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State of Florida Department of Transportation 525-DID- 40
LOCAL AGENCY PROGRAM AGREEMENT 00N0 C°;;/03
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FPN No Fund : FLAIR Approi3 :
Federal No : Org . Code : FLAIR Obj . :
FPN No Fund : FLAIR Approp :
Federal No: Org , Code : FLAIR Obj . :
County No. Contract No : Vendor No . :
Catalog of Federal Domestic Assistance ( CFDA) : 20 .205 Highway Planning and Construction
THIS AGREEMENT , made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION , an aclencv of the State of Florida ,
hereinafter called the Department, and Tndian River County , Florida
hereinafter called the Agency.
WITNESSETH :
WHEREAS , the Agency has the authority to enter into said Agreement and to undertake the project iereinafter described ,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334 . 044 , Florida
Statutes to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants , promises and representations herein , t e parties agree as
follows :
1 .00 Purpose of Agreement : The purpose of this Agreement is to provide for the Department's participation in
FM # 4140681 and .as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the terms
and conditions upon which such assistance will-be provided and the understandings as to the mann rin which the project
will be undertaken and completed .
1 .01 Modifications and Additions : Exhibits ) A , B are attached hereto and by this referenca. made a part hereof.
2. 00 Accomplishment of the Project:
2 . 01 General Requirements : The Agency shall commence , and complete the project as described in EXHIBIT "A" with
all practical dispatch , in a sound , economical , and efficient manner, and in accordance with the provisions herein , and all
applicable laws . The project will be performed in accordance with all applicable Department procedL res , guidelines ,
manuals , standards, and directives as described in the Department's Local Agency Program Manual which by this
reference is made a part hereof as if fully set forth herein .
A full time employee of the Agency , 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 charge of each project.
2 .02 Expiration of Agreement : The Agency agrees to complete the project on or before two years
If the Agency does not complete the project within this time period , this Agreement will expire on the last day of scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in
writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be
considered
termination of the project. The cost of any work performed after the expiration date of the Agreement
will not be
reimbursed by the Department.
2 . 03 Pursuant to Federal , State , and Local Law : In the event that any election , referendum , approval , permit, notice , or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
undertake the project hereunder, or to observe , assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate , as provided by law , all actions necessary with respect to any such matters so requisite .
2 .04 Funds of the Agency : The Agency shall initiate and prosecute to completion all proceedings necessary , including
Federal -aid requirements , to enable the Agency to provide the necessary funds for completion of thE project.
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2 .05 Submission of Proceedings , Contracts , and Other Documents : The Agency shall submit to the Department
such data, reports , records , contracts , and other documents relating to the project as the Department and the Federal
Highway Administration may require .
3 .00 Project Cost:
3 .01 Total Cost : The estimated total cost of the project is $ 211 1 800 . 00 This amount is based upon
the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees
to
bear all expenses in excess of the total cost of the project and any deficits involved . The schedule of funding
may be
modified by mutual agreement as provided for in paragraph 4 . 00 of this agreement.
3 .02 Department Participation : The Department agrees to participate , including contingencies , in the project cost to the
extent provided in Exhibit "B" . This amount includes Federal-aid funds which are limited to the actual amount of
Federal-aid participation .
3 .03 Limits on Department Funds : 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:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled
b ) Availability of funds as stated in paragraphs 3 . 04 and 3 .05 of this Agreement;
c) Approval of all plans , specifications , contracts or other obligating documents and all other terms of this Agreement;
d ) Department approval of the project scope and budget at the time appropriation authority becomes available .
3 .04 Appropriation of Funds : 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-Departmerffs=Comptroller must-be received--each-ftscal-yearlm for 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 Agency, in writing , when funds are
available .
3 .05 Multi -Year Commitment: 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 contractor 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. "
3 .06 Notice to Proceed : No cost may be incurred under this contract until the Agency has received a Notice to Proceed
from the Department.
3 .07 Limits on Federal Participation : Federal -aid funds shall not participate in any cost which is not incurred in
conformity with applicable federal and state law, the regulations in 23 C . F . R. and 49 C . F . R. , and policies and procedures
prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost. (23 CFR 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 , the Department shall
notify the Agency 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
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For any amounts determined to be ineligible for federal reimbursement for which the Department has vanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice .
4. 00 Project Estimate and Disbursement Schedule : Prior to the execution of this Agreement, a project schedule of
funding , shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding , carry out the project and shall incur obligations against and make disbursements of project fur ds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency . If revised , a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-Aid Program Office . No increase or decrease shall be effective
unless it complies with fund participation requirements established in Exhibit " B" of this Agreement and is approved by the
Department's Comptroller.
5 .00 Records :
5 .01 Establishment and Maintenance of Accounting Records : Records of costs incurred under 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( 5) years after final payment is made . Copies of these documents and records shall be furnished
to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the
project records , together with supporting documents and records , of the Agency and all subcontractors performing work
on the project and all other records of the Agency and subcontractors considered necessary by the Department for a
proper audit of costs . If any litigation , claim , or audit is started before the expiration of the five (5 ) year period , the records
shall be retained until all litigation , claims , or audit findings involving the records have been resolved .
