Okaloosa County BOCC — April 1, 2014 — PJ TRIP agmnt with attachments

Updated 7/20/12 CSFA No. 55.026 FINANCIAL PROJECT NO. 421997-33801 ;421997-34801;421997-43801; 421997-44801;421997-53801;421997-63801 OKALOOSA COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT This Transportation Regional Incentive Program Agreement (“Agreement”) is between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, ("DEPARTMENT") and OKALOOSA COUNTY ("COUNTY "). RECITALS A. The DEPARTMENT has the authority, under Section 334.044, Florida Statutes (F.S.) to enter into this Agreement. B. The Transportation Regional Incentive Program was created by Section 339.2819, F.S. to provide funds to improve regionally significant transportation facilities in “regional transportation areas” created pursuant to Section 339.155, F.S. C. The COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of Section 339.2819, F.S. D. The NORTHWEST FLORIDA REGIONAL TRANSPORTATION PLANNING ORGANIZATION acting as a designated regional partnership under Section 339.155, F.S. and formed by an interlocal agreement designated PJ ADAMS PARKWAY as a regional facility by resolution, a copy of which is incorporated into this Agreement and attached as Exhibit 1. E. The DEPARTMENT is willing to provide COUNTY with financial assistance under Financial Project No. 421997-33801; 421997-34801; 421997-43801; 421997-44801; 421997-53801; _421997-63801 ("PROJECT") in accordance with Section 339.2819, F.S. F. The COUNTY by Resolution No. dated the day of , (month), (year), a copy of which is attached to and made a part of this Agreement as Exhibit 2, has authorized the Chairman of its Board of Commissioners or designee to enter into this Agreement. AGREEMENT In consideration of the mutual covenants in this Agreement, the parties agree as follows: 1. SERVICES AND PERFORMANCE A) The PROJECT consists of Design and ROW on PJ ADAMS PARKWAY from Key Lime place to SR 85 Ferdon Blvd; Ashley Drive to Key Lime Place; Wild Horse drive to Ashley Drive & Wild Horse Drive to SR 8 (I-10). B) The COUNTY agrees to undertake the construction of the PROJECT in accordance with all applicable, federal, state and local statutes, rules and regulations, and standards, The Updated 7/20/12 C) D) E) BE) A) B) A) COUNTY shall be responsible for obtaining clearances/permits required for the construction of the PROJECT from the appropriate permitting authorities. Upon completion of the PROJECT, the COUNTY shall certify to the DEPARTMENT that the PROJECT has been completed in accordance with the applicable standards, statutes, rules and regulations in writing as provided in Exhibit E (Notice of Completion) which is attached to and made a part of this Agreement. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. The COUNTY shall provide the DEPARTMENT with quarterly progress reports. The COUNTY shall utilize the U.S. Department of Homeland Security’s E-Verify system to confirm the employment eligibility of all persons employed by the COUNTY during the term of the Contract to perform employment duties within Florida and all persons, contractors, including subcontractors, assigned by the COUNTY to perform work pursuant to the contract with the Department. The COUNTY shail not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: TO COUNTY: Florida Department of Transportation Okaloosa County BOCC 1074 Hwy 90 c/o Contracts & Grants Manager Chipley, FL 32428 1804 Lewis Turner Blvd, Ste 206 Attn: Alicia Brininger Fort Walton Beach, FL 32547-1285 TERM The COUNTY shall perform the PROJECT activities in accordance with the following schedule as further described in Exhibit B (Schedule of Services) which is attached and made a part of this Agreement: (1) ROW & Design to be completed on or before 1/29/2016 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 and contingent upon the DEPARTMENT’S District Secretary’s or Designee’s Approval. COMPENSATION AND PAYMENT The COUNTY and the DEPARTMENT agree to share the cost of this PROJECT 421997-33801; 421997-34801; 421997-43801; 421997-44801; 421997-53801; Updated 7/20/12 421997-63801. The COUNTY agrees to provide 50 percent of the costs for PROJECT expenditures and the DEPARTMENT agrees to provide 50 percent pursuant to Section 339.2819, F.S. B) The estimated total cost as set forth in the DEPARTMENT’S adopted work program for c) this PROJECT is $_ 4,400,000 (four million four hundred thousand dollars ). The estimated COUNTY share of the PROJECT is $2,200,000 (two million two hundred thousand dollars), The estimated DEPARTMENT share of the PROJECT is $2,200,000 (two two hundred thousand dollars). The amounts are outlined in Exhibit C (Schedule of Funding) which is attached to and made a part of this Agreement. The parties further agree all remaining costs of the PROJECT will be borne by the COUNTY. i) In the event the COUNTY proceeds with the DESIGN/ROW of the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). ii) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the DEPARTMENT under Section 334.044 (29), F.S. Invoices (3 copies) shall be submitted by the COUNTY in detail sufficient for a proper pre-audit and post audit thereof, based on the quantifiable, measurable, and verifiable units of deliverables as established in Exhibit A (Scope of Services). Deliverables must be received and accepted in writing by the DEPARTMENT’S TRIP Coordinator prior to payments. D) Entities providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt the DEPARTMENT has 5 working days to inspect and approve the goods and services. 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 goods or services are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S. will be due and payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1) dollar will not be enforced unless the COUNTY requests payment. Invoices that have to be returned to the COUNTY because of COUNTY 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 COUNTIES 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 3 Updated 7/20/12 E) F) Services at 1-877-693-5236. Funds transferred to the COUNTY by the DEPARTMENT shall be segregated from other funds and invested by the COUNTY until their actual expenditure, in such income or revenue-producing investments as authorized by law for other COUNTY funds. All income, interest, or other revenues obtained from such investment shall be considered funds of the DEPARTMENT. The income, interest, or other revenues shall be remitted to the DEPARTMENT on a quarterly basis within fifteen (15) days of the close of the months March, June, September, and December, regardless of the month in which funds were received. Upon completion of the PROJECT, all remaining income, interest, or other revenues shall be returned to the DEPARTMENT. All refund or interest checks shall be made payable to: Florida Department of Transportation, and mailed to the DEPARTMENT address in Paragraph 1.F) of this Agreement; with the Project Number referenced and