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

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