5 . 02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project.
Costs in excess of the latest approved schedule of funding or attributable to actions which have not rec ived the required
approval of the Department shall not be considered eligible costs .
5 . 03 Documentation of Project Costs : All costs charged to the project, including any approved services contributed by
the Agency 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 .
5 .04 Audit Reports : Recipients of Federal and State funds are to have audits done annually using the following criteria :
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award
number and year, and name of the awarding federal agency . State awards will be identified using t e Catalog of State
Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency.
In the event that a recipient expends $ 300 , 000 or more in federal awards in its fiscal year, the recipient must have a single
or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB)
Circular A -133 .
If a recipient expends less than $ 300 , 000 in federal awards during its fiscal year, an audit conducted in accordance with
the OMB Circular A-133 is not required . If a recipient expends less than $ 300 , 000 in federal awards during its fiscal year
and elects to have an audit conducted in accordance with OMB Circular A-133 , the cost of the audit must be paid from
non-federal funds .
Reporting Packages and management letters generated from audits conducted in accordance with OM 3 Circular
A -133 shall be submitted to the awarding FDOT office , by the recipient, within 30 days of receiving it. I he aforementioned
items are to be received by the appropriate FDOT office no later than 9 months after the end of the reci Dient' s fiscal year.
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The recipient shall follow up and take corrective action on audit findings . Preparation of a summary schedule of prior year
audit findings , including corrective action and current status of the audit finding is required . Current year audit findings
require corrective action and status of finding .
Records related to unresolved audit findings , appeals , or litigation shall be retained until the action is completed or the
dispute is resolved . Access to project records and audit work papers shall be given to the FDOT , the Comptroller, and
the Office of the Auditor General .
The recipient shall submit required audit documentation as follows :
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A -133 shall
be sent to :
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson , IN 47132
5 .05 Inspection : The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship , materials ,
payrolls , records and to audit the books , records and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor 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 in conjunction with this Agreement.
(Section 287 . 058 ( 1 ) (c) , Florida Statutes)
5 .06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of
way , the Agency 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 CFR 24 , Appendix B and be submitted to the Department
no later than October 15 each year.
6 . 00 Requisitions and Payments : Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287 . 058 ( 1 ) (a) , Florida
Statutes)
All recipients of funds from this agreement, including those contracted by the Agency , must submit bills for any travel
expenses , when authorized by the terms of this agreement, in accordance with Section 112 . 061 Florida Statutes and
Chapter 3-Travel of the Department' s Disbursement Operations Manual , Topic 350-030400 .
( Section 287 . 058 ( 1 ) (b) , Florida Statutes)
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 Agency owing such amount if, upon demand , payment of the amount is not made
within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach
of contract by the Department.
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7 .00 The Department's Obligations : Subject to other provisions hereof, the Department will honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out
of the. project and payment of the eligible costs . However, notwithstanding any other provision of this Agreement, the
Department may elect, by notice in writing , not to make a payment if:
7 .01 Misrepresentation : The Agency shall have made misrepresentation of a material nature in its a Dplication , or any
supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant
hereto ;
7 .02 Litigation : There is then pending litigation with respect to the performance by the Agency of an of its duties or
obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project;
7 .03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved ;
7 .04 Conflict of Interests : There has been any violation of the conflict of interest provisions contained herein in 12 . 06 ; or
7 .05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7 . 06 Federal Participation : The Department may suspend or terminate payment for that portion oft a project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid .
7 . 07 Disallowed Costs : In determining the amount of the payment, the Department will exclude all p oject costs incurred
by the Agency prior to the effective date of this Agreement or the date of authorization , costs incurred after the expiration
of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, 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 .08 Final Invoices : The Agency must submit the final invoice on the project to the Department withi one hundred twenty
( 120) days after the completion of the project. Invoices submitted after the one hundred twenty ( 120) Jay time period may
not be paid .
8 .00 Termination or Suspension of Project:
8 .01 Termination or Suspension Generally : The Department may , by written notice to the Agency , suspend any or all of
its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected , or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination .
If the Department determines that the performance of the Agency is not satisfactory , the Department shall have the option
of (a) immediately terminating this Agreement or ( b) suspending this Agreement and notifying the Ag ncy of the deficiency
with a requirement that the deficiency be corrected within a specified time , otherwise the Agreemen will be terminated at
the end of such time . Suspension of the contract will not affect the time period for completion of this greement.
If the Department requires termination of this Agreement for reasons other than unsatisfactory perfor nance of the Agency ,
the Department shall notify the Agency of such termination , with instructions as to the effective ate of termination
or
specify the stage of work at which this Agreement is terminated .
If this Agreement is terminated before performance is completed , the Agency shall be paid for the wok satisfactorily
performed . Payment is to be on the basis of substantiated costs .
