HomeMy WebLinkAbout2024 05 06 Regular 502 Winding Hollow Blvd. - LAP/LFA/Three Party AgreementREGULAR AGENDA ITEM 502
CITY COMMISSION AGENDA | MAY 6, 2024 REGULAR MEETING
TITLE
Winding Hollow Blvd. - LAP/LFA/Three Party Agreements
SUMMARY
The attached FDOT agreements are requires execution by the City in order to move
forward on the procurement of the proposed right turn lane at Winding Hollow
Boulevard. These standard agreements were reviewed by the City Attorney with no
edits. This project is a Local Area Participation project wherein the City was able
acquire 100% from the Metropolitan Planning Organization (MPO) equal to $1,155,117.
The FDOT requires that the City provide supplemental funding $46,818 in escrow in
the event there is a shortfall in the overall project funding. Unused supplemental
funding will be released back to the City at the completion of the project.
FUNDING SOURCE
Escrow funding will be provided by the Third Generation Sales Tax.
RECOMMENDATION
Staff seeks approval from the Commission of the Local Area Participation Agreement
(LAP), the Local Funding Agreement (LAF) and the Three-Party Escrow Agreement for
the proposed turn lane improvements on eastbound State Road 434 onto Winding
Hollow Boulevard.
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RESOLUTION NO. 2024-09
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA APPROVING
THE LOCAL AGENCY PROGRAM AGREEMENT, FPN
432642-1-58-01 FOR THE STATE ROAD 434 AT WINDING
HOLLOW BOULEVARD PROJECT WITH THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the State of Florida Department of Transportation and the City of Winter
Springs desire to facilitate the State Road 434 At Winding Hollow Boulevard Project; and
WHEREAS, the State of Florida Department of Transportation has requested the City of
Winter Springs to execute and deliver to the State of Florida Department of Transportation the Local
Agency Program Agreement for the aforementioned project, FPN 432642-1-58-01; and
WHEREAS, the City Commission deems that this Resolutions in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and
correct and are hereby fully incorporated herein by reference.
Section 2. Approval of Agreement. The City Commission of the City of Winter
Springs hereby approves the Local Agency Program Agreement and any Supplemental Agreements
to the Local Agency Program Agreement for the aforementioned project, Financial Project Number
(FPN) 432642-1-58-01.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a
separate, distinct, and independent provision, and such holding shall not affect the validity of the
remaining portions of this Resolution.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts
of resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Effective Date. This Resolution shall become effective immediately upon
its adoption by the City Commission of the City of Winter Springs, Florida.
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ADOPTED by the City Commission of the City of Winter Springs, Florida, in a meeting
assembled on this 6 th day of May, 2024.
RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting
assembled on the 6th day of May, 2024.
CITY OF WINTER SPRINGS, FLORIDA
KEVIN MCCANN, MAYOR
ATTEST:
CHRISTIAN GOWAN, CITY CLERK
Approved as to legal form and sufficiency for
The City of Winter Springs only:
ANTHONY A. GARGANESE, CITY ATTORNEY
City of Winter Springs
Resolution No. 2024-09
Page 2 of 2
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROGRAM MANAGEMENT
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FPN: 432642-1-58-01 FPN: FPN:
Federal No (FAIN): D519 083 B Federal No (FAIN): Federal No (FAIN):
Federal Award Date: Federal Award Date: Federal Award Date:
Fund: ACSU / SU Fund: Fund:
Org Code: 55054010508 Org Code: Org Code:
FLAIR Approp: 088716 FLAIR Approp: FLAIR Approp:
FLAIR Obj: 780000 FLAIR Obj: FLAIR Obj:
County No: 77 Contract No:
Recipient Vendor No: F591026364005 Recipient Unique Entity ID (UEI) No: MVLQL9BMR2C6
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS LOCAL AGENCY PROGRAM AGREEMENT (“Agreement”), is entered into on
, by and between the State of Florida Department of Transportation, an agency
(This date to be entered by DOT only)
of the State of Florida (“Department”), and the City of Winter Springs (“Recipient”).
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties
agree to the following:
1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 339.12, Florida
Statutes. The Recipient by Resolution or other form of official authorization, a copy of which is attached as
Exhibit “D” and made a part of this Agreement, has authorized its officers to execute this Agreement on its
behalf.
2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department’s participation in the
State Road 434 at Winding Hollow Boulevard project, as further described in Exhibit "A", Project Description
and Responsibilities attached to and incorporated in this Agreement (“Project”), to provide Department financial
assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and
to set forth the manner in which the Project will be undertaken and completed.
3. Term of Agreement: The Recipient agrees to complete the Project on or before November 30, 2025. If the
Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the
scheduled completion as provided in this paragraph unless an extension of the time period is requested by the
Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this
Agreement will be considered termination of the Project. The cost of any work performed after the term of this
Agreement will not be reimbursed by the Department.
4. Project Cost:
a. The estimated cost of the Project is $ 1,155,117.00 (One Million One Hundred Fifty-Five Thousand One
Hundred Seventeen Dollars and No/100). This amount is based upon the Schedule of Financial Assistance
in Exhibit "B", attached to and incorporated in this Agreement. Exhibit “B” may be modified by mutual
execution of an amendment as provided for in paragraph 5.i.
b. The Department agrees to participate in the Project cost up to the maximum amount of $1,155,117.00 (One
Million One Hundred Fifty-Five Thousand One Hundred Seventeen Dollars and No/100) and as more fully
described in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount
of Federal-aid participation. The Department’s participation may be increased or reduced upon
determination of the actual bid amounts of the Project by the mutual execution of an amendment. The
Recipient agrees to bear all expenses in excess of the total cost of the Project and any deficits incurred in
connection with the completion of the Project.
c. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It
is understood that Department participation in eligible Project costs is subject to:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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i. Legislative approval of the Department's appropriation request in the work program year that the
Project is scheduled to be committed;
ii. Availability of funds as stated in paragraphs 5.l. and 5.m. of this Agreement;
iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of
this Agreement; and
iv. Department approval of the Project scope and budget at the time appropriation authority becomes
available.
5. Requisitions and Payments
a. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable
must specify the required minimum level of service to be performed and the criteria for evaluating successful
completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described
more fully in Exhibit “A”.
b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre-audit and post-audit based
on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit “A”.
Deliverables must be received and accepted in writing by the Department’s Project Manager prior to
payments. Requests for reimbursement by the Recipient shall include an invoice, progress report and
supporting documentation for the period of services being billed that are acceptable to the Department.
The Recipient shall use the format for the invoice and progress report that is approved by the
Department.
c. The Recipient shall charge to the Project account all eligible costs of the Project except costs agreed to be
borne by the Recipient or its contractors and subcontractors. Costs in excess of the programmed funding
or attributable to actions which have not received the required approval of the Department shall not be
considered eligible costs. All costs charged to the Project, including any approved services contributed by
the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts
or vouchers evidencing in proper detail the nature and propriety of the charges.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by
the Recipient and must also establish that the required minimum level of service to be performed based on
the criteria for evaluating successful completion as specified in Exhibit “A” was met. All costs invoiced
shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing
in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment
Requirements.
e. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida
Statutes and the most current version of the Disbursement Handbook for Employees and Managers.
f. Payment shall be made only after receipt and approval of goods and services unless advance payments
are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida
Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
If this box is selected, advance payment is authorized for this Agreement and Exhibit “H”,
Alternative Advance Payment Financial Provisions is attached and incorporated into this
Agreement.
If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall
notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to
be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department,
provide the Department with a corrective action plan describing how the Recipient will address all issues of
contract non-performance, unacceptable performance, failure to meet the minimum performance levels,
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
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deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the
Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will
not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the
Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If
the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s
term.
g. Agencies providing goods and services to the Department should be aware of the following time frames.
Inspection and approval of goods or services shall take no longer than 20 days from the Department’s
receipt of the invoice. 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 Recipient.
Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment.
Invoices that have to be returned to an Recipient because of Recipient 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 Agencies who may be experiencing problems in obtaining
timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.
h. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are
tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and
made 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 include the Recipient's general accounting records
and the project records, together with supporting documents and records, of the contractor and all
subcontractors performing work on the project, and all other records of the Contractor and subcontractors
considered necessary by the Department for a proper audit of costs.
i. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipient
and approved by the Department. The Recipient shall maintain said schedule of funding, carry out the
Project, and shall incur obligations against and make disbursements of Project funds only in conformity with
the latest approved schedule of funding for the Project. The schedule of funding may be revised by
execution of a Local Agency Program (“LAP”) Supplemental Agreement between the Department and the
Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon
determination of the Recipient’s contract award amount.
j. If, after Project completion, any claim is made by the Department resulting from an audit or for work or
services performed pursuant to this Agreement, the Department may offset such amount from payments
due for work or services done under any agreement which it has with the Recipient owing such amount if,
upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount
pursuant to this paragraph shall not be considered a breach of contract by the Department.
k. The Recipient must submit the final invoice on the Project to the Department within 120 days after the
completion of the Project. Invoices submitted after the 120-day time period may not be paid.
l. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds
approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred.
