Loading...
HomeMy WebLinkAbout2014-107�o r y� 107 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC- 04!14 Page 1 FPN: 423186-2-58/68-01 Fund: SR2S FLAIR Approp- Federal No: SRTS-337-A Org Code: 55043010404 FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No- Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No:88 Contract No: Vendor No: F-596000673026 Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No- 079208989 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of 6 �� , �' l by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an age cy of the State of Florida, hereinafter called the Department, and Indian River County hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into this 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 339 12, 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 Old Dixie Highway from 38`h Lane to 45`h Street and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "Project," and to provide Department 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 Attachments: Exhibit(s) A. B, X. and 1 are attached and made a part hereof. 2.01 General Requirements: The Agency shall 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. Time is of the essence as to each and every obligation under this Agreement. 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 the Project. Inactivity and Removal of Any Unbilled Funds Once the Department issues a Notice to Proceed (NTP) for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de- certification of the Agency for future LAP Projects. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52m1:-40 LOCAL AGENCY PROGRAM AGREENYE�T '�»�»»»��« uoC-w'," Page 2 Removal of All Funds If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Ag*noy, and the Project is off the state highway syabem, then the department will have to request repayment for the previously billed amounts from the Agency. Nostate funds can boused unoff-system projects. 2.02 Expiration of Agreement: The Agency agnoou to oomp|aha the Project on or before December 31, 2016. If the Agency does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior tu the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the expiration dote ofthis Agreement will not be reimbursed bythe Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency toenter into this Agreement or 0oundertake the Project hereunder orbzobserve, assume orcarry out any ofthe provisions ofthe Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings neceumary, including federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. 2'05 Submission of Proceedings, Contracts, and Other Documents: The Agency ahoU submit to the Department such data, puports, neoordu, uonhouta, and other documents relating to the Project as the Department and the Federal Highway Administration (FHVVA)may require. The Agency shall use the Department's Local Agency Program Information Tool and applicable information systems aerequired. 3.00 Project Cost: 3'01 Total Cost: The total cost of the Project is $ 1I1^517]0}. This amount is based upon the schedule of funding in Exhibit ^B.~ The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved. The schedule offunding may bemodified bymutual agreement aoprovided for inparagraph 4.O0. 3'02 Department Participation: The Department agrees to participate in the Project cost bo the extent provided in Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal -aid participation. 3.83 Limits on Department Funds: Project costs eligible for Department participation will haallowed only from the date mfthis 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 to be committed; b) Availability of funds as stated inparagraphs 3.O4and 3.05 ofthis Agreement; u) Approval of all phano, mpeoificabonn, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval ofthe Project scope and budget etthe time appropriation authority becomes available. 3'04Appropriation ofFunds: The Department's performance and obligation to pay under this Agreement is contingent upon on annual appropriation by the Legislature. If the Department's funding for this Project in in multiple fiacm| yeam, funds approval from the Department's Comptroller must be received each fiscal year prior b» costs being incurred. Sea Exhibit ^B^ for funding |avo|u by heoa\ year. Project costs utilizing these fiscal year funds are not eligible for reimbursement ifincurred prior tmfunds approval being received. The Department will notify the Agency, inwriting, when funds are available. 3'05Multi-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: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525010-00 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONOGC—04!1144 OGC- 04 Page 3 "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice -to -Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice - to -Proceed (NTP) from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible. 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 laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account 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 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the 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. 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 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 the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include 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 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 Project: The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 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. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC— 04114 Page 4 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Department's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: In the event that the 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 provisions of OMB Circular A-133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 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. Part II - State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (1), Florida Statutes) are to have audits done annually using the following criteria: In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non -state entities. State financial assistance does not include federal direct or pass-through awards and resources received by a non -state entity for federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010410 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC- 04114 Page 5 If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: 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 findings is required. Current year audit findings require corrective action and status of findings. 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 Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV - Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSinoleAudit(a.dot.state.fl.us b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10`h Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directly to each of the following: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit(�dot.state.fl.us STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010AO LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIOOGC—04RT OGC— 04114 Page 6 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTS ingleAudit(cDdot.state.fl.LIS 3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit(a-)dot.state. fl. us b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAuditna.dot.state. fl. us 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT occ-ovi4 Page 7 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and 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) unless the records are exempt. 