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HomeMy WebLinkAbout2006-045RESOLUTION NO. 2006- 045 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A LOCAL AGENCY PROGRAM AGREEMENT FOR THE INDIAN RIVER DRIVE NORTH BIKE PATH/SIDEWALK, BETWEEN NORTH CITY LIMITS OF SEBASTIAN TO ROSELAND ROAD, WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida, Department of Transportation and Indian River County desire to facilitate the construction of the Indian River Drive North 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 to the State of Florida, Department of Transportation, a Local Agency Program Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner Davi s who moved its adoption. The motion was seconded by Commissioner Wheel er and, upon being put to a vote, the vote was as follows: Chairman Arthur R. Neuberger Vice -Chairman Gary C. Wheeler Commissioner Wesley S. Davis Commissioner Thomas S. Lowther Commissioner Sandra L. Bowden Aye Ay e Ay e Ay e Ay e The Chairman thereupon declared the resolution passed and adopted this 4th day of April , 2006. ounty Atte rney Approved as to Form and Legal Sufficiency BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY;;FLORIDA B Attest: Jeffrey K. Barton :C,lerle-A'' By: Rte•. A� Deputy Clerk F:\Engineering\Capital Projects\0202-Indian River Drive Sidewalk-North\0202 Indian River Drive North Sidewalk Resolution-03-16- 06-mag.doc Federal Requirements LAP Checklist for Construction Contracts (Phase 58) 3/1/2006 3:14:36 PM 0 cd (-4 6R 409504-1-3858-01 R COUNTY V, r.-:, AU .m o u E ami a V k !' Reference Construction Contract Documents (Location in Contract) v 4 o > . vo 5 U ca g '° A a F2, ..o� w g District Monitoring Responsibilities UN -' 7 yyOO o °a _ T p gb) 0) 0UU 11. w T T 2 T wg P�. W w R7... W ,a v 20, Local Agency Responsibility bO 43' � ,» . .g v 8 8 T a H 0 R, o ab 0 >as. 4. 0 O ,2 k s 7 q 3 . ' N§ ogN o . � u , n. , o P. �o v" gg U .a p N ? P mEl >c�� c 8 0 ,b U .2 C4[n W at u ,.q 43 b c a N 'n N o5 2 v O .2 d L. a . 51 o ) N a0 ow a.0y a -U m�oa) 4•,fl O 2 o o p, 4) 8 2 LI mOmv.w .U a N.L u) E T To 'o 0 0) m s . I-- s" . 0. i o m .D O v ttl W t d(0 � . • 1 b 774 u, z.l>Ap i� z z a o � Z ? as z c o 111 Z -05(1) X� Reference i. o Fi M bJ 8 ij G W a a 3/1/2006 3:14:36 PM =]p \)/ )\\ a X x a .)<w w Reference Construction Contract Documents (Location in Contract) Page 1, Federal Required Contract provisions, Paragraph 2 Page 19, paragraph 17 and Page P-16 Page 21, Paragraph 21, and page 22, paragraph 22. Page 23, paragraph 25 Page 24, Paragraph 28 District Monitoring Responsibilities Review Local Agency records to ensure the annual audit is in compliance with section 5.04 of the LAP Agreement. Review bid document for inclusion of the provision. Page 102 of CACC manual Review bid document for inclusion of the specification. Page 56 of CACC manual Review bid document for inclusion of the provision. Page 121 of CACC manual Review bid document for inclusion of the provision. Page 126 of CACC manual - Review bid document to ensure exclusion of provision. Page 79 of CACC manual Local Agency Responsibility Local Agencies are to have audits done annually using the criteria outlined in section 5.04 of the LAP Agreement. http://www.dot.state.fl.us/Proj ectMana Tne Local Agency shall certify that Florida DOT Prequalified Contractors will be used to perform LAP projects when on the NHS or SHS. However; when the project is on the NHS or SHS, and the contract is under 8250,000 than a prequalified contractor is not required. Per FDOT Standard Specifications 2-1 Pre. • ification of Bidders. Include FDOTs Supplemental Specification 6-12.2 in bid document. Develop procedures outlining the conditions under which a change order is allowed and include in bid document. May use section 7.3.11 of FDOT CPAM as part of procedure. Develop procedures outlining the conditions under which a claim is allowed and include in bid document. May use section 7.5 of FDOT ' CPAM as a guide in this development. http://www.dot_state.fl.us/construction/rna \ 1 ] \ Non - Federal -aid Highway/ Non -SHS \ / / / / ! / \ ± ::r \ , al / § , ) \ a / / 01 / / \ / I 2 9 \ \ Reference * - 2 ® . / f\ct.