See Exhibit “B” for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not
eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the
Recipient, in writing, when funds are available.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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m. 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), Florida Statutes, are hereby 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 shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory 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 and which have a term for a period of more
than 1 year."
6. Department Payment Obligations:
Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient
pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect
by notice in writing not to make a payment if:
a. The Recipient shall have made misrepresentation of a material nature in its application, or any supplement or
amendment to its application, or with respect to any document or data furnished with its application or pursuant to
this Agreement;
b. There is any pending litigation with respect to the performance by the Recipient of any of its duties or obligations
which may jeopardize or adversely affect the Project, the Agreement or payments to the Project;
c. The Recipient shall have taken any action pertaining to the Project which, under this Agreement, requires the
approval of the Department or has made a related expenditure or incurred related obligations without having been
advised by the Department that same are approved;
d. There has been any violation of the conflict of interest provisions contained in paragraph 14.f.; or
e. The Recipient has been determined by the Department to be in default under any of the provisions of the Agreement.
The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration
(“FHWA”), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid.
In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to
the Department’s issuance of a Notice to Proceed (“NTP”), costs incurred after the expiration of the Agreement, costs which
are not provided for in the latest approved schedule of funding in Exhibit “B” for the Project, costs agreed to be borne by
the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines,
and costs attributable to goods or services received under a contract or other arrangements which have not been approved
in writing by the Department.
7. General Requirements:
The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in
accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed in accordance with
all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's
Local Agency Program Manual (FDOT Topic No. 525-010-300), which by this reference is made a part of this Agreement.
Time is of the essence as to each and every obligation under this Agreement.
a. A full time employee of the Recipient, qualified to ensure that the work being pursued is complete, accurate,
and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible
charge of the Project, which employee should be able to perform the following duties and functions:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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i. Administers inherently governmental project activities, including those dealing with cost, time,
adherence to contract requirements, construction quality and scope of Federal-aid projects;
ii. Maintains familiarity of day to day Project operations, including Project safety issues;
iii. Makes or participates in decisions about changed conditions or scope changes that require
change orders or supplemental agreements;
iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and
complexity of the Project;
v. Reviews financial processes, transactions and documentation to ensure that safeguards are in
place to minimize fraud, waste, and abuse;
vi. Directs Project staff, agency or consultant, to carry out Project administration and contract
oversight, including proper documentation;
vii. Is aware of the qualifications, assignments and on-the-job performance of the Recipient and
consultant staff at all stages of the Project.
b. Once the Department issues the NTP for the Project, the Recipient shall be obligated to submit an invoice
or other request for reimbursement to the Department no less than once every 90 days (quarterly),
beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the
Department, and in the event the failure to timely submit invoices to the Department results in the FHWA
removing any unbilled funding or the loss of state appropriation authority (which may include the loss of
state and federal funds, if there are state funds programmed to the Project), then the Recipient will be solely
responsible to provide all funds necessary to complete the Project and the Department will not be obligated
to provide any additional funding for the Project. The Recipient waives the right to contest such removal of
funds by the Department, if the removal is related to FHWA’s withdrawal of funds or if the removal is related
to the loss of state appropriation authority. In addition to the loss of funding for the Project, the Department
will also consider the de-certification of the Recipient for future LAP Projects. No cost may be incurred
under this Agreement until after the Recipient has received a written NTP from the Department. The
Recipient agrees to advertise or put the Project out to bid thirty (30) days from the date the Department
issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement,
the Department District LAP Administrator should be notified as soon as possible.
c. If all funds are removed from the Project, including amounts previously billed to the Department and
reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will
have to request repayment for the previously billed amounts from the Recipient. No state funds can be
used on off-system projects, unless authorized pursuant to Exhibit “I”, State Funds Addendum, which will
be attached to and incorporated in this Agreement in the event state funds are used on the Project.
d. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is
required under applicable law to enable the Recipient to enter into this Agreement or to undertake the
Project or to observe, assume or carry out any of the provisions of the Agreement, the Recipient will initiate
and consummate, as provided by law, all actions necessary with respect to any such matters.
e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal-aid
requirements, to enable the Recipient to provide the necessary funds for completion of the Project.
f. The Recipient shall submit to the Department such data, reports, records, contracts, and other documents
relating to the Project as the Department and FHWA may require. The Recipient shall make such
submissions using Department-designated information systems.
g. Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal
and state laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and
procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
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of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount
claimed is not eligible, federal participation may be approved in the amount determined to be adequately
supported and the Department shall notify the Recipient in writing citing the reasons why items and amounts
are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA
requirements exists federal funds may be withheld until compliance is obtained. Where non-compliance is
not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in
total. For any amounts determined to be ineligible for federal reimbursement for which the Department has
advanced payment, the Recipient shall promptly reimburse the Department for all such amounts within 90
days of written notice.
h. For any project requiring additional right-of-way, the Recipient must submit to the Department an annual
report of its real property acquisition and relocation assistance activities on the project. Activities shall be
reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared
using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later
than October 15 of each year.
8. Audit Reports:
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 federal awards or limit the authority of any state
agency inspector general, the State of Florida 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 2 CFR Part 200, Subpart F – Audit Requirements,
monitoring procedures 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 federal awards
provided through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to
comply and 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, State of Florida Chief Financial Officer (“CFO”), or State of Florida Auditor General.
b. The Recipient, a non-federal entity as defined by 2 CFR Part 200, as a subrecipient of a federal award awarded by
the Department through this Agreement is subject to the following requirements:
i. In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold
established by 2 CFR Part 200, Subpart F – Audit Requirements, the Recipient must have a federal single or
program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200,
Subpart F – Audit Requirements. Exhibit “E” to this Agreement provides the required federal award
identification information needed by the Recipient to further comply with the requirements of 2 CFR Part 200,
Subpart F – Audit Requirements. In determining federal awards expended in a fiscal year, the Recipient must
consider all sources of federal awards based on when the activity related to the federal award occurs, including
the federal award provided through the Department by this Agreement. The determination of amounts of federal
awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F –
Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the
provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part.
ii. In connection with the audit requirements, the Recipient shall fulfill the requirements relative to the auditee
responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
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iii. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit
Requirements, in federal awards, the Recipient is exempt from federal audit requirements for that fiscal year.
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 expends less than the threshold established by 2 CFR
Part 200, Subpart F – Audit Requirements, in federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of
the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the
Recipient’s resources obtained from other than federal entities).
iv. The Recipient must electronically submit to the Federal Audit Clearinghouse (“FAC”) at
https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F –
Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months
after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200,
Subpart F – Audit Requirements, and this Agreement. However, the Department requires a copy of the audit
reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days
after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part
200, Subpart F – Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will review the Recipient’s audit
reporting package, including corrective action plans and management letters, to the extent necessary to
determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal
award provided through the Department by this Agreement. If the Recipient fails to have an audit conducted in
accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional
conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied
by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which
actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by the Recipient
or more severe enforcement action by the Department;
2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and
federal awarding agency regulations (or in the case of the Department, recommend such a
proceeding be initiated by the federal awarding agency);
5. Withhold further federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this federal award, the Recipient shall permit the Department or its designee, the
CFO, or State of Florida Auditor General access to the Recipient’s records including financial statements, the
independent auditor’s working papers, and project records as necessary. Records related to unresolved audit
findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.
vii. The Department’s contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAudit@dot.state.fl.us
c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
of five years from the date the audit report is issued and shall allow the Department or its designee, the CFO, or State
of Florida Auditor General access to such records upon request. The Recipient shall ensure that the audit working
papers are made available to the Department or its designee, the CFO, or State of Florida Auditor General upon
request for a period of five years from the date the audit report is issued, unless extended in writing by the Department.
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9. Termination or Suspension of Project:
The Department may, by written notice to the Recipient, suspend any or all of the Department’s obligations under this
Agreement for the Recipient’s failure to comply with applicable law or the terms of this Agreement until such time as the
event or condition resulting in such suspension has ceased or been corrected.
a. If the Department intends to terminate the Agreement, the Department shall notify the Recipient of such
termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to
the effective date of termination or specify the stage of work at which the Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce
beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree
upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that
work satisfactorily performed for which costs can be substantiated. Such payment, however, may not
exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the
Project is located on the Department’s right-of-way, then all work in progress on the Department right-of-
way will become the property of the Department and will be turned over promptly by the Recipient.
d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the
Recipient shall promptly refund in full to the Department within thirty (30) days of the termination of the
Agreement any funds that were determined by the Department to have been expended in violation of the
Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to
comply with the Public Records provisions of Chapter 119, Florida Statutes.