information included that identifies the interest period, amount of interest earned by account, name of depository, and interest rate. The documentation submitted to support interest earnings should include copies of bank or investment account statements, computational work sheets, etc. The State of Florida’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 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), F.S., are 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 shali prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executor 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 dollars and which have a term for a period of more than 1 year.” G) Any PROJECT funds made available by the DEPARTMENT pursuant to this Agreement which are determined by the DEPARTMENT to have been expended by the COUNTY 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 COUNTY 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. H) Travel costs will not be reimbursed. D Records of costs incurred under terms of this Agreement shall be maintained and made 4 Updated 7/20/12 A) B) C) 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 includes the COUNTY's general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors performing work on the project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. CAPITAL IMPROVEMENTS AND ROADWAY LEVEL OF SERVICE The PROJECT must be identified in the capital improvements element of the comprehensive plan that has been determined to be in compliance with Part I] of Chapter 163, F.S. and with local government comprehensive plan policies relative to corridor management. The DEPARTMENT shall give priority consideration to projects with committed local funds. The PROJECT must be identified as a funded project in the capital improvements element. The capital improvements element must also include standards to ensure the availability of transportation facilities and the adequacy of those facilities to meet established acceptable levels of service. The intergovernmental coordination element requires coordination in establishing level of service standards for transportation facilities operated and maintained by the DEPARTMENT. The logical termini for the PROJECT are Key Lime Place to SR 85 Ferdon Blvd; Ashley Drive to Key Lime Place; Wild Horse Drive to Ashley Drive & Wildhorse Drive to SR 8 (I-10). The level of service (LOS) for the segment of PJ Adams/Antioch Rd between the logical termini for this PROJECT, as set forth above, shall be designated by COUNTY. The current LOS for this segment is F. AND RIGHT OF WAY DONATIONS (if applicable) A) B) Cc) D) In-kind services are goods, commodities, or services received in lieu of cash payments. Goods and commodities should be valued based on their current market value. Property donated by local governments for right of way as the local share for a qualified project, must comply with the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. 4601, et sec., and implementing federal regulations, 49 CFR Part 24 and 23 CFR Part 710, if federal funds will be used in any phase of the project. Other requirements for the acquisition of tights of way should be determined in accordance with guidelines established by the Office of Right of Way. The DEPARTMENT has established specific right of way acquisition guidelines for the Transportation Regional Incentive Program. These guidelines can be found at http://www.dot.state.fl.us/planning/TRIP/RW- contributions. pdf and are incorporated into this Agreement by reference. The excess of an in-kind match valued in excess of the required match will not generally be applied towards another project. On a case by case basis, an exception may be made for project segments in a regional corridor that are part of an implementation plan for that Updated 7/20/12 corridor. 6. INDEMNITY AND INSURANCE A) INDEMNITY i) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, consultants/sub-consultants, who perform work in connection with this Agreement: "The contractor/consultant shall indemnify, defend, save, and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor/consultant, its officers, agents, or employees." B) LIABILITY INSURANCE. i) The COUNTY or cause its contractor/consultant to carry and keep in force during the period of this Agreement a general liability 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 $1,000,000 per person and subject to that limit per person $5,000,000 for each occurrence, and property damage insurance of at least $50,000 for each occurrence and subject to that limit for each occurrence a total of $100,000 during the policy period, for the services to be rendered in accordance with this Agreement. However, in the event the COUNTY maintains a self-insurance fund to cover such liability, the COUNTY agrees to maintain sufficient reserves in the fund to pay the above-described liability limits. In addition to any other forms of insurance or bonds required under the terms of this Agreement, the COUNTY must comply or cause its contractor to comply with Section 7-13 of the DEPARTMENT'S Standard Specifications for Road and Bridge Construction (2010), as amended. The DEPARTMENT must be included as an additional insured party on the liability insurance policies described in this Agreement. C) WORKERS’ COMPENSATION. i) The COUNTY shall also carry or cause its contractor/consultant to keep in force Workers’ Compensation insurance as required for the State of Florida under the Workers’ Compensation Law. 7. COMPLIANCE WITH LAWS A) The COUNTY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F. S., made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B) The COUNTY 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. C) No funds received pursuant to this Agreement may be expended for iobbying the Legislature, the judicial branch, or a state agency. 6 Updated 7/20/12 D) The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and 8. subcontractors are not agents of the DEPARTMENT as a result of this Agreement for purposes other than those set out in Section 337.274, F. S. AUDIT AND MONITORING REQUIREMENTS A) The administration of resources awarded by the DEPARTMENT to the COUNTY may B) be subject to audits and/or monitoring by the DEPARTMENT, as described in this section. In addition to reviews of audits conducted in accordance with OMB Circular A- 133, as revised, and Section 215.97, F.S., monitoring procedures may include, but not be limited to, on-site visits by the DEPARTMENT staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the COUNTY agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a limited scope audit of the COUNTY/CITY/AUTHORITY is appropriate, the COUNTY agrees to comply with any additional instructions provided by DEPARTMENT staff regarding such audit. The COUNTY 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. The COUNTY, as a non-state entity as defined by Section 215.97(2)(m), F.S., is required to have audits performed