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HomeMy WebLinkAbout2000-074i c� C-3 1♦ 1rr&T1 W RAOMA DOW"U TORT #jW4=TATM /ONr11"070 FEDERALAUD PROJECT FUNDING REQUEST raureWLPUV0154.OW "1812 DATE: 317%00 AGENCY:Indian River County FEDERAL -AID PROJECT NUMBER: FIN NUMBER; _ STATE JOB NUMBER; 88000-3608 TIP PAGE NO.: PROJECT TITLE: Oslo Road Sidewalk - SouthCoun�ecreati on Netwfark""­"- PROJECT TERMINIFROM: 7 0�ft._ east of Lateral ""J" Canal 1640 ft. east of 20i�enue WORfC PHASE PLANNING ENVIRONMENT : DESIGN CONSTRUCTION � RIGHT OF WAY AWARE) TYPE: _ LOCAL _ STATE LOCAL FORCES - ENVIRONMENTAL DOCUMENT; Made the type of ermronmentaI docurrmrt prepared. Indicate the approval date, and the Inost 10Cerd reevaluation date. EIS approved on T , and reevaluated on EAIFONSI approved on and reevaluated on Categorical ExcJuslon: Programmatic Categorical Exclusion defenninabcn on March 1 , 1995. September 4, 1996 Type I Categorical Exclusion determination an. November 27, 1987 Type II CaSegorioal Exclusion approved can Categori* Fxdumon ReevaluaWn on AREA CLEARINGHOUSE DATA INCLUOM? Pets No MPO. _ TOTAL LOCAL AGFXCY 'STATE FEDERAL FUNDS esPERCENT I ' PHASE ESTIMATED COST FUNDS FUNDING FEDERRAL 08LlGATIDN DATE (Nearest Dollar) (Nearest Doftr) (Murg t Dalfsh (lim"t dollar) EE I DESIGN MONTH YEAR IRM CONST. TOTAL 1140,000.00 -0- -0- AUL&D-0 100 $140,000.00 i00% 03 2000 03 2000 DESCRIPTION OF EXISTINGFACILfTY {Em"D ya:,andPresamCOWWn) Raaeeway W Wm��_ Number or Lanes: 2 Bnap NuriVens) on Profe tiNli� .ESCRiPrnoY OF (PROPOSED WORK Now CclwKKb n e -.3-R ' ` ENHANCEMENT CONGESTION MITIF7»ATION Roadway wiimr _ Nrxnhar oe loan;: Bndpa N uirber(s) on Pmjeet ` Construction of a 51 wide concrete sidewalk ,on3 g the :; ee 'ri' -nf-way of 0b'lOGdu -COAL AGENCY CONTACT PERSON: T Thl MAILING ADDRESS: 1840 25th Street :iTY Vero Beach, ort a -OCATION ANn f3R iam AfaPROvAL BY: Exhitilt n-1-3 FWeral Aid Ct]isE� .3ryt±4r ,or DATE: /4 ext. 2-1-6 4a i i row � r.urt+�t nA�.ww • 01W rv.srr AGENCY IRC I PROJECTTfn.E Osla Road Sidewalk DATE 317190 ENVIRONNENTAL COMMITMENTS A ND CONS IDERATIONS Indian River County lies within the St. ;Johns River Nater Management District. 'This project will not require a permit from the St,:;Johns River Water Management District. RIGHT OF WAY AND RELOCATION No additional right-of-way is required for this project. DESCRIPTION OF UTILITY RELOCATION OR ADJUSTMENTS AND EXISTING: 16114" STRUCTURES INVOLVED IN THE PROJECT No utility relocations are required for this project. THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR ITS' DESIGNEE, AND 15 NOT INCONSISTENT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. AGENCY; Ounl4 DATE: March 14.E 2000 BY: PftyadCra-W) Fran D. Adams, Chairman BCC Approved 03--14-2000 D.1le incfixn lLlvCr t_uur„y z•i��•�� AAntinlslraSian �� Rill. Ma,+alpe�tenS _ _npil.il4'r�ycciti -.,1� + 41t R@CYrUM FOOM 0) 4D [-I ab _�-_ _11-ev 525010-300 Anust 20,1997 N Loml Agency P!72rrsin Masnal Chapter 2 Stetion I PROJECT FUNDING APPLICATION CHECKLIST LOCAL AGENCY- I ndi an Biver CQUOLY PROJECT IDENTIFICATION: 230897-1-52-01 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 tight 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 Fundiniz Request (Chap, 1]-1) ... .................... X 2, vicinin Map ........... _ ......................... 