10. Contracts of the Recipient:
a. Except as otherwise authorized in writing by the Department, the Recipient shall not execute any contract
or obligate itself in any manner requiring the disbursement of Department funds, including consultant or
construction contracts or amendments thereto, with any third party with respect to the Project without the
written approval of the Department. Failure to obtain such approval shall be sufficient cause for
nonpayment by the Department. The Department specifically reserves the right to review the qualifications
of any consultant or contractor and to approve or disapprove the employment of such consultant or
contractor.
b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project
with the Recipient, where said project involves a consultant contract for engineering, architecture or
surveying services, is contingent on the Recipient’s complying in full with provisions of Section 287.055,
Florida Statutes, Consultants’ Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23
U.S.C. 112. At the discretion of the Department, the Recipient will involve the Department in the consultant
selection process for all projects funded under this Agreement. In all cases, the Recipient shall certify to
the Department that selection has been accomplished in compliance with the Consultants’ Competitive
Negotiation Act and the federal Brooks Act.
c. The Recipient shall comply with, and require its consultants and contractors to comply with applicable
federal law pertaining to the use of Federal-aid funds. The Recipient shall comply with the provisions in the
FHWA-1273 form as set forth in Exhibit “G”, FHWA 1273 attached to and incorporated in this Agreement.
The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project.
d. The Recipient shall require its consultants and contractors to take emergency steps to close any public
road whenever there is a risk to life, health and safety of the travelling public. The safety of the travelling
public is the Department’s first priority for the Recipient. If lane or road closures are required by the LA to
ensure the life, health, and safety of the travelling public, the LA must notify the District Construction
Engineer and District Traffic Operations Engineer immediately once the travelling public are not at imminent
risk. The Department expects professional engineering judgment be applied in all aspects of locally
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delivered projects. Defect management and supervision of LAP project structures components must be
proactively managed, monitored, and inspected by department prequalified structures engineer(s). The
District Construction Engineer must be notified immediately of defect monitoring that occurs in LAP project
construction, whether or not the defects are considered an imminent risk to life, health, or safety of the
travelling public. When defects, including but not limited to, structural cracks, are initially detected during
bridge construction, the engineer of record, construction engineering inspector, design-build firm, or local
agency that owns or is responsible for the bridge construction has the authority to immediately close the
bridge to construction personnel and close the road underneath. The LA shall also ensure compliance with
the CPAM, Section 9.1.8 regarding actions for maintenance of traffic and safety concerns.
11. Disadvantaged Business Enterprise (DBE) Policy and Obligation:
It is the policy of the Department that DBE’s, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The
DBE requirements of applicable federal and state laws and regulations apply to this Agreement.
The Recipient and its contractors agree to ensure that DBE’s have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE’s have the opportunity to compete for and perform
contracts. The Recipient and its contractors and subcontractors shall not discriminate on the basis of race, color, national
origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
12.Compliance with Conditions and Laws:
The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this
Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement
constitutes a certification that the Recipient is in compliance with, and will require its contractors and subcontractors to
comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the
“Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions,”
in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable.
13. Performance Evaluations:
Recipients are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and
provide input for the recertification process. Evaluations are submitted to the Recipient’s person in responsible charge or
designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than
30 days after final acceptance.
a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the
Recipient failed to develop the Project in accordance with applicable federal and state regulations,
standards and procedures, required excessive District involvement/oversight, or the Project was brought
in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the
Project in accordance with applicable federal and state regulations, standards and procedures, with minimal
District involvement/oversight. A rating of Above Satisfactory Performance means the Recipient developed
the Project in accordance with applicable federal and state regulations, standards and procedures, and the
Department did not have to exceed the minimum oversight and monitoring requirements identified for the
project.
b. The District will determine which functions can be further delegated to Recipients that continuously earn
Satisfactory and Above Satisfactory evaluations.
14. Restrictions, Prohibitions, Controls, and Labor Provisions:
During the performance of this Agreement, the Recipient agrees as follows, and agrees to require its contractors and
subcontractors to include in each subcontract the following provisions:
a. The Recipient will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the
regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Recipient
pursuant thereto. The Recipient shall include the attached Exhibit “C”, Title VI Assurances in all contracts
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with consultants and contractors performing work on the Project that ensure compliance with Title VI of the
Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal
Government issued thereunder, and assurance by the Recipient pursuant thereto.
c. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
d. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid
on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity.
e. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further
been determined by the Department to be a non-responsible contractor may not submit a bid or perform
work for the construction or repair of a public building or public work on a contract with the Recipient.
f. Neither the Recipient nor any of its contractors or their subcontractors shall enter into any contract,
subcontract or arrangement in connection with the Project or any property included or planned to be
included in the Project in which any member, officer or employee of the Recipient or the locality during
tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member,
officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest,
and if such interest is immediately disclosed to the Recipient, the Recipient, with prior approval of the
Department, may waive the prohibition contained in this paragraph provided that any such present member,
officer or employee shall not participate in any action by the Recipient or the locality relating to such
contract, subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection
with the Project or any property included or planned to be included in any Project, and shall require its
contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its
fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a
governmental agency.
g. No member or delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or any benefit arising therefrom.
15. Indemnification and Insurance:
a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the
provisions of any part of this Agreement to create in the public or any member thereof, a third-party
beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit
for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The
Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just
claims against the Recipient or any subcontractor, in connection with this Agreement.
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b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against
any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of
Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment,
in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the
limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver
of the Department’s or Recipient’s sovereign immunity beyond the limits set forth in Florida Statutes,
Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the
Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for
the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third
parties in any manner arising out of this Agreement. This indemnification shall survive the termination of
this Agreement.
c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors,
consultants, or subconsultants (each referred to as “Entity” for the purposes of the below indemnification)
who perform work in connection with this Agreement:
“To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the
[RECIPIENT] and the State of Florida, Department of Transportation, including the Department’s
officers, agents, and employees, against any actions, claims, or damages arising out of, relating
to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or
employees, acting within the scope of their office or employment, in connection with the rights
granted to or exercised by [ENTITY].
The foregoing indemnification shall not constitute a waiver of the Department’s or [RECIPIENT’]’s
sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the
same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the
negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor
shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for
the negligent acts or omissions of the Department, its officers, agents, or employees, or third
parties. This indemnification shall survive the termination of this Agreement.”
d. The Recipient shall, or cause its contractor or consultant to carry and keep in force, during the term of this
Agreement, a general liability insurance policy or policies with a company or companies authorized to do
business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000
per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each
occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also,
or cause its contractor or consultant to carry and keep in force Workers’ Compensation Insurance as
required by the State of Florida under the Workers’ Compensation Law. With respect to any general liability
insurance policy required pursuant to this Agreement, all such policies shall be issued by companies
licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates
showing the required coverage to be in effect with endorsements showing the Department to be an
additional insured prior to commencing any work under this Agreement. Policies that include Self Insured
Retention will not be accepted. The certificates and policies shall provide that in the event of any material
change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall
be given to the Department or as provided in accordance with Florida law.
16. 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 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
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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.
17. Miscellaneous Provisions:
a. The Recipient will be solely responsible for compliance with all applicable environmental regulations, for
any liability arising from non-compliance with these regulations, and will reimburse the Department for any
loss incurred in connection therewith. The Recipient will be responsible for securing any applicable permits.
The Recipient shall include in all contracts and subcontracts for amounts in excess of $150,000, a provision
requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387).
b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this
Agreement.
c. In no event shall the making by the Department of any payment to the Recipient constitute or be construed
as a waiver by the Department of any breach of covenant or any default which may then exist on the part
of the Recipient and the making of such payment by the Department, while any such 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 Recipient 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 Recipient 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 Recipient will at once notify the Department in writing
in order that appropriate changes and modifications may be made by the Department and the Recipient to
the end that the Recipient may proceed as soon as possible with the Project.
g. In the event that this Agreement involves constructing and equipping of facilities, the Recipient 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 Recipient 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 Recipient 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 Recipient 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 Recipient 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 Recipient’s facility, adequate title is in the
Recipient’s name, and the Project is accepted by the Recipient as suitable for the intended purpose.
j. The Recipient agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf
of the Recipient, 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
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making of any federal loan, the entering into of any cooperative agreement, and the extension, 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 Recipient 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 Recipient 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 Recipient may not permit the Engineer of Record to perform Construction, Engineering and Inspection
services on the Project.
l.The Recipient 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 Recipient and FHWA requires reimbursement of the
funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the
terms of this Agreement.
m. The Recipient shall:
i. utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment
eligibility of all new employees hired by Recipient during the term of the contract; and
ii. 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.
n. 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.
o. 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.
p. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and the cost
of the Project is to be paid from state-appropriated funds, then the Recipient must comply with the
requirements of Section 255.0991, Florida Statutes.