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 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of 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 350-030-400 (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 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department 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 application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the 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 here in paragraph 12.07. 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 of the Project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all Projects 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 in Exhibit "B" for the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC— 04/14 Page 8 commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. 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. (a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. (c) If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 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 therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a 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 other undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions 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 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 the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's 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 shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC— 04114 Page 9 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: (a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must include the following assurance: "The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." (b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 11.01 Performance Evaluation: Agencies are evaluated on a project -by -project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Agency's Responsible Charge or designee as part of the Project closeout process. The Department provides the evaluation to the Agency no more than 30 days after final acceptance. 11.02 Performance Evaluation Ratings: Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, without District involvement/oversight. 11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that continuously earn Satisfactory and Above Satisfactory evaluations. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC— 04/14 Page 10 12.01 Equal Employment Opportunity: In connection with the carrying out 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, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment 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 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 standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site 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 nondiscrimination 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, the regulations of the U.S. 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 requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto 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, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity-, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 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 tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the 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 their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525010-00 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONOGCOGCP 04RT - 04114 Page 11 The provisions of this paragraph 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. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The 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 individual or entity not a party to this Agreement. 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. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, 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 a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and subcontracts. 13.08 Right -of -Way Certification: Upon completion of right-of-way activities on the Project, the Agency 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 if no right-of-way is required. 13.09 Agency Certification: The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. 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. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-070-00 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT occ- oana Page 12 13.11 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 and the same instrument. 13.12 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 agreement. 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 paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.13 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 ® will ❑ will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the 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 $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the 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 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 850413-5516. 13.15 Reimbursement of Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONOGC—04RT OGC— 04114 Page 13 13.16 E- VERIFY The Agency: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-04 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONOSUPPORT GC-0414 occ- ov14 Page 14 IN WITNESS WHEREOF, the parties have caused. fil nts to be executed the day and year first above wri oF AGENCY I n Iver County C :oJ,•' S E.,�FLORI DEPARTMENT OF TRANSP -� L By: Name: Peter y t : Gerry(y, i y p t Title: Chili rmdn Dir ctor of nspprtation Develop�n h t- Attest: loeqT%R•••: ''Q" t F O Title. 'DEPUTY C Title:' +�iillti r w /5Q Legal Review: See attached Encumbrance Form for date of funding approval by Comptro6er. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE oaroe Page 15 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 423186-2-58/68-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Dated PROJECT LOCATION: Old Dixie Highway The project _ is ✓ is not on the National Highway System. The project _ is ✓ is not on the State Highway System. PROJECT DESCRIPTION Old Dixie Highway from 381h Lane to 45'h Street. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by N/A .(Phase 18 and 28 LAP Agreements) b) Design to be completed by N/A .(Phase 38 LAP Agreements) c) Right -of -Way requirements identified and provided to the Department by N/A (All LAPS requiring R/W) (District will handle all Right of Way activities on LAPS, the date would be set by the necessary timeframe to complete RAN activities. d) Right -of -Way to be certified prior to advertising for Construction. (All Phase 58 LAPS) e) Construction contract to be let by 3/31/15 . (For Phase 58 LAPS). (This date would be prior to the end of the fiscal year that the Phase 58 is programmed in FM) f) Construction to be completed by 12/31/16 . (Phase 58 LAP Agreements) If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. This Project is for reimbursement of Construction and CEI only in the year 2014/2015 in the amount of $171,517.00. Upon execution of this agreement by all parties the Department will provide the Agency ONE EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency should not start any construction prior to the EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency will only be reimbursed for costs incurred after the executed agreement date and prior to the agreement or time extension (if required by a request for a time extension from the Agency) date and fiscal year funding availability. Upon completion of the Project, the Agency is required to notify the Department of the date of completion and final invoicing. The Department may require an onsite inspection with the Agency. SPECIAL CONSIDERATIONS BY DEPARTMENT. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT oma„ Page 16 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 423186-2-58168-01 Indian River County 180127 th Street. Vero Beach, FL 32960 PROJECT DESCRIPTION Name: Old Dixie Highway Length: 0.855 Miles Termini 1: from 38'" Lane to 45" Street Length: TYPE OF WORK By Fiscal Year FUNDING (�) TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS Planning FY: NIA Total Planning Cost Project Development & Environment (PD&E) FY: N/A Total PO&E Cost Design FY: N/A Total Design Cost Right -of -Way FY: N/A Total Right -of -Way Cost Construction FY: 2014-2015 SR2S Total Construction Cost $153.140.00 $153.140.00 $153,140.00 $0.00 $153,140.00 Construction Engineering and Inspection (CEI) FY: 2014-2015 SR2S Total CEI Cost Total Construction and CEI Costs $18,377.00 $0.00 $18,377.00 $18,377.00 $0.00 $18,377.00 $171,517.00 $0.00 $171,517.00 TOTAL COST OF THE PROJECT $171,517.00 $0.00 $171,517.00 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT osno Page 17 EXHIBIT "X" PROJECT ESTIMATE AND DISBURSEMENT SCHEDULE FPN: 423186-2-58/68-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation (Department) and Indian River County (Agency) Dated I z 01 SPECIAL CONSIDERATIONS BY AGENCY: The following paragraph replaces Section 4.00 Project Estimate and Disbursement Schedule of the Local Agency Program Agreement executed between the Department and the Indian River County Dated 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 execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project or any American Recovery and Reinvestment Act (ARRA) project may be reduced upon determination of the award amount and execution of a LAP Supplemental Agreement. If a LAP Supplemental Agreement is executed, a copy of the LAP Supplemental should be forwarded to the Department's Federal -Aid Management Office. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 08108 Page 18 EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: $ 171,517.00 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient. Eligibility: By law, the federal -aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTs). Projects to be funded under the federal -aid highway program are generally selected by state DOTS or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal -aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Federal Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. AGENCY Indian River County FIN NUMBER 423186-2-58/68-01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FEDERAL -AID PROJECT FUNDING REQUEST 525-010-30 CONSTRUCTION 08100 Page i of 2 DATE C '� FEDERAL -AID PROJECT NUMBER SRTS-337-A STATE JOB NUMBER TIP PAGE NUMBER PROJECT TITLE Old Dixie Highway TOTAL ESTIMATED COST nearest Dollar LOCAL AGENCY FUNDS nearest Dollar STATE FUNDING nearest Dollar FEDERAL FUNDS (nearest Dollar) Termini 1: from 38m Lane to 45 mStreet Length: 0.855 Mile WORK PHASE: ❑ PLANNING ❑ ENVIRONMENTAL F] DESIGN L] CONSTRUCTION ❑ RIGHT OF WAY AWARD TYPE: L] LOCAL FILOCAL 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: EA /FONSI approved on: and reevaluated on: Categorical Exclusion: Programmatic Categorical Exclusion determination on: Type I Categorical Exclusion determination on: 7/8/2014 Type II Categorical Exclusion determination on: Categorical Exclusion Reevaluation on: PHASE TOTAL ESTIMATED COST nearest Dollar LOCAL AGENCY FUNDS nearest Dollar STATE FUNDING nearest Dollar FEDERAL FUNDS (nearest Dollar) PERCENT OBLIGATION DATE FEDERAL Month / Year FUNDS PLANNING • n�� 0 30 oe CD 'cls ` '.ttpU�CTION M PD&E DESIGN CONST. $153,14000 $0.00 $000 $153,140.00 100 CEI $18,377.00 $18,377.00 100 TOTAL $171,517.00 $0.00 $000 $171,517.00 100 DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) Roadway Width: 12' travel lanes Number of Lanes 2 Bridge Number(s) on Project None DESCRIPTION OF PROPOSED WORK 11 New Construction ❑ 3-R © Enhancement ❑ Congestion Mitigation Sidewalk Roadway Width 12' travel lanes Number of Lanes 2 Bridge Numbers(s) on Project None LOCAL AGENCY CONTACT PERSON TITLE: Christopher J. Kafer, Jr. County Engineer MAILING ADDRESS: 1801 27h Street Vero Beach, FL 32960 AGENCY Indian River Countv LOCATION AND DESIGN APPROVAL: BY: PHONE: 772-226-1221 ZIP CODE: a24en C Peter D. O'Bryan ApprovingAuthon TITLE: Chairman BCC Approved: August 19, 2014 * C0/1; CO. • n�� 0 30 oe CD 'cls ` '.ttpU�CTION M • *. 525-010-30 CONSTRUCTION 08100 Page 2 of 2 AGENCY. PROJECT TITLE. DATg / E: Indian River county Old Dixie Highway from 381h Lane to 45'" Street Ig/ Z'C' 14 AL COMMITMENTS AND CONSIDERATIONS An Environmental Determination was completed and approved for the Project. RIGHT OF WAY AND RELOCA No Right of Way acquisition is required for the Project. THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. DATE: By: INDIAN RIVER COUNTY FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON -STATE ORGANIZATIONS - RECIPIENT/SUBRECIPIENT VS. VENDOR DETERMINATION This checklist and the standard contract audit language may be obtained electronically from the Executive Office of the Governor's website (http.//www myflorida.com/myflorida/government/governorinitiatives/fsaa/index.htm1) If a Florida Single Audit Act State Project Determination Checklist has not been previously completed, please complete it now (Applies only to State agencies) This checklist must be used by State agencies to evaluate the applicability of the Florida Single Audit Act (FSAA) to non - state organizations' after a state program has been determined (using the Florida Single Audit Act State Project Determination Checklist) to provide state financial assistance (i a is a State Project as defined in 215 97 (2)(r), F S ) This checklist assists in determining if the non -state organization is a vendor, recipient/subrecipient, or an exempt organization ' A non -state organization is defined as a nonprofit organization, for-profit organization (including sole proprietors), or Florida local government (excluding district school boards, charter schools and community colleges), which receives State resources Recipients and subrecipients of state financial assistance must also use this checklist to evaluate the applicability of the FSAA to non -state organizations to which they provide State resources to assist in carrying out a State Project. Name of Non -state Organization Inriian Rivar Cniinty Type of Non -state Organization. I nral Govern ment-Miri. MY (i e. nonprofit, for-profit, local government; if the non -state organization is a local government, please indicate the type of local government — municipality, county commission, constitutional officer, water management district, etc.) Awarding Agency: Flnriria rlapartmant of Trnncpnrtatinn Title of State Project: l lighwiV 2laaning R Cnnctnirtinn Catalog of State Financial Assistance (CSFA) Number- N/A Contract/Grant/Agreement Number: ARI -9g, FM #491186-9-58168-01 PART A YES NO X 1 Is the non -state organization a district school board, charter school, community college, government/public university outside of Florida or a Federal agency? X 2 Is the relationship with the non -state organization only to procure commodities (as defined in 287 012(4) F S )? X 3 Does the relationship with the non -state organization consist of only Federal resources, State matching resources for Federal Programs or local matching resources for Federal Programs? _ X 4 Does the relationship with the non -state organization consist of only State maintenance of effort (MOE)2 resources that meet all of the following criteria? X A. Do Federal Regulations specify the requirements for the use of the State MOE resources and are there no additional State requirements? X B Do contracts contain sufficient language to identify the State MOE resources and the associated Federal Program? X C Do A-133 audit requirements apply to the State MOE resources and do contracts stipulate that the State MOE resources should be tested in an A-133 audit in accordance with Federal Program requirements? 