HomeMy WebLinkAboutFDOT - LAP Supplemental Agreement 1-22-16 525-010-32
SPECIFICATIONS AND ESTIMATES
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SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN
1 LOCAL AGENCY PROGRAM 434972-1-58-01
DUNS NO. SUPPLEMENTAL CONTRACT NO.
80-939-7102 AGREEMENT ARR91
The Florida Department of Transportation and the City of Cape Canaveral desires to supplement the
original Agreement entered into and executed on February 17,2015 as identified above. All provisions in the original
Agreement and supplements, if any, remain in effect except as expressly modified by this supplement.
The changes to the Agreement and supplements, if any, are described as follows:
PROJECT DESCRIPTION
Name North Atlantic Avenue Streetscape Length —1.231 miles
Termini from the Intersection of George King Boulevard to the Intersection of Astronaut Boulevard(SR A1A)
Description of Work:
This project is for improvements to North Atlantic Avenue (CR 401)in the City of Cape Canaveral. The limits of the project are from the
intersection of George King Boulevard to the intersection of Astronaut Boulevard (SR A1A) for a total of approximately 1.231 miles in
length. The project includes the construction of current ADA compliant concrete sidewalks, asphalt pedways and curb cut ramps,
decorative brick paver crosswalks, asphalt repair, bioretention swales, concrete and asphalt driveway aprons, drainage improvements
that tie to existing local system, Type "F" curb and gutter, Miami curb and gutter, environmental curb, decorative signing, pavement
markings, decorative lighting, signalization, bus shelters, landscaping, irrigation, various utility relocates and reclaimed water.
Non-participatinq items include:
Decorative Brick Paver Crosswalks
Decorative Street Lighting
Decorative Street Signs
Reclaimed Water Lines
Bus Shelters
Reason for Supplement and supporting engineering and/or cost analysis:
1. Section 5.04 of the original Agreement referenced above is hereby deleted and replaced by the following:
5.04 Audit Reports: The administration of resources awarded through the Department to the Agency 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 Agency shall comply with all audit and audit
reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F —Audit Requirements,for fiscal years beginning on or
after December 26, 2014, 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 Agency agrees to comply and
cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency 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 Agency, a non-Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014,
and as defined by 2 CFR Part 200, Subpart F—Audit Requirements,for fiscal years beginning on or after December 26,2014,
as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following
requirements:
a
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1. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold
established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR
Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency
must have a Federal single or program-specific audit for such fiscal year conducted in accordance with the provisions
of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions
of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014.
Exhibit to this Agreement provides the required Federal award identification information needed by the Agency to
further comply with the requirements of OMB Circular A-133, for fiscal years beginning before December 26, 2014,
and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after
December 26, 2014. In determining Federal awards expended in a fiscal year, the Agency 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 OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and established by 2 CFR Part 200, Subpart F -Audit Requirements, for fiscal years beginning
on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance with the
provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2
CFR Part 200, Subpart F -Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet
the requirements of this part.
2. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee
responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as
provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26,
2014.
3. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years
beginning before December 26,2014, and established by 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal
years beginning on or after December 26, 2014, in Federal awards, the Agency is exempt from Federal audit
requirements for that fiscal year. However, the Agency 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 Agency's audit period
for each applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular
A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F -Audit
Requirements,for fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects
to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years
beginning on or after December 26, 2014, 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 Agency's resources obtained from other than Federal entities).
4. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https://harvester.census.gov/facweb/the audit reporting package as required by OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal
years beginning on or after December 26, 2014, 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
OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part
200, Subpart F-Audit Requirements, for fiscal years beginning on or after December 26, 2014, 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 OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and as required by 2 CFR Part 200, Subpart F -Audit Requirements, for fiscal years beginning
on or after December 26,2014.
5. Upon receipt, and within six months, the Department will review the Agency'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 Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, for
fiscal years beginning on or after December 26, 2014, 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.
6.As a condition of receiving this Federal award,the Agency shall permit the Department,or its designee,the CFO or
State of Florida Auditor General access to the Agency'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.
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7.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 andot.state.fl.us
c. The Agency 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 Agency 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.
2. Exhibit 1, Federal Financial Assistance (Single Audit Act), of the original Agreement referenced above is hereby deleted and
replaced by Exhibit 1,attached to this Amendment.
525-010-32
SPECIFICATIONS AND ESTIMATES
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ADJUSTED EXHIBIT B SCHEDULE OF FUNDING Page 4 of 5
SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN
1 LOCAL AGENCY PROGRAM
SUPPLEMENTAL 434972-1-58-01
DUNS NO. AGREEMENT CONTRACT NO.