18. Exhibits:
a. Exhibits “A”, “B”, “C”, “D”, “E” and “F” are attached to and incorporated into this Agreement.
b. If this Project includes Phase 58 (construction) activities, then Exhibit “G”, FHWA FORM 1273, is
attached and incorporated into this Agreement.
c. Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method
is used on this Project, then Exhibit “H”, Alternative Advance Payment Financial Provisions, is attached
and incorporated into this Agreement.
d. State funds are used on this Project. If state funds are used on this Project, then Exhibit “I”, State
Funds Addendum, is attached and incorporated into this Agreement. Exhibit “J”, State Financial
Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement.
e. This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project
Reimbursement, then Exhibit “K”,Advance Project Reimbursement is attached and incorporated into this
Agreement.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
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f. This Project includes funding for landscaping. If this Project includes funding for landscaping, then
Exhibit “L”, Landscape Maintenance, is attached and incorporated into this Agreement.
g. This Project includes funding for a roadway lighting system. If the Project includes funding for roadway
lighting system, Exhibit “M”,Roadway Lighting Maintenance is attached and incorporated into this
Agreement.
h. 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 “N”,Traffic Signal Maintenance is attached
and incorporated into this Agreement.
i. A portion or all of the Project will utilize Department right-of-way and, therefore, Exhibit “O”, Terms and
Conditions of Construction in Department Right-of-Way, is attached and incorporated into this Agreement.
j. The following Exhibit(s) are attached and incorporated into this Agreement: N/A.
k. Exhibit and Attachment List
Exhibit A: Project Description and Responsibilities
Exhibit B: Schedule of Financial Assistance
Exhibit C: Title VI Assurances
Exhibit D: Recipient Resolution
Exhibit E: Federal Financial Assistance (Single Audit Act)
Exhibit F: Contract Payment Requirements
* Exhibit G: FHWA Form 1273
* Exhibit H: Alternative Advance Payment Financial Provisions
* Exhibit I: State Funds Addendum
* Exhibit J: State Financial Assistance (Florida Single Audit Act)
* Exhibit K: Advance Project Reimbursement
* Exhibit L: Landscape Maintenance
* Exhibit M: Roadway Lighting Maintenance
* Exhibit N: Traffic Signal Maintenance
* Exhibit O: Terms and Conditions of Construction in Department Right-of-Way
* Additional Exhibit(s): N/A.
* Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above.
RECIPIENT CITY OF WINTER SPRINGS STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By: By:
Name: Name: C. Jack Adkins
Title: Title: Director of Transportation Development
Legal Review:
___________________________________________________
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Alt Form 525-010-40A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0A
PROGRAM MANAGEMENT
05/21
EXHIBIT A
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 432642-1-58-01
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
the City of Winter Springs (the Recipient)
PROJECT LOCATION:
The project is on the National Highway System.
The project is on the State Highway System.
PROJECT LENGTH AND MILE POST LIMITS: See Project Description Below
PROJECT DESCRIPTION:
The State Road 434 at Winding Hollow Boulevard project is with the City of Winter Springs (Recipient). The scope of the
project is to construct an eastbound right turn deceleration lane on State Road 434 at Winding Hollow Blvd. Total length of
the project is approximately 0.13 miles.
Improvements include removal and replacement of drainage inlets and pipes, sidewalk reconstruction, curb & gutter,
stabilization, detectable warning surfaces, milling and resurfacing, removal of existing concrete, reinforcement grid for soil
stabilization, manhole adjustment, underdrain, and utility relocations. The existing water main utility conflicts with proposed
drainage improvements (inlet and pipe) and therefore it is proposed to be relocated as part of the project. Other construction
elements include mobilization, maintenance of traffic, erosion control, clearing and grubbing, pavement marking, regular
excavation, embankment, fencing and sod.
The proposed improvements at the intersection of State Road 434 and Winding Hollow Boulevard also include removing
and replacing the mast arm and signal heads on the southwest corner and associated signal improvements at the
intersection including pull and splice boxes, conduits, pedestrian detector system, internally illuminated sign relocation,
signal cable replacement, fiber optic relocation from aerial to underground, loop assemblies, traffic controller modification,
signal priority and preemption relocation.
All pedestrian facilities shall adhere to current Americans with Disabilities Act (ADA) standards. Utility coordination will be
required during construction and utility work schedules have been developed. The City (Recipient) has received permit from
the St. Johns Water Management District. Right-of-way acquisition is complete. The City (Recipient) shall construct the
project within the limits of the existing right-of-way or easements.
SPECIAL CONSIDERATIONS BY RECIPIENT:
Exhibit O – Terms and Conditions of Construction in Department Right-of-Way is included in all agreements. This exhibit
is only applicable if the Project involves construction on, under, or over the Department’s right-of-way.
Based on the Recipient’s High financial risk level, this project requires submission and review of the “Project Monitoring
Status Report,” invoices and supporting documentation on a monthly basis. The initial invoice and progress report will be
submitted within 180 days of the Department’s Notice to Proceed and monthly thereafter. Required documents should be
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submitted via email to D5-ConstructionSpecialProjects@dot.state.fl.us.
The Recipient shall commence the project’s activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Construction contract to be let (Bid Opening) by July 19, 2024.
b) Construction Duration of 285 days.
c) Construction to be completed (Final Acceptance) by July 09, 2025.
If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
Invoice payments will be made on a pro-rata basis as a percentage of the federal funding amount compared to the actual
award amount. Any contract changes/claims which result in federal aid ineligible cost and/or time will be the sole
responsibility of the Recipient. Such changes may include, but are not limited to, premium costs due to Design or CEI
errors or omissions, repairing items that had not been properly maintained, additional contract time and/or costs occurring
from utility delays, differing site conditions or other unforeseen conditions.
In the event the Project costs exceed the cost included in Exhibit "B", Schedule of Financial Assistance, the Recipient will
be solely responsible to provide the additional funds that are necessary to complete the Project.
The project funding may be reduced to an amount equal to the award amount and/or the actual contract costs.
CEI services for this project are being provided through the District's Continuing Services CEI contract (CSC). Federal
funds in the amount of $312,119.00, representing the negotiated CEI contract amount, have been programmed on the
project (432642-4-62-01). Should costs for federally eligible items exceed the programmed amount and additional federal
funding is not available, the Recipient will be solely responsible to provide the additional funds that are necessary to
complete the Project. Federal funds utilized on the District CSC are not subject to Exhibit "E" - Federal Financial
Assistance (Single Audit Act). The Recipient will be solely responsible for CEI costs for federally ineligible items that
require CEI services.
The remainder of this page intentionally left blank.
482
Alt Form 525-010-40B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0B
PROGRAM
MANAGEMENT
8/21
Page 1 of 1
EXHIBIT B
SCHEDULE OF FINANCIAL ASSISTANCE
RECIPIENT NAME & BILLING ADDRESS:
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
FINANCIAL PROJECT NUMBER:
432642-1-58-01
PHASE OF WORK By Fiscal Year
MAXIMUM PARTICIPATION
(1)
TOTAL
PROJECT FUNDS
(2)
LOCAL FUNDS
(3)
STATE FUNDS
(4)
FEDERAL FUNDS
Design- Phase 38
FY: (Insert Program Name)
FY: (Insert Program Name)
FY: (Insert Program Name)
$
$
$
$
$
$
$
$
$
$
$
$
Total Design Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00
Right-of-Way- Phase 48
FY: (Insert Program Name)
FY: (Insert Program Name)
FY: (Insert Program Name)
$
$
$
$
$
$
$
$
$
$
$
$
Total Right-of-Way Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00
Construction- Phase 58
FY: 2023-2024 (LAP)
FY: (Insert Program Name)
FY: (Insert Program Name)
$ 1,155,117.00
$
$
$ 0.00
$
$
$ 0.00
$
$
$ 1,155,117.00
$
$
Total Construction Cost $ 1,155,117.00 $ 0.00 $ 0.00 $ 1,155,117.00
Construction Engineering and Inspection (CEI)- Phase 68
FY: (Insert Program Name)
FY: (Insert Program Name)
FY: (Insert Program Name)
$
$
$
$
$
$
$
$
$
$
$
$
Total CEI Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00
(Insert Phase)
FY: (Insert Program Name)
FY: (Insert Program Name)
FY: (Insert Program Name)
$
$
$
$
$
$
$
$
$
$
$
$
Total Phase Costs $ 0.00 $ 0.00 $ 0.00 $ 0.00
TOTAL COST OF THE PROJECT $ 1,155,117.00 $ 0.00 $ 0.00 $ 1,155,117.00
COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by
Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached.
Precious L. Lewis
District Grant Manager Name
Signature Date
483
Alt Form 525-010-40C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0C
PROGRAM
MANAGEMENT
05/21
Page 1 of 2
EXHIBIT C
TITLE VI ASSURANCES
During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in
interest (hereinafter collectively referred to as the "contractor") agrees as follows:
(1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to
nondiscrimination in federally-assisted programs of the U.S. Department of Transportation
(hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the REGULATIONS),which are herein
incorporated by reference and made a part of this contract.
(2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall
not discriminate on the basis of race, color, national origin, or sex in the selection and retention of sub-
contractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when the contract covers a program set forth in
Appendix B of the REGULATIONS.
(3.) Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under sub-contract, including procurements of materials or leases of equipment, each
potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations
under this contract and the REGULATIONS relative to nondiscrimination on the basis of race, color,
national origin, or sex.