3. Typical Roadway Section .......... ............... ......... X 4. '!" ,pica] Bridge Section ................. ........................... N/A 5a. Local Agircement (Chapter 11-2) .. . ....................... ........... X 5b, Resolution No, -, Dated: (if required) ........... ...... ................................... X Supporting Data; 6. State Clearinghouse ([CAR) (Chapter 14) . . . . ........ ............ N/A 7. Safery Improvements --- (Chapter (Chapter IV-)). , _ . .............. ............ ........ ..........N/A & Photos of Railroad Crossing . . .... ......... ...... .......... NIA 9. Deviation Request and Juslification(Chapter IV- I ...... ........... _.. 10, Environmental Document (Chapter 11.4) .............................. it, Compliance with environmental document commitments .......... 12. Right of Way Required (Chapter 11-5) . , . .... ...... _ ............ il. Pre -Qualification Letter of Approval FromFDOT ... _ ........ __ ............................. N/A_ b. Right -of -Way Maps ......................................... NL&_ C. Right of Way Project Cost Estimate ... ­­ ..... ............... N/A d- Request Right of Way Project Authorization.. ................. N/A 13. Right Of Wav Certification (Chap.11-Sect 5). . .. . . ..... ................. N7A_ 14, Agreements/Easements with Railroads. Utilities. and Other Agent; i es (FDO'rs Project Development and r'zj 2; Grade Crossing, Procedure No. 725-080- 120, and Utility Negotiation/Agreements, Procedure No. 710-010-050) ........................................... N/A is. Corp of Engineers, and/ur Coast Guard Permits (Environmental Permit Coordination Procedure No, 650-040-001) ......... ........ ............... 16. Water Management District Permit N/A 7, 14PUES Permit N/A 18. FAA Notification (FAA for 7460.11 N 4 CFR_, NiA Exhibit 11 -la - Project I'LlMing �Applimon Checklist 2-1-2 4 4w SL"10-700 A"Wt 20.1997 LA=l cy Program Manual Chapter 2 Section 1 Pan 77. Chapter 333 Florida Statulcs) ................................. N/A 19. 'Tied Bids (Chapter IV -3) ................ ................ . ......... --WP 20. a. LobbyingCertification Regarding the RestrictionsN.I.A. of the Use of Federal Funds For Lobbying ........................ hl%A b. Disclosure of Lobbying Activities .............................. ... N4A— REMARKS: Exhibit II -1.1 - Ptoject Funding Application Checklist e _ -- 2•1-3 0j1kAdsrdawnikL3U resTt 1J%urd20Wb1ly3W00 RESOLUTION NO. 2000 - 021 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT FOR THE CONSTRUCTION OF OSLO ROAD SIDEWALK FROM LATERAL "J" CANAL TO 201H STREET 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 constriction of the Oslo Road Sidewalk from Lateral "I" Canal to 20`' Street, 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 COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of transportation, a Local Agency Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner StAnhri dap who moved its adoption. The motion was seconded by Commissioner Macht and, .1—n hrino nut to a vote, the vote was as follows: ams ,Aye inc D.Ginn Aye erCaunky Approved Dale .h R.Macht Aye tion ,, 4• Stanbridge Aye r �, Tippin !ly;�.mentto _.:� Fn resolutiion passed and adopted this 14th day ks �fecls � �! BOARD OF COUNTY COMMISSIONS Deparlment OF INDIAN RIVER CU TY, FLORIDA By:. Fran B. Adams, Chairman Atter'-�-'' Jeffrey K. Blnrton Clerk of Court CI d 4W a TYPE 1 AND PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST 230897 -1 - State