2 MOE refers to the Federal maintenance of effort/level of effort requirements as defined by OMB Circular A-133 Compliance Requirement G (Matching, Level of Effort, Earmarking) If any of 1-4 above is yes, the recipient/vendor relationship determination does not need to be completed because the FSAA is not applicable to the non -state organization. Revised January 01, 2002 Form Number: FSAA CL2 PART B Recipient/Vendor Relationship Determination The following should be analyzed for each relationship with a non -state organization where it has been determined that the state program provides state financial assistance (i e. is a State Project) and the non -state organization is not exempt based on the questions above This relationship may be evidenced by, but not limited to, a contract, agreement, or application YES NO _ X 1 Does State law or legislative proviso create the non -state organization to carry out this State Project? X 2 Is the non -state organization required to provide matching resources not related to a Federal Program? X 3 Is the non -state organization required to meet or comply with specified State Project requirements in order to receive State resources? (State Project requirements include laws, rules, or guidelines specific to the State Project such as eligibility guidelines, specified types of jobs to be created, donation of specified assets, etc. Specified State Project requirements do not include procurement standards, general guidelines, or general laws/rules.) X 4 Is the non -state organization required to make State Project decisions, which the State agency would otherwise make? (e.g determine eligibility, provide case management, etc.) X 5 Is the non -state organization's performance measured against whether State Project objectives are met? (e g number of jobs to be created, number of patients to be seen, number of disadvantaged citizens to be transported, etc. Performance measures may or may not be related to State performance-based budgeting ) If any of the above is yes, there is a recipient/subrecipient relationship and the non -state organization is subject to the FSAA. Otherwise the non -state organization is a vendor and is not subject to the FSAA. PART C Based on your analysis of the responses above and discussions with appropriate agency personnel, state your conclusion regarding the non -state organization (Check one) Recipient/Subrecipient: X Vendor:— Comments: endor:—Comments: Print Name: ctary I Miller-Nnvalln Title: Signature: 1,11 Exempt Organization: Telephone Number: qr)4-777-449A Date: AA Note it is the program personnel's responsibility to notify Finance and Accounting of which non -state organizations have been determined to be recipients and are receiving state financial assistance (i a disbursements must be coded as 7500 object code in FLAIR) Note it is possible to have a contractual agreement with a non -state organization under Chapter 287, Florida Statutes, and still consider the non -state organization a recipient under the Florida Single Audit Act. If a recipient/subrecipient relationship exists the standard contract audit language, including Exhibit 1, must be included in the document that established the State's, recipient's, or subrecipient's relationship with the non -state organization Questions regarding the evaluation of a non -state organization or if it has been determined that the non -state organization is a recipient and a CSFA number has not been assigned, contact your FSAA State agency liaison or the Executive Office of the Governor, Office of Policy and Budget, Budget Management Policy Unit at (850) 487-3832 or Suncom 277-3832 Reference may be made to Rule 27D-1, FAC Revised January 01, 2002 Form Number FSAA CL2 FLORIDA SINGLE AUDIT ACT STATE PROJECT DETERMINATION CHECKLIST This checklist may be obtained electronically from the Executive Office of the Governor's website (hftp://www myflorida.com/myflarida/government/governorinitiatives/fsaa/index.html) This checklist must be used by State agencies to evaluate the applicability of the Florida Single Audit Act (FSAA) to a state program' for inclusion in the Catalog of State Financial Assistance (CSFA) ' A state program is defined as a set of special purpose activities undertaken to realize identifiable goals and objectives in order to achieve a State agency's mission and legislative intent requiring accountability for State resources A state program or budget appropriation may include more than one special purpose activity with distinctly different objectives. Each of these distinct special purpose activities must be assigned a separate CSFA number (if the FSAA is determined to be applicable based on the analysis below) The General Appropriations Act - particularly appropriation categories 05, 08, 09, 10, and 14XXXX - is an excellent place to begin researching state programs to determine their applicability to the FSAA. However, this list of appropriation categories is not all-inclusive A State Project is a state program that provides state financial assistance to a non -state organization and must be assigned a CSFA number 2A non -state organization is defined as a nonprofit organization, for-profit organization (including sole proprietors), or Florida local government (excluding district school boards, charter schools and community colleges), which receives State resources. State Agency- Indian River County Title/Name of State Program Hiway Planning & Construction Authorizing Statute/Legislative Proviso 339.12 All four questions below must be completed. A state program may include more than one source of support. (i e A yes to more than one of the questions below ) Each source of support must be considered independently Is the state program supported by - Yes No X 1 Federal resources? If yes, please note CFDA number 90 905 X 2 State matching resources for a Federal Program as defined by OMB Circular A-133? X 3 State maintenance of effort/level of effort (MOE) resources for a Federal Program as defined by OMB Circular A-133 Compliance Requirement G (Matching, Level of Effort, Earmarking)? If yes, please note CFDA number (if different from above) X 4 State resources other than State match or State MOE? Complete the applicable sections below for each yes response above. If only Question 1 and/or Question 2 above is yes, the state program is not a State Project and should not be included in the CSFA. If Question 3 above is yes, the State MOE resources must be analyzed using the following criteria: Yes No X A. Do Federal Regulations specify the requirements for the use of the State MOE resources and are there no additional State requirements? X B Do contracts contain sufficient language to identify the State MOE resources and the associated Federal Program? X C Do A-133 audit requirements apply to the State MOE resources and do contracts stipulate that the State MOE resources should be tested in an A-133 audit in accordance with Federal Program requirements? If A -C above are all yes, the state program is not a State Project and should not be included in the CSFA. If any of A -C above are no, the state program is