8 . 02 Action Subsequent to Notice of Termination or Suspension . Upon receipt of any final termination or suspension
notice under this paragraph , the Agency shall proceed promptly to carry out the actions required ther in which may
include any or all of the following : (a) necessary action to terminate or suspend , as the case may be , roject activities and
contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which
the financing is to be computed ; (b) furnish a statement of the project activities and contracts , and ott er undertakings the
cost of which are otherwise includable as project costs . The termination or suspension shall be carrieJ out in conformity
with the latest schedule , plan , and costs approved by the Department or upon the basis of terms and onditions
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imposed by the Department upon the failure of the Agency to furnish the schedule , plan , and estimate within a reasonable
time . The closing out of federal financial participation in the project shall not constitute a waiver of any claim
which the
Department may otherwise have arising out of this Agreement.
9 .00 Contracts of the Agency:
9 .01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency 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 unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same .
9 . 02 Compliance with Consultants ' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency , where said project involves a consultant contract for
engineering , architecture or surveying services , is contingent on the Agency complying in full with provisions of Section
287 . 055 , Florida Statutes , Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all projects . In all cases , the Agency's attorney shall
certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
10 .00 Disadvantaged Business Enterprise ( DBE) Policy and Obligation :
10 . 01 DBE Policy : It is the policy of the Department that disadvantaged business enterprises , 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 regulations apply to
this Agreement.
10 .02 DBE Obligation : The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as
defined in applicable federal and state regulations , have the opportunity to participate in the performance of contracts and
this Agreement. In this regard , all recipients and contractors shall take all necessary and reasonable steps in accordance
with applicable federal and state regulations , to ensure that the Disadvantaged Business Enterprises have the opportunity
to compete for and perform contracts . The Agency shall not discriminate on the basis of race , color, national origin or sex
in the award and performance of Department assisted contracts .
10 .03 Disadvantaged Business Enterprise (DBE) Obligations : If Federal Transit Administration or FHWA Funding is a
part of this project, the Agency must comply with applicable federal and state regulations .
11 . 00 Certification Regarding Debarment, Suspension , Ineligibility, and Voluntary Exclusion (Applicable to all
federal -aid contracts — 49 CFR 29 )
By signing and submitting this Agreement, the Agency is providing the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation
in
this covered transaction . The Agency shall submit an explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with the Department's determination whether to enter
into this transaction . However, failure of the Agency to furnish a certification or an explanation shall disqualify
the
Agency from participation in this transaction .
The certification in this clause is a material representation of fact upon which reliance was placed when the Department
determined to enter into this transaction . If it is later determined that the Agency knowingly rendered an erroneous
certification , in addition to other remedies available , the Department may terminate this transaction for cause of default.
The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances . The terms
" covered
"debarred , " " suspended , " ineligible , " " lower tier covered transaction , " " participant, " "person , " primary covered transaction , "
" principal , " " proposal , " and "voluntarily excluded , " as used in this clause , have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a
copy of those regulations .
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The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person
who is debarred , suspended , declared ineligible , or voluntarily excluded from participation in this covered transaction
,
unless authorized by the Department.
The Agency further agrees by submitting this Agreement that it will include the clause titled " Certification Regarding
Debarment, Suspension , Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction , " provide by the
Department, without modification , in all contracts and in all solicitations for contracts . .
The Agency may rely upon a certification of a prospective sub-contractor that the person or entitV is not
debarred ,
suspended , ineligible , or voluntarily excluded from the covered transaction , unless it knows that the certification
is
erroneous . The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors .
The Agency may , but is not required to , check the nonprocurement portion of the " Lists of Parties Excluded From Federal
Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services
Administration .
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
in good faith the certification required by this clause . The knowledge and information of the Agency is not required
to
exceed that which is normally processed by a prudent person in the ordinary course of business dealings .
Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended ,
debarred , ineligible , or voluntarily excluded from participation in this transaction , in addition to other remedies available
,
the Department may terminate this agreement for cause or default.
Certification Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion :
The Agency certifies , by execution of this Agreement, that neither it nor its principals is presently de arred , suspended
,
proposed for debarment, declared ineligible , or voluntarily excluded from participation in this transaction by any Federal
department or agency .
Where the Agency is unable to certify to any of the statements above , an explanation shall be attached to this
proposal .
12 .00 Restrictions , Prohibitions , Controls , and Labor Provisions :
12.01 Equal Employment Opportunity : In connection with the performance of any project, the Agency shall
not
discriminate against any employee or applicant for employment because of race , age , religion , color, sex, national origin ,
disability or marital status . The Agency will take affirmative action to ensure that applicants are employed
and that
employees are treated during employment without regard to their race , age , religion , color, genc er, national
origin ,
disability or marital status . Such action shall include , but not be limited to , the following : empl
yment upgrading ,
demotion , or transfer; recruitment or recruitment advertising ; layoff or termination ; rates of pay or
other forms of
compensation ; and selection for training , including apprenticeship . The Agency shall insert the foregoing provision in all
contracts modified only to show the particular contractual relationship in all its contracts in
connection with the
development of operation of the project, except contracts for the standard commercial supplies or raw materials , and shall
require all such contractors to insert a similar provision in all subcontracts , except subcontracts for s andard commercial
supplies or raw materials . When the project involves installation , construction , demolition , removal , s to improvement, or
similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for
project work, notices to be provided by the Department setting forth the provisions of the nondiscriminal ion clause .