80-939-7102 ARR91
TYPE OF WORK FUNDING
B Fiscal Year (1) (2) (3) (4) (5)
y PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL AGENCY TOTAL STATE&
PROJECT FUNDS PROJECT FUNDS PROJECT FUNDS FUNDS FEDERAL FUNDS
Planning
FY:
FY:
FY:
FY:
FY:
FY:
Total Planning Cost $0.00_ $0.00 $0.00 $0.00 $0.00
Project Development&
Environment(PD&E)
FY:
FY:
FY:
FY:
FY:
FY:
Total PD&E Cost $0.00 $0.00 $0.00 $0.00 $0.00
Design
FY:
FY:
FY:
FY:
FY:
FY:
Total Design Cost $0.00 $0.00 $0.00 $0.00 $0.00
Right-of-Way
FY:
FY:
FY:
FY:
FY:
FY:
Total Right-of-Way Cost $0.00 $0.00 $0.00 $0.00 $0.00
Construction
FY: 2014-2015 $3,177,000.00 $3,177,000.00 $1,237,179.00 $1,939,821.00
FY:
FY:
FY:
FY:
FY:
Total Construction Cost $3,177,000.00 $0.00 $3.177.000.00 $1,237,179.00 $1,939,821.00
Construction Engineering and
Inspection(CEI)
FY: 2014-2015 $300,000.00 $300,000.00 $300,000.00
FY:
FY: __
FY:
FY: _
FY:
Total CEI Cost $300,000.00 $0.00 $300,000.00 $300,000.00 $0.00
Total Construction&CEI Costs _ $3,477,000.00 $0.00 $3,477,000.00 $1,537,179.00 $1,939,821.00_
TOTAL COST OF THE $3,477,000.00 $0.00 $3,477,000.00 $1,537,179.00 $1,939,821.00
PROJECT
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SPECIFICATIONS AND ESTIMATES
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SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN
1 LOCAL AGENCY PROGRAM
SUPPLEMENTAL 434972-1-58-01
DUNS NO. AGREEMENT CONTRACT NO.
80-939-7102 ARR91
IN WITNESS WHEREOF,the parties have caused these presents to be executed the day and year first above written.
AGENCY STATE O• LO- DA DEPARTMENT OF TRANSPORTATION
By: 0 By:
Name: David L. Greene Name: Fr.• J.O'Dea, P.E.
Title: City Manager Title: D'•- •r of Transportation D- :lopment
Attest: v.-; (Y1 _ 'n(\ r-, Attest: /2 i1 / l /'"
Name:Kim M. McIntire Name:
Title: Executive Assistant Title: Executive Se retary
Date: 12-23-2015 Date:
Legal Review:
See attached Encumbrance Form for date of funding approval by Comptroller.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
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EXHIBIT 1
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:l/www.cfda.qov/
Award Amount: $1,939,821.00
Awarding Agency: Florida Department of Transportation
Award is for R&D: No
Indirect Cost Rate: N/A
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
2 CFR Part 200— Uniform Administrative Requirements, Cost Principles &Audit Requirements for Federal Awards
http://www.ecfr.qov/
OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations
http://www.whitehouse.gov/sites/default/files/omb/assets/a133/a133 revised 2007.pdf
OMB Circular A-133 Compliance Supplement 2014
http://www.whitehouse.gov/omb/circulars/a133 compliance supplement 2014
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING:
OMB Circular A-87(Revised), Cost Principles for State, Local and Indian Tribal Governments
http://www.whitehouse.gov/omb/circulars a087 2004/
OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments
I http://www.whitehouse.qov/omb/circulars a102/
Title 23— Highways, United States Code
http://uscode.house.gov/browse/prelim a@title23&edition=prelim
Title 49—Transportation, United States Code
http://uscode.house.gov/browse/prelim c title49&edition=prelim
Map-21 —Moving Ahead for Progress in the 21st Century, Public Law 112-141
http://www.qpo.qov/fdsys/pkq/PLAW-112pu bl 141/pdf/PLAW-112pu bl 141.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/
li
RESOLUTION NO. 2014-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA
APPROVING BIDDING/PURCHASING PROCEDURES
NECESSARY TO COMPLY WITH REQUIREMENTS FOR
FEDERALLY FUNDED TRANSPORTATION PROJECTS AND IN
ACCORDANCE WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION LOCAL AGENCY PROGRAM ("LAP");
AUTHORIZING THE CITY MANAGER TO TAKE ANY OTHER
ACTION DEEMED NECESSARY OR ADVISABLE IN
CONNECTION WITH THE FINALIZATION AND EXECUTION
OF A STANDARD LAP AGREEMENT; AUTHORIZING THE
EXECUTION AND DELIVERY OF DOCUMENTS IN
CONNECTION WITH SAID STANDARD LAP AGREEMENT;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral ("City") establishes the
following procedures when working with federally funded highway transportation projects; and
WHEREAS, the City Council of the City of Cape Canaveral must comply with Federal
funding requirements to qualify for funding through the Florida Department of Transportation
("FDOT") Local Agency Program ("LAP"); and
WHEREAS, the City Council of the City of Cape Canaveral hereby finds this Resolution
to be in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated herein by this reference.