\\[\ $3/#}\0 23 CFR 635.410 23 CFR 635.120 0' mm 23 CFR CFR Part 18 49 CFR Section 18.3 Requirement 2. Audits 3. Bonding and prequalification ) / 15. Change Orders E ) • -7�-Contractor------ - Purchased Equipment for State or Local Ownership 3/1/2006 3:14:36 PM ti �R \)\ = ti. 4 ® x w w R Reference Construction Contract Documents (Location in Contract) Page 16, Paragraph 15, Page 24, Paragraph 27 and Page P-18. oo\ \ P. 01 / Page 3, Paragraph 5, Section (2) Page 24, Paragraph 28, Section (2) Not Applicable District Monitoring Responsibilities Review bid document for inclusion of the provision. Page 134 of CACC manual wm\ _ AA D)ƒ ) 0 )®g 0 'T: /) ) �§ \ \)k. 0 (/ Review bid document for inclusion of the provision. Provision in FHWA 1273 Review bid document for inclusion of the proper payment- provision -for --rental- - equipment. Review documents to ensure Compliance Page 89 of CACC manual Local Agency Responsibility The Local Agency shall include certification in bid documents. The Local Agency shall comply with FDOT's DBE program Plan Unless the Local Agency has a DBE Program Plan approved by the USDOT. FDOT currently has a race neutral program with a 7.5% goal. Establish a DBE Availability goal and include in bid document. Include DBE specialprovisions in bid document. Use DBEs certified under the Florida Unified Certification Program Directory: http://www.bipincwebapps.com/biznetflorida/ Include FDOT Special Provisions related to Executive Order 11246. Develop procedure based on 48 CFR 3l and include in bid document. Local Agency will use FDOT Supplemental Specification 6-12.2. and may choose to use FDOT Form 375-020-08. Non- ; Federal -aid Highway/ Non -SHS `t1 (\§ ^[� \ $) '4 ƒ§ cil/ @ Reference \ 23 CFR 230 23 CFR 635.120 _48 CFR 31._. \1:4 Requirement 8. Suspension and Debarment _1 %E \] \ .) ƒ 2=m 10. Equal Employment Opportunity 11. Equipment rental rates 12. Foreign Contractor and Supplier Restriction F:\Engineering\Capital Projects\02021ndianRiverDr.NoConstruction Contract Checklist 2-23-06.doc 3/1/2006 3:14:36 PM t =2 kLo ) ]() j 7 j a w ® w k k k a; x Reference Construction Contraet Documents (Location in Contract) Not applicable Not applicable Page 2, Paragraph 5 Page 23, Paragraph 23 Page 24, Paragraph 29, Section 2 states no hiring preference Page 19, Paragraph 16, Page P-17 Page 2, Paragraph 3 Page 21, Paragraph 20 Not applicable District Monitoring Responsibilities Review bid document to ensure procedure was followed. (If Local Agency elects to use Incentive/Disincentive). Page 141 of CACC manual Verify provisions meets federal requirements. Page 64 of CACC manual Review bid document for inclusion of the provision. htrp://www.fhwa.dot.goviprogsam admin/contracts/coretoc.h nn Ensure that rates are included in bid proposal. http://www.access.gpo.gov/nara/cf r/waisidx 01/23cfr635 01.html Review hid document to ensure exclusion of any local hiring preference. Review bid document for inclusion of the provision. Review bid document to verify compliant bidding process. See page 95 of CACC manual Review bid document for inclusion.ofthe-provision. ------ See page 66 of CACC manual Review bid document to ensure exclusion of provision or appropriate approval has been received. Local Agency Responsibility Develop procedure based on 23 CFR 635.127 and include in bid document (if Local Agency elects to use Incentive/Disincentive). May use section 1.2.6 of FDOT CPAM as a guide in this development. If utilised, must obtain FHWA approval of provision complying with 23 CFR 635.117 Must be included verbatim in all contracts and subcontracts. Develop rates based on 23 Cl -R 635.127 and include contract provisions. The Local Agency needs to certify they do not have local hiring preferences. The Local Agency shall include certification in bid documents. Local Agency shall certify that projects will be awarded to the low responsive bidder except for Design Build as approved by the FDOT.The method of bidding shall be in the project specifications. The Local Agency shall include certification in -bid -documents ------ -------- Owner Force Account contracting is not allowed without first establishing a "finding of cost effectiveness" . This must be approved by the District LAP Administrator. Non - Federal -aid Highway/ Non -SHS / p-,\ / \ Yes / } , zt�§ )( @ / \ 0. } 1 ( (7 z$ , Yes § . / )� & & / \ / 2 .. / Z / § d 23 CFR 635.127(d,f) \� b�en en 23 CFR 633 • , P4 r, �� 49 CFR 20 «� 0� \ 23 CFR _635.112(f)— 21. Owner Force 23 CFR 635B Account/Cost under 635.205 Effective Justification Requirement \ e / r ]§ \je 14. Indian Preference on Federal -aid Projects (Labor & lovment) 15. FHWA-1273 16. Liquidated damages 17. Local hiring preference 18. Lobbying certification 19. Method of construction (or method of bidding) ® . 