12 . 02 Title VI - Civil Rights Act of 1964 : The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964 (42 U . S . C . 2000d) , the Regulations of the Federal Department of Transportation issued
thereunder, and the assurance by the Agency pursuant thereto .
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964 , 49 C . F . R . , Part 21 , and related statutes and regulations .
12 . 03 Americans with Disabilities Act of 1990 (ADA) : The Agency will comply with all the requireme its as imposed by
the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto .
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12. 04 Public Entity Crime : 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.
12.05 Discrimination : In accordance with Section 287 . 134 , Florida Statutes , an entity or affiliate who has been placed on
the Discriminatory Vendor List, maintained 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 .
12.06 Prohibited Interests : Neither the Agency 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 Agency or the locality during his tenure , or for two years
thereafter, has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired any such interest prior to the beginning of his tenure , and if such interest is immediately
disclosed to the Agency , the Agency with prior approval of the Department may waive the prohibition contained in this
subsection , provided , that any such present member, officer or employee shall not participate in any action by the Agency
or the locality relating to such contract, subcontract, or arrangement.
The Agency 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 it's subcontracts , the following provision :
"No member, officer or employee of the Agency or of the locality during his tenure , or for two years thereafter,
shall have any interest, direct or indirect, in this contract or the proceeds thereof. "
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories ,
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency .
12.07 Interest of Members of or Delegate to , Congress : No member of or delegate to the Congress of the United
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom .
13 . 00 Miscellaneous Provisions :
13 . 01 Environmental Regulations : The Agency will be solely responsible for compliance with all applicable
environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the
Department for any loss incurred in connection therewith . The Agency will be responsible for securing any applicable
permits .
13 . 02 Department Not Obligated to Third Parties : The Department shall not be obligated or liable hereunder to any
party other than the Agency .
13 . 03 When Rights and Remedies Not Waived : In no event shall the making by the Department of any payment to the
Agency 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 Agency 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.
13 . 04 How Agreement Is Affected by Provisions Being Held Invalid : 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.
13 . 05 Bonus or Commission : By execution of the Agreement, the Agency represents that it has not paid and , also ,
agrees not to pay , any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
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13 . 06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
thereof, perform any other act or do any other thing in contravention of any applicable state law, provided , that if any of the
provisions of the Agreement violate any applicable state law, the Agency will at once notify the DepartrT ent in writing in
order that appropriate changes and modifications may be made by the Department and the Agency tote end that the
Agency may proceed as soon as possible with the project.
13 .07 Contractual Indemnity : To the extent permitted by law, the Agency shall indemnify , defe d , save , and
hold
harmless the Department and all its officers , agents and employees from any claim , loss , damage , cost, charge
or
expense arising out of any act, error, omission or negligent act by the Agency , its officers , agents oremployees during the
performance of the Agreement except that neither the Agency , its officers , agents or its employees will be liable under this
paragraph for any claim , loss , damage , cost, charge or expense arising out of any act, error, omission or negligent act by
the Department or any of its officers , agents or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by he Agency
in the
performance of services required under this Agreement, the Department will immediately forward the cl im to the Agency .
The Agency and the Department will evaluate the claim and report their findings to each other within 1 working days and
will jointly discuss options in defending the claim . After reviewing the claim , the Department will de ermine whether
to
require the participation of the Agency in the defense of the claim or to require the Agency defend the epartment in such
claim as described in this section . The Department's failure to promptly notify the Agency of a claim shall not
act as a
waiver of any right herein to require the participation in or defense of the claim by the Agency . The Department and
the
Agency will each pay its own expenses for the evaluation , settlement negotiations , and trial , if any . H wever, if
only one
party participates in the defense of the claim at trial , that party is responsible for all expenses at trial .
The parties agree that this clause shall not waive the benefits or provisions of Section 768 .28 , Florida Statutes , or any
similar provision of law.
13 .08 Plans and Specifications : In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System , the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency written approval
with any approved portions of the project and comments or recommendations covering any remainder of the project
deemed appropriate . After resolution of these comments and recommendations to the Department's satisfaction , the
Department will issue to the Agency written approval regarding the remainder of the project. Failure to Dbtain this written
approval shall be sufficient cause for nonpayment by the Department.
13 .09 Right of Way Certification : Upon completion of right of way activities on the project, the Agenc must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right of way is required .
13 . 10 Agency Certification : The Agency will certify in writing , prior to project closeout, that the projec was completed
in accordance with applicable plans and specifications , is in place on the Agency facility , that adequate title is in the
Agency , and that the project is accepted by the Agency as suitable for the intended purpose.