(4.) Information and Reports: The contractor shall provide all information and reports required by
the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Florida Department of Transportation or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration
to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions.
Where any information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish this information the contractor shall so certify to the Florida Department
of Transportation, or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate,
and shall set forth what efforts it has made to obtain the information.
(5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, or
484
525-011-0C
PROGRAM MANAGEMENT
05/21
Page 2 of 2
Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited
to:
a. withholding of payments to the contractor under the contract until the contractor
complies, and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
(6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (7) in
every sub-contract, including procurements of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with respect
to any sub-contract or procurement as the Florida Department of Transportation or the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier
Safety Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened
with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request
the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida
Department of Transportation, and, in addition, the contractor may request the United States to enter into
such litigation to protect the interests of the United States.
(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964
(42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national
origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of
1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the
Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis
of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC
§ 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin,
or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504
of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include
all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such
programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act,
which prohibit discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131
-- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The
Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination
on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-
discrimination against minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority and low-income
populations; Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because
of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps
to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
485
Alt Form 525-010-40D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0D
PROGRAM MANAGEMENT
05/21
Page 1 of 1
EXHIBIT D
RECIPIENT RESOLUTION
The Recipient’s Resolution authorizing entry into this Agreement is attached and incorporated into this
Agreement.
486
Alt Form 525-010-40E STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0E
PROGRAM MANAGEMENT
11/22
Page 1 of 1
EXHIBIT E
FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT)
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
CFDA No.:20.205
CFDA Title: Highway Planning and Construction
Federal-Aid Highway Program, Federal Lands Highway Program
CFDA Program
Site:
https://beta.sam.gov/fal/1093726316c3409a8e50f4c75f5ef2c6/view?keywords=20.205&sort=-
relevance&index=cfda&is_active=true&page=1
Award Amount: $1,155,117.00
Awarding
Agency:
Florida Department of Transportation
Award is for
R&D:
No
Indirect Cost
Rate:
N/A
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE
FOLLOWING:
2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal
Awards
http://www.ecfr.gov/cgi-bin/text-idx?node=2:1.1.2.2.1
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING:
Title 23 – Highways, United States Code
http://uscode.house.gov/browse/prelim@title23&edition=prelim
Title 49 – Transportation, United States Code
http://uscode.house.gov/browse/prelim@title49&edition=prelim
Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the “Bipartisan Infrastructure Law”)
https://www.congress.gov/117/bills/hr3684/BILLS-117hr3684enr.pdf
Federal Highway Administration – Florida Division
http://www.fhwa.dot.gov/fldiv/
Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS)
https://www.fsrs.gov/
487
Alt Form 525-010-40F STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0F
PROGRAM
MANAGEMENT
04/24
Page 1 of 2
EXHIBIT F
CONTRACT PAYMENT REQUIREMENTS
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of
expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall
be submitted for each amount for which reimbursement is being claimed indicating that
the item has been paid. Documentation for each amount for which reimbursement is
being claimed must indicate that the item has been paid. Check numbers may be provided
in lieu of copies of actual checks. Each piece of documentation should clearly reflect the
dates of service. Only expenditures for categories in the approved agreement budget may
be reimbursed. These expenditures must be allowable (pursuant to law) and directly
related to the services being provided.
Listed below are types and examples of supporting documentation for cost
reimbursement agreements:
Salaries: Timesheets that support the hours worked on the project or activity must be
kept. A payroll register, or similar documentation should be maintained. The payroll
register should show gross salary charges, fringe benefits, other deductions and net pay.
If an individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
Fringe benefits: Fringe benefits should be supported by invoices showing the amount
paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically
states that fringe benefits will be based on a specified percentage rather than the actual
cost of fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
Travel: Reimbursement for travel must be in accordance with s. 112.061, F.S., which
includes submission of the claim on the approved state travel voucher along with
supporting receipts and invoices.
Other direct costs: Reimbursement will be made based on paid invoices/receipts and
proof of payment processing (cancelled/processed checks and bank statements). If
nonexpendable property is purchased using state funds, the contract should include a
provision for the transfer of the property to the State when services are terminated.
Documentation must be provided to show compliance with DMS Rule 60A-1.017, F.A.C.,
regarding the requirements for contracts which include services and that provide for the
contractor to purchase tangible personal property as defined in s. 273.02, F.S., for
subsequent transfer to the State.
Indirect costs: If the contract stipulates that indirect costs will be paid based on a
specified rate, then the calculation should be shown. Indirect costs must be in the
approved agreement budget and the entity must be able to demonstrate that the costs
are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for
reasonableness and for allowability and must be allocated consistently.
488
Contracts between state agencies may submit alternative documentation to
substantiate the reimbursement request, which may be in the form of FLAIR reports
or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State
Expenditures can be found at this web address
https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-
agencies/reference-guide-for-state-expenditures.pdf.
489
Alt Form 525-010-40G STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0G
PROGRAM MANAGEMENT
10/23
Page 1 of 1
EXHIBIT G
FHWA FORM 1273
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC – COMPLIANCE
WITH FHWA 1273.
The FHWA-1273 version dated October 23, 2023 is appended in its entirety to this Exhibit. FHWA-1273 may also be
referenced on the Department’s website at the following URL address:
http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf
Sub-recipients of federal grants awards for Federal-Aid Highway construction shall take responsibility to obtain this
information and comply with all provisions contained in FHWA-1273.
490
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40N
PROGRAM MANAGEMENT
OGC - 09/18
Page 1 of 2
EXHIBIT “N”
TRAFFIC SIGNAL MAINTENANCE
Paragraph 16. is modified to include the following provisions:
1. When the District Traffic Operations Engineer of the Department has served a request order on the Recipient, and the
designated officer of the Recipient has favorably acknowledged the request order, the Recipient shall undertake the
responsibilities to maintain and operate existing or new traffic signals and signal systems mentioned in the request
order.
2. The proposed functional design and operation of new traffic signals and signal systems shall be reviewed by the
Recipient in conjunction with the Department prior to installation. Such design and operation will be as energy
efficient as possible.
3. The installation of signals or signal systems shall not endanger highway travel and shall be conducted in accordance
with Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), as amended, and with all applicable
Department standards, specifications and plans governing traffic control for street and highway construction and
maintenance.
4. The Recipient shall be responsible for the maintenance and continuous operation of the traffic signals and signal
systems (central computer, cameras, message signs, and communications interconnect), school zone traffic control
devices, intersection flashing beacons, illuminated street sign names, and the payment of electricity and electrical
charges incurred in connection with the operation of such traffic signals and signal systems upon completion of their
installation. In the case of construction contracts, the Recipient shall be responsible for the payment of electricity and
electrical charges incurred in connection with the operation of the traffic signals and signal systems, and shall
undertake the maintenance and continuous operation of said traffic signals and signal systems upon final acceptance
of the installation by the Department. Repair or replacement and other responsibilities of the installation contractor
and the Department, during the burn-in period between conditional and final acceptance, are contained in the most
recent Department's Standard Specifications for Road and Bridge Construction.
5. The Recipient shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and
efficient movement of highway traffic and that agree with maintenance practices prescribed by the International
Municipal Signal Association (IMSA) and operational requirements of the MUTCD, as amended. The Recipient's
maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service,
and routine repairs), and emergency maintenance (troubleshooting in the event of equipment malfunction, failure or
damage). The Recipient shall record its maintenance activities in a traffic signal maintenance log which shall contain,
as a minimum, traffic signal log details recommended by the IMSA.
6. The Recipient may remove any component of the installed equipment for repair; however, it shall not make any
permanent modifications and/or equipment replacements unless the equipment provided is the same age or newer
and is capable of performing the same functions. The Department shall not make any modifications and/or equipment
replacements without prior written notice to the Recipient.
7. The Recipient shall set and maintain the timing and phasing of the traffic signals in accordance with the Department's
timing and phasing plans, specifications or special provisions. The Recipient may make modifications in phasing of
traffic signals and signal systems to accommodate changing needs of traffic provided prior written approval is
obtained from the Department. Department approval shall be contingent upon an engineering report prepared by or
for the Recipient in accordance with Section 1A.09, “Engineering Study and Engineering Judgment”, of the MUTCD
recommending such changes and signed and sealed by a qualified Professional Engineer licensed in the State of
Florida. The Recipient may make changes in the signal timing provided these changes are made under the direction
of a qualified Professional Engineer. The Recipient shall send a signed and sealed copy of the timings to the
Department immediately after installation. The Department reserves the right to examine equipment, timing, and
phasing at any time and, after consultation with the Recipient, may specify modifications. If the Department specifies
modification in timing and/or phasing, implementation of such modifications shall be coordinated with, or made by the
Recipient.
491
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40N
PROGRAM MANAGEMENT
OGC - 09/18
Page 2 of 2
8. The Recipient shall note in the maintenance log any timing and/or phasing changes and keep a copy of the timings
and any approval documentation in a file.