1 d § ®\ /§ F:\Engineering\Capital Projects\0202IndianRiverDr.NoConstruction Contract Checklist 2-23-06.doc 3/1/2006 3:14:36 PM k/\ \u\ ]�� jƒ§ w w w k k k Reference Construction Contract Documents (Location in Contract) Not applicable Page'7, Paragraph 8 Page 40, paragraph 44 of General Conditions Page 24, paragraph 29 section 1 Page 24, paragraph 28 section 1 Page 24, paragraph 29 8section 1 < \ § P, ,rn 0 0 2a District Monitoring Responsibilities If development of a public interest finding is required, ensure that the finding approved by FDOT is included in the bid document. Review bid document for inclusion of the provision (wage table). See page 35 of the CACC manual Review bid document for inclusion of the provision. See page 119 of CACC manual Review bid document for inclusion of the provision. . See page 31 of CACC manual Review bid document to ensure exclusion of provision. Review bid document for exclusion of the provision. Conduct periodic reviews to ensure compliance. FHWA 1273 Item V.2 Local Agency Responsibility Do not use unless there is a public interest finding approved by FDOT (if specified in bid document). Include latest Davis -Bacon wage table(s) in the contract. Current wage tables may be . obtained at: littp://www.dot.state.fl.us/construction/wa e.h Develop contract language to ensure that payments are based on work completed, this may include stockpiled materials. Section 9-5 of FDOT Standard Specifications may be used for guidance. Develop contract language to prohibit the use of convict -produced materials and include in bid document. ( 5 0 0 Do not allow in contract. Project records must provide adequate assurance that the quantities of completed work are determined accurately and uniformly, and be maintained for a minimum of 5 years following contract completion and ------------------------------- acceptance-.--- )\q © ��� z)\§ 4., / / / / \ / \ 0Ln§ 2vf ( , / / / 3 \ Yes / 1740- 4 ). \ 2 & & 4 Yes \ ) , & z / m ( � 3 . 2 a t}r . c. 23 CFR 635.411 23 USC 113 23 CFR 633A 23 CFR 635.122 23 CFR 635.417 �� U• 23 CFR 635.106 49 CFR 18 23 CFR 18.42 FHWA 1273 Item V.2 _ aE) 22. Patented/ Proprietary materials 23. Prevailing minimum wage 24. Progress Payments 25. Prohibition Against Convict produced materials 26. Public Agencies in Competition with the Private Sector . ƒ \0$ /k�k 2(¥ Q(/ « 3/1/2006- 3:14:36 PM u,.. 'Li AA A U v u -6 a X X X X X X Reference Construction Contract Documents (Location in Contract) Page 24, Paragraph 30 Page 21, Paragraph 21 See Contract Documents and Specifications Page 24, paragraph 29, Section 2 Page 24, Paragraph 29 Section 2 Page 24, Paragraph 231 Page 44, Paragraph 50 and 51 of General Conditions N N OA N PH District Monitoring Responsibilities Review bid document for exclusion of provision. Review bid document for inclusion of the provision. See page 72 of the CACC Review documents to ensure Local Agency is using FDOT's specifications for construction projects on the SHS Page 91 of CACC Review bid document for exclusion of state or local preferences. Review bid document for exclusion of materials furnished by Local Agency. Review bid document for inclusion of the provision. Review bid document for inclusion of the provision. Review bid document for inclusion of the provision. Local Agency Responsibility Do not allow in contract. Develop contract language to ensure that requirements of 23 CFR 635.109 are met. Sections 4-3.2 and 5-12.6 ofFDOT Supplemental Specifications and Sections 4-3 and 5-12 ofFDOT Standard Specifications may be used for guidance. Local Agency will use current FDOT's specifications when the construction project is on the SHS Do not allow in contract. Ifutili7ed, must obtain FHWA approval. Develop contract language to meet the requirements. Develop contract language for termination for cause, convenience, and default and include in bid document. Include reasons time extensions are allowed in specifications. May use section 8-7.3.2 of FDOT Standard Specifications. Non - Federal -aid Highway/ Non -SUS Yes z z z z z C O G O z Yes z N r z z ztn cn o Yes z >-, C-I3 v) by M U ral ^ 7. N IN N u 0 a3 49 CFR 18.36 23 CI'R 635.109 23 CFR 630B 23 CFR 635.409 23 CFR 635.407 N VD • N VD N 'D Requirement 29. Salvage Credits 30. Standardized Changes Conditions Contract Clauses 31. Standard Specifications and Plans 32. State preference 33. State/Local Owned/Furnished/Desi mated Materials 34. Subcontracting 35. Termination of contract 36. Time extensions F:\Engineering\Capital Projects\0202IndianRiverDr.NoConstruction Contract Checklist 2-23-06.doc 3/1/2006 3:14:36 PM Christopher J. Kafer P.E. Name (Printed) .5 U O b U b O U 0 O N 1 0 a) H • • O Central Office Statewide LAP Administrator: I hereby certify that the checklist is complete as indicated. Position Title F:\Engineering\Capital Projects\0202IndianRiverDr:NoConstruction Contract Checklist 2-23-06.doc llC;.k ti ac a_e Cover Sheet 525-010-300 Local Agency Program Manual September 10, 