Section 2. Bid Opening and Tabulation/Advertising for Bids. All bids received in
accordance with the terms of the advertisement shall be publicly opened and announced either item
by item or by total amount. If any bid received is not read aloud, the name of the bidder and the
reason for not reading the bid aloud shall be publicly announced at the opening. Negotiation with
contractors during the period following the opening of bids and before the award of the contract
shall not be permitted. All federally funded projects shall be advertised a minimum of three weeks.
Section 3. Bid Analysis and Award of Contract. The City will comply with the requirements
of 23 C.F.R. §635.1 14 on all federally funded transportation projects for bid analysis and award of
contracts as detailed in Exhibit "A." For such purposes, the City will act as "State Transportation
Department" and FDOT as "Division Administrator" as defined in 23 C.F.R. §635.102.
City of Cape Canaveral
Resolution No. 2014-18
Page 1 of 3
I
Section 4. Contract Time. The City will follow the guidelines detailed in Exhibit "B" when
establishing a contract time for all federally funded transportation projects. Contract time
extensions shall be subject to the concurrence of FDOT and shall be considered in determining the
amount of federal participation. Contract time extensions submitted for approval to FDOT shall be
fully justified and adequately documented.
Section 5. Engineer's Estimate. The City will comply with the requirements of 23 C.F.R.
§§201-205 on all federally funded transportation projects for the preparation of engineer's
estimates as detailed in Exhibit "C". The City maintains continuing service contracts with a
number of consultants to develop engineer's estimates: these service contracts do not expire until
mid-2016 and may be extended for an additional five years.
Section 6. Warranty Clauses. The City will comply with the requirements of 23 C.F.R.
§635.413 on all federally funded transportation projects for warranty clauses as detailed in Exhibit
"D". The warranty will begin the day after final acceptance is awarded.
Section 7. Fair, Open and Competitive Selection of Oualified Consultants. In accordance
with 40 U.S.C. §§1101-1104 ("Brooks Act") and other federal regulations, the City will not use
local preference criteria in awarding contracts for federally funded transportation projects.
Section 8. Approval,Authorization and Execution of Standard LAP Agreement. The City
hereby authorizes the City Manager to execute and deliver on behalf of the City a standard LAP
agreement between the City and FDOT with such changes, insertions and additions as he may
approve,their execution thereof being conclusive evidence of such approval.
Section 9. Authorization of Other Documents to Effect Transactions. To the extent that
other documents, including but not limited to, notices, opinions or other items are needed to effect
any transactions referenced in this Resolution, the City Manager is hereby authorized to execute
and deliver such documents, opinions or other items and to take such actions as are necessary for
the full, punctual and complete performance of the agreements, provisions or other items as are
contained herein by reference.
Section 10. Repeal of Prior inconsistent Resolutions. All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of the conflict.
Section 11. Severability. If any section, subsection, sentence, clause, phrase, word or portion of
this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 12. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Resolution No. 201418
Page 2 of 3
ADOPTED in regular meeting of the City Council of the City of Cape Canaveral, Florida, this 15`h
day of July, 2014.
'C: 49 ci -N.N G...c..0...f4,,a,
Rocky Randels, Mayor
ATTEST: 11 ,,
1
Ang la Appgrso i9ile t:',
City Clerk. ' . YI
. r,' Name For Against
'''4 t 2'' John Bond Motion
Robert Hoog Second _ _
Buzz Petsos X _
'': r'f ,,. • Rocky Randels X
*j.if(>', ; ,`:4_ Betty Walsh g
'RLYtt 44\ice'
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of(,ape Canaveral
Resolution No.2014-18
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