Fort Walton Beach Resolution — 2023-18 Accepting Grant Funding Coral Creek Nature Trail — reading text

contract, or ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient' s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient' s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department' s right- of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection ( CEI) services. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant for the design phase of the Project using the Recipient' s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not limited to, 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 DocuSign Envelope ID: 4F3C11D1- 19B6- 409B- 9FC5- 798AB66C3206 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010- 60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09122 plans for compliance with all applicable standards of the Department, as provided in Exhibit " O", Terms 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 final bid documents to the Department' s Construction Project Manager prior to commencing construction of the Project. The 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 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 DocuSign Envelope ID: 4F3C11D1- 19B6- 409B- 9FC5- 798AB66C3206 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010. 60 PROGRAM MANAGEMENT STATE -FUNDED GRANT AGREEMENT 09122 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 (DFS) 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: 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 for-profit organizations), Rules of the Auditor General. Exhibit " J", State Financial Assistance 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