Fort Walton Beach Resolution — 2021-08--Funding for SR 189 Traffic Analysis — reading text

the applicable provisions of the Manual of Uniform Traffic Control Devices ( MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. If any portion of the Project will be located on, under, or over any Department-owned right-of-way, the Department shall review the Project' s design Page 6 of 14  525- 010-60 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT STATE- FUNDED GRANT AGREEMENT 10/ 2020 Department, as provided in Exhibit " 0", Terms plans for compliance with all applicable standards of the and Conditions of Construction, which is attached to and incorporated into this Agreement. f. The Recipient shall adhere to the Department' s Conflict of Interest Procedure ( FDOT Topic No. 375- 030- 006). g. The Recipient will provide copies of the final design plans and specifications and finalofbidthe documents construction Project. toThe the Department' s Construction Project Manager prior to commencing Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient' s contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit " C", Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as- built plans of any portions of the Project funded through the Agreement prior to final inspection. 11. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right- of-way, the Recipient shall D shall not maintain the improvements located on the Department right- of-way made for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit " D". This provision will survive termination of this Agreement. 12. State Single Audit: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/ or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215. 97, Florida Statutes, monitoring procedures to monitor the Recipient' s use of state financial assistance may include but not be limited to on- site visits by Department staff and/ or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and Page 7 of 14  525- 010-60 TRANSPORTATION STATE OF FLORIDA DEPARTMENT OF PROGRAM STATE- FUNDED GRANT AGREEMENT MANAGEMENTD/ 0 cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services( DES) or the Auditor General. b. The Recipient, a nonstate entity as defined by Section 215. 97( 2)( n), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: i. In the event the Recipient meets the audit threshold requirements established by Section 215. 97, Florida Statutes, the Recipient must have a State single or project-specific audit conducted for such fiscal year in accordance with Section 215. 97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10. 550 ( local governmental entities) or 10. 650 ( nonprofit and J", State Financial Assistance for- profit organizations), Rules of the Auditor General. Exhibit " Florida Single Audit Act) to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215. 97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215. 97( 8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215. 97( 2)( e), Florida Statutes, and Chapters 10. 550( local Rules of the Auditor governmental entities) or 10. 650 ( nonprofit and for- profit organizations), General. iii. In the event the Recipient does not meet the audit threshold requirements established by Section 215. 97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit requirements of Section 215. 97, Florida Statutes. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot. state.fl. us no later than nine months after the end of the Recipient' s audit period for each applicable audit year. In the event the Recipient does not meet the audit threshold requirements established by Section 215. 97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215. 97, Florida Statutes, the cost of the audit must be paid from the Recipient' s resources ( i. e., the cost of such an audit must be paid from the Recipient' s resources obtained from other than State entities). iv. In accordance with Chapters 10. 550( local governmental entities) or 10. 650( nonprofit and for- profit organizations),Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399- 0405 Email: FDOTSingleAudit(a dot. state.fl. us And State of Florida Auditor General Local Government Audits/ 342 111 West Madison Street, Room 401 Tallahassee, FL 32399- 1450 Email: