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FL ORMA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMIEAT 1 l FORM -01040rl '
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WPI No: Fund: SAMAS Approp: l
Function: SAMAS Obj.:
Job No: Federal No: Org. Code:
Contract No: Vendor No.:
THIS AGREEMENT. [Wade and entered into this 51 h day of October
19_ 9 9 _. by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an azencv of the State of
Florida, hereinafter called the Department. and _ INDIAN RIVER COUNTY `
1840 25TH STREET, VERO BEACH, FI. 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; ROSE AND ROAD (CR 505) BICYCLE PATH FROM 126TH STREET TO 300
FEET WEST OF US #1, IN THE CITY OF ROASELAND, 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 trade a pan 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 frill time employee of the Agency, qualified to enure that the work being pursued is complete, accurate, and consistent with
t -e ter*t+s, c-----..•.., ....,. �u,,,,.,,,ca,.o,ts or sus agreement shall be in responsible charge of each protect.
the Agency agrees to complete the project on or before JANUARY 1_2001
If the Agency does not 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 FOUR
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.
Fzl ibit 11-2-1 Local Agency Program Agremertt
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FORM 31.1010.10 �
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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 Agency shall submit to the Department such data,
reports, records, contracts and other documents relating to the project as the Department and the Federal Highway
Administration may require.
3.00 Project Cost:
03.01 Total Cost: The total estimated cost of the project is 5 229, 000 . This amount is based unnn
the estimate s rnrnari_ed in E -Mbit "B" arached hereto and by this reference made a part hereof. The Agency agrees to bear
all expenses in excess of the totai estimated cost of the project and any deficits involved.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the projectcostto the
extent provided in Exhibit "B". This amount includes Federal -aid funds which are limited to the actual amount of Federal -aid
participation.
3.03 Limits on 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 committed;
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 any
contract which. by its terms, int•ol-es the e r iWre of riorrev in excess of the amounts budgeted as available
for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this �uh;_ction
is ni!!! aro± —;d. and ru imu;,cy & ,all 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 contracts 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 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in conformity
with applicable Federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by
the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of
any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or pan thereof involving
Faidbit II -2-1 local Agency Program A retro em
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FORM 5210 1040
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such cost. (23 CFR 1.9 (a)) If FHWA or the Department determines that anv 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 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 pan
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.
3,07 R iairage: Retainage 6* (is not) applicable. If applicable, N/Apercent of the Department's total share of participation
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 die 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 estimame increase or decrease shall be effective unless it complies with fund participation requirements established
in Exhibit "B" of this Agreement and is approved by the Department 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 Intvrred 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 th.
Agency or oth;rs, shall M _T� r. -w by prvNcuy executed payroiis, time records, invoices, contracts, or vouchers evidencing
in 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 941.
The Agency shall provide to the Department for each of its fiscal vears for which the project account 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 Aw it of
C,nvernmental Orvani7atinissued by the U. S. General Accounting Office and OMB
Circulars A-128 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.
Exhibit 11-2-1 meal Agency Program Agreement
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FORM GC - 10-a0 `
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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 vear 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 contactors 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 Agencv, or anv contractor, sub-
contractor, or materials vendor, to allow public access to all documents, papr.rs, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement.
(Section 287.05.4:/m vC I'lorida 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 Section 112.061, Florida Statutes.
(Section 287.058(1)(b), Florida Statutes)
If, after project completion, any claim is trade by the Depa� u„ent 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 contact 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 taming 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 Depananent: The Agency shall have ken at v action pc sir ng -W the pri joci 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 DUp - nent
� .... ..t,a. ��,�•,1 u`1ai seine 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 defdAt under any of the provisions of the
Agreement.