2000 Chapter •2 Section 1 LOCAL AGENCY: Indian River County WORK PROGRAM ITEM NO.: 4095041 TIP PAGE NO.: 33 M-01 ) PROJECT IDENTIFICATION: Thai an Ri var Tlri ve North STIP PAGE NO.: Use this sheet as a cover sheet to the project application package. Place an "X" in the right column to denote items included. If not applicable, state NIA. Include in the cover letter a comment explaining the action taken on each item as appropriate. . Application: 1. Federal Aid Project Funding Request (Chapter 2-1) a 2. Vicinity Map x 3. Typical Roadway Section x 4. Typical Bridge Section N/A Supporting Data: 5. Safety improvements (Chapter 4-1) 6. Deviation Request and Justification. (Chapter 4-1) 7. Environmental Document (Chapter 7-4) 8. Compliance with environmental document commitments N/A 9. Right of Way Required (Chapter 2-5) N/A N/A N/A N/A a Pre -Qualification Letter of Approval N/A From FDOT b. Right of Way Maps N/A c. Right of Way Project Cost Estimate N/A d. Request Right of Way Project Authorization N/A 10. Right of Way Certification (Chapter 2 -Sect. 5) N/A 11. Corp of Engineers, and/or Coast Guard Permits (Environmental Permit Coordination Procedure No. 650-040-001) N/A 12. Water Management District Permit N/A 13, NPDES Permit N/A 14. FAA Notification (FAA for 7460-1) (14 CFR, Part 77; Chapter 333, FS) N/A REMARKS: Exhibit E-1-1.- Project Funding Application Checklist . 2-1-2 LA Agre ent State of Florida Department of Transportation LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJ MGT, RESEARCH & DEV OFC OGC- 11/03 Page 1 of 12 FPN No 409504-1-38/58-01 Fund: SF. FLAIR Approp' Federal No: Org. Code: 55043010404 FLAIR Obj.: FPN No. Fund: FLAIR Approp: Federal No: Org. Code: FLAIR Obj.: County No. 88 Contract No: Vendor No.: VF596000674038 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.agency of the State. of. Florida, hereinafter called the Department, and Indian River County, FL 1840 25th St. Vero Beach, FL 32960 hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter 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, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Bike Path 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 manner in which the project will be undertaken and completed. 1.01 Modifications and Additions: Exhibit(s) A r 8 are attached hereto and by this reference 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 procedures, 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 12-31-08 ,f the hc ngeiiy does not complete the project within this timr period, this Agreement will expire on the last day of $cne-Ci'Ulc 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. 525.010-40 PROJ MGT, RESEARCH & DEV OFC OGC - 11/03 Page 2of 12 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 $ 262,000-00 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 Departments 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 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 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 paidon 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." n 06 to d: No cost Agency Notice r�rvicee.a. may be incurred under this contract until the ligancy nos 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. 525-010-40 PROJ MGT, RESEARCH & DEV OFC OGC - 11/03 Page 3 of 12 For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced 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 funds 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 "13" 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 received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: Ail 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 the 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 $500,000 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) nire” r n-133, If a recipient expends less than $500,000 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 $500,000 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 OMB Circular A-133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. 525-010-40 PROJ MGT, RESEARCH 8 DEV OFC OGC - 11/03 Page 4 of 12 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 A9ency 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 ail 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) At 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 350-030-400. (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. 