annually using the following criteria: i) In the event that the COUNTY expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of the COUNTY, the COUNTY must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the state CFO; and Chapters 10.550 (local government entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the COUNTY shall consider all sources of state financial assistance received from 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 COUNTY shall ensure that the audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), F.S., and Chapters 10.550 (local government entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General. iii) If the COUNTY expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the COUNTY expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from non-state entity’s resources (i.e., the cost of such an audit must be paid from the COUNTY’s resources obtained from other than State 7 Updated 7/20/12 iv) vi) vii) viii) entities). State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. The COUNTY shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. Access to project records and audit work papers shall be given to the DEPARTMENT, the state CFO, and the Auditor General. This section does 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 other state official. Copies of reporting packages, reports, or’: management ‘letters required by this Agreement shall be submitted by or on behalf of the COUNTY directly to the following offices: Florida Department of Transportation 1074 Hwy 90 Chipley, FL 32428 Attn: TRIP Cooridnator, Planning Dept State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 Any reports, management letter, or other information required to be submitted to the DEPARTMENT pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local government entities) or 10.650 (non-profit or for-profit organizations), Rules of the Auditor General, as applicable. The COUNTY, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local government entities) or 10.650 (non-profit or for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the COUNTY in correspondence accompanying the reporting package. The COUNTY shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the DEPARTMENT, or its designee, the 8 Updated 7/20/12 state CFO or Auditor General access to such records upon request. The COUNTY shall ensure that the independent audit working papers are made available to the DEPARTMENT, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. (C) The COUNTY must include the audit and record keeping requirements in this Section 8 in contracts and subcontracts entered into by the COUNTY with any party for work required in the performance of this Agreement. (D) The COUNTY shall, three (3) months after the date of execution of this Agreement and every three (3) months thereafter, provide the DEPARTMENT with quarterly progress reports. Each quarterly report shall contain a narrative description of the work completed and whether the work is proceeding according to the project schedule; a description of any change orders executed by the COUNTY; a budget summary detailing planned expenditures compared to actual expenditures; and identification of each small or minority business enterprise used as contractors or subcontractors. Records of all progress payments made for work in connection with such transportation projects, and any change orders executed by the COUNTY and payments made pursuant to such orders, shall be maintained by the COUNTY in accordance with accepted governmental accounting principles and practices and shall be subject to financial audit as required by law. (E) Records of costs incurred under the terms of this Agreement shall be maintained and A) B) C) made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five (5) 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 COUNTY'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 DEPARTMENT for a proper audit of costs. TERMINATION AND DEFAULT This Agreement may be canceled by either the COUNTY or the DEPARTMENT upon sixty (60) days written notice. If the DEPARTMENT is terminating the Agreement, the DEPARTMENT shall notify the COUNTY of such termination with instructions as to the effective date of termination or specify the state of work at which the Agreement is to be terminated. If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the AGREEMENT, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the AGREEMENT will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. If the Agreement is terminated before performance is completed, the COUNTY 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 9 Updated 7/20/12 10. work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. MISCELLANEOUS A) 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. B) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. C) In no event shall the making by the DEPARTMENT of any payment to the COUNTY 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 COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D) This document incorporates and includes all prior negotiations, correspondence, E) F) conversations, agreements, ot understandings applicable to the matters contained herein. The patties agree that all commitments, agreements, or understandings concerning the subject matter of this Agreement are contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by the COUNTY and the DEPARTMENT. 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 shall remain 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. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County, Florida. G) This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the PROJECT is completed and accepted and payment made by the DEPARTMENT or terminated in accordance with Section 9 Termination and Default. H) An entity or affiliate which has been placed on the discriminatory vendor list may not 1) 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. A person or affiliate who has been placed on the convicted vendor list following a 10 Updated 7/20/12 d 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, F. S., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. The COUNTY: i) 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 COUNTY during the term of the contract; and ii) 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. ll Updated 7/20/12 IN WITNESS WHEREOEF, the parties have executed this Agreement on the date(s) below. OKALOOSA COUNTY, FLORIDA ATTEST CLERK (Seal) TITLE Date Print Name Date STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: DISTRICT THREE DIRECTOR Print Name Date Legal Review: Date See attached Encumbrance Form for date of funding approval by Comptroller 12 Updated 7/20/12 EXHIBIT - 1 Compliance Requirements 1. 