13 . 11 Agreement Format: All words used herein in the singular form shall extend to and include the p ural . All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders .
13 . 12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts ,
each of which so executed shall be deemed to be an original , and such counterparts together shall constitute one in the
same instrument.
13 . 13 Restrictions on Lobbying :
Federal : The Agency agrees that no federally appropriated funds have been paid , or will be paid by or on behalf of the
Agency , to any person for influencing or attempting to influence any officer or employee of any federal agency , a member
of Congress an officer or employee of Congress , or an employee of a member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan , the entering into of any
cooperative agreement, and the extension , continuation , renewal , amendment or modification of any federal contract,
grant, loan , or cooperative aqreement.
525010.40
CONSTRUCTION
OGC - 11/03
Page 10 of 12
If any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency , a member of Congress , an officer or employee of
Congress , or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying , " in accordance with its instructions.
The Agency shall require that the language of this section 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 .
State : No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency .
13 . 14 Maintenance : The Agency agrees to maintain any project not on the State Highway System , c ns rutted under
this Agreement. If the Agency constructs any improvement on Department right-of-way , the Agency will O will not
maintain the improvements made for their useful life .
13 . 15 Vendors Rights : Vendors (in this document identified as Agency) providing goods and services to the Department
should be aware of the following time frames . Upon receipt, the Department has five 5 working days to inspect and
approve the goods and services unless the bid specifications , purchase order, or contract specifies otherwise . The
Department has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial
Services . The twenty (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 forty (40) days after receipt of the invoice and receipt, inspection , and
approval of
goods and services , a separate interest penalty in accordance with Section 215 .422 (3)(b) , Florida Statutes , will be due and
payable , in addition to the invoice amount to the Agency . Interest penalties of less than one dollar ($ 1 ) will not be enforced
unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency 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 Florida 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 the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's
Hotline at 1 -800-848-3792 .
IN WITNESS WHEREOF , the parties have caused these presents to be executed the day and year first above written .
AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
(1,
B
By :
By :
Title : Arthur R . Neubeerger , Vi e hai rman Title :
Attest: Attest:
Title : Title :
As to form : As to form :
LIU1
Attorney District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
t
525-D1 D40
CONSTRUCTION
OGC - 11/03
Pape 11 of 12
FPN NO .
EXHIBIT A
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida , Department of
Transportation and
Tndian River county , Florida
Dated
PROJECT LOCATION :
The project 0 is Q is not on the National Highway System .
The project 0 is Q is not on the State Highway System ,
PROJECT DESCRIPTION
Construct an eight foot sidewalk on the south side of
County Road 512 from Myrtle St . to Cypress St . This project
is located in the City of Fellsmere .
SPECIAL CONSIDERATION BY AGENCY :
SPECIAL CONSIDERATION BY DEPARTMENT:
f
525-010.40
CONSTRUCTION
OGC - 11 /03
Page 12 of 12
AGENCY NAME & BILLING ADDRESS FPN . NO.
BTAIE OF fLQ�aM OlPMT1lNi OF 1MNlPOIITAi%1N
LOCAL AGENCY PROGRAM
AGREEMENT
EXHIBIT 'S"
SCHEDULE OF FUNDING
PROJECT DESCRIPTION
Name
FM # 4140681 Construct sidewalk on Fellsmere Rd / CR5 ]Lagth 0 . 3 miles
Termini Fellsmere Rd . from Myrtle Street to Cypress Street
FUNDING
( 1 ) (2) (3)
TOTAL AGENCY STATE &
TYPE OF WORK bv Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS
P.E. 2003-2004
2004-2005 000
00
_.�
2005-2006
Total PE 10 , 000 0 0 161 000 AV $0.00 $0 .00
Right-of-Way 2003-2004
2004-2005
2005-2006
Total Right-of-Way Cost n $0.00 $0 .00 $0.00 .
Construction 2003-2004 199
2004-2005 r
2005-2006
2006-2007
Total Contract Costs $0 .00 $0.00 $0 .00
Construction Engineering and Inspection
2003-2004 --2 u o u=
2004-2005 1 UQ
2005-2005
2 000 ose" $0.00 $0 .00
Total Construction Enpineering �� � r� /�i r) r) `� nn
Total Construction Cost 2 01 1 8 0 0 . 0 0 201 1 800 ." $0.00 $0 .00
ESTIMATED TOTAL COST OF THE $0 , 00 $ 0 . 00
PROJECT 21l r 800 ' 00 211 1 806969.
The Department's fiscal year begins on July 1 . For this project, funds are not projected to be available until after 1st each fiscal year.
The Department will notify the Agency, In writing, when funds are available.
1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
APPLICATION FOR TRANSPORTATION
ENHANCEMENT PROJECTS Page 2
Project Title . FELLSMERE ROAD SIDEWALK, PHASE II - CYPRESS STREET TO MYRTLE TREET
Project Sponsor ( municipal , county , state, or federal agency , or tribal council ) :
INDIAN RIVER COUNTY
Contact James W . Davis , P . E . , Title Public Works Director
Address 1840 25u' Street, Vero Beach, Fl . 32960
Phone 772 - 567- 8000 FAX 772 - 778 - 9391
Priority (relative to other applications submitted by the Project Sponsor) .