9. The Recipient may enter into agreements with other parties pertaining to traffic signals and signal systems including,
but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic
signals and signal systems on the State Highway System provided that such agreements are consistent with the
mutual covenants contained in this Exhibit. The Recipient shall furnish a copy of such agreements to the Department.
10. This Exhibit shall remain in force during the life of the originally installed equipment and/or the life of any replacement
equipment installed with the mutual consent of the parties hereto until superseded by a Traffic Signal Maintenance
and Compensation Agreement between the Department and the Recipient.
492
Alt Form 525-010-40O STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0O
PROGRAM MANAGEMENT
05/21
Page 1 of 3
EXHIBIT O
TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT RIGHT OF WAY
Section 17.g. of the Agreement is amended as follows for Construction on the Department’s Right of Way.
1. If the Project involves construction on, under, or over the Department’s right-of-way, the design work for all
portions of the Project to be constructed on, under, or over the Department’s right-of-way shall be submitted to the
Department for review prior to any work being commenced, and the following provisions shall apply:
a. The Project shall be designed and constructed in accordance with the latest edition of the Department’s
Standard Specifications for Road and Bridge Construction and Department Design Standards and Manual
of Uniform Traffic Control Devices (“MUTCD”). The following guidelines shall apply as deemed appropriate
by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the
Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the Florida Department of
Transportation Design Manual (“FDM”) and the Department Traffic Engineering Manual.
Designs that do not meet Department standards may be rejected by the Department at its sole discretion.
The Department may allocate Department-managed resources to facilitate compliance with applicable
design standards. If changes to the Department approved plans are required, the Recipient shall notify the
Department of the changes and receive approval from the Department prior to the changes being
constructed. The Recipient shall maintain the area of the Project, at all times, and coordinate any work
needs of the Department during construction of the Project.
b. The Recipient shall notify the Department a minimum of 48 hours before beginning construction within,
under, or over Department right-of-way. The Recipient shall notify the Department should construction be
suspended for more than 5 working days. The Department contact person for construction is D5-
ConstructionSpecialProjects@dot.state.fl.us.
c. The Recipient shall be responsible for monitoring construction operations and the maintenance of traffic
(“MOT”) throughout the course of the Project in accordance with the latest edition of the Department
Standard Specifications, section 102. The Recipient is responsible for the development of a MOT plan and
making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version
of the Department Design Standards, Index 600 series. Any MOT plan developed by the Recipient that
deviates from the Department Design Standards must be signed and sealed by a professional engineer.
MOT plans will require approval by the Department prior to implementation.
d. The Recipient shall be responsible for locating all existing utilities, both aerial and underground, and for
ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts
shall be fully resolved directly with the applicable utility.
e. The Recipient will be responsible for obtaining all permits that may be required by other agencies or local
governmental entities.
f. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements
located on, under, or over the Department’s right-of-way resulting from this Agreement shall become the
property of the Department. Neither the granting of the permission to use the Department right-of-way nor
the placing of facilities upon the Department property shall operate to create or vest any property right to or
in the Recipient, except as may otherwise be provided in separate agreements. The Recipient shall not
acquire any right, title, interest or estate in Department right-of-way, of any nature or kind whatsoever, by
virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the
Recipient’s use, occupancy or possession of Department right-of-way. The Parties agree that this
Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency
requirements pursuant to Chapter 163, Florida Statutes.
493
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Page 2 of 3
g. The Recipient shall not cause any liens or encumbrances to attach to any portion of the Department’s
property, including but not limited to, the Department’s right-of-way.
h. The Recipient shall perform all required testing associated with the design and construction of the Project.
Testing results shall be entered into the department’s Materials Testing and Certification database
application and the department must provide the final Materials Certification for the Project. The Department
shall have the right to perform its own independent testing during the course of the Project.
i. The Recipient shall exercise the rights granted herein and shall otherwise perform this Agreement in a good
and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this
Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws,
codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be
constituted and amended from time to time, including, but not limited to, those of the Department, applicable
Water Management District, Florida Department of Environmental Protection, Environmental Protection
Recipient, the Army Corps of Engineers, the United States Coast Guard and local governmental entities.
j. If the Department determines a condition exists which threatens the public’s safety, the Department may,
at its discretion, cause construction operations to cease and immediately have any potential hazards
removed from on, under, or over its right-of-way at the sole cost, expense, and effort of the Recipient. The
Recipient shall bear all construction delay costs incurred by the Department.
k. The Recipient shall be responsible to maintain and restore all features that might require relocation within
the Department right-of-way.
l. The Recipient will be solely responsible for clean up or restoration required to correct any environmental or
health hazards that may result from construction operations.
m. The acceptance procedure will include a final “walk-through” by Recipient and Department personnel. Upon
completion of construction, the Recipient will be required to submit to the Department final as-built plans
and an engineering certification that construction was completed in accordance to the plans. Submittal of
the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan
sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of
this Agreement, the Recipient shall remove its presence, including, but not limited to, all of the Recipient’s
property, machinery, and equipment from Department right-of-way and shall restore those portions of
Department right of way disturbed or otherwise altered by the Project to substantially the same condition
that existed immediately prior to the commencement of the Project.
n. If the Department determines that the Project is not completed in accordance with the provisions of this
Agreement, the Department shall deliver written notification of such to the Recipient. The Recipient shall
have thirty (30) days from the date of receipt of the Department’s written notice, or such other time as the
Recipient and the Department mutually agree to in writing, to complete the Project and provide the
Department with written notice of the same (the “Notice of Completion”). If the Recipient fails to timely
deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt
of the Notice of Completion, the Department, within its discretion may: 1) provide the Recipient with written
authorization granting such additional time as the Department deems appropriate to correct the
deficiency(ies); or 2) correct the deficiency(ies) at the Recipient’s sole cost and expense, without
Department liability to the Recipient for any resulting loss or damage to property, including, but not limited
to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall
provide the Recipient with an invoice for the costs incurred by the Department and the Recipient shall pay
the invoice within thirty (30) days of the date of the invoice.
o. The Recipient shall implement best management practices for erosion and pollution control to prevent
violation of state water quality standards. The Recipient shall be responsible for the correction of any
erosion, shoaling, or water quality problems that result from the construction of the Project.
494
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Page 3 of 3
p. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the
vicinity of your proposed work. It is the responsibility of the Recipient to locate and avoid damage to these
sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted
immediately.
q. During construction, highest priority must be given to pedestrian safety. If permission is granted to
temporarily close a sidewalk, it should be done with the express condition that an alternate route will be
provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA)
standards.
r. Restricted hours of operation will be from TO BE DETERMINED PRIOR TO CONSTRUCTION, (DAYS OF
THE WEEK FOR RESTRICTED OPERATION TO BE DETERMINED), unless otherwise approved by the
Operations Engineer, or designee.
s. Lane closures on the state road system must be coordinated with the Public Information Office at least two
weeks prior to the closure. The contact information for the Department’s Public Information Office is:
D5-PIO@dot.state.fl.us
Note: (Highlighted sections indicate need to confirm information with District Office or appropriate
DOT person managing the Agreement)
495
FPN: 432642-4-62-02 Page 1 of 9
Agency: City of Winter Springs
Vendor No: F591026364005
Fund: LF
Contract Amount: $46,818.00
Financial Project No.:
432642-4-62-02
LOCALLY FUNDED AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF WINTER SPRINGS
This AGREEMENT, made and entered into _________________________________,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter
referred to as the “DEPARTMENT”) and the CITY OF WINTER SPRINGS (hereinafter referred
to as the “LOCAL GOVERNMENT”),
WITNESSETH:
WHEREAS, the Parties have been granted specific legislative authority to enter into this
Agreement pursuant to Section 339.12, Florida Statutes; and
WHEREAS, the LOCAL GOVERNMENT, by Resolution, a copy of which is attached
hereto, as Exhibit “B”, and made apart hereof, has authorized its officers to execute this
Agreement on its behalf; and
WHEREAS, the DEPARTMENT is prepared, in accordance with its Adopted Five Year
Work Program, to undertake the Construction Engineering and Inspection (CEI) services for the
project described as: “State Road 434 at Winding Hollow Boulevard”, said project being known
as Financial Project Number (FPN) 432642-4-62-01, hereinafter referred to as the “Project”; and
WHEREAS, the Project is not revenue producing and is contained in the Adopted Work
Program; and
WHEREAS, the implementation of the Project is in the interests of both the
DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious,
and economical for the LOCAL GOVERNMENT to provide a portion of the funds for the CEI
services of the Project in Fiscal Year 2023/2024, said portion of the Project being known as
FPN 432642-4-62-02, and said costs hereinafter referred to as “Federal-Aid Non-Participating
Costs;” and
WHEREAS, in order to maintain uniformity throughout the Project and to provide for the
Federal-Aid Non-Participating Costs in a cost effective manner, the LOCAL GOVERNMENT
desires to provide funding to the DEPARTMENT to be used for the Federal-Aid Non-
Participating Costs, as described in “Exhibit A”.
