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FLORIDA DEPARTMENT OF TRANSPORTATION (, FORM 51�41DA0 0
• /. LOCAL AGENCY PROGRAM: AGRM, 1EN T (- �,2 �� [ON STRUMONN
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Job No:Z� c�$1S-/- g. .-
Contract No: ,I�,E� �Z 3 Vendor No.F_�S'�lOODla7 ¢�38
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THIS AGREEMENT, made and entered into this - Xg _�dav of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of
Florida, hereinafter called the Department, and IRIDIAN RIVER COUNTY
4 1840 25TH STREET, VERO BEACH, FL 32960 hereinafter called the Agency.
WITNESETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and
the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the
implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes
to enter into this Agreement; FELLSMERE ROAD -(CR 512) BIKEPATH FROM WILLOW STREET TO
MYRTLE STREET IN THE CITY OF FELLSMERE, FLORIDA
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 and as further described in Exhibit "A" attached hereto and
by this reference made a part hereof, hereinafter called the project, and to provide Departmental financial reimbursement to
the Agency and state the terms and conditions upon which such reimbursement will be provided and the understandings as to
the manner in which the project will be undertaken and completed.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all
practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Agency Program Manual.
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 responsible charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before . January 1, 2001_
If the Agency does riot complete the project within this time period, this Agreement will expire unless an extension of the time
period is requested by the Agency and granted in writing by the District Secretary, District —rmf 12 --
prior to the expiration of the agreement. Expiration of this Agreement will be considered termination of the project.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will
initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
Exhibit 11-2-1 Local Agency Program Agement R F M- 1 1.1E ® 2-2-3
JAN 2 G 2000
CLERK TO THE BOARD
111
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FORAI 5250(0.(0
CONSTRUCTION
P.W. 3 or 10
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal
aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts and Other Documents: The Agencv shall submit to the Department such data,
reports, records, contracts and other documents relating to the project as the Department and the Federal Highway
Administration may require.
3.00 Project Cost:
03.01 Total Cost: The total estimated cost of the project is S 217., 000 _. This amount is based u v
p n
the ectimar. �. y �e , u �.�ubit "B" auached hereto and by this reference trade a part hereof. The Agency agrees to bear
all expenses in excess of the total estimated cost of the project and any deficits involved.
3.02 Department Participation: lite Department agrees to participate, including contingencies, in the project cc;si to the
extent provided in Exhibit "B". This amount includes Federal -aid funds which are limited to the actual amount of Federal -aid
participation. .-
3.03 Cants on State Funds: Project costs eligible for State participation will be allowed only from the date of this Agreement.
It is understood that State 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 conuTitted;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature.
3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than
one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into anv
contract which, by its terms, involves the expenditure of money in excess of the anlo nts • bud --; aveiiable
fnr rye , dining s l-li iiscai year. Any contract, verbal or written, made in violation of this subsection
is null and void, and no money shall be paid on such contract. The Department shall require a statement from
the comptroller of the Department that funds are available prior to entering into any such contract or other
binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods
exceeding one 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 contacts of the Department which are for an amount in excess of 25,000 dollars and which have a term
for a period of more than one year."
3.06 Ltrnits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in conformity
with applicable Federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by
the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of
any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or pan thereof involving
Fxhibit II -2-1 Loml Agency Progrm Agreement
2-2-4
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FORM 32-4-01040
coNSTRURION
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such cost. (23 CFR 1.9 (a)) If FHWA or the Department determines that any amount claimed is not eligible, federal
participation may be approved in the amount determined to be adequately supported, the Department shall notify the local
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 fw-lds may be withheld until compliance is obtained.
Where non-compliance is not correctable, FHWA or the Department may denv participation in parcel or project costs in part
or in total.
For any amounts determined to be inebgible 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.
3.07 Retainage: Retainage QO (is not) applicable. If applicable,-"ercent of the Department's total share of parbcipadon
as shown in Exhibit "B" is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion
of the final project audit.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project estimate, shall be
prepared by the Agency and approved by the Department. The Agency shall maintain said estimate, carry out the project and
shall incur obligations against and make disbursements of project funds only in conformity with the latest approved estimate
for the project. The estimate 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 estimate increase or decrease shall be effective unless it complies with fund participadon requirements established
in Exhibit "B" of this Agreement and is approved by the Department Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall
be maintained and made available upon request to the Department at all times during the period of this Agreement and for five
years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request.
Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting
documents and records, of the Agency and all subcontractors performing work on the project, and all other records of the
Agency and subcontractors considered necessary by the Department for a proper audit of costs.
5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs
in excess of the latest approved estimate 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 rerords, ... _,__ ,,,trod-. or oul—huib evidencing
to proper detail the nature and propriety of the charges.
5.04 Audit Reports: State highway agencies and local government agencies which receive Federal -aid highway funds shall
comply with the latest audit requirements as established in 49 CFR Part 9U.
The Agency shall provide to the Department for each of its fiscal years for which the project accowa remains open, an audit
report prepared either by its official auditor or audit agency or an independent certified public accountant, reflecting the use
of the funds of the Department, the Agency, and those from any other source with respect to the project. Audits shall be
performed in accordance with generally accepted government auditing standards contained in the Standards for Andit of
C-.nvernrnental Drganizatinnc Programs, Artivities and Funrtinac, issued by the U. S. General Accounting Office and OMB
Circulars A428 or A-133 where applicable. The Agency shall require its auditors to include in their report a schedule of
project assistance which shall include a schedule of project assistance that will reflect the Department's contract number, WPI
number, Job number, and the Federal Identification number, where applicable, and the amount of state funding.
F.:dnibit II -2-1 1 oca1 Agency Progr-,nt Agrement 2_2-5
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FORM 72.."10 0
CONSTRUCTION
MSC • I V96
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5.05 Record Retention: All records shall be maintained for a period of three years beginning after the Federal Highway
Administration approves the final voucher. If any litigation, claim, or audit is started before the expiration of the 3 year period,
the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
5.06 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials,
payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency, or any contractor, sub-
contractor, or materials vendor, to allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 114, Florida Statutes and made or received in conjunction with this Agreement.
(Section 287.058(1)(c), Florida Statutes)
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses shall
be submitted in detail sufficient for a proper pre -audit and post -audit thereof. (Section 287.058(1)(a), Florida Statutes)
Any request for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida Statutes.
The Department may establish rates lower than the maximum provided in Secdon 112.061, Florida Statutes.
(Section 287.058(1)(b), Florida Statutes)
if, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any
agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty
(60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract by
the Department.
7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of
the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its 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 ik- ±avtrnent: 'M: Agency slull have siren any action pertaining to the project which. under this agreement,
requires the approval of the Department or has made related expenditure or inr_.urred related ob;igauons without having been
advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for Federal -aid. (FAIN)
7.07 Disallowed Costs: In detennining the amotmt of the payment, the Department will exclude all projects costs incurred by
Exhibit U-2--1 lel Agency Progran AgreenEnt
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FORM )301040
CONSTRUCTION
OOC • QEl aM1
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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 estimate for the project, and costs attributable to goods or
services received under a contract or other arrangements which have not been approved in writing by the Department.
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 nlay terminate this Agreement in whole or in part at any time the interest of the Department
requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of
(a) immediately terminating the agreement, or (b) suspending the agreement and notifying the Agency of the deficiency with
a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end
of such time. Suspension of the contract will not affect the time period for completion of the agreement.
If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the agency, the
Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the
stage of work at which the agreement is terminated.
If the Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice of Termination or Suspensiom 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: (1) 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 the minimum the costs upon the basis of which the financing is to be
computed; (2) 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
estimate as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure
of the Agency to furmsh the schedule, plan, and estimate within a reasonable time. The closing out of federal financial
participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of
this Agreement.
9.00 Contracts of the Agency:
9.01 111ird '_qty ".s. = rts; ;except as omerwise authorized in writing by the Department, the Agency shall not execute
anv contract or obligate itself in an manner requiring the disbursement of Demrmtent funds r^lud!^~
8a Y 9 g ing corsultant or
corsavcuon contracts or amendments thereto, with any third parry with respect to the project without the written approval of
the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department
specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or
disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that
participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering,
architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida
Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the
Department in the Consultant Selection Process for all projects. In all cases, the Agency's Attorney shall certify to the
Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act.
Exhibit II -2-1 Loca'- Agency Prog m Agreement '._1
0
FORM 3L"1040
CONSTRUCTION
OOC • 121%
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10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 C.F.R. Part 23,
as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part
with Department funds under this Agreement. The DBE requirements of 49 C.F.R. Part 23, as amended, apply to this
Agreement.