Name of Applicant (If other than Project Sponsor):
1 , Qualifying Enhancement Activities :
Check the enhancement activity, which the proposed project will address . (NOTE : Checking all activities possible does
not ensure or increase eligibility . Each activity checked must meet all criteria listed for that activity in Appendix A of
FDOT Procedure = 525 - 030- 300 , Transportation Enhancement Projects) .
® Provision of facilities for pedestrians and bicycles.
® Provision of safety and educational activities for pedestrians and bicyclists .
❑ Acquisition of scenic easements and scenic or historic sites.
❑ Scenic or historic highway programs, (including the provision of tourist and welcome center
facilities
® Landscaping and other scenic beautification.
❑ Historic preservation .
❑ Rehabilitation and operation of historic transportation buildings , structures or acilities (including
historic railroad facilities and canals.
❑ Preservation of abandoned railwav corridors (including the conversion and use thereof for edestrian or bicN cle trails. )
® Control and removal of outdoor advertising .
❑ Archaeological planning and research .
❑ Environmental mitigation to address water pollution due to highway runoff or reduce, vehi le- caused wildlife
mortality while maintaining habitat connectivity .
0 Establishment of transportation museums.
100 '
EX/SRAW R W
' 500
50
35 15 ' 15 ' 26 of
OPOSED
EX/ST. PA T EX/ST. PAV T R SWALE AR£A0F 8 KE PATH
(WHERE NECESSARY)
It
21 I I �4
- - - - - - - - - - - - - - - 1 - - - - - - - - - - - - - - -
TYPICAL
ROAD SECT/ON O
FEZ LSMERE ROAD
AGENCY : IND/AN R/ VER COUNTY, FL . FELL SMERE ROA D
PUBLIC WORKS DEPT./ENG/NEER/NG D/ i! BAKE. PSI TH PHASE II
DATE: 8/5/04 DRAWN BY: R. S. DEXTER
SCALE: APPROVED BY: Tr
PICAL SECT/ON
1 "= f0 ' M. A. GENT/LE
SHEET: �. R. C. PROJECT ,)0382
1 OF 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575095-09
LOCAL AGENCY PROGRAM/FDOT NO ADDITIONAL RIGHT OF WAY CERTIFICATION RIGHT OF WAY
wo1
R/W ITEM/SEGMENT NO . : MANAGING DISTRICT :
CONST. ITEM SEGMENT NO . : STATE ROAD :
F .A . P . NO . : DESCRIPTION :
COUNTY: Indian River
PREFERRED LETTING DATE : LOCAL AGENCY : Indian River Count
This is to certify that right of way for the above described project meets the requirements of 49 CFR , Part 24 and 23 CFR ,
Part 635 . 309 , if applicable , as well as statutory and procedural requirements for:
❑ Federal Construction Project ❑ State Highway System Project
❑ Non -federal Construction Project Non -State Highway System Project
❑ Scenic Enhancement Project ( no construction )
as detailed below : (Check applicable items)
1 . TITLE TO RIGHT OF WAY
® No additional right of way was required for this project.
2 . RELOCATION ASSISTANCE
❑X No persons , businesses , or personal property have been or will be displaced by this pr ject.
3 . DEMOLITION OF IMPROVEMENTS
® No structures or improvements have been or will be removed from the right of way for this project.
RIGHT OF WAY CERTIFICATION BY THE AUTHORIZED LOCAL AGENCY REPRESENTATIVE :
Name (printed) : Date
Title : Ctir � ti � vtZ� leyr:.2 `xiy� 11C�• ( \ lQ,
Agency�� Qt.
RIGHT OF WAY CERTIFICATION BY :
District Right of Way Manager Date
_ Assistant District Right of Way Manager
C W K
s
Chu
B£G/N PRO✓EC7 I gm
School
E PR EC
7
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AGENCY : /ND/AN RIVER COUNTY, FL .
PURL/C WORKS DEPT./ENG/NEER/NG DIV FEL L SIVEiQE fr OA D
DATE: 8/5104 DRAWN BY: R. S. DEXTER B/KE PA TH PHASE H
SCALE: APPROVED BY:
SHEET: z
1 " 1000 ' M. A. GENT/LE R. C. PROJECT #OJ 92
1 OF 1
I I
r
Page 2 of 3
2. Project Description : Ps°
Use additional sheets as necessary to respond to the following :
(a) What type of work is being proposed? (check all that apply)
❑ Planning activities
❑ Project development and Environmental Studies
® Engineering and Final Plans Preparation Work.
❑ Right of Wa% Acquisition .
® Construction.
® Construction Engineering and Inspection Activities .
(b) Describe how the proposed project relates to surface transportation such. as by function, proximity or
impact. (One or more may apply) .