2. STATE RESOURCES Agency: Florida Department of Transportation Catalog of State Financial Assistance: Transportation Regional Incentive Program (55.026) Amount: $2,200,000.00 Compliance Requirements 1. The project must be regionally significant and derived from a regional transportation plan. 2. The regional transportation plan must be created by a regional transportation area created pursuant to Section 339.155, Florida Statutes. 3. The project must meet the minimum eligibility criteria listed in Section 339.2819 Florida Statutes. 4. Funds will only be provided for capital expenses not to exceed 50 percent of project costs. Operations are not covered through Transportation Regional Incentive Program. 5. The project is included or eligible for inclusion in the Department’s adopted Work Program pursuant to Section 339,135, Florida Statutes. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 13 INTERLOCAL AGREEMENT FOR CREATION OF THE NORTHWEST FLORIDA REGIONAL TRANSPORTATION PLANNING ORGANIZATION THIS REVISED AND RESTATED INTERLOCAL AGREEMENT is made and entered into this 21st day of September, _ 2005, by and between the FLORIDA-ALABAMA TRRANSPORTATION PLANNING ORGANIZATION , and the OKALOOSA-WALTON TRANSPORTATION PLANNING ORGANIZATION, and supercedes all previous agreements. RECITALS: WHEREAS, Census 2000 shows that the Fort Walton Beach Urbanized Area is no fonger just contiguous to the Pensacola Urbanized Area, but extends across the Okaloosa- Santa Rosa County Line to Navarre; and WHEREAS, federal and state transportation agencies have placed an emphasis on regional transportation planning to develop regional transportation, solutions, and this emphasis is demonstrated most strongly in the 2003 Florida Legislature's direction to the Florida Transportation Commission to study the nature and extent of regional transportation planning efforts by and among Florida's twenty-six metropolitan planning organizations and creation of the Transportation Regional Incentive Program during the 2005 Session, and WHEREAS, in February 2003, the Florida Department of Transportation, acting on. behalf of the Governor, communicated to the Florida-Alabama TPO (formerly known as the Pensacola MPO) and Okaloosa-Walton TPO the need to either consolidate as one metropolitan planning organization or develop a consultative process to incorporate institutional and process improvements to address regional transportation issues at the metropolitan planning organization level; and WHEREAS, by June 26, 2003, the Florida-Alabama TPO and Okaloosa-Walton TPO responded to the Department with a commitment to enter into an interlocal agreement for purposes of coordinating long range transportation plans, establishing regional transportation priorities, and developing an enhanced regional public involvement process, and WHEREAS, the 2003 Legislature modified Paragraph 339.175 ) (i) (2), Florida Statutes, authorizing contiguous metropolitan planning organizations and individual political Northwest Florida Regional Transportation Planning Organization Agreement Final — 9/21/2005; 4:20 pm . Page 1 of 14 subdivisions to enter into agreements to coordinate activitles or to achieve any federal or state transportation planning goals or purposes; and WHEREAS, the parties of this Interlocal Agreement desire to participate cooperatively in the performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to assure that highway facilities, mass transit, rail systems, air transportation and other facilities will be properiy located and developed in relation io the overall plan of community development; and WHEREAS, the undersigned parties have determined that this Agreement satisfies the requirements of and is consistent with Section 339.175 (5) (i) (2), , Florida Statutes; and WHEREAS, the Transportation Regional Incentive Program created by 339.2819, Florida Statutes, requires that the entity that is creating the regional transportation plan be identified and that the boundaries of the regional transportation area be delineated; and WHEREAS, the Interlocal agreement must be consistent with statutory requirements set forth in Section 163.01, Florida Statutes, relating to interlocal agreements; and WHEREAS, the undersigned parties have determined that this Agreement Is consistent with the requirements of Section 163.01, Florida Statutes. _NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the parties desiring to be legally bound, do agree as follows: ARTICLE 1 TITLE; RECITALS; DEFINITIONS Section 1.01. This Interlocal Agreement shall be known and may be cited as the “Northwest Florida Regional Transportation Planning Organization Agreement.” Section 1.02. Recitals. Each and all of the foregoing recitals be and the same hereby incorporated herein and acknowledged to be true and correct to the best of the parties’ knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to Northwest Florida Regional Transportation Planning Organization Agreement Final — 9/21/2005; 4:20 pm Page 2 of 14 invalidate this Agreement. Section 1.03. Definitions. The following words when used in this Agreement (unless the context shall clearly indicate the contrary) shall have the following meanings: (a) “Agreement” means and refers to this instrument, as amended from time fo time, entered into according to provisions of part |, Chapter 163, Florida Statutes. (b) “Department” shall mean and refer fo the Florida Department of Transportation, an agency of the State of Florida created pursuant to Section 20.23, Florida Statutes, (ec) “Long Range Transportation Plan” is the 20-year plan of each local metropolitan planning organization which identifies transportation facllitles; includes a financlal plan that demonstrates how the plan can be implemented and assesses capital improvements necessary to preserve the existing metropolitan transportation system and make efficient use of existing transportation facilities; Indicates proposed transportation enhancement activities; and in ozone/carbon monoxide non-attainment areas is coordinated with the State implementation Plan: all as required by 23 USC Section 134(g), 23 CFR Section 450.322, Section 339.175(6), Florida Statutes. (a) “Member” means the Florida-Alabama Transportation Planning Organization {FL-ALTPO), formerly called the Pensacola MPO, oF the Okaloosa-Walton Transportation Planning Organization (O-WTPO). : (e) “Metropolitan Planning Area” means and refers to the planning area as delineated by each TPO for the urbanized area containing at least a population of 50,000 as described in 23 USC Section 134(b)(1), 49 USC Section 5303(c)(1), and Section 339.175, Florida Statutes, which shail be subject to the TPO. () “Organization” means the body politic and corporate created pursuant to this Agreement. (g) “Regional Transportation Area” means the boundaries of the area to be covered by the regional transportation plan and list of project priorities created pursuant to the Northwest Florida Regional Transportation Planning Organization Agreement Final - 9/21/2005; 4:20 pm Page 3 of 14 Transportation Regional incentive Program. The boundaries of the regional transportation