a State Project and must be assigned a CSFA number If Question 4 above is yes, answer the following Yes No X Are any of the State resources provided to a non -state organization? Revised January 01, 2002 Form Number- FSAA CL1 If no, the state program is not a State Project and should not be included in the CSFA. If yes, the state program must be evaluated using the following criteria. Yes No X A. Does the state program establish programmatic objectives, which must be met by the non -state organization in order for it to receive State resources? (e g legislative intent, programmatic outcomes/goals, or are related to the Agency's mission) X B Does the state program provide resources to enhance or support the operations or programs of a non - state organization? _ X C Does the state program provide resources to a non -state organization for providing a program service? (i a Are the services provided by the non -state organization consistent with the programmatic objectives?) _ X D Does the state program contain specific laws, guidelines or regulations regarding allowable program expenditures? If any of A -D above is yes, the state program is a State Project and must be assigned a CSFA number Based on your analysis above and discussions with appropriate agency personnel, state your conclusion regarding the state program. (Check one) A State Project: Not a State Project: X Comments: Completed By: (Program Personnel) Print Name Phone Number- umberTitle Title Signature. Date. Budget Office Review: (Applies only to Questions 1-4) Print Name of Reviewer: Phone Number- umberTitle. Title. Signature of Reviewer Date. Finance and Accounting Review: (Applies only to Question 3 A -C and Question 4 A -D) Print Name of Reviewer Phone Number- umberTitle. Title. Signature of Reviewer- Date. Office of Inspector General Receipt: Print Name of Receiver Phone Number- umberTitle. Title. Signature of Receiver Date. Questions regarding the evaluation of a state program or if it has been determined that the state program is a State Project and has not been assigned a CSFA number, contact your FSAA State agency liaison or the Executive Office of the Governor, Office of Policy and Budget (OPB), Budget Management Policy Unit (BMP) at (850) 487-1880 or Suncom 277-1880 The Agency's Office of Inspector General, must forward each original completed and approved checklist, to the Executive Office of the Governor, OPB, BMP, Room 1703, The Capitol, Tallahassee, Florida 32399-0001. Reference may be made to Rule 27D-1, FAC Revised January 01, 2002 Form Number FSAA CL1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-29 LOCAL AGENCY PROGRAM (LAP) PERFORMANCE EVALUATION Production Support OGC - 09/13 Page 2 of 6 1 The Local Agency demonstrated sufficient Comments: knowledge to complete the project in accordance with Federal and/or State requinments. 2 The Local Agency effectively identified and Comments: assessed problems and developed solutions before those problems caused delays. 3 The project was completed free of errors, Comments: omissions or failures that could jeopardize Federal or State participation. 4 The Local Agency used the required information Comments: system (EOC, LAPIT, etc.) for each applicable phase. 1 The Local Agency presented a clear scope of Comments: work and followed that scope in developing the project. 2 The project was advertised within the agreed- Comments: upon schedule 3 The project was completed within the agreed- Comments: upon schedule 4 The Local Agency showed consistent, Comments: satisfactory progress in developing the project. 1 The Local Agency communicated effectively Comments: with the FDOT PM in order to keep the project on budget and schedule. 2 The Local Agency consulted with the FDOT PM Comments: when issues affecting the scope, schedule or budget arose. �`J►�(.� _.�`"+�, �• :" ._ ., , a F^,4:�.1s'xwN , !.�5':�A 9�.' . -i:�. , _ .-�T �a a:i`rn;':$".;z k 1 Invoices were submitted timely Comments: 2 Invoices provided sufficient detail to support Comments: requests for payment. 3 Costs billed to FDOT corresponded with work Comments: accomplished as described in progress reports. Page 2 of 6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-29 LOCAL AGENCY PROGRAM (LAP) PERFORMANCE EVALUATION Production Support OGC - 09/13 Page 3 of 6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-29 LOCAL AGENCY PROGRAM (LAP) PERFORMANCE EVALUATION Production Support OGC - 09/13 Page 4 of 6 1 The Local Agency followed CCNA and the Comments: Brooks Act when hiring consultants for this phase, unless the work was done with local force or by FOOT staff/consultants 2 The Local Agency sought proper authorizations Comments: from the FDOT PM before performing work, procuring services or signing contracts. 3 The phase was performed in accordance with Comments: FDOT's approved procedures and the applicable State and Federal regulations. 4 The Local Agency demonstrated sufficient Comments: knowledge to complete the project in accordance with Federal and/or State Requirements. 1 The Local Agency followed CCNA and the Comments: Brooks Act when hiring consultants for this phase, unless the work was done with local N/A force or by FDOT staff/consultants 2 The Local Agency sought proper authorizations Comments: from the FDOT PM before performing work, procuring services or signing contracts. N/A 3 The plans, specifications and estimates were Comments: developed in accordance with FDOT's approved standards and procedures. N/A 4 The Local Agency demonstrated sufficient Comments: knowledge to complete the project in accordance with Federal and/or State N/A Requirements. 1 The Local Agency followed CCNA and the Comments: Brooks Act when hiring consultants for this phase, unless the work was done with local N/A force or by FDOT staff/consultants 2 The Local Agency sought proper authorizations Comments: from the FDOT PM before performing work, procuring services or signing contracts. N/A 3 The plans, specifications and estimates were Comments: developed in accordance with FDOT's approved standards and procedures. NIA 4 The Local Agency demonstrated sufficient Comments: knowledge to complete the project in N/A accordance with Federal and/or State Requirements. SaC#iOn G 3CO�s Notes Page 4 of 6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-29 LOCAL AGENCY PROGRAM (LAP) PERFORMANCE EVALUATION Production Support OGC - 09/13 SECT164 H - i bOJECT CONSTRUCTION t ADM INIS7'RA" N' _ SCORE 1 The Lowest responsive bidder was awarded the Comments: contract, unless an alternative contracting method was used. N/A 2 The Local Agency provided sufficient oversight Comments: to assure the project was completed in accordance with the plans, specifications and N/A provisions of the construction contract. 3 The Local Agency's progress reports provided Comments: FDOT sufficient knowledge to follow the work progress. N/A 4 The Local Agency provided proper certification Comments: the project was constructed, quantities were measured and documented, and materials N/A tested. 5 Materials testing process met approved Comments: specifications. N/A u _ 1 The Local Agency advised FDOT of DBE use. Comments: N/A 2 The Local Agency ensured Commercially Useful Comments: Function (CUFJ FDOT of DBEs where applicable. N/A 3 DBE commitments and payments were reported Comments: in the EOC as applicable. N/A 4 Wage and Payrolls were processed in Comments: accordance with approved procedures. N/A .n9; yiYro ' `"i.°�, n/, �ex°v'�m�,. �✓..41� %'. w�_.:t: 4°�lk�+:.s- ,;.r�� „� fy _• >:1> _ w. <,R; �.d; ..•�� mi j�+�8d? .�' �` (�lyr g`#�'�• -..�r�p> .'