525-010-40 PROJ MGT, RESEARCH 8 DEV OFC OGC - 11/03 Page 5 of 12 00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for imbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the apartment may elect, by notice in writing, not to make a payment if: 01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any ipplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant :reto; ,02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or Dligations which may jeopardize or adversely affect the project, this Agreement or payments to the project; .03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this greement, requires the approval of the Department or has made related expenditure or incurred related obligations ithout having been advised by the Department that same are approved; .04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12.06; or .05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the agreement. '.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the 'HWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal -aid. '.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred 1y the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration if 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 )y the Department. r.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within one hundred twenty 120) days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may iot be paid. 3.00 Termination or Suspension of Project: 3.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of is obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or :een 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 Agency of the deficiency Nith a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement. i_�:natio. of this n ____-_t f_- _---^_ _ah _ th,... unsatisfactory performance of the Agency, Department requires lCininiauvii v� uua �yrccir�cin ivy �caov�+� :..��..• .��.... unsatisfactory � } -�• •�--�•-� , :he Department shall notify the Agency of such termination, with instructions as to the effective date 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 work satisfactorily ;performed. Payment is to be on the basis of substantiated costs. 3.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension lotice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may nclude any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and :ontracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which he financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the :ost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity Nith the latest schedule, plan, and costs approved by the Department or upon the basis of terms and conditions 525-010-40 PROJ MGT, RESEARCH & OEV OFC OGC•11/03 Page 6 of 12 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. 525-010-40 PROJ MGT, RESEARCH & DEV OFC OGC - 11/03 Page 7 of 12 Agency further agrees by executing. this Agreement that it shall not knowingly enter into any contracts with a person is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, ;ss authorized by the Department. Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding ,arment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the lartment, without modification, in all contracts and in all solicitations for contracts. Agency may rely upon a certification of a prospective sub -contractor that the person or entity is not debarred, pended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is neous. The Agency may decide the method and frequency by which it determines the eligibility of its sub -contractors. Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal :urement or Nonprocurement Programs" (Nonprocurement List) which is compiled- by the General Services iinistration. hing contained in the foregoing shall be construed to require establishment of a system of records in order to render ood faith the certification required by this clause. The knowledge and information of the Agency is not required to eed that which is normally processed by a prudent person in the ordinary course of business dealings. ass authorized by the Department, if the Agency knowingly enters into a contract with a person who ,is suspended, arred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, Department may terminate this agreement for cause or default. tification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended, posed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal artment or agency. are the Agency is unable to certify to any of the statements above, an explanation shall be attached to this pose'. 