area are defined as follows: the entirety of, Escambia, Okaloosa, Santa Rosa, and Walton Counties, Florida. (h) “Regional Transportation Priorities” are those priorities for transportation projects, which are located in or affect transportation in more than one county. () “Representative” means an elected official who serves on the governing board of the Northwest Florida Regional Transportation Planning Organization. (0) “TPO” means the individual, local metropolitan planning organizations, Florida-Alabama TPO, and Okaloosa-Walton TPO,; formed pursuant to Section 339.175, Florida Statutes, for each respective designated urbanized area. (k) “Transportation Priorities" means those transportation projects selected annually by each metropolitan planning organization, written in order of priority for implementation, and submitted to the Florida Department of Transportation for use in developing the Department's Work Program, (0) “Transportation Regional Incentive Program” means a program established under Section 339.2819, Florida Statutes that provides matching funds from the Florida Department of Transportation for regionally significant projects identified in a regional transportation plan and list of project priorities. ARTICLE 2 PURPOSE Section 2.01. General Purpose. The purpose of this Agreement is to establish a regional transportation planning organization and partnership by an interlocal agreement, which complies with the 2003 amendment of Paragraph 339.175 (5)(1)(2), Florida Statutes, ahd Section 339.2819, Florida Statutes. (a) To establish a forum for a coordinated and cooperative regional transportation planning process for Escambia, Santa Rosa, Okaloosa, and Walton Counties; to Northwest Florida Regional Transportation Planning Organization Agreement Final — 9/21/2005; 4:20 pm Page 4 of 14 implement the Agreement through coordination of long range transportation plans, project priorities, and planning policies; and to begin developing altematives for a solution to congestion and safety problems on US 98, a regionally-significant arterial roadway, (b) To identify regional transportation projects which improve mobility across county and metropolitan planning area boundaries and, in cooperation with the Department of Transportation, to seak funding for those projects; (c)} Through cooperation with the Individual, local metropolitan planning organizations, to develop and adopt regional transportation priorities for regional transportation projects. - . -(d) To develop a regional transportation plan and list of project priorities for the purpose of soliciting funds from the Transportation Regional Incentive Program. ARTICLE 3 ORGANIZATION AND CREATION Section 3.01, Establishment of Organization. *The Organization is hereby created and established pursuant to this Agreement to carry out the purposes and functions set forthin Article 2. The legal name of this Organization shall be the Northwest Florida Regional Transportation Planning Organization. Section 3,02. Organization to operate pursuanttolaw. in the event that any election, referendum, approval, permit, notice, other proceeding or authorization. is required under applicable law to undertake any power, duty, or responsibility hereunder, or to observe, assume,-or carry out any of the provisions of this Agreement, the Organization wil, fo thé extent of Its legal capacity, comply with ail applicable laws and requirements. Section 3.03. Governing board to act as policy-making -body of Oraanization, The govetning board established pursuant to Section 4.01 of this Agreement shall be the policy- making body that Is the forum for cooperative decision-making and will be taking the required approval action as the Organization. Northwest Florida Regional Transportation Planning Organization Agreement Final — 9/21/2005; 4:20 pm Page 5 of 14 Section 3.04. Submission of proceedings: Contracts and other documents. Subject to the right to claim an exemption from the Florida Public Records Law, Chapter 119, Florida Statutes, the parties shall submit to each other such data, reports, records, contracts, and other documents relating to its performance as an Organization as is requested. Charges to be in accordance with Chapter 119, Florida Statutes. Section 3.05. Rights of review. All parties to this Agreement, and the affected Federal and state agencies (i.e, FHWA, FTA, and FDOT) shall have the rights of technical review and comment on Organization projects. ARTICLE 4 COMPOSITION; MEMBERSHIP: TERMS OF OFFICE Section 4.01, Composition and membership of governing board. (a) The governing body of the Organization shall consist of sixteen (16) representatives. The representation of members shall be distributed as follows: eight representatives appointed by the Florida-Alabama Transportation Planning Organization, distributed as four from Escambia County and four from Santa Rosa County; and eight representatives appointed by the Okaloosa-Walton Transportation Planning Organization, distributed as four from Okaloosa County and four from Walton County. The representatives from each county may include county and municipal elected officials. Representatives shall hald elected office and be a current.member, or alternate, of the TPO. All representatives shall have - voting priviieges. Any Member may remove and replace the representative(s) It appointed at any time, with or without cause. Representatives of the Organization may be removed from office by the Governor for misconduct, malfeasance, misfeasance, or nonfeasance In office. (b) At the first meeting of each calendar year, the governing body of the Organization shall elect one of its representatives as chair of the Organization who will preside over meetings, and another representative as vice chair to perform duties of the chair in his absence. The chair and vice chalr shall hold offices for one-year terms, and may be eligible for reelection to successive terms. Any officer may be removed from office, with or without cause, upon majority vote of the governing body of the Organization at any duly scheduled meeting. No such removal from office of the Organization shail have the effect of removing such person as a representative; rather only the member that appointed the representative shall have such Northwest Florida Regional Transportation Planning Organization Agreement Final — 9/21/2005; 4:20 pm Page 6 of 14 authority, (ce) Nine representatives shall constitute a quorum and the vote of nine representatives shall be necessary for any action taken by the Organization. No vacancy In the Organization shall impair the right of a quorum of the Organization to exercise all the rights and perform all of the duties of fhe Organization. (dq) Each Member shall appoint an alternate for each representative on the governing body. Alternates shall be elected officials serving the same general-purpose local government as the representative and the alternate shall be eligible fo vote when