'.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for Federal -aid. (FAIN)
7.07 Disallowed Coats: In determining the amount of the payment, the Department will exclude all projects costs incurred by
Exhibit 11-2-1 Local Agency Progran Agreelaht
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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 witil 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 pan 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 Suspension. Upon receipt of anv 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 teams 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 the Agency:
9.01 Third Party A_ .,e: Facep; as oL,a wisp audfonzed in writing by the Department. the Agency shall not execute
any contract or obligate itself in an manner requiring the dishur_r*+ , ,f De^= _-_ _ -,-
ga Y m....,...—a fwwa. including consultant or
construction 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,
architecttre 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 11-2-1 Local Agency Program Agemmgnt
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FORM 5wJ1_-
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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 pan
with Department funds under this Agreement. The DBE requirements of 49 C.F.R. Pan 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 accc:dance :ve'u`1 49
C.F.R. Pan 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 pan
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 Equal Employment Opportunity: In connection with the caging 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 starts. 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.
11.02 Title VI - Civil Rights Act or 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and
the assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ermire compliance with Is Ji of the Civil Rights
Act of i964; 49 C.F.R., Part 21; and related statutes and regulations.
11.03 Americans with Disabilities Act or 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. Pan 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 II -2-1 1 ocal Agency Procan Agreement
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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 business with any public entity in excess of the threshold
amount provided in s.297.017 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 am 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 beguuting of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency
%ith prior approval of th., Depa, awnt, 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
included4n 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, director indirect, in this contractor 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.
11.071nterest or 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 Lability 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.
1-1.02 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 Department of any breach of covenant or any default which m_y then
cxist, orl ate Nen i of tete 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.
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 arty other act or do any other thing in contravention of any applicable State law: Provided, that if any of the
Exhibit 1I-2-1 Local Agency Program Agreement
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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 [Wade 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 cleirn, loss, damage, cost charge or expense arising out
of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement,
except that neither the Agency, its agents, or its employees will be liable tinder 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.
The pa&.es agree that this clause shall not waive the benefits or provisions of Chapter 768.28, 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) working 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 Department and the Agency will each
pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one parry participates in
the defense of the claim at trial, that party is responsible for all expenses at trial.
12.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State
Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the
project. The Department will review all plans and 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.
12.09 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 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 Agement Format: Ail 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 anv gender shall a——i
U.1111 ExeWtiorl of
Agreenent: This Agreement may be simultaneously executed in a rr_nimum 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.
1-1.12 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,
to any person for influencing or attempting to influence arty 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, contirmaon, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.
F-dtibit Tf-2-1 Local Agency Program Agreement
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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 Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrans, and contracts under grans, 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 lobbving the Legislature or a state agency.
12.13 Maintenance: The Agency agrees to maintain any project, not on the State System, corstntcted under this Agreement.
12.14 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department
should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve
the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20
days to deliver a request for payment (voucher) to the Department of Banking 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 Banling 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 1I-2-1 Local Agency Program Agree mt
2-2-11
s
FORM 31$-01040
CONMUMON
o0C-1±An
P. to.( 10
IN WITNESS WHEREOF, the parries have caused these presents to be executed the day and year first above written.
B_v:
'tie' neth R. 1Ma Chairman
Atte St��ir�tu. ✓!
Tide: PATRICM 1M. HIDGELY
DEPUTY CLERK
As to form:
J C� ,Eu LZ
Attornev
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
District Secretary
By:
Executive Secret -Ary
As to form:
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
Eddbit M-2-1 Local Agency Program Agreement
2-2-12
C_1
0
WPI NO.
DOT PROJECT NO.
EXHIBIT A
Project Description and Responsibilities
FORKI 3:3-010"1
CONSTRICTION
MC . 12^
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida. Department of
Transportation and
INDIAN RIVER COUNTY
1840 25TH STREET, VERO BEACH, FL 32960
Dated
PROJECT LOCATION: ROSELAND, FLORIDA: COUNTY ROAD 505 ALSO MM AS ROSELAND ROAD
The project 19/is not on the National Highway System.
The project R/is not on the State Highway System.
PROJECT DESCRIPTION:
CONSTRUCTION OF AN 8 FOOT WIDE RECREATION PATH ADJACENT TO
ROSELAND ROAD (CR 505). THE PATH WILL EXTEND FOR 1.0 MILES
FROM 126TH STREET TO 300 FEET WEST OF US #1.