30 Restrictions, Prohibitions, Controls, and Labor Provisions: )1 Equal Employment Opportunity: In connection with the .performance of any project, the Agency shall not :riminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, ibility or marital status. The Agency will take affirmative action to ensure that applicants are employed and that )loyees are treated during employment without regard to their race, age, religion, color, gender, national origin, ibility or marital status. Such action shall include, but not be limited to, the following: employment upgrading, lotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of Ipensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all tracts modified only to show the particular contractual relationship in all its contracts in connection with the elopment of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall lire all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial plies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or lar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for ect work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued eunder, and the assurance by the Agency pursuant thereto. Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil its Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations. 3 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by kDA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto. 525-010-40 PROJ MGT, RESEARCH 8 DEV OFC OGC - 11/03 Page 8 of 12 2.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction .r a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not Jbmit a bid on a contract with a public entity for the construction or repair of a public -building or public work, may not Jbmit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, Jbcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in Kcess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 ionths from the date of being placed on the convicted vendor list. 2.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on ie Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a )ntract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the Dnstruction or.repair of a public building or public work; may not submit bids on leases of real property to a public entity; lay not be awarded or perform -work as a contractor, supplier, subcontractor, or -consultant under -a contract with any uglic entity; and may not transact business with any public entity, 2.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter into any Dntract, subcontract, or arrangement in connection with the project or any property included or planned to be included in le project in which any member, officer, or employee of the Agency or the locality during his tenure, or for two years iereafter, has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily cquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately isclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this ubsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency r the locality relating to such contract, subcontract, or arrangement. he Agency shall insert in all contracts entered into in connection with the project or any property included or planned to e 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." he provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, r to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 2.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United tates shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 3.00 Miscellaneous Provisions: 3.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable nvironmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the epartment for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable ermits. 3.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any arty other than the Agency. 3.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the _- of _ breach of v t It which ;envy constitute or be construed as a waiver by the Department any Ui cilia i covenant or any default may en exist on the part of the Agency and the making of such payment by the Department, while any such breach or default Tall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach default. 3.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, e remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform the terms and requirements of applicable law. 3.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also, trees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing :reunder. 