Fort Walton Beach Resolution — 2010-21 - Wright Parkway Sidewalk, LAP — reading text

projects for which no right- of- way is required. 13. 10 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in accordance with applicable plans and specifications, is in place on the Agency' s facility, adequate title is in the Agency' s name, and the project is accepted by the Agency as suitable for the intended purpose. 13. 11 Agreement Format: 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. 13. 12 Execution of Agreement: This Agreement may be simultaneously executed in am inimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13. 13 Restrictions on Lobbying: Federal: The Agency agrees that no federally- appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010- 40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 02/ 09 Page 12 of Congress, an officer or em ployee of Congress or an em ployee of a Mem ber of Congress i n connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agr eement, and t he ex tension, continuation, renewal, am endment or modification of an y federal contract, grant, loan or cooperative agreement. If an y funds ot her than federally- appropriated funds have been pai d by t he Agency to an y person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form- LLL, " Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers ( including subcontracts, s ubgrants, and contracts under grants, loans, an d cooperative agr eements) and that a II subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13. 14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. 1ft he Agency constructs an y improvement on Department right- of-way, t he A gency ~ will 0 will not maintain the improvements made for their useful life. 13. 15 Vendors Rights: Vendors ( in this document identified as Agency) pr oviding goods an d services tot he 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 unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment ( voucher) to the Department of Financial Services. The 20 days are measured from t he I atter of the d ate the invoice is received or t he goods or services ar e received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in ac cordance with Section 2 15.422( 3)( b), Florida Statutes, will be du e and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $ 1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency 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. Department of Financial Services. The duties of this individual A Vendor Ombudsman has been established within the problems in obtaining timely payment( s) from the include acting as an advocate for Agencies who may be experiencing Department. The Vendor Ombudsman may be contacted at 850- 410- 9724 or by calling the State Comptroller' s Hotline, 1- 800- 848- 3792. 13. 16 Reimbursement of Federal Funds: If at any time a review The Agency shall comply with all applicable federal guidelines, procedures, and regulations. conducted by 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. Federal Economic Stimulus awards do not exempt the Agency from adherence to federal guidelines, procedures, and regulations.  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010- 40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 02/ 09 Page 13 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. STATE O~ PARTMENT OF TRA~ SPORTATION By: By: ~~ a e: ~ b~~ - r: M..Q~" "" ~ Name: Phillip Gainer, P. E. e r"\0.. "'- ... ~ ~ ..... Title: Director of Transportation Development t11; '\a.~ ' 1LW r-.::~~ l!, j D IlaW CJtj CLtJ!: Attest: ~ Attest: . Title: Title: (5y. y~ U ! As to form: As to form: tAa~' ~ uvM.~ Office of the General Counsel Attorney 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: 428097- 1- 38- 01 & 428097- 1- 58- 01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and the City of Fort Walton Beach. 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 project is for the Design and Construction of approximately 3,450 feet of sidewalk on Wright Parkway to fill gaps on both sides from U. S. 98 to Mary Esther Boulevard. 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 nu mber, the FinancialProject Number ( FPN), the Federal Authorization Number ( F AN), 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 is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right- of-way activities. 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, 2011. b) Construction to be completed by December 31, 2013. 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. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Cultural Resource Assessment Survey ( including coordination with the State Historic P reservation Officer) and all documentation nec essary to support t he en vironmental C lass of Action Determination will bet he responsibility of the Department. The Department will reimburse the Agency for the eligible costs directly related to the Design, Construction and Construction Engineering & Inspection ( CEI) not to exceed $ 180, 060.  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010- 40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 08/ 06 Page15 EXHIBIT " B" SCHEDULE OF FUNDING AGENCY NAME & BilLING ADDRESS FPN: 428097- 1- 38- 01 & 428097 -1- 58- 01 City of Fort Walton Beach P. O. Box 4009 Fort Walton Beach, FL 32549