10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined
in 49 C.F.R. Part 23, as amended, have the maximum opportunity to participate in the performance of contracts and this
Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in arcord_ance with 49
C.F.R. Part 23, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete
for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of Department assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part
of this project, the Agency must comply with Subpart (E) of 49 C.F.R., Part 23, as amended.
11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
11,01 Enu-t Ernplo-, merit O_ppoxwntlt __ 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 inaterials, 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.
11.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and
the assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties ttat ensure compliance with Time VI of the Civil Rights
pct of 17ire; 49 C.F.R., Pan Z1; and related statutes and regulations.
11.03 Arneriaans 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.
11.04 Debarment: Contractors who are currently suspended, debarred or voluntarily excluded under 49 C.F.R. Part 29 or
otherwise determined to be ineligible, shall be prohibited from participating in the Federal -aid highway program. (23 C.F.R.
635.110 (e))
11.05 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
Exhibit Lr -2-1 meal Agency Program Agrempnt
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' FORM 32.t410J0
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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 bush —e s with any public entity in excess of the threshold
amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
11.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract,
subcontract, or arrangement in connection with the project or any property included or planned to be included in the project,
in which any member, officer, or employee of the Agency or the locality during his tenure or for two years thereafter has any
interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired
prior to the beginning of his 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 subsection: Provided, that any such present
member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract,
subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be
included irk 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 two years thereafter shall have any
interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or
to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
11.07 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 the Agreement or any benefit arising therefrom.
12.00 Miscellaneous Provisions:
12.01 Environmental Pollution: The Agency will be solely responsible for compliance with all applicable environmental
regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any
loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits.
12.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party
other than the Agency.
12.03 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 nepartrnent „c -•• b - f -_- -which
_----�-._.._...... �a��„ i;1 wvclmu[ �r any aetaunt may then
exist, on the pan of the Agency, and the malting of such payment by the Department while any such breach or
default shall exist shaii in no way impair or prejudice any right or remedy available to the Department with respect to such
breach or default.
12.04 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.
12.05 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.
12.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
thereof, perform any other act or do any other thing in contravention of any applicable State law- Provided, that if any of the
Exhibit II -2-1 1,ocal Agency Program AgreanHnt 2-2-9
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CONST RUCTION
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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.
12.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless
the Department and all its officers, agents and employees from any claim, loss, damage, cost charge or expense arising out
of any act, error, omission, or negligent act by the Agency, its agents, or employees daring the performance of the Agreement,
except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss damage, cost.
charge or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or
employees during the performance of the Agreement.
Thees agree that this clause shall not waive the bene
para gr fats ,;r provistoru 6i Chapter 768.215. Florida Statutes or any similar
provision of law.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance
of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency
and the Department will evaluate the claim and report their findings to each other within fourteen (14) worldng days and will
jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require
the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as
described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any
right herein to require the participation in or defense of the claim by the Agency- The Deparmient and the Agency will each
pay its own expenses for the evaluation, settlement negotiations, and trial, if anv. However, if only one party participates in
the defense of the claim at trial, that party is responsible for all expenses at trial.
L_0$ Flans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State
Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the
project. The Department will review all plans and specification and will issue to the Agency written approval with any
approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate.
After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the
Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause
of nonpayment by the Department.
1-1.09 Agency Certification: The Agency will certify in writing prior to project closeout that the project was completed in
accordance with applicable plants and specifications, is in place on the Agency facility, that adequate title is in the Agency and
that the project is accepted by the Agency as suitable for the intended purpose.
12.10 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 incl! +e en . d__.
12.11 Execution of AQrepiment: This Agreement miav w simulEareousiy executed in a minimum of two counterparts, each
of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same
instrument.
12.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency,
Lo 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
•ontract, 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.
Exhibit II -2-1 Local Agency Progtaca Agteertiett
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If anv funds other than federal 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 Joint Participation Agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agenev shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency.
12.13 Maintenance: The Agency agrees to maintain any project, not on the State System, constructed under this Agreement.
12.1.4 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department
should be aware of the following time frames. Upon receipt, the Department has five (5) worldng 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 Banldng and Finance. 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 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) dollar will not be enforced unless the
Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result
in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. 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 (904)488-2924 or by calling the State Comptroller's Hotline, 1-
800-848-3792.