the representative Is absent from meetings. : (e) The non-voting representatives shall include the District Secretary, or designee, of the Florida Department of Transportation's Third District and the Chairman, or designee, of the Eglin Alr force Base Encroachment Committee, Section 4.02. Terms. Notwithstanding the representation provisions of Section 4.01{a), the term of office of representatives of the Organization shall be four (4) years. The representation by a representative who is a public official automatically terminates upon said official leaving the elective or appointive office for any reason, or may be terminated by a majority vote of the tofal membership of the governmental entity represented by the representative. A vacancy shall be filled by the original appointing entity. A representative may be appointed for one or more additional four (4) year terms. : ARTICLE 5 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority. The Organization shall have all authorities, powers and duties, enjoy ail rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessary or appropriate to managing a continuing, cooperative, and comprehensive regional transportation. planning process. Section 5.02. Specific authority and powers. The Organization shall have the following powers and authority: Northwest Florida Regional Transportation Planning Organization Agreement Final — 9/21/2005: 4:20 pm (a) _As provided in Section 463.01(14), Florida Statutes, the Organization may enter into contracts for the performance of service functions of public agencies; ~ (b) As provided in Section 163.01(5)(), Florida Statutes, the Organization may acquire, own, operate, maintain, sell, or lease real and personal property; (c) As provided in Section 163.01(5)(m), Florida Statutes, the Organization may accept funds, grants, assistance, gifts or bequests from local, State, and Federal resources; (d) The Organization may promulgate rules to effectuate its powers, responsibllities, and obligations enumerated herein; provided, that sald rules do not supersede or conflict with applicable local and state laws, rules and regulations; and (e) The Organization shall have such powers and authority as specifically” provided in Sections 163.01 and 339,175, Florida Statutes, and as may otherwise be provided by federal or state law. Section 5.03. Duties and responsibilities. The Organization shall have the following duties and responsibltities: (a) | The Organization shail prepare and approve a regional transportation plan; (b) The Organization shall prepare and approve reglonal transportation policies and priorities; , (oc) Preparation of the regional transportation plan, policies, and priorities shail be an interactive process among the Organization, and each of the TPOs, with the Organization drafting the regional plan, policies, and priorities for tentative endorsement, forwarding the plans to the TPOs for approval; and upon receipt of TPO approval, the Organization shall issue final adoption; : , (d) All parties to this Agreement shail participate in this planning process, and share information and data requested by the Organization in order to accomplish the mutual goals of the Organization; Northwest Florida Regional Transportation Planning Organization Agreement Final — 9/21/2005; 4:20 pm Page 8 of 14 (e) During the process of developing regional plans, policies, and priorities, the Organization may consult the members of the TPO Technical Coordinating Committees and Citizens’ Advisory Committees, for it is not the intent of the Organization to create additional advisory committees; (f) The Organization shall establish a budget which shail operate on a fiscal year basis consistent with any requirements of the Unified Planning Work Program and the budget - shall be Included in the respective Unified Planning Work Program of each TPO; (g) In cooperation with the Department, prepare a pian to implement the approved regional transportation priorities; (h) Adopt operating rules and procedures. ARTICLE 6 STAFF TO THE ORGANIZATION Section 6.01. Staff. Based on the approval of each TPO, the Organization will retain the Transportation Division of the West Florida Regional Planning Council, which currently provides staff services to both TPOs, as the designated staff of the Organization. ARTICLE 7 FUNDING AND RECORD-KEEPING Section 7.01. Funding. The Organization shall be funded in the following manner. (a) Administrative Expenses - The Florida-Alabama TPO and Okaloosa-Walton TPO shall equally share the cost of basic administration of the Organization by identifying a task in each respective, annual Unified Planning Work Program, to be funded with Federal PL (transportation planning) funds. Administrative expenses shall include: writing of agendas and minutes; preparing for meetings; providing staff support of meetings; arranging for consultants and speakers to attend meetings, as called for in agendas; and keeping timesheets and other records to account for time and expenses. Northiwest Florida Regional Transportation Planning Organization Agreement Final — 9/21/2005; 4:20 pm Page 9 of 14 {b) Additional Planning Activity Expenses - Studies and projects undertaken by the Organization, which are in addition to basic administration, shall be funded with state and federal funds. Section 7.02. Record-keeping and document retention. The Organization shall prepare and retain all records in accordance with the federal and state requirements, including but not limited to 23 CFR Part 420, Subpart A, 49 CFR Part 18d, Subpart C, 49 CFR Section 18.42, and Chapter 119, Florida Statutes. Records of the Organization shall be retained by the West Florida Regional Planning Council. ARTICLE 8 DISPUTE RESOLUTION Section 8.04 Dispute resolution, The Organization shall use the following procedures to resolve disagreements regarding interpretation of thls Agreement, disputes relating to the operation of the Organization, or disagreements regarding approval of the regional transportation plan, policies, and priorities: (a) Internal resolution - appoint a committee with representatives of all four counties, which may include members of each TPO Technical Coordinating Committee, to seek a@ resolution; and (b) Implement the Conflict Mediation Procedure established by the West Florida Regional Planning Council, as set forth in Rule 29A-3, Florida Administrative Code ARTICLE 9 MISCELLANEOUS PROVISIONS Section 9,01, Constitutional or statutory duties and responsibilities of parties. This Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by law, except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or any legal or administrative entity’ created or authorized by this Agreement, in Northwest Florida Regional Transportation Planning Organization Agreement Final — 9/21/2005; 4:20 pm Page 10 of 14 which case this performance may be offered in satisfaction of the obligation or responsibllity. Section 9.02, Amendment of Agreement. Amendments