SPECIAL CONSIDERATION BY AGENCY:
SPECIAL CONSIDERATION BY DEPARTMENT:
Exhibit 1I-2-1 Local Agency Program Agreeumt
2-2-13
i
FORsI 523-01040
CONSTRUCTION
01C • 01%
AGENCY N ME ' " 1ING resiDUZ
• "` �'�
STATE Of rl.OamA DErART� TOr Tawvf /OaTATgv
o�
Indian River County
LOCAL AGENCY PROGRAM
P.E. ■. Agency Work
b. Other
c. Department Services
d. Total PE Cost Estimate (a+b+c)
1840 25th Street
AGREEMENT
EXHMITy(FI�Tf .B.
F.D.O.T. PROJECT NO.
Vero Beach, FL 32960
ESTIMATE OF FUNDING
1�
PROJECT DESCRIPTION
Name Roseland Road (CR 505) Bikepath Length 1.0 mile
Termini 126th Street to 300 feet west of U.S. Highway #1
Description of Work:
TYPE OF WORT:
ESTIMATE OF FUNDING
(I)
ESTIMATED TOTAL
PROJECT FUNDS
(2)
FSTDAATED AGENCY
FUNDS
(3)
ESTIMATED
FEDERAL FUNDS
P.E. ■. Agency Work
b. Other
c. Department Services
d. Total PE Cost Estimate (a+b+c)
16, 0
6,
1�
16 000
Rlght•of•Way e. Agency Work
f.Other
g. Department Services
h. Total R/W Cost Estimate (e+f+ )
-
Concoction i. Contract
j. other Ra; l road oGG' nq_
k. Other
I. Other
m. Toul Contract Cosa (i+j+k+l)
Construction Engineering
n. Agency
o. Other
p. Department Forces
q. Total Commctton Engineering (n+o+p)
r. Total Concoction Cost Estimate (m+q)
132.000
132.000
75, nn0
75, 000
207.000
2n7. 000
6, 000
6, 000
6,500
6 000
s. TOTAL COST ESTIMATE OF THE
PROJECT (d+h+r)
229,000
229, 000
*Federal participation in Construction En ineenne (q) is limited to 15% of the Total Contra Costs. (line in. column 31
The Federal aid participation rate in this project will be determined by the Feder! Government. The parties a oat th _t a -311 w 100.,
the Agency agrees that this agrecment is entered without relying upon any representation
by the Sum rude outside of this contract. or contained herein. as to what the Federal participation rate will be. It further agrees that it will
not condition any future actions with respect to the project covered by this agr±e-ment upon Part. current. or fi:mm representations as to the
Federal participation rate. The dollar amount of Federal Paruapatton cannot exceed the amount shown to line s.. column (3). All costs
not reimbursed by the Federal Government shall be the responsibility of the Agency.
Exhibit 11-2-1 1ntal Agency Progrm Agremmt
RECYCLED PAPER®
2-2-14
II�
71 i
A
RO.S'ELAND ROAD
CORRIDOR /MPRO VEMEiVT.S`
AWL F. E. C. RIR
L 001<1NG EAST FROM 50'
.c= L gin' ��� ���•��,4. � - ire � ._.
F. E. C. R/R
LOOK/NG EAST FROM 150'
40
TYPE 1 AND PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST
-�
State Project No. 230866-1-5qWPI No. N/A FAP No. N/A
Project Description:
Construct an 8' wide concrete bikepath along the south right-of-way
of Roseland Road starting at 126th Street and continuing east to a
point zppoximately 300, west of US Highway #1.
',CES NO
X Are the imparts to local traffic patterns, property access, community cohesiveness,
planned community growth or land use patterns not adverse?
X Are 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 _ Can the project proceed without a U.S. Coast Guard Permit?
Are any or all flood plain encroachments not significant in accordance with Part 2,
Chapter 24?
X i 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 ctoce
prop, "'LU i%c 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
•
•
230866-1-54-01
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, 1995 as ammended on September 4, 1996.
X _ This 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
QD
Milli
Florida Depa - gent o f "`f'r unsportation
JEBBUSHDistrict Four Environmental Management Office
NO 3400 West Commercial Boulevard THOMAS F. BARRY, JN.