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NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint
participation of this Agreement, the parties agree as follows:
1. The term of this Agreement shall begin upon the date of signature of the last
party to sign and shall remain in full force and effect through completion of all services required
of the LOCAL GOVERNMENT. The DEPARTMENT may, at any time and at any stage, amend
or terminate the Project in whole or in part if the DEPARTMENT determines that such action is
in the best interests of the public.
2. The DEPARTMENT shall undertake and complete the CEI services for the
Project using the Federal-Aid Non-Participating Costs described in Exhibit “A”.
3. The DEPARTMENT shall perform the CEI services for the Project. Nothing
herein shall be construed as requiring the DEPARTMENT to perform any activity which is
outside the scope of the Project as previously defined. Except as specifically stated otherwise
in this Agreement, all such activities shall be performed by such entities, at such times, in such
manner, under such conditions, and pursuant to such standards as the DEPARTMENT, in its
sole discretion, deems appropriate. The LOCAL GOVERNMENT shall not have any jurisdiction
or control over the DEPARTMENT’S activities, except as specifically stated in this Agreement.
The LOCAL GOVERNMENT shall be entitled to be advised of the progress of the Project at
reasonable intervals upon request.
4. Contribution by the LOCAL GOVERNMENT of the funds for the CEI phase of the
Project shall be made as follows:
(A) The LOCAL GOVERNMENT and the DEPARTMENT agree to share the
cost for CEI services of the Project. The LOCAL GOVERNMENT agrees to provide
100% of the Federal-Aid Non-Participating Costs required for the CEI services and the
DEPARTMENT agrees to provide the federal funds for the federal participating share of
the CEI services, up to $312,119.00 (Three Hundred Twelve Thousand One Hundred
Nineteen Dollars and No/100).
(B) The share of the LOCAL GOVERNMENT shall be, at a minimum, the
stated percentage of the actual Federal-Aid Non-Participating Costs of the project.
However, in the event the federal government fails to provide an amount which is equal
to the anticipated federal participating share, the LOCAL GOVERNMENT shall be
responsible for 100% of the funds required to make up the shortfall, including cost
overruns and/or supplemental agreements not paid by federal funds. The
DEPARTMENT is only responsible for the stated federal participating share as described
in paragraph 4(A). The Project is off the “State Highway System”, therefore, in
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accordance with Section 339.08(1), F.S., State funding cannot be used for payments of
non-participating costs on this Project.
(C) Should such shortfalls occur, due to a determination that said costs are
non-participating, the LOCAL GOVERNMENT agrees to provide, without delay adequate
funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund
the shortfall. The DEPARTMENT shall notify the LOCAL GOVERNMENT as soon as it
becomes apparent there is a shortfall; however, failure of the DEPARTMENT to so notify
the LOCAL GOVERNMENT shall not relieve the LOCAL GOVERNMENT from its
obligation to pay for its full participation of Federal-Aid Non-Participating Costs during
the project and on final accounting, as provided herein below.
(D) The estimated total cost as set forth in the DEPARTMENT’S adopted
work program for this Project is $312,119.00 (Three Hundred Twelve Thousand One
Hundred Nineteen Dollars and No/100). The estimated LOCAL GOVERNMENT share
for 100% of the non-federal portion of the project is $46,818.00 (Forty-Six Thousand
Eight Hundred Eighteen Dollars and No/100).
(E) The LOCAL GOVERNMENT agrees that it will, within at least 14
calendar days of the execution of this Agreement, furnish the DEPARTMENT an
advance deposit in the amount of $46,818.00 (Forty-Six Thousand Eight Hundred
Eighteen Dollars and No/100). The deposit shall be the total estimated Federal-Aid
Non-Participating Costs.
(F) If the Federal-Aid Non-Participating Costs are in excess of the advance
deposit amount, the LOCAL GOVERNMENT will provide, without delay, an additional
deposit within fourteen (14) calendar days of notification from the DEPARTMENT, so
that the total deposit is equal to the Federal-Aid Non-Participating Costs. The
DEPARTMENT will notify the LOCAL GOVERNMENT as soon as it becomes apparent
the Federal-Aid Non-Participating Costs are in excess of the advance deposit amount.
However, failure of the DEPARTMENT to so notify the LOCAL GOVERNMENT shall not
relieve the LOCAL GOVERNMENT from its obligation to pay for its full participation on
final accounting as provided herein below. If the LOCAL GOVERNMENT cannot provide
the additional deposit within fourteen (14) days, a letter must be submitted to and
approved by the DEPARTMENT’s project manager indicating when the deposit will be
made. The LOCAL GOVERNMENT understands the request and approval of the
additional time could delay the project, and additional costs may be incurred due to
delay of the project.
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(G) If the Federal-Aid Non-Participating Costs are less than the advance
deposit amount, the DEPARTMENT will refund the amount that the advance deposit
exceeds the LOCAL GOVERNMENT’s share of the Federal-Aid Non-Participating Costs
if such refund is requested by the LOCAL GOVERNMENT in writing.
(H) Should project modifications occur that increase the Federal-Aid Non-
Participating Costs, the LOCAL GOVERNMENT will be notified by the District
accordingly. The LOCAL GOVERNMENT agrees to provide, without delay, adequate
funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund
the Federal-Aid Non-Participating Costs. The DEPARTMENT shall notify the LOCAL
GOVERNMENT as soon as it becomes apparent the Federal-Aid Non-Participating
Costs will overrun the advance deposit amount. However, failure of the DEPARTMENT
to so notify the LOCAL GOVERNMENT shall not relieve the LOCAL GOVERNMENT
from its obligation to pay for its full participation on final accounting as provided herein
below.
(I) The DEPARTMENT intends to have its final and complete accounting of
all costs incurred in connection with the work performed hereunder within three-hundred
and sixty (360) calendar days of final payment to the Consultant. All project cost records
and accounts shall be subject to audit by a representative of the LOCAL GOVERNMENT
for a period of three (3) years after final close out of the project. The LOCAL
GOVERNMENT will be notified of the final cost. The parties agree that in the event the
final accounting of total project costs pursuant to the terms of this agreement is less than
the total deposits to date, a refund of the excess will be made by the DEPARTMENT to
the LOCAL GOVERNMENT. If the final accounting is not performed within three-
hundred and sixty (360) calendar days, the LOCAL GOVERNMENT is not relieved from
its obligation to pay.
(J) In the event said final accounting of total project costs is greater than the
total deposits to date, the LOCAL GOVERNMENT will pay the additional amount within
forty (40) calendar days from the date of the invoice. The LOCAL GOVERNMENT
agrees to pay interest at a rate as established pursuant to Section 55.03, Florida
Statutes (F.S.), on any invoice not paid within the forty (40) calendar days until the
invoice is paid.
(K) The payment of funds under this Locally Funded Agreement will be made
directly to the DEPARTMENT for deposit and as provided in the attached escrow
agreement between LOCAL GOVERNMENT, DEPARTMENT and the State of Florida,
Department of Financial Services, Division of Treasury.
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(L) Contact Persons:
DEPARTMENT
District 5 Local Programs
719 South Woodland Boulevard, M.S. 4-520
DeLand, Florida 32720
(386) 943-5452
D5-LocalPrograms@dot.state.fl.us
District 5 Construction Special Projects
719 South Woodland Boulevard, M.S. 3-506
DeLand, Florida 32720
(386) 943-5406
D5-ConstructionSpecialProjects@dot.state.fl.us
LOCAL GOVERNMENT
Phillip Hursh
City Manager
City of Winter Springs
1125 East State Road 434
Winter Springs, Florida 32708
(407) 327-7591
phursh@winterspringsfl.org
5. All tracings, plans, specifications, maps, models, reports, or other work product
prepared or obtained under this Agreement shall be considered works made for hire for the
DEPARTMENT and shall at all times be and remain the property of the DEPARTMENT without
restriction or limitation on their use. The LOCAL GOVERNMENT may, however, inspect those
materials upon providing reasonable advance notice to the DEPARTMENT.
6. In the event this Agreement is in excess of TWENTY FIVE THOUSAND
DOLLARS ($25,000.00) or has a term for a period of more than one (1) year, the provisions of
Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated as follows:
“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 shall prevent the making of
contracts for periods exceeding one (1) year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for
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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 $25,000.00
and which have a term for a period of more than one (1) year.”
7. The DEPARTMENT may unilaterally cancel this Agreement for refusal by the
LOCAL GOVERNMENT to allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by
such party in conjunction with this Agreement.
8. This Agreement constitutes the complete and final expression of the parties with
respect to the subject matter hereof, and incorporates and includes all proper negotiations,
correspondence, conversations, agreements, or understandings applicable to the matters
contained herein. The parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representation or agreements whether oral or written.
9. This Agreement shall be governed by and interpreted in accordance with the
laws of the State of Florida. Any provision herein determined by a court of competent
jurisdiction, or any other legally constituted body having jurisdiction, to be invalid or
unenforceable shall be severable and the remainder of this Agreement shall remain in full force
and effect, provided that the invalidated or unenforceable provision is not material to the
intended operation of this Agreement.