(c) Where is the project located ( and what are the termini, if appropriate ) ? Include location map .
(d) Summarize any special characteristics of project. Provide typical section drawings for appropriate projects .
(e) Describe the Project's existing right of way ownerships . This description shall identi 1 when the right of way
way was acquired and how ownership is documented (i . e . plats, deeds, prescriptions , certified surveys ) .
( f) Describe any proposed right of way acquisition, including expected matching fund source, limitations or
fund use or availability, and who will acquire and retain ownership of proposed right of way.
(g) Describe any related project work phases that are already complete or currently underway.
(h) Other specific project information that should be considered.
3 . Project Implementation Information :
Attach documentation as exhibits to this application.
(a) Describe the proposed method of performing (i. e . contract or in-house ) and adminis '
ering ( i . e . local or
State) each work phase of the project. If it is proposed that the project be administer d by a governmental
entity other than the Department of Transportation, document that this entity has the fiscal, managerial ,
environmental and engineering capabilities to manage the work phase of the project consistent with federal
requirements .
( b ) Describe any public (and private, if applicable) support of the proposed project. (Examples include :
written endorsement, formal declaration, resolution, financial donations or other appropriate means)
(c) Describe the proposed ownership and maintenance responsibilities for the project when it is completed,
(d) Describe source of matching funds and any restrictions on availability .
(e) Other specific implementation information that should be considered .
t
Page 3 of ?
4 . Project Cost :
What is the total estimated cost of the work re -quested to be funded as an enhancement project through this
application ?
Planning Activities . S
Project Development and Environmental Studies . $
Engineering and Final Plans Preparation Work $ 12 , 000
Right of Way Acquisition . S
Construction . S 196 , 810
Construction Engineering and Inspection Activities . S
Other. (Describe ) S
TOTAL :
S2089810
How will the project be funded ?
FDOT Enhancement Funds $ + Local $ - Total $
FDOT Enhancement Funds % 1 Local % = 100%
CERTIFICATION OF PROJECT SPONSOR
I hereby certiN that the proposed project herein described is supported by Indian River County
(municipal , county , state or federal agency, or tribal council )
and that said entity will : ( 1 ) provide any required funding match; (2) enter into a maintenance agreement, with the Florida
Department of Transportation; (3 ) comply with the Federal Uniform, Relocation Assistance and Acquisition Policies Ac : for
any Right of Way actions required for the project, and (4 ) support other actions necessary to fully implement the proposed
project. I further certify that the estimated costs included herein are reasonable and understand that significant increases , in
these costs could cause the project to be removed from the Florida Department of Transportation work- program .
Signature
James W . Davis
Name (please type or print)
Public Works Director
Title
MZY 16 , 2002
Date
FOR FDOT USE ONLY
YES N
` Application Complete
Project Eligible
Implementation Feasible
Include in Work Program
FELLSMERE ROAD SIDEWALK, PHASE I
CYPRESS STREET TO MYRTLE STREET
ATTACHMENT "A"
2 . Project Description :
a. Construction
b . Project will provide a safe walking path for pedestrians to access Public elementary
school , thereby reducing automotive vehicular trips on CR512 .
c . Project is located along CR512 (Fellsmere Road) between Cypress St. and Myrtle St , in
the City of Fellsmere . ( See Exhibit "A")
d . Special Characteristics — Project will extend an existing path. ( See Exhibit `B")
e . County currently has sufficient right-of-way since an existing ditch will be culverted
south of Fellsmere Road as part of the project. The right-of-way was acquired by
FDOT more than twenty years ago .
f. No right-of-way acquisition needed.
g. Phase I to construct the path east of Cypress Street was just completed March 2002 .
h. None .
EXHIBIT " A"
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U'LL
I ' r000 '
JD DO . � m E
F on HF mi
i ChuF!I
i
BEGIN PROJ£C ___-- .:::_::::.::.-__.:::. ; ... ..
School
_ 3 END PROJECT
E .DDDDOLO F
I . .
_ . _ . D E_ -
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17
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I
AGENCY : /ND/AN RIVER COUNTY, FL .
PURL /C WORKS DEPT./ENG/NEER/NG DIV FEL L SIVERE I?D0
DATE : DRAWN BY:9/2/99 M. J. Y"=INA
SCALE : APPROVED BY: A T11
1 . 1000 R. S. SKOfK
SHEET:
1 OF 1
I I
100 ' R / W w
\ 30 '
v
EXISTING
PAVEMENT
q PROP. 20 ' 8 ' Q
SWALE PROP. r
?% S/DEWA LK
4.• 1 MAX.
AGENCY : /ND/AN RIViR COUNTY, R .
PURL /C WORKS DEPT./ENG/NEER/NG D/ I! FEL L SUE/4'E RD,
DATE : DRAWN BY:
4/23/02 K. P. HANSEN ��, Q�SED
; GALE : APPROVED BY: /
N. T. S. R. S. SKOK
HF---T
1 OF 1 SIDAFWAZff
.;
i
� I
RESOLUTION NO * 2004- 097
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A
LOCAL AGENCY PROGRAM AGREEMENT FOR THE FELLSMERE ROAD (CR
512) BIKE PATH/SIDEWALK, BETWEEN MYRTLE STREET AND CYPRESS
STREET, WITH THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, AND PROVIDING FOR AN EFFECTIVE DATE .