.t'. i P��y., /.fin 4 Page 5 of 6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-29 LOCAL AGENCY PROGRAM (LAP) PERFORMANCE EVALUATION Production Support OGC - 09/13 1 Individual grade comments continuations 2. Overall grade Page 6 of 6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-44 LOCAL AGENCY PROGRAM (LAP) CHECKLIST FOR CONSTRUCTION CONTRACTS (Phase 58)— PRooucTloN suPPof t 111313 FEDERAL AND STATE REQUIREMENTS Page 1 of Project Title Old Dixie Highway Sidewalk 38'" Lane to 45'h Street Federal -Aid Highway (Yes/No) No Financial Management Number- 423186-2-58-01 LAP Agreement Amount ($) 171,517.00 Federal -Aid Project Number SRTS-337-A Scheduled Advertisement Date August 6, 2014 Local Agency Name Indian River County Specifications Used: FDOT N LAP Big Four M Local Agency Laboratory Information Management System Use Required (Yes/No) No Requirement Reference Local Agency Responsibility District MonitoringResponsibilities Requirement Location 1 Plan Specification LAP Submit PS&E package to FDOT for approval Provide Review/approve signed and sealed Plans, specifications and & Estimates (PS&E) Agreement — assurance that all: PS&E package estimate have been submitted to Submittal Section 13 08 FDOT for review and approval Right-of-way (ROW) clearances, NEPA compliance have been LAP Manual completed, and appropriate permits have been obtained Utility Chapter 4 and railroad work arrangements and coordination must be made Section 2 and properly noticed in the bid proposal. SHS/NHS projects will be designed in accordance with the Plans Preparation Manual Non -SHS and Non NHS projects will be designed in accordance with the Florida Green book. Local Agency will use FDOT's specifications when the construction project is on the SHS/NHS When the project is off the SHS/NHS, Local Agency will use f FDOT's pre -approved specifications for earthwork, concrete, 1 asphalt, and landscaping items, or will seek FDOT approval for ' local agency specifications http.//www dot.state fl.us/specificationsoffice/Implemented/LAP/L apSpecs/Default.shtm For critical projects or projects with critical components, refer to the requirements of LAP Bulletin 01-13 http://www.dot.state.fl.us/pro ectmanagementoffice/LAP/LAPMe mos/LAP01-13.pdf 2 Bonding and 23 CFR Use FDOT prequalified contractors for projects on the NHS and Review bid document for inclusion Appendix B, Page 1, #2 Prequalification 635 110 SHS and Critical Projects However, when the project is on the of the provision NHS or SHS, and the contract is under $250,000, then a FDOT prequalified contractor is not required Per FDOT Standard Specifications 2-1 Prequalification of Bidders. Non SHS/NHS projects may use Local Agency prequalified contractors 3 Buy America 23 CFR Include FDOT's Standard Specification 6-5.2 in bid document. If Review bid document for inclusion Appendix B, Page 19, #17 635 410 a Buy America waiver was approved, provide the Federal of the specification. Register ublication date 525-010-44 PRODUCTION SUPPORT 11!13 Page 2 of 6 Requirement Reference Local Agency Responsibility District Monitoring Requirement Location Responsibilities 4 Change Orders 23 CFR Develop procedures outlining the conditions under which a Review bid document for inclusion Appendix B, Page 22, #22 635 120 change order is allowed and include in bid document. May use of the provision. Section 7 3 11 of FDOT CPAM as part of procedure 5 Claims 23 CFR Develop procedures outlining the conditions under which a claim Review bid document for inclusion Appendix B, Page 23, #25 635 124 is allowed and include in bid document. May use Section 7.5 of of the provision FDOT CPAM as part of procedure 6 Contractor 23 CFR 140 Do not allow Review bid document to ensure Appendix B, Page 24, #28 Purchased Equipment 49 CFR Part exclusion of provision for State or Local 18 Ownership 49 CFR Section 18.3 7 Suspension and 49 CFR 29 The Local Agency shall include certification in bid documents Review bid document for inclusion Appendix B, Page 16,#15 of provision. �Debarment 8 Disadvantaged 49 CFR 26 The Local Agency shall comply with FDOT's DBE Program Plan Obtain copy of the USDOT Appendix B, Page 20, #18 Business Enterprise unless the Local Agency has a DBE Program Plan approved by approval letter for the DBE (DBE) the USDOT FDOT currently has a race neutral program with an Program Plan for highways. 8 60% goal. Establish a DBE availability goal and include in bid document. Include DBE special provisions in bid document. Use DBEs certified under the Florida Unified Certification Program Directory- http.//www bipincwebapps com/biznet/florida/ 9 On the Job Training 23 CFR 230 Include FDOT's Standard Specification 7 -25 -OJT Training Review bid document for inclusion Not Applicable Requirements in bid proposal and contract when project is on the of the provision t SHS and or NHS OJT is not required for non SHS/non NHS projects. 10 Equal Employment 23 CFR 230 Include FDOT's Standard Specification 0073000 Legal Review bid document for inclusion Appendix B, Pages 2 & 3, #5 (2) Opportunity Requirements And Responsibility To The Public — Title VI of this provision Assurance — DOT 1050.2, Appendix A. J; 11 Equipment Rental 23 CFR Develop procedure based on 48 CFR 31 and include in bid Review bid document for inclusion Appendix B, Page 24, #28 Rates 635 120 document. of the proper payment provision for 48 CFR 31 rental equipment. 12 Foreign Contractor 49 CFR 30 Proposal may not limit project to domestic -owned contractors Review documents to ensure Submission of bids is not limited and Supplier only compliance and/or restricted to domestic j Restriction owned contractors ! 525-010-44 PRODUCTION SUPPORT 11113 Page 3 of 6 Requirem entReference Local Agency Responsibility District Monitoring Responsibilities Requirement Location 13 Incentive/ 23 CFR Develop procedure based on 23 CFR 635 127 and include in bid Review bid document to ensure Not Applicable Disincentive Clauses 635 127(d,f) document (if Local Agency elects to use Incentive/ Disincentive) procedure was followed, if Local May use Section 1.2.6 of FDOT CPAM as a guide in this Agency elects to use Incentive/ development. Disincentive 14 Indian Preference 23 CFR If utilized, ensure FDOT obtains FHWA approval of provision Verify provisions meet federal Not Applicable on Federal -Aid Projects 635 117 complying with 23 CFR 635.117 requirements (Labor & Employment) 15 FHWA Form 1273 23 CFR 633 Must be included verbatim in all contracts and subcontracts. Review final contracts for inclusion Appendix C Acceptable versions can be obtained at: of FHWA Form 1273 www dot.state fl.us/specificationsoffice/Implemented/URLi nSpecs/files/df1273 pdf or http.//www fhwa.dot.gov/programadmin/contracts/1273 pdf _ 16 Liquidated 23 CFR Develop rates based on 23 CFR 635 127 and include in contract Ensure that rates are included in _ Appendix Page 23, #24 Damages 635 127 provisions the bid proposal. 17 State/Local Hiring 23 CFR The Local Agency needs to certify it does not have State or local Review bid document to ensure Appendix B, Page 25, #35 Preference 635 117 hiring preferences. exclusion of any local hiring preference. 18 Lobbying 49 CFR 20 The Local Agency shall include certification in bid documents Review bid document for inclusion Appendix B, Page 19, #16 Certification of the provision. 