Okaloosa County BOCC — May 17, 2016 — FDOT LAP Agreement 433572-2 — reading text

breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. D. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. E. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. F. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. G. In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. H. Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. I. 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. J. 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 of Congress, an officer or employee of Congress or an employee of a Member of Congress in 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 agreement, and the extension,  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC– 08/15 Page 13 of 15 continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any 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, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. K. The Agency may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project. L. The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency will will not maintain the improvements made for their useful life. M. The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. N. The Agency: 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 Agency during the term of the contract; and ii. shall expressly require any contractor and 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. O. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. P. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. Q. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. R. Exhibits i. Exhibit “A”, Project Description and Responsibilities, is attached and incorporated into this Agreement. ii. Exhibit “B”, Schedule of Funding, is attached and incorporated into this Agreement. iii. If this Project includes Phase 58 (construction) activities, then Exhibit “C”, FHWA FORM 1273, is attached and incorporated into this Agreement.  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC– 08/15 Page 14 of 15 iv. An Alternative Pay Method is used on this Project. If an alternative Pay Method is used on this Project, then Exhibit “D”, Alternative Pay Method, is attached and incorporated into this Agreement. v. Exhibit “E”, Title VI Assurances is attached and incorporated into this Agreement. vi. Exhibit “F”, the Agency Resolution authorizing entry into this Agreement, is attached and incorporated into this Agreement. vii. State Funds are used on this Project. If State Funds are used on this Project, then Exhibit “G”, State Funds Addendum, is attached and incorporated into this Agreement. viii. This Project is located off the State Highway System and includes funding for landscaping. If this Project is located off the State Highway System and includes funding for landscaping, then Exhibit “L”is attached and incorporated into this Agreement. ix. This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit “R” is attached and incorporated into this Agreement. x. This Project includes funding for a roadway lighting system. If the Project includes funding for roadway lighting system, Exhibit “RL” is attached and incorporated into this Agreement. xi. This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes funding for traffic signals and/or traffic signals systems, Exhibit “T” is attached and incorporated into this Agreement. xii. Exhibit “1”, Federal Financial Assistance (Single Audit Act) is attached and incorporated into this Agreement. xiii. State Funds are used on this Project. If State Funds are used on this Project, then Exhibit “2”, State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement. The remainder of this page intentionally left blank.  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC - 08/15 Page 1 of 2 EXHIBIT “A” PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 433572-1-58-01 & 433572-1-68-01 This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of Transportation and Okaloosa County Board of County Commissioners PROJECT LOCATION: The project is on the National Highway System. The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 1.271 Miles PROJECT DESCRIPTION: The construction of a sidewalk along the Rocky Bayou from Forest Road to Huntington Circle. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department’s contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency 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 not begin until a Notice to Proceed has