or modifications of this Agreement may only be made by written agreement signed by all parties here to with the same formalities as the original Agreement. Section 9.03. Duration: withdrawal procedure. (a) Duration. This Agreement shall remain in effect until terminated by the parties to this Agreament; provided. (b) Withdrawal procedure. Either member may withdraw from this Agreement ’ after presenting in written form a notice of intent to withdraw to the other parties to this Agreement, giving recognition that withdrawal by either member terminates the Agreement and dissolves the Organization. Section 9.04. Nofices. All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered in person or dispatched by certified mall, postage prepaid, return receipt requested. Required notices shall be addressed as follows: Chairman Florida-Alabama Transportation Planning Organization P.O, Box 9759 ' . Pensacola, FL 32513-9759 Chairman Okaloosa-Walton Transportation Planning Organization P.O. Box 9759 Pensacola, FL 32513-9759 A party may unilaterally change its address or addressee by giving notice in writing to the other parties as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address. Northwest Florida Regional Transportation Planning Organization Agreement Final ~ 9/21/2005; 4:20 pm Page 11 of 14 Section 9.05. Interpretation. (a) Drafters of Agreement. The members of each TPO were represented by or afforded the opportunity for representation by legal counsel and participated in the drafting of this Agreement and in choice of wording. Consequently, no provision hereof should be more strongly construed against any party as drafter of this Agreement. (6) Severability. Invalidation of any one of the provisions of this Agreement or any part, clause or word hereof, or the application thereof in specific circumstances, by judgement, court order, or administrative hearing or order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect; provided, that such remainder would then continue to conform to the terms and requirements of applicable law. {c) Rules of construction. {n interpreting this Agreement, the following rules of construction shall apply unless the context indicates otherwise: (1) The singular of any word or term includes the plural: (2) The masculine gender includes the feminine gender; and (3) The word “shall’ is mandatory, and “may” is parmissive. Section 9.06. Enforcement by parties hereto. In the event of any judicial or administrative action to enforce or interpret this Agreament by any party hereto, each party shall bear its own attorney's fees in connection with such proceeding. Section 9.07. Agreement execution: Use of counterpart signature pages. ‘This Agreement, and any amendments hereto, may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. Northwest Florida Regional Transportation Planning Organization Agreement Final — 9/21/2005; 4:20 pm Page 12 of 14 Section 9.08. Effective date: Cost of recordation. (a) Effective date. This Agreement shall become effective upon its filing in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for each county in which a party hereto Is located. (b) Recordation. The TPOs hereby agree to pay for any costs of recordation or filing of this Agreement in the Office of the Circuit Court for each respective county in which a party is hereto located. The recorded or filed original hereof, or any amendment, shall be returned to the Organization for filing in its records, Northwest Florida Regional Transportation Planning Organization Agreement. Final — 9/21/2005; 4:20 pm Page 13 of 14 IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal ‘Agreement on behalf of the referenced legal entities and hereby establish the above designated Organization, . Signed, Sealed and Delivered in the presence of: fLORIDA-ALABAMA TRANSPORTATION OKALOOSA-WALTON TRANSPORTATION PLANNING ORGANIZATION PLANNING ORGANIZATION Lr J.D. Smith, Chairman "Blaine Tucker, Chairman (Seal) (Seal) ATTEST: * m fisad “Michael W. Zeigler, Director Transportation Planning DATE:Senteamber 21,2005 Northwest Florida Regional Transportation Planning Organization Agreement Final ~ 9/21/2005; 4:20 pm Page 14 of 14 Updated 7/20/12 EXHIBIT - 2 COPY OF RESOLUTION 14 RESOLUTION NO. WHEREAS, The Transportation Regional Incentive Program was created by Florida Statute 339.2819 to provide funds to improve regionally significant transportation facilities in "regional transportation areas" pursuant to Florida Statute 339.155(5) and WHEREAS, The Okaloosa County Board of Commissioners applied for funds to design a portion of the P.J. Adams Parkway/Western Bypass from SR 85 to SR 8 (I-10) and to acquire partial right-of-way from SR 85 to Ashley Drive. Said project consisting of widening the existing roadway to four lanes for a western bypass around the city of Crestview and WHEREAS, the Florida Department of Transportation is willing to provide Okaloosa County with the financial assistance under Financial Project No. 421997-33801, 421997-34801, 421997-43801, 421997-44801, 421997-53801 and 421997-63801 hereinafter referred to as the "PROJECT", in accordance with Florida Statute 339.2819; and NOW THEREFORE BE IT RESOLVED, that the Okaloosa County Board of Commissioners hereby authorizes the chairman of the Okaloosa County Board of Commissioners to enter into the Transportation Regional Incentive Program Agreement with the Florida Department of Transportation for the P.J. Adams Parkway/Western Bypass project as referenced above. DULY PASSED AND ADOPTED in regular session on this the day of , 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Charles K. Windes, Jr. CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT Gary J. Stanford DEPUTY CLERK Updated 2/24/2014 Exhibit A SCOPE OF SERVICES P.J. Adams Parkway/Western Bypass Widening Project, Okaloosa County (Design: FPID’s 421997-3-38-01, 421997-4-38-01, 421997-5-38-01, 421997-6-38-01) (Right-of-Way: FPID’s: 421997-3-48-01, 421997-4-48-01) Project Description: The P.J. Adams Parkway/Western Bypass project (Phases I-IV) will widen and expand existing P.J. Adams Parkway/Antioch Road from a two-lane undivided roadway to a four-lane divided urban collector. The overall limits of the project are from SR 85N (South Ferdon Boulevard) to just south of the SR 8 (1-10) overpass. The project will include widening of the existing roadway from two lanes to four lanes, access management improvements, turn lane improvements at signalized and non- signalized intersections, the addition of traffic signals at the P.J. Adams/Key Lime intersection, construction of sidewalks, storm water facilities, curb and gutter, and roadway signing and striping. The project includes design and permitting for Phases 1 through 4 and right-of-way acquisition for Phases 1 and 2 as outlined below. The project shall at a minimum consist of the following as approved by the DEPARTMENT: Phase 1A — FPID: 421997-3-38-01 — Design & Permitting —- From SR 85N to Key Lime