Exhibit II -2-1 meal Agency Progran Agremett 2-2-11
•
L
FORAM 5154I040
CONSfRUMON
()GC • 1?'*
Hfrc 10 of 10
IN WI PIESS WiMREOF, the parties have caused these presents to be executed the day and year first above written.
STATE OF FLORIDA DEPAR HENT OF TRANSPORTATION
By: /j!� By:�
nneth R. Chairman Districts cretar�y
Anes : Ll�iY.GAf.y% /i By; / L V CiM�
Tidtl'RMEIA.M.RIDnF-W.;l;8T'-'_ l.E-I;;! xojuvveSecretary
BCC Approved October 5, 1999
As to form: As to form:
Attorney District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
Exhibit U-2-1 Local Agncy Program Agreement
2-2-12
WPI NO.
DOT PROJECT NO.
EXHIBIT A
Project Description and Responsibilities
FORM 51"1040
.4N TRUMON
OCC • 121K)
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of
Transportation and
INDIAN RIVER CO[JNTY
1840 25TH STREET, VERO BEACH, FL 32950
Dated
PROJECT LOCATION:
FELLSMERE FLORIDA: FELLSMFRE ROAD (CR 512)
The projectXs/is not on the National Highway System.
The project 3/is riot on the State Highway System.
PROJECT DESCRIPTION: CONSTRUCTION OF AN 8' WIDE RECREATION PATH ADJACENT TO
FEIL SMERE ROAD (CR 512) . THE PATH WILL EXTEND FOR 0.80
MILES FROM WILLOW STREET TO MYRTLE STREET.
SPECIAL CONSIDERATION BY AGENCY:
SPECIAL CONSIDERATION BY DEPARTMENT:
)exhibit II -2-1 Local Agency Program Agreemmt
2-2-13
FORM $25-01040
CONSTRUCTION
OGC • 12,06
AGENCY NAME & BILLING ADDRESS
STATEOFF10aIDA DEPAITs(E,TOFTAASSPOKTAT10I
W.P.I. NO.
Indian River County
LOCAL AGENCY PROGRAM
P.E. A. Agency Work
b. Other
c. Department Services
d. Total PE Cost Estimate (a+b+c)
Right -of -Way e. Agency Work
f. Other
g. Department Services
_ h. Total R/W Cost Estimate (e+f+ )
1840 25th Street
AGREEMENT
34, 000
F.D.O.T. PROJECT NO.
Vero Beach, FL 32960
EXNTBIT'B'
ESTIMATE OF FUNDING
PROJECT DESCRIPTION
Name Fellsmere Road (CR 512) Bikepath _ Length 0.80 miles _
Termini willow Street and Myrtle Street
Description of Work:
TYPE OF WORK
ESTIMATE OF FUNDING
(t)
ESTDAATED TOTAL
PROJECT FUNDS
(2)
ESTIMATED AGENCY
FUNDS
(3)
ESTIMATED
FEDERAL FUNDS
P.E. A. Agency Work
b. Other
c. Department Services
d. Total PE Cost Estimate (a+b+c)
Right -of -Way e. Agency Work
f. Other
g. Department Services
_ h. Total R/W Cost Estimate (e+f+ )
A. 000
34, 000
Construction i. Contract
j. Other
k. Other
I. Other
rn. Total Contract Costs (i+j+k+l)
Construction Engineering
o. Other . Agency Contingency
o
p. Department Forces
q. Total Construction Engineering (n+o+p)
r. Total Construction Cost Estimate (m+)
154;000
154,000
-
—
ID14, UUU_
23,000
177,000
177 000
s. TOTAL COST ESTIMATE OF THE
PROJECT (d+h+r)
211,000
211,000
*Federal participation in Construction Engineering ) is limited to 15% of the Total Contract Costa. (line m. column 3)
The Federal -aid participation rate in this project will be determined by the Federal Govcrnmcm. The panics expect that it will beLO-.%.
however, it is understood that the rate may vary. The Agency agrees that this agreement is entered without relying upon any representation
by the State trade outside of this contract, or contained herein, as to what the Federal participation rate will be. It further sprees that it will
rssx
-M;'1- any 5m--- _- _-z with _--'- - - r .d b vis • retment upon past, current. or future representations as to t_he
- r..,.� �., �,� y�oJac� cove , y 8 P
Federal partieip_tton ._;_, 'n- dollar amours -f Fcdcrai Par ictparon cannot exceed the amount shown in line s., column (3). All costs
not reimbursed by the Federal Government shall be the r=aponsibihry of the Agency.