10. The DEPARTMENT and the LOCAL GOVERNMENT acknowledge and agree
to the following:
(A) The LOCAL GOVERNMENT shall utilize the U.S. Department of Homeland
Security's E-Verify System to verify the employment eligibility of all new employees hired
by the LOCAL GOVERNMENT during the term of the contract; and
(B) The LOCAL GOVERNMENT shall expressly require any contractors 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 contractor/subcontractor during
the contract term.
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IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement on
, and the DEPARTMENT has executed this Agreement on
.
STATE OF FLORIDA
CITY OF WINTER SPRINGS DEPARTMENT OF TRANSPORTATION
By: By:
Name: Name: C. Jack Adkins
Title: Title: Director of Transportation Development
Attest: Attest:
Executive Secretary
Legal Review: Legal Review:
LOCAL GOVERNMENT Attorney DEPARTMENT Attorney
Financial Provisions Approval by
Department of Comptroller on:
October 5, 2020
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EXHIBIT “A”
SCOPE OF SERVICES
The State Road 434 at Winding Hollow Boulevard project is with the City of Winter Springs
(LOCAL GOVERNMENT). The scope of the project is to construct an eastbound right turn
deceleration lane on State Road 434 at Winding Hollow Blvd. Total length of the project is
approximately 0.13 miles.
Improvements include removal and replacement of drainage inlets and pipes, sidewalk
reconstruction, curb & gutter, stabilization, detectable warning surfaces, milling and resurfacing,
removal of existing concrete, reinforcement grid for soil stabilization, manhole adjustment,
underdrain, and utility relocations. The existing water main utility conflicts with proposed
drainage improvements (inlet and pipe) and therefore it is proposed to be relocated as part of
the project. Other construction elements include mobilization, maintenance of traffic, erosion
control, clearing and grubbing, pavement marking, regular excavation, embankment, fencing
and sod.
The proposed improvements at the intersection of State Road 434 and Winding Hollow
Boulevard also include removing and replacing the mast arm and signal heads on the southwest
corner and associated signal improvements at the intersection including pull and splice boxes,
conduits, pedestrian detector system, internally illuminated sign relocation, signal cable
replacement, fiber optic relocation from aerial to underground, loop assemblies, traffic controller
modification, signal priority and preemption relocation.
All pedestrian facilities shall adhere to current Americans with Disabilities Act (ADA) standards.
Utility coordination will be required during construction and utility work schedules have been
developed. The City (LOCAL GOVERNMENT) has received permit from the St. Johns Water
Management District. Right-of-way acquisition is complete. The City (LOCAL GOVERNMENT)
shall construct the project within the limits of the existing right-of-way or easements.
The LOCAL GOVERNMENT will be responsible for providing funds for any shortfalls, including
but not limited to cost over runs, Federal-Aid Ineligible Costs and Federal-Aid Non-Participating
Costs including the initial amount of $46,818.00.
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EXHIBIT “B”
RESOLUTION
The Resolution, or other official authorization, authorizing entry into this Agreement is attached
and incorporated into this Agreement.
504
THREE PARTY ESCROW AGREEMENT
THIS AGREEMENT is made and entered into by and between the State of Florida,
Department of Transportation ("FDOT"), the City of Winter Springs (“Participant”), and the State
of Florida, Department of Financial Services, Division of Treasury (“Escrow Agent”), and shall
become effective upon the Agreement’s execution by Escrow Agent.
WHEREAS, FDOT and Participant are engaged in the following project (“Project”):
Project Name: State Road 434 at Winding Hollow Boulevard
Project #: 432642-4-62-02
County: Seminole
WHEREAS, FDOT and Participant desire to establish an escrow account for the project.
NOW THEREFORE, in consideration of the premises and the covenants contained
herein, the parties agree to the following:
1. An initial deposit will be made into an interest bearing escrow account established
hereunder for the purposes of the Project. The escrow account will be opened
with the Escrow Agent on behalf of FDOT upon Escrow Agent’s receipt and
execution of this Agreement.
2. Other deposits to the escrow account may be made during the life of this
agreement.
3. Deposits will be delivered in accordance with instructions provided by the Escrow
Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH
deposit is the preferred method of payment and should be used whenever
possible.
4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account
with the Escrow Agent and shall have sole authority to authorize withdrawals from
the account. Withdrawals will only be made to FDOT or the Participant in
accordance with the instructions provided to the Escrow Agent by FDOT’s
Comptroller or designee.
5. Moneys in the escrow account will be invested in accordance with section 17.61,
Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income
is only earned on the moneys while invested. There is no guaranteed rate of
return. Investments in the escrow account will be assessed a fee in accordance
with Section 17.61(4)(b), Florida Statutes. All income of the investments shall
accrue to the escrow account.
6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow
account shall remain in the account for the purposes of the Project.
505
7. The Escrow Agent agrees to provide written confirmation of receipt of funds to
FDOT. FDOT agrees to provide a copy of such written confirmation to Participant
upon request.
8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning
the escrow account. FDOT agrees to provide a copy of such quarterly reports to
Participant upon request.
9. The Escrow Agent shall not be liable for any error of judgment or for any act done
or omitted by it in good faith, or for anything which it may in good faith do or refrain
from doing in connection herewith.
10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss
due to the acts or omissions of FDOT and Participant, nor from any separate
agreements between FDOT and Participant and shall have no responsibility to
monitor or enforce any responsibilities herein or in any separate agreements
associated with this Agreement between FDOT and Participant.
11. This Agreement shall be governed by and interpreted in accordance with the laws
of the State of Florida.
12. This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same
instrument.
13. This Agreement shall terminate upon disbursement by the Escrow Agent of all
money held by it in the escrow account in accordance with the instructions given
by FDOT’s Comptroller or designee and notification from FDOT to Escrow Agent
that the account is to be closed.
The remainder of this page is blank.
506
IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s)
below.
For FDOT-OOC (signature) For PARTICIPANT (signature)
Name and Title Name and Title
59-3024028
Federal Employer I.D. Number Federal Employer I.D. Number
Date Date
FDOT Legal Review:
For Escrow Agent (signature)
Name and Title
Date
507
Entity Name: CITY OF WINTER SPRINGS Date of Review:04/10/2024
Project Description(s): STATE ROAD 434 AT WINDING HOLLOW BOULEVARD Current Subrecipient Risk Level:HIGH
FPID / Contract No(s). 432642-1-58-01 / TBD Current or Estimated Project Funding:$1,155,117.00
FAP No(s). D519 083 B Fiscal Year(s) of Project Delivery:2023-2024
RISK LEVEL RISK LEVEL
(Project Assigned
Frequency) (Minimum Frequency)
# Monitoring Activities Description of Activity
1
Invoice Review
Verify that all requested costs identified on the "Local
Programs Invoicing Template" have supporting
documentation and have been paid for by the Subrecipient. If
issues are detected in the randomly selected invoice that are
significant, then a site visit may be scheduled to resolve the
matter in person. If issues are not adequately resolved,
expand invoice review sample to next risk level frequency.
Invoicing reviews occurring more often than quarterly will
need to be defined in Exhibit A of the LAP Agreement. Monthly Monthly
2 Audit Review
Single Audit: Review Subrecipient's single audits (as
applicable) in areas such as compliance, financial stability,
disclosures of related party transactions, etc. for each year
the project remains active.
N/A Annually
Period of Performance Date Monitoring: In addition, FDOT
may focus on the area of “End Date Monitoring” to help
improve project spending by target FHWA end dates. Monthly Monthly
3
Review of Programmatic, Performance and
Quality Assurance Reports
Review reports submitted by the Subrecipient for
programmatic, performance and financial progress and
compliance. This will be accounted for in the Subrecipient’s
“Project Monitoring Status Report ”. Report template will be
provided by FDOT. Monthly Monthly
Review quality assurance reviews, compliance assessments,
and other reports performed by external entities for
programmatic compliance . As Applicable As Applicable
4 Technical / Training Assistance Requirement
On Section E of the “LAP Certification Tool”, the Subrecipient
agrees to mandatory training requirements for staff
performing LAP project delivery. Annually Annually
The Subrecipient may request additional training from FDOT
as needed, or when new staff are hired. As Needed As Needed
At the discretion of the District LAP Administrator and based
on prior results, training may also be needed for activities like:
how to properly submit an invoice, providing required
documentation, delivering proof of payment or understanding
eligibility instructions. For SCAT deficiencies, the
Subrecipient or the District may request onsite technical
assistance by the SCAT Team. As Needed As Needed
5 Other Remedies
Identify additional monitoring activities may be performed to
ensure compliance. (e.g., in-person interviews, site visits,
coordination meetings) Incorporate activities into project
agreement as needed. As Needed As Needed
High
Local Agency Program (LAP) Risk Assessment
Subrecipient Monitoring Details
508