WHEREAS , the State of Florida, Department of Transpor ation and
Indian River County desire to facilitate the construction of the Fellsmere Road (CR 512)
Bike Path/Sidewalk; and
WHEREAS , the State of Florida, Department of Transportation, has
requested Indian River County execute and deliver to the State of Florida, Department of
Transportation, a Local Agency Program Agreement for the aforementioned project;
NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the
Chairman of the Board is hereby authorized to make, execute, and deliver tote State of
Florida, Department of Transportation, a Local Agency Program Agreement for the
aforementioned project.
The foregoing resolution was offered by Commissioner Adams
who moved its adoption. The motion was seconded by Commissioner Lowther
and, upon being put to a vote, the vote was as follows :
Chairman Caroline D . Ginn Absent
Vice-Chairman Arthur R. Neuberger Aye
Commissioner Fran B . Adams Aye
Commissioner Thomas S . Lowther Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution passed and adopted this
14th day of September 32004
BOARD OF COUNTY COMMISSSIONERS
OF INDIAN RIVER COUNTY, FLORID
By ()A
Arthur R . Ned,50erger , V ce hairman
Attest : ? t
s die Jeffrey K. Barton, Clerk
lie By:
ounty Attorney Deputy Clerk
Approved as to Form and Legal Sufficiency
FAEngineering\Capital Projects\0382 Fellsmere Bike Path-Sidewalk\0382 Fellsmere Bikepath-sidewalk Resolution-07-2 -04-mag.doc
r
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-30
FEDERAL-AID PROJECT FUNDING REQUEST CONSTRUCTION
013/00
Page 1 of 2
DATE: .7 / 21 / 04
AGENCY: Indian River County FEDERAL-AID PROJECT NUMBER : 230888 - 1 - 54 - 01
FIN NUMBER: STATE JOB NUMBER: TIP PAGE NO . :
PROJECT TITLE: Fellsmere Bikepath Phase II
PROJECT TERMINI FROM : Myrtle Street TO : Cypress St .
WORK PHASE : ❑ PLANNING ❑ ENVIRONMENT ❑ DESIGN 0 CONSTRUCTION ❑ RIGHT OF WAY
AWARD TYPE : ❑ LOCAL ❑ LOCAL FORCES
ENVIRONMENTAL DOCUMENT : Mark the type of environmental document prepared , indicate the approval date , and the most recent
reevaluation date .
EIS approved on and reevaluated on
EAIFONSI approved on and reevaluated on
Categorical Exclusion :
Programmatic Categorical Exclusion determination on
Type I Categorical Exclusion determination on
Type II Categorical Exclusion approved on
Categorical Exclusion Reevaluation on
TOTAL LOCAL AGENCY STATE PERCENT
PHASE ESTIMATED COS FUNDS FUNDING FEDERAL FUND FEDERAL OBLIGATION DATE
(Nearest Dollar) (Nearest Dollar) (Nearest Dollar) ( Nearest dollar) FUNDS Month / Year
PLANNING
PD & E
DESIGN 10 , 000000 10 , 000 . 0
R/W
CONST. 1201 , 800 . 001 1 2011800 . 0
TOTAL 1211 , 8000001 211 , 800 . 0
DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition )
Roadway Width : 30 ' Number of Lanes : 2
Bridge Number(s ) on Project: N / A
DESCRIPTION OF PROPOSED WORK ❑ New Construction ❑ 3-R ® ENHANCEMENT ❑ CONGESTION MITIGATION
Roadway Width : 3 0 ' Number of Lanes : 2
Bridge Number(s) on Project: N / A
LOCAL AGENCY CONTACT PERSON : Michelle A . Gentile TITLE: Civil Enciineer
MAILING ADDRESS : 1840 25th St . PHONE: ( 772 ) 567 - 8000x128
CITY : Vero Bea ZIP CODE : 321; 6 1
LOC N AN DESI VAL BY: Christopher
(Approving Authority) G
TITLE: County Engineer DATE : 0 -'/'0
525010-30 1
CONSTRUCTION
08!00
Page 2 of 2
AGpn River pROJECTTITLE: Fellsmere Bikepath Phase II DATE: 7 / 21 / 04
G o
ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS :
RIGHT OF WAY AND RELOCATION :
The existing right - of - way is 80 ' wide . No additional
right - of - way is needed .
THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES , OR
ITS DESIGNEE, AND IS NOT INCONSISTENT WITH THE AGENCY' S COMPREHENSIVE PLAN FOR COMMUNITY
_DEC7ELOPMENT7
AGENCY: Indian R ' ver Count
DATE: Spptpmhpr 14 , 2 U BY :
Arthur R . Neuberger , Vice Ch it n
I