RECYCLED PAPERS
Exhibit 11-2-1 Local Agency Prog m AgreemEnt 2-2-14
J
e
TYPE 1 AND PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST
State Project No. WPI No. FAP No.
Project Description:
YES NO
x Are the impacts to local traffic patterns, property access, community cohesiveness,
plaruied community growth or land use patterns not adverse?
XAre all air, noise and water quality impacts negligible or non-existent?
X _ If there is wetland involvement, does it qualify for either Nationwide or General
Permit?
X e Can the project proceed without a U.S. Coast Guard Permit?
X _ Are any or all flood plain encroachments not significant in accordance with Part 2,
Chapter 24?
X — Will endangered and threatened species and their critical habitats remain
unaffected?
X _ Is there no right-of-way or an insignificant amount of right-of-way required for the
project?
X Are the residential or business relocations for the project not significant?
X _ Is Section 4(f) not applicable to the project?
X Have properties protected under Section 106 which are taken, used or in close
proximity to the project been identified and if applicable reviewed by SHPO, and
has a determination of "No Effect" or "No Adverse Effect" been 'given?
X Is the Contamination involvement not significant?
X The project does not require a public hearing or an opportunity for a public
hearing?
IMPORTANT If the answer to any of these questions is No, then a Type 1 or Programmatic
Categorical exclusion does not apply.
Figure 3.2 Type 1 and Programmatic Categorical Exclusion Checklist (continued)
Rev. 10-31-97 PART 1, CHAPTER 3 3-25
40
State Project No. WPI No. FAP No.
Project Description:
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 3; therefore:
X — This project is a Programmatic Categorical Exclusion per FHWA approval on
March 1, 199$ as ammcnded on September 4, 1996.
XThis project is a Type 1 Categorical Exclusion under (23 CFR 771.117(c)) effective
November 27, 1987.
Reviewer:
Date:
(NOTE: This is a sample checklist for District use. This Checklist may be modified to meet
individual District needs.)
Figure 3.2 Type 1 and Programmatic Categorical Exclusion Checklist (concluded)
Rev. 10-31-97 PART 1, CHAPTER 3 3-26
40
Florida DepartmentofTransportation
,IVB Buses
District Four Environmental Management Office THOMAS F. BARRY, JR.
3400 West Commercial Boulevard
GOVERNOR --•;--t+tsGRBTAftY-�__
Fort Lauderdale, Florida 33309-3421 den
Telephone: 954-771-4336, Fax: 954-777-4310
AUG U 2 'M.9
July 29, 1999 ._
I
plat �c� kj.J bc: T
Mr. James W. Davis, P.E.
Director of Public Works
Indian River County
1840 25th Street
Vero Beach, Florida 32960
Dear Mr. Davis:
Subject: County's Request for FDOT to Perform Cultural Resource and Archeological
Assessment for Several Enhancement Projects in Indian River County.
This is in response to your request for Cultural Resource and Archeological Assessment for
several enhancement projects in Indian River County. Ms. Ana Gannon, our Environmental
Administrator and District Cultural Resource Coordinator, performed a field survey on all the
projects listed in your letter of request and found the following:
Projects clear of any cultural resource and archeological involvement:
FPN 228624 SR 60 Bikepath from 17th St. to Royal Palm
FPN 230874 Indian River Drive Bikepath from Sebastian So To Sebastian No. City limits.
FPN 230886 Roseland Bikepath from 126 St. to 300' West of U.S. 1.
FPN 230887 Gifford Medical Connector, Gifford Pedestrian Walkway U.S. 1 from 37th St. to
No. Of 45th St.
FPN 230888 Fellsmere Rd. Bikepatl; from Willow St. to Myrtle St.
FPN 230897 27th Ave./9th St. S.W. Bikepath & Sidewalks.
Projects requiring a Cultural Resource Assessment (CRA): (Since these projects are now
under the LAP, these surveys should be managed by your office)
FPN 228626 SRA -1-A Bikepath from CR 510 to Brevard County Line.
FPN 230875 CR 510/CR 505 Sidewalk 66111 Ave. To SR A -1-A and 77th St. to Barber St.
FPN 230890 Old Winter Beach Rd. Bikepath.
www.dot.state.fl.us ® RECYCLED PAPER
db
0
Mr. Jim Davis
July 29, 1999
Page 2
If you have additional questions regarding these results or I can be of further assistance, please
contact me or Ana Gannon at SC 4364334.