525-010-40 PROJ MGT, RESEARCH & CEV OFC OGC - 11/03 Page 9 of 12 .06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision :red, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the ;visions of the Agreement violate any applicable.state law, the Agency will at once notify the Department in writing in ter that appropriate changes and modifications may be made by the Department and the Agency to the end that the ency may proceed as soon as possible with the project. .07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold rmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or pense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the rformance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this ragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by Department or any of its officers, agents or employees during the performance of the Agreement. len the Department receives a notice of claim for damages that may have been caused by the Agency in the rformance of services required under this Agreement, the Department will immediately forward the claim to the Agency. e Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and II jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to luire the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such lim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a Liver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the lency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one rty participates in the defense of the claim at trial, that party is responsible for all expenses at trial. le parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any nilar provision of law. ,.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the ate Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications vering the project. The Department will review all plans and specifications and will issue to the Agency written approval th any approved portions of the project and comments or recommendations covering any remainder of the project :emed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the apartment will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written .proval shall be sufficient cause for nonpayment by the Department. .09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify mpliance with all applicable federal and state requirements. Certification is required prior to advertisement for or licitation of bids for construction of the project, including those projects for which no right of way is required. ..10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the lency, and that the project is accepted by the Agency as suitable for the intended purpose. .11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words ed in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include gender:,. .12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, ch of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the me instrument. .13 Restrictions on Lobbying: !deral: The Agency agrees that no federally appropriated funds have been paid, or will be paidby or on behalf of the ency, to any person for influencing or attempting to influence any officer or employee o.f any federal agency, a member Congress an officer or employee of Congress, or an employee of a member of Congress in connection with the carding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any operative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, ant, loan, or cooperative agreement. 525-010-40 PROJ MGT, RESEARCH 8 DEV OFC 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, constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency r,�s will 0 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 By: Appro Arthuvr ed: May R, Neub 200 -r, thChaff eC Attest: ,Py 1iCISk\Le-`r`ra Title: & J.K. BARTON CLERK CIRCUIT COURT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title: Attest: : Title: As to form: As to form: 'Attorney William K. DeBraal, Asst.. Co Attygistrict Attorney See attached Encumbrance Form for date of funding approval by Comptroller. 3 Exhibits "A" and "B" (These 2 exhibits are always used in a LAP Agreement) 525-010-40 CONSTRUCTION OGC-11/03 FPN NO 409504-1-38/58-01 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 Indian River County Dated 06/02/2005 PROJECT LOCATION: Indian River Drive, Sebastian, FL This project 0 is ® is not on the National Highway System. This project 0 is is not. on the State Highway System. PROJECT DESCRIPTION: Construct an 8' wide concrete bike path along the east side of Indian River Drive between the north Sebastian City limits to Roseland Road. SPECIAL CONSIDERATION BY AGENCY: None SPECIAL CONSIDERATION BY DEPARTMENT: Funding for the design portion is in the year 2005/2006 in the amount of $15,000.00. Funding for the construction portion is in the year 2006/2007 in the amount of $247,000.00 for a total of $262,000.00. Upon execution of the contract by all parties the department will issue a "Notice to Proceed" for the design portion only. DO NOT START ANY DESIGN UNTIL THE AGENCY RECEIVES A FULLY EXECUTED AGREEMENT WITH A "NOTICE TO PROCEED." Funds for the construction portion will not be available until after July 1, 2006. A second "Notice to Proceed" for construction will not be issued by the department to the agency until the design portion is final billed and the department has approved the design plans, the advertisement, the bid package, the specifications, and scope. THE AGENCY SHOULD NOT START ANY CONSTRUCTION UNTIL THE DEPARTMENT ISSUES THE SECOND "NOTICE TO PROCEED." The department will only reimburse for costs from the execution date (all parties) to the expiration date of the contract. Any costs incurred by the agency prior to the execution date or after the expiration date will not be entertained by the department. 