Project No. 59-01 WPI No. FAP No. Project Description: YES NO Are tate impacts to local traffic patterns, property access, community cohesiveness, planned community growth or ;and use patterns not adverse? X Are all air, noise and water quality impacts negligible or non-existent? NA If there is wetland involvement, does it qualify for either Nationwide or General Permit? Can the project proceed without a U.S. Coast Guard Permit? K — Are any or all flout plain encroachments not significant in accordance with Part 2, Chapter 24? — — 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? Are the residential or business relocations for the project not significant? Is Section 4(f) not applicable to the project? 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 involve;nt.ig tt„r sitir:lica.;t” 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 I or Programmatic Categorical exclusion does not apply. Figure 3.2 Type 1 and Programmatic Categorical Exclusion Checklist (continueu) Ptv. 10 31-97 E'r^RT 1, CHAPTER 3 3-25 40 40 Go 230897-1 State Project No. -52-01 WPI No. FAA 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: This project is a Program.: otic Categorical Exclusion per FH'4'4 A approval o March 1, 1995 as anunended an September 4, 1996. This project is a Type 1 Categorical Exclusion under (23 CFR 771,117(c)) effective November 27, 1987. rl Reviewer: Date: (11l(X 'L: ':Tris u a sample i:aecklist 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 PAP.T 1, t"11:,'11 E 3 *�t dw E-�] 4b w A Y'" yz ~Z' jue S _u�ah&FM �x 4WE19 SCC1 e 10 w 4 It2 tLl Fr S, Lti M C-) q C. N oz. " Ll Q. ©v _ ti 4 t9 W F +� 0yy� n�cn aa� A JaW �7p •y��+'7 Q St C1 Fhn X5.1 dq 4 Ln LLJQ LliC •i Z L V Z Q LLJ a h w A Y'" yz ~Z' jue S _u�ah&FM �x 4WE19 SCC1 e 10 w 4 It2 tLl Fr S, Lti M C-) q C. N oz. " Ll Q. ©v _ ti 4 t9 W F +� 0yy� n�cn aa� JaW �7p •y��+'7 Q W��O.4S Fhn 40 E -j 4w 0 I � d \� � \ \ � � I • 40 N r? o . + 1LOtJIDAA DVPART�mi KK7, OF VI`AKWORTA11" _ LOCAL AGENCY MOGRll,M AGI' ' � di5 - J t� fWIRT7tNeT1f1M tzar-rr.► rr 1.130 Ifs Fund: -_ fG— ---- -- SAMAS Approp: 2, U �t j7 .Si9-c�♦ Function: SAMAS Obj.: Job Nc: _ Federal No: 44a o e' Org. Code: Contract No' 1 Z Vendor No.: THIS AGREEMENT, made and entered into this day of + y tft2,0-peby and between the STATE OF FLCIRIp A DEPARTMENT OF TRANSPORTATION, an agency of the Slate of Florida, hereinafter called dte Department. and ^Indian R 1 Ver -County 1840 25th Street, Vero Beach, �larlda 329611 hereinafter called the Agency. 4WITNESETH:. 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 implememation of an integrated and balanced transportation system and is authorized udder Section 334:844, Florida Statutes to enter into this Agreement; Oslo Road Sidewalk from 7501 east of Lateral "7" Canal to 16001 east of 20th Avenue. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00INurpose of Agr eantmt: 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 un&rsmn&ngs as to die manner in which the project will be undertaken and completed - 2,00 Accornplrstamient of the Projedt: 2.01 General Requirements, The Agency shall commence. and complete the project as described in EYMBIT '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 pezftartncd in=ccorduiae with all applicable Department prooedures, gvideli rs. tman ah, standards, and directives as described in the Department's Local Agency Program Manual