GOVERNOR
Fort Lauderdale, Florida 33309-3421 D E (t~.'•
Telephone: 954-777-4336, Fax: 954-777-4310
AUG U 2 13B [111
July 29, 1999
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 horn 371h St. to
No. Of 45th St.
FPN 230888 Fellsmere Rd. Bikepath From Willow St. lu Myrtle St.
HIN 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 SR A -1-A Bikepath from CR 510 to Brevard County Line.
FPN 230875 CR 510/CR 505 Sidewalk 66th Ave. To SRA -1-A and 77th St. to Barber St.
FPN 230890 Old Winter Beach Rd. Bikepath.
wwvw.dot.state.tl.us ay RECYCLED PAPER
Mr. Jini i avis
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,
Beatriz Caicedo-Maddison, P.E.
Enhancement Program Coordinator
District 4
Copies: Ana Gannon, DEMO
Bob Keating, Indian River County, MPO.
40
RESOLUTION NO. 99- 1 1 1
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING EXECUTION OF A LOCAL AGENCY
AGREEMENT FOR THE ROSELAND ROAD BIKE
PATH/SIDEWALK, BETWEEN 126"' STREET AND 300 FEET
WEST OF U.S. HIGHWAY #1, WITH THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Department of Transportation and Indian River
County desire to facilitate the construction of the Roseland Road Bike Path/Sidewalk; and
WHEREAS, the State of Florida, Department of Transportation, has requested Indian
River County execute and deliver to the State of Florida, Department of Transportation, a Local
Agency Agreement for the aforementioned project;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CONMUSSIONERS 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
who moved its adoption. The motion was seconded by Commissioner
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 Aye
Commissioner Caroline D. Ginn Aye
Comm;SS.^ner Ruth M. ✓tanbaridg: Aye
Adams
Ginn
The airm .
..��.1. UL.ereiipul ucCiared the resolution passed and adopted this 5th day
of October , 1999.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
� Kennet R. acht, Chairman
Attest
JEFFREY K. BARYON, Clerk
A 9916 Ke-luliuu•n 111-J
40
e 525-010-300 August 20, 1997
Local Agency Program Manual Chapter 2 Section 1
PROJECT FUNDING APPLICATION CHECKLIST
LOCAL AGENCY: INDIAN RIUR O IMPROJECTIDENTIFICATION:_ 23088.-1-54-01 onstruction Grant
WORK PROGRAM ITEM NO.: STIP PAGE NO.
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:
I . Federal -aid Project Funding Request (Chap. I1-1) ........................ x
2. Vicinity Map ..................................................... u
3. Typical Roadway Section ........................................... _�
4. Typical Bridge Section .......................................... . --LIIA
Sa. Local Agreement (Chapter 11-2) ....................................... X
5b. Resolution No. , Dated:
(if required) ............................................. ...... X
Supporting Data:
6.
State Clearinghouse (ICAR) (Chapter I-4) ..............................
N/A
7.
Safety Improvements --
-(ChapterlV-1)
(Chapter IV-1)....................................................
Nom
8.
Photos of Railroad Crossing .........................................
-
9.
Deviation Request and Justification(Chapter IV -1) ........................
�
10.
Environmental Document (Chapter I1-4) ...............................
X
11.
Compliance with environmental document commitments .................
12.
Right of Way Required (Chapter II -5) .................................
.
N/A
a. Pre -Qualification Letter of Approval
FromFDOT...............................................
N/A
b. Right -of -Way Maps .........................................
N A
c. Right of Way Project Cost Estimate
N A
.............................
d. Request Right of Way Project Authorization ......................
N A
13.
Right of Way Certification (Chap.11-Sect 5) ................
?T T —_
1-^..
Agrcutne;ns;Lasements with Railroads, Utilities,
and Other Agencies (FDOTs Project Devzlopment
arid L-awironmentai Guidelines, Part 2; Grade
Crossing, Procedure No. 725.080-120; and
Utility Negotiation/Agreements, Procedure
No. 710-010-050) .................................................
(to follow)
15.
Corp of Engineers, and/or Coast Guard Permits (Environmental Permit Coordination
Procedure No. 650-040-001) ........................................
16.
Water Management District Permit ( to follow, when design
�Lp
is complete)
17.