525-010.40 PROJ MGT, RESEARCH & DEV OFC OGC • 11/03 Page 12 of 12 AGENCY NAME & BILLING ADDRESS STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION FPN. NO. Indian. ii�- jG=Ity LOCAL. AGENCY PROGRAM P.E. 2003-2004 1 Q th Street AGREEMENT EXHIBIT "B"' 409504-1-38158-01 Vero Beh, FL 3..00 SCHEDULE OF FUNDING SC%•'W Name Termini PROJECT DESCRIPTION Forth Indian Rives Drive Bike Path i' t1 aioasam City Lamm to Roseland Than Length 6,257' = 1..18 rn les TYPE OF WORK by Fiscal Year FUNDING (1) TOTAL PROJECT FUNDS ' (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS P.E. 2003-2004 $J -CO $0.t`0 $0 -CO 2004-2005 .E SC%•'W • $0.0 2005-2006 CO 00 • CO_(x) q)_CX) Total PE 50.00 50.00 50.00 Right -of -Way 2003-2004 SIC $0.113 }.(0 2004-2005 _{o T_(n q)_()() 2005-200600_j_(x) O nO Total Right -of -Way Cost 80.00 $0.00 50.00 Construction 2003-2004 0.00 $0.00 $0.00 2004-2005 — a)•(J) $J.W 2005-2006 {j() tr_m 5) (x') 2006-2007 $262A m _() $67,CIX)_T) - Total Contract Costs �G1DZlULAlslt y LOO • S26Z.1 L.i.i.cO Construction Engineering and Inspection 2003-2004 4i die 2004-2005 . M MI _ 2005-2006 . es .-s. 'i. .NI Total Construction Engineering 50.00 $0.00 $0.00 Total Construction Cost $262,C00-00 0.013 $262,000_00 ESTIMATED TOTAL COST OF THE PROJECT S262,000.00$262,000.00 �Q QO The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after July The Department will notify the Agency, in writing, when funds are available. 1st each flscal year. 5 Federal -Aid Project Fundi; 9 g Request Checklist (Required) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FEDERAL -MD PROJECT FUNDING REQUEST 525-010-30 PROJ MGT, RESEARCH & DEV OFC 06/05 Pagel. of 2 DATE: AGENCY: Indian River County FEDERAL -AID PROJECT NUMBER: 1 ( ) RN NUMBER: 4095011. STATE JOB NUMBER: Nom TIP PAGE NO.: PROJECT TITLE: Indian River Drive North — 8, Wick Bike Path PROJECT TERMINI FROM: N. Limits of city of Sebastian FLTO: __Rocaland Road 0 PLANNING 0 ENVIRONMENT 0 DESIGN En CONSTRUCTION 0 RIGHT OF WAY AWARD TYPE: 0 LOCAL, 0 LOCAL FORCES WORK PHASE: F�1\/IRO LME TAI rlln! IMPNT: Mark the type of envirnnrrnntai rinr,Nurnent prepared, indicate the approval dates and the most recent •�r" , urr� reevaluation date. EIS approved on , and reevaluated on EA/FONSI approved an , and reevaluated on Categorical Exclusion: Programmatic Categorical Exclusion determination on Type I Categorical Exclusion determination on Type 11 Categorica(Exclusiori approved on Categorical Exclusion Reevaluation on PHASE TOTAL ESTIMATED COSTt (Nearest Dollar) LOCAL AGENCY Ft FUNDS (Nearest Dollar) STATE F? IINDINr. (Nearest Dollar) 1 1 PERCENT a FEDERAL FUND FEDERAL 1 (Nearest dollar) FUNDS OBLIGATION DATE Month / Year PLANNING x_00 $0_00 SO_CD SO.130 OM PD&E S0_00 9D.00 X'_00 1 SO.a) 0_00 DESIGN '-I 'girt°I,( 1 0.00 )J1Q 04u0, RAN v`ri_W B..1.4J CONST. S262r000_00 2,000_00 S0.00 si}_i`7 5O.00 -.• SD_00 Y1. 11114 .a 10V TOTAL DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) Roadway Width: 65 Number of Lanes: 2 Bridge Number(s) on Project: Nale DESCRIPTION OF PROPOSED WORK Ea New Construction 0 3-R a ENHANCEMENT 12 CONGESTION MITIGATION _ IVA _ N j �r,ad,..:a;f Width: ;:y ri P.!c-ier of -- --• -- - Bridge Number(s) on Project: WA LOCAL AGENCY CONTACT PERSON: Mid—mile A- G tie vi TITLE: civil Engineer MAILING ADDRESS: i&10 25th Street,! ✓''N 4` 6 • ( ~..- A.U. / CITY: Vero Beath, FL / / r 1P Cr - - #, LOCATION AND DESIGN APPROVAL B / r ' -•r ;,— •uthority) TITLE: DATE: 5 - / ' - O,- 525-010-30 PROD MGT, RESEARCH & DEV OFC 06/05 Page 2 Of 2 AGENCY:I;;R_ av PROJECT TITLE: Irian Rives Drive htfrth IDATE: 6i2/ ENVIRONMENTAL COMMfTMENTS AND CONSIDERATIONS: sir ? �tiic :Imst a °�r ZS x �'�1 r t -n Pal imir 41 i 1 cin- cr rat -i—air,'r; iizr RIGHT OF WAY AND RELOCATION: edsting Right of ay is ea' wig. lib aalitional Right of Way is ri-e_ 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 DEVELOPMENT. DATE: April 4, .2006 BY: Pzthtr P,- /Chairlr BCC Approved: April 4, 2006