19 Method of 23 CFR Local Agency shall certify that projects will be awarded to the Review bid document to verify Appendix B, Page 1, #3 Construction (or 635 104 & lowest responsive bidder except for Design -Build as approved by compliant bidding process. Method of Bidding) 23 CFR 114(a) the FDOT. The method of bidding shall be in the project specifications 20 Non -Collusion 23 CFR The Local Agency shall include certification in bid documents Review bid document for inclusion Appendix B, Page 21, #20 Provision 635112(f) of the provision 21 Owner Force 23 CFR 635B Owner Force Account contracting is not allowed without first Review bid document to ensure Not Applicable Account/ Cost -Effective under 635.205 submitting a finding of cost-effectiveness This must be exclusion of provision or provide Justification approved by the District LAP Administrator FDOT approval date. 22. Patented/ 23 CFR Do not use unless there is a public interest finding approved by If development of a public interest Not Applicable Proprietary Materials 635 411 FDOT (if specified in the bid document) finding is required, ensure that the finding approved by FDOT is included in the bid document. 525-010-44 PRODUCTION SUPPORT 1113 Page 4 or 6 ;r- Requirement Reference Local Agency Responsibility District Monitoring Responsibilities Requirement Location 23 Prevailing 23 USC 113 Include latest Davis -Bacon wage table(s) in the contract. Current Review final contracts for the Appendix B, Page 7, #8 Minimum Wage 23 CFR 633A wage tables may be obtained at: applicable wage rate table(s) http.//www.dot.state flus/construction/wage.shtm or http.//www.wdol.gov Some projects located on roadways If an exemption is requested classified as local roads or rural minor collectors are exempt from consult the State Prevailing Wage Davis Bacon wages Consult your LAP Administrator if you Coordinator for approval believe this project is exempt. _ 24 Progress 23 CFR Develop contract language to ensure that payments are based Review bid document for inclusion General Conditions, Page 39, Payments/Estimates 635 122 on work completed, this may include stockpiled materials. of the provision Article 14, 14 02 I Section 9-5 of FDOT Standard Specifications may be used for i guidance 25 Prohibition Against 23 CFR Develop contract language to prohibit the use of convict- Review bid document for inclusion Appendix B, Page 24, #29 Convict Produced 635 417 produced materials and include in bid document. Local Agency of the provision. Materials may use FDOT Specification 6-5.1 Source of supply -Convict Labor 26 Public Agencies in 23 CFR Do not allow Review bid document to ensure Appendix B, Page 24, #28 Competition with the 1635 112(e) exclusion of the provision Private Sector 27 Publicly -Owned 23 CFR Do not allow Review bid document for exclusion Appendix B, Page 24, #28 Equipment 635 106 of the provision 28 Salvage Credits 49 CFR 18 36 Do not allow Review bid document for exclusion Appendix B, Page 24, #30 of the provision 29 Standardized 23 CFR Develop contract language to ensure that the requirements of 23 Review bid document for inclusion Appendix B, Page 21, #21 Changes Conditions 635 109 CFR 635 109 are met. Sections 4-3.2 and 5-12.6 of FDOT of the provision Contract Clauses Supplemental Specifications and Sections 4-3 and 5-12 of FDOT f Standard Specifications may be used for guidance 30 State (Florida or 23 CFR Do not allow Review bid document for exclusion Appendix B, Page 24, #29 other) -produced 635 409 of state or locally produced materials materials preferences 31 State/ Local 23 CFR Do not use unless there is a public interest finding approved by Review bid document for exclusion Appendix B, Page 24, #29 Owned/ Furnished/ 635 407 FDOT (if specified in the bid document) Local Agency tax of materials furnished by Local Designated Materials savings programs are generally not allowed for federal projects Agency 32 Subcontracting 23 CFR Develop contract language to meet the requirements. The local Review bid document for inclusion Appendix B, Page 24, #31 635 116 agency may use FDOT Standard Specification 8-1 Subletting or of the provision. f Assigning of Contracts. 33 Termination of 23 CFR Develop contract language for termination for cause, Review bid document for inclusion General Conditions, Page 43, Contract 635 125 convenience, and default and include in the bid document, of the provision Artiele -15 525-010-44 PRODUCTION SUPPORT 11113 Page 5 of 6 Requirement Reference Local Agency Responsibility District Monitoring Responsibilities Requirement Location _ 134 Time Extensions 23 CFR Include reasons time extensions are allowed in specifications. Review bid document for inclusion Appendix B, Page 22, #23 635 121 May use Section 8-7 3.2 of the FDOT Standard Specifications of the provision I 35 E -Verify Executive Include the E -verify special provision SP0072800 Review bid document for inclusion Section 00800-5, SC -6 02.A, 1 Order 11-116 of the provision � J 525-010-44 PRODUCTION SUPPORT 11/13 Page 6 of 6 Local Agency- I hereby certify that the above mentioned LAP project construction contract documents contain the provisions set forth in this checklist. Signature Name (Printed) WCc- VJ/.a-/- Position Title q— 5; —1 Li Date District LAP Administrator/Designee I hereby certify that the above mentioned LAP project construction contract documents contain the provisions set forth in this checklist. Signature Name (Printed) Position Title Date TYPE 1 OR PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST FM #- 423186-2 FAP#- SRTS-337-A County- Indian River County State Road#: N/A Project Description The ±.65 mile long project involves construction of two segments of a 5 foot wide sidewalk along the east side of Old Dixie Highway between 38th Lane and 41st Street and between 42" Place and 45` Street. Will the project have a significant involvement with contamination? X Will the project require a public hearing or an opportunity for a public hearing? — _X IMPORTANT If the answer to any of these questions in Yes, then a Type 1 or Programmatic Categorical exclusion does not apply, and additional coordination with the FHWA Transportation Engineer is required to determine the necessary level of environmental documentation YES NO Will the project cause significant adverse impacts to local traffic patterns, proper access, or community cohesiveness, or planned community growth or land w patterns? X Will the project cause significant adverse impacts to air, noise and water? X Will the project cause significant adverse impacts to wetlands? X Will the project cause significant adverse impacts to navigation? X Will the project cause significant impacts to floodplains in accordance with Part 2, Chapter 24? X Will the project cause significant impacts to endangered and threatened species or their critical habitats? X Will the project require acquisition of significant amount of right-of-way? X Will the project require relocation of a significant number of residents or businesses? X Are there any properties protected under Section 4(f) of the U.S. Department of Transportation Act within the project limits that will require a Section 4(f) Evaluation in accordance with Part 2, Chapter 13? X Are there any properties protected under Section 106 of the National Historic Preservation Act within the project limits, and if there are, will the project have a significant impact on any of those properties? Projects that may involve historic properties must meet the requirements for consultation with the SHPO (or THPO as appropriate) as outlined in Part 2, Chapter 12 of this manual. X Will the project have a significant involvement with contamination? X Will the project require a public hearing or an opportunity for a public hearing? — _X IMPORTANT If the answer to any of these questions in Yes, then a Type 1 or Programmatic Categorical exclusion does not apply, and additional coordination with the FHWA Transportation Engineer is required to determine the necessary level of environmental documentation FM #� 423186-2 FAP#: SRTS-337-A County: Indian River County State Road#. N/A Project Description- The ±.65 mile long project involves construction of two segments of a 5 foot wide sidewalk along the east side of Old Dixie Highway between 38th Lane and 41 St Street and between 42w Place and 45'h Street. FINDING: This project has been evaluated and, has been determined to meet the conditions as set forth in the PD&E Manual, Part 1, Chapter 2; therefore. _X_ This project is a Type 1 Categorical Exclusion under (23 CFR 771.117(c)) effective November 27, 1987 This project is a Programmatic Categorical Exclusion per FHWA, FTA, and FDOT Agency Operating Agreement executed on January 15, 2003. Package prepared by: LAP Reviewer:-4<5" eviewer: Name. An obczak Company: Indian River County Address 1801 27`h Street, Vero Beach, FI 32960 l , LAP Engineer:( Ellen Daniel, .E.. aXL46-�� FDOT Concurrence District 4 Environmental Administrator Date: -1 ZOt Date: 7l '� � Z 1 ci Date - The following is a list of any supporting reports or technical studies that were prepared and are included in the project file that were necessary to support the conclusions reached on the checklist. Tlus documentation is required only for unusual circumstance since the projects covered by Type 1 and Programmatic CE determinations do not typically, based on past experience, cause significant impact. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-095-05 LAP CERTIFICATION RIGHT OF WAV 09107 RNV ITEM/SEGMENT NO "/A MANAGING DISTRICT CONSTRUCTION ITEM/SEGMENT NO 4Z'alt3�-2-58-a) STATE ROAD F.A.P. NO (Construction) DESCRIPTION COUNTY I N pDJ n r1 (ZI\)��- V it c�'E—_ c.OrJ6AZC--TV -- Si _v.1pL LETTING DATE % 10, 2.014 QLar13C-J TL -- E D.ST 5► J� of of i::> The undersigned hereby certifies as follows w �- 14 -1 w�� P`� T1 JeJE 't 0+J C::) 4`CE>T7 V 1v'T1zeCE-F Title to all property and easements needed for the above construction project is vested in the Florida Department of Transportation (Department) ora state or local government. Sufficient authority has been obtained to construct and maintain the proposed improvements on property and easements owned by state or local governments Further Acquisition 0 Right of way was not acquired for this project. 0 Right of way was acquired for this project in compliance with applicable state and federal law Relocation 0 No persons or businesses were required to move or move personal property from the project right of way 0 All persons and businesses that were required to move or move personal property from the project right of way have been provided relocation assistance in compliance with applicable state and federal law Demolition 0 No structures or improvements, including encroachments, required removal from the project right of way 0 All structures and/or improvements, including encroachments, have been removed from the project right of way in compliance with applicable state and federal law, or will be included in the construction contract. Asbestos Abatement • No structures or improvements requiring asbestos abatement were located on the project right of way 0 Asbestos abatement of buildings and/or structures, including those to be removed by the construction contractor, has been completed in compliance with applicable state and federal law, or will be included in the construction contract Submitted by Local Agency Certified by Title 04t. wic,_'y Date - Title Cheryl A. Balogh, i;Aftrict R/W Manager Date ADDITIONAL STATEMENT — Local Agency Program No Additional Right of Way Required RNV ITEM/SEGMENT NO N/A CONST ITEM SEGMENT NO F.A.P NO 423186-2-58-01 SRTS-337-A STATE ROAD N/A Construction of a 5' wide concrete sidewalk along the east side of Old Dixie Highway DESCRIPTION between 38`h Lane and 45"' Street PREFERRED LETTING DATE. Sept. 10, 2014 LOCAL AGENCY Indian River County The following interests in land (Right of Way) will NOT be required for the construction of this project. ® Fee Title — land on which a permanent improvement is to be placed and maintained. ® Perpetual Easement — may be used when permanent improvement is to be constructed and maintained on a parcel for which acquisition of fee title is impractical. ® Temporary Easement — used when it is necessary to temporarily occupy a parcel No improvement that is a permanent part of the transportation facility or that requires maintenance beyond the term of the easement will be constructed on the temporary easement. The right of way maps/sketches have been compared to the construction plans and the right of way, as shown, will accommodate the planned construction. The construction activities will be performed in the existing right of way. The contractor will not be required to temporarily enter upon property not owned by INDIAN RIVER COUNTY for the purpose of restoration and harmonization. There are no encroachments within existing right of way that impact the construction project. 3-17--[q SIGNATURE Michael D. Nixon NAME (Printed) Title: Roadway Production Manager Agency, Indian River County Rev 4/12111 RESOLUTION NO.2014- o F, 7 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A LOCAL AGENCY PROGRAM AGREEMENT FOR CONSTRUCTION OF A 5 -FOOT SIDEWALK ALONG THE EAST SIDE OF OLD DIXIE HIGHWAY FROM 381h LANE TO 45TH STREET. WHEREAS, the construction of the sidewalk along the east side of Old Dixie Highway from 38th Lane to 45th Street is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for construction of a 5 -foot sidewalk along the east side of Old Dixie Highway from 38th Lane to 45th Street under the Local Agency Program (LAP); 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 Flescher who moved its adoption. The motion was seconded by Commissioner Davis and, upon being put to a vote, the vote was as follows: Chairman Peter D O'Bryan Aye Vice -Chairman Wesley S. Davis Ay_ Commissioner Tim Zorc A)Ip Commissioner Joseph E. Flescher Aye Commissioner Bob Solari Aye The Chairman thereupon declared the resolution passed and adopted this 19 day of August 2014. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith erk of Court and C9tp er i _. ----- 5+'r~ OF FLORIDA ............... Islov' INDIAN RIVER COUNTY B/ / Opti JFhs'; THIS IS 'r0 CERTIFY T Deputy Clerk A TRUE AND CORRE •= THE ORIGI L O �7+�• j OFFICE �o? I YJi SMIT A as to F��rm L I Stafficiegc)� ; o i' w..ji��q O; `�f• DATE NIt11%ER�..V•-' Dylan Reingol ,County Attorney IS F w,,... •,M1SSIt)rj R• iV: •AGF :4c: o: •�' Np�a N R IVER CO��e D.C. I'APublic Works\ENGINEERING DIVISION PROJECTS\08458 - Old Dixie Hwy Sidewalk (38th Ln - 45th St)\Admim\agenda items\Resolution LAP Agreement 08-07-14.doc 1 TO: PG404AD@dot.state.fl.us 10195360 SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT ARL29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #ARL29 Contract Type: Method of Procurement: Vendor Name: INDIAN RIVER COU Vendor ID: VF596000673026 Beginning date of this Agmt: 09/03/14 Ending date of this Agmt: 12/31/16 ************************************************************************ ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS Action: ORIGINAL Funds have been: APPROVED 55 043010404 *OM *790087 * 153140.00 *42318625801 *215 *20.205 2015 *55150200 *088796/15 0001 *00 * *0001/04 ------------------------------------------------------------------------ Action: ORIGINAL Funds have been: APPROVED 55 043010404 *OM *790078 * 18377.00 *42318626801 *215 *20.205 2015 *55150200 *088718/15 0001 *01 * *0002/04 ------------------------------------------------------------------------ TOTAL AMOUNT: *$ 171,517.00 * ------------------------------------------------------------------------ FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 09/02/2014