NPDES Permit
18.
FAA Notification (FAA for 7460-1) (14 CFR,
Exhibit
II -1-1 - Project Funding Application Checklist
2-1-2
s
525-010-300 August 20, 1997
Local Agency Program Manual Chapter 2 Section I
Pan ii; Chapter 333 Florida Statutes
19. 'Tied Bids (Chapter IV -3) ........................................... N/A
20. Lobbying (Chapter iV-3)........................................... N/A
a. Certification Regarding the Restrictions
of the Use of Federal Funds for Lobbying ........................ N/A
b. Disclosure of Lobbying Activities .............................. .--N7T---`
REMARKS;
Exhibit II -1-1 - Project Funding Application Checklist 2-1-3
40
0
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM $75-010.70
0) FEDERAL -AID PROJECT FUNDING REQUEST F1NANG14 P`A"";D 101;
DATE: 09-10-99
AGENCY: Indian River County FEDERAL -AID PROJECT NUMBER: 230886-1-54 _01..., . ( )
FIN NUMBER: STATE JOB NUMBER: TIP PAGE NO.: _•____.-__�_ -.
PROJECT TITLE: Roseland Road Bikepath
PROJECT TERMINI FROM: 126th Street TO: _ 10 ' we 17 of_.LIS 9
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 _
EAIFONSI approved on 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 X No MPO. Indian River County
PHASE
TOTAL
ESTIMATED COST
LOCALAGENCY
FIENDS
STATE FEDERALFUNDS
FUNDING
PERCENT
FEDERAL OBLIGATION DATE
(Nearest Dollar)
(Nearest Dollar)
(Nearest dollar)
(Nearest Dollar)
FUNDS
MONTH YEAR
DESIGN
16 000.00
0
16,000.00
RAN
0
0
0
CONST.
213,000.00
0
213,000.00
100%
TOTAL
I 229,000.UO229,000.00
100%
DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition)
Roadway Width: so, _ Number of Lanes: 2
Bridge Number(s) on Pro)ect: NEA
DESCRIPTION OF PROPOSED WORK _ New Construction 3R X_- ENHANCEMENT CONGESTION MITIGATION
Roadway Width: Number of Lanes:
Bridge Numtw(s) on Protea:
Construction of an 8' wide concrete sidewalk along the south right-of-way of
Roseland Road from 126th Street to approximately 300' west of US Highway #1.
LOCAL AGENCY CONTACT PERSON: Robert S. Skok I TITLE: Civil Engineer
MAILING ADDRESS: 1840 25th Street PHONE: ( 561) 567-8000 ext. 28
CITY: Ver=ach, FL 4L1 32960
LOCATION AND DESIGN APPROVAL BY:
rip ADlrgnty)
TITLE: unt DATE: 09-10-99
Exhibit II -1-3 Federal Aid Fundisrg Request
2-1-6
40
E
FORM 375010.00
FINANCIAL PLANNING • DM7
Pepe 7 & 7
AGENCY IRC PROJECT TITLE Roseland Road Bikepath (DATE
09 10 99
ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS
Indian River County lies within the St. Johns River Water Management District.
This project will require a permit for two reasons; one is the amount of imperviou
surface beingconstructed trips the threshold for minimum impervious requiring
Permitting, and the second is that a section of a surface water ditch will need
to be filled-in.
OF WAY AND RELOCATION
No additional right-of-way is required for this project.
SCRIPTION OF UTILITY RELOCATION OR ADJUSTMENTS AND EXISTING MAJOR STRUCTURES INVOLVED IN THE PROJECT
Florida Power & Light will relocate approximately 12VDwer poles to the south
right-of-way line. Southern Bell has several phone boxes to be relocated.
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.
AGE — Indian r Count
DATE: October 5, 1999 BY:
— --- nneth R. Mach
. (x1�ICMImen)
RECYCLED PAPER 0)
•
AGENCY :INDIAN RIVER COUNTY, FL.
PUBIC WORKS DEPT./ENG/NEER/NG 6,Yy ROSZ� w //')
DATE: 7�g/s9 DRAWN BY: M. JMEZZ/NA � V LJ
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