Sincerely,
',-2�— 0,, + k
Beatriz Caicedo-Maddison, P.E.
Enhancement Program Coordinator
District 4
Copies: Ana Gannon, DEMO
Bob Keating, Indian River County, MPO.
RESOLUTION NO. 99-1 10
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING EXECUTION OF A LOCAL AGENCY
AGREEMENT FOR THE FELLSMERE ROAD (CR 512) BIKE
PATEUSIDEWALK, BETWEEN WILLOW STREET AND
MYRTLE STREET, WITH TETE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, AND PROVIDING FOR
AN EFFECTIVE DATE.
WIIEREAS, the State of Florida, Department of Transportation and Indian River
County desire to facilitate the construction of the Fellsmere Road (CR 512) Bike PaWSidewalk; 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 Agreement for the aforementioned project;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COI' IMISSIONER.S 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 Agreement for the aforementioned project.
The foregoing resolution was offered by Commissioner Adams
who moved its adoption. The motion was seconded by Commissioner G i n n
and, upon being put to a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice -Chairman Fran B. Adams Aye
Commissioner John W. Tippin Ay
Commissioner Caroline D. Ginn ye
Commissioner Ruth M. Stanbridge Aye
The chairman thereupon declared the resolution passed and adopted this 5th day
Of October , 1999.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN WVER COUNTY, FLORIDA
Kenneth R. Macht, 41FMan ,er County Aoorovea Da
I
J K. BARTO , Cler lc4yAWE1
A: 91917 f .1u1wn-m,.%P1 �� Jl
Go
O
FELLSMERE BIKEPATH
525-910-300 C HE CK L T S T August 20, i997
® Local Agency Program Manual Chapter 2 Section I
PROJECT FUNDING APPLICATION CHECKLIST
LOCAL AGENCY:Indian River County PROJECT IDENTIFICATION: 230889-1-54-01 Construction
WORK PROGRAM ITEM NO.: STIP PAGE NO. Grant
TIP PAGE NO.:
Use this sheet as a cover sheet to the project application package. Place an "X" in the right column to
denote items included. If not applicable, state N/A. Include in the cover letter a comment explaining the
action taken on each item as appropriate.
Application:
1. Federal -aid Project Funding Request Cha 11- 1) X
2. Vicinity Map ............................................ •......... X
3. Typical Roadway Section ........................................... X
4. Typical Bridge Section ............................................. Nf A
5a. Local Agreement (Chapter 1I-2) ...................................... X
5b. Resolution No. , Dated;
(if required)...................................................... X
Supporting Data:
6.
State Clearinghouse (ICAR) (Chapter 1-4) ..............................
N/A
7.
Safety Improvements --
--(ChapterlV-1)
(Chapter IV-1)....................................................
N/A
8.
Photos of Railroad Crossing .........................................
__N_7A_
9.
Deviation Request and Justification(Chapter IV -1) ........................
N A
10.
Environmental Document (Chapter I1-4) ...............................
X
11.
Compliance with environmental document commitments ..................
N A
12.
Right of Way Required (Chapter I1-5) .................................
N A
a. Pre -Qualification Letter of Approval
rrom FDOT...............................................
N/A
b. Right -of -Way Maps .........................................
--N7T—
c. Right of Way Project Cost Estimate .............................
N/A
d. Request Right of Way Project Authorization ......................
N/A
13.
Right of Way Certification (Chap.11-Sect 5) .............................
N /'A
14.
Agreements/Easements with Railroads, Utilities,
and Other Ager;.:c:; (IFDO, ,.
Other --o_..�..�., �. Lv, s Project Lavelopment
and Environmental Guidelines, Part 2; Grade
Crossing, Procedure No. 725-080.120; and
Utility Negotiation/Agreements, Procedure
No. 710-010-050) .................................................
N/A
15.
Corp of Engineers, and/or Coast Guard Permits (Environmental
Permit Coordination
Procedure No. 650-040-001) ...... . .................................
N/A
16.