Place e Design Final Construction Plans to widen P.J. Adams Parkway from SR 85N to Key Lime Place from a two-lane to a four-lane roadway. The work shall include construction of turn lanes, traffic separators, sidewalks, bike lanes, storm water facilities, curb and gutter, and roadway signing and striping. e Construct westbound left turn lane on P.J. Adams Parkway at Key Lime Place. e Construct eastbound left turn lane on P.J. Adams Parkway at Villacrest Drive. e Construct new signalized intersection at P.J. Adams Parkway and Key Lime Place. e Obtain required permits from all environmental and regulatory agencies. Phase 1B — FPID: 421997-3-48-01 — Right-of-Way — From SR 85N to Key Lime Place ¢ Obtain right-of-way from SR 85N to Key Lime Place via warranty deed(s) based on proposed right-of-way identified in final design plans. e Obtain temporary construction easements (TCE’s), if required. Updated 2/24/2014 Phase 2A — FPID: 421997-4-38-01 — Design & Permitting — From Key Lime Place to Ashley Dr. Design Final Construction Plans to widen P.J. Adams Parkway from Key Lime Place to Ashley Drive from a two-lane to a four-lane roadway. The work shall include construction of turn lanes, traffic separators, sidewalks, bike lanes, storm water facilities, curb and gutter, and roadway signing and striping. Construct westbound left turn lane on P.J. Adams Parkway at Ashley Drive. Construct eastbound left turn lane on P.J. Adams Parkway at Villacrest Drive. Obtain required permits from all environmental and regulatory agencies. Phase 2B — FPID: 421997-4-48-01 — Right-of-Way — From Key Lime Place to Ashley Drive Obtain right-of-way from Key Lime Place to Ashley Drive via warranty deed(s) based on proposed right-of-way identified in final design plans. Obtain temporary construction easements (TCE’s), if required. Phase 3A — FPID: 421997-5-38-01 — Design & Permitting — From Ashley Drive to Wildhorse Dr. Design Final Construction Plans to widen P.J. Adams Parkway from Ashley Drive to Wildhorse Drive from a two-lane to a four-lane roadway. The work shall include construction of turn lanes, traffic separators, sidewalks, bike lanes, storm water facilities, curb and gutter, and roadway signing and striping. Construct westbound left turn lane on P.J. Adams Parkway at Wildhorse Drive. Construct westbound right turn lane on P.J. Adams Parkway at Northview Drive. Construct eastbound left turn lane on P.J. Adams Parkway at Northview Drive. Construct eastbound right turn lane on PJ. Adams Parkway at Wildhorse Drive. Upgrade existing signalized intersection at P.J. Adams Parkway and Wildhorse Dr. Obtain required permits from all environmental and regulatory agencies. Updated 2/24/2014 Phase 4A ~ FPID: 421997-6-38-01 — Design & Permitting — From Wildhorse Dr. to SR 8 (I-10) e Design Final Construction Plans to widen P.J. Adams Parkway from Wildhorse Drive to SR 8 (I-10) from a two-lane to a four-lane roadway. The work shall include construction of turn lanes, traffic separators, sidewalks, bike lanes, storm water facilities, curb and gutter, and roadway signing and striping. * Construct westbound left turn lane on P.J. Adams Parkway at Cadle Drive. e Construct westbound left turn lane on P.J. Adams Parkway at Antioch Road. e Construct westbound left turn lane on P.J. Adams Parkway at Garrett Pit Road. e Construct eastbound left turn lane on P.J. Adams Parkway at Addison Place Apartments. e Obtain required permits from all environmental and regulatory agencies. The County shall issue through its procurement process a Request for Proposal (RFP) to solicit proposals from various firms to design, permit and acquire right-of-way for Phases 1-4 of the P.J. Adams Parkway/Western Bypass Widening Project in Okaloosa County, as outlined above. The contract award will be based on the highest ranking from the Board of County Commissioner’s approved Selection Committee. An electronic copy of the draft RFP prepared by the County shall be submitted to the District Three Planning Office for review and approval prior to advertisement and release of the RFP. With respect to the evaluation of each technical proposal submitted, the Selection Committee members will independently evaluate and score the Proposals. The County shall then announce the scores and ranking for each proposal. Updated 2/24/2014 Exhibit B SCHEDULE OF SERVICES P.J. Adams Parkway/Western Bypass Widening Project, Okaloosa County (Design: FPID’s 421997-3-38-01, 421997-4-38-01, 421997-5-38-01, 421997-6-38-01) (Right-of-Way: FPID’s: 421997-3-48-01, 421997-4-48-01) Estimated Project Production Schedule April 2014 Advertise Request for Proposals (RFP) May 2014 Pre-proposal Meeting July 2014 Board of County Commissioner Award / Issue Notice to Proceed January 2015 Begin Partial R/W Acquisition (Phase 1 and 2) June 2015 Complete Design and Permitting (Phase 1 through 4) January 2016 End R/W Acquisition / Project Closeout Updated 2/24/2014 Exhibit C SCHEDULE OF FUNDING P.J. Adams Parkway/Western Bypass Widening Project, Okaloosa County (Design: FPID’s 421997-3-38-01, 421997-4-38-01, 421997-5-38-01, 421997-6-38-01) (Right-of-Way: FPID’s: 421997-3-48-01, 421997-4-48-01) Estimated total cost as set forth in the DEPARTMENT'S adopted work program for this PROJECT is $4,400,000. The estimated COUNTY share of the PROJECT is $2,200,000. The County portion is to be supplied by donation of right of way. The estimated DEPARTMENT share of the PROJECT is $2,200,000. Updated 7/20/12 D. Exhibit D PROVISIONS FOR ADVANCED PAYMENTS (if Applicable) (Reference section 3.D in AGREEMENT) The DEPARTMENT agrees to pay an amount of $ which is equal to 15% of the DEPARTMENT'’s maximum participation of the estimate of the cost of the PROJECT. The advanced amount shall be paid to the COUNTY after execution of this AGREEMENT and within the fiscal year of the project funding in the DEPARTMENT'S Adopted Work Program as of the date of execution. The amount advanced after execution shall be applied toward latter months payments or at the completion of the PROJECT. The COUNTY will submit an invoice for the advance. Any unexpended funds remaining at the conclusion/termination of the AGREEMENT shall be returned to the DEPARTMENT within___ days of the completion/termination of the project 18 Updated 7/20/12 Exhibit E NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and the ( ), Florida PROJECT DISCRIPTION FINANCIAL MANAGEMENT I[D# In accordance with the Terms and Conditions of the AGREEMENT, the undersigned hereby provides notification that the work authorized by this Agreement is complete as of (COUNTY. , Florida) By: Name: Title: ENGINEER'S CERTIFICATION OF SUBSTANTIAL COMPLIANCE In accordance with the Terms and Conditions of the AGREEMENT, the undersigned hereby certifies that all work which originally required certification by a Professional Engineer has been completed in substantial compliance with the PROJECT construction plans and specifications. SEAL: By: , PLE. Name: Date: 19