Water Management District Permit
16. to follow
17. NPDES Permit
18. FAA Notificas:ion (FAA for 7460.1) (14 CFR,
Exhibit 11-1-1 - Project Funding Application Checklist 2-1.2
52"10-300 August 20, 1997
Local Agency Program Manual Chapter 2 Section I
Part 77; Chapter 333 Florida Statutes) .................................. DILA
19. 'Tied Bids (Chapter IV -3) ........................................... m / A
20. Lobbying (Chapter IV -3) ........................................... N/A
a. Certification Regarding the Restrictions
of the Use of Federal Funds for Lobbying ........................ N/A
b. Discldsure of Lobbying Activities .............................. N/A
REMARKS:
Exhibit 11-1-1 - Project Funding Application Checklist 2.1-3
•
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORA/ 57541030
19
FEDERAL -AID PROJECT FUNDING REQUEST FINNlCVL PUWNPs" i of; P.a. a
DATE: 09/10/99
AGENCY: jtjj) R ,R I;Q(jI�LY-., _ FEDERAL -AID PROJECT NUMBER: _23088H-1-54-01. ( )
FIN NUMBER: _ _ STATE JOB NUMBER: TIP PAGE NO.:
PROJECT TITLE: FELISMERE BIKEPATH
PROJECTTERMINIFROM: MYRTLE STREET — TO: WILLOW STREET _
WORK PHASE: _ PLANNING _ ENVIRONMENT _ DESIGN X CONSTRUCTION RIGHT OF WAY
AWARD TYPE: LOCAL STATE LOCAL FORCES
ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most
recent reevaluation date.
EIS approved on _ , and reevaluated on
EA/FONSI approved nn and reevaluated on
Categorical Exclusion:
Programmatic Categorical Exclusion determination on _MARCH 1, 1995, SEPT. 4, 1996
Type I Categorical Exclusion determination on NOV. 27, 1987
Type II Categorical Exclusion approved on
Categorical Exclusion Reevaluation on _.
AREA CLEARINGHOUSE DATA INCLUDED? Yes -XNo MPO. INDIAN RIVER COUNTY
PHASE
TOTAL
ESTIMATED COST
(Nearest Dollar)
LOCAL AGENCY STATE FEDERALFUNDS
FUNDS FUNDING STA=TE
(Nearest Dollar) (Nearest Dollar)
PERCENT
FEDERAL OBLIGATION DATE
FUNDS
MONTH YEAR
DESIGN
34,000.00
34,000,00,
100%
RiVV
0
CONST.
1 177,000.00
177,000.00
100%
TOTAL
1 211,000.00
211,
$
DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition)
Roadwaywloth: 30'-42' _ Number of Lanes: 2
Bridge Number(s) on Project:
APTION OF PROPOSED WORK _ New r-nnsl-,uc icn —r - ENHANCEMEr i CONGESTION MITIGATION
Roadway Width: 30'-42' NumberofLanes: 2
Bridge Number(s) on Project:
Construction of an 8' wide concrete sidewalk along the south right-of-way of
CR 512 frotn Willow Street west to Myrtle Street.
LOCAL AGENCY CONTACT PERSON: Robert S. Skok TITLE: Civil Engineer
MAILING ADDRESS: 1840 25th Street PHONE: ( 561) 567-8000 x-280
CITY: ZIP CODE:
LOCATION AND DESIGN APPROVAL/ er J. Kafer.�r,_.-
DATE: 9 �ZD • 9 9
Fxitibit II -1-3 Federal. Aid Funding Request 2-1--b
J
FORM 375-01630
F1NMCUL PLANNING • 0691
INDIAN RIVER P.o.7a7
AGENCY couPROJECT TITLE F,T SMERE BIKEPATH DATE 09-10-99
ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS
Indian River County wies within the St. John's River Water Management District.
This project requires permitting with that agency due to the amount of
impervious surface being constructed is more thanrn9minum required for permitting.
RIGHT OF WAY AND RELOCATION
The existing right-of-way is 8o1 wide.
No additional right -of --way is needed.
DESCRIPTION OF UTILITY RELOCATION OR ADJUSTMENTS AND EXISTING MAJOR STRUCTURES INVOLVED IN THE PROJECT
Most utility poles can stay in present locations. At the west end, sane swale
and ditch relocation will be necessary.
THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR
ITS' DESIGNEE, AND IS NOT INCONSISTENT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY
DEVELOPMENT.
AG Y:^Indian River ounty
DATE: October 5, 1999 VMa
BYe neth tN6d(�na R uRl
RECYCLED PAPER
do
BEG/N PROJ-rC
AGENCY: /ND/AN R/!/DR COUNTY, FL.
PURL/C WORKS DEPT./ENG/NEER/NG DIV
DATE: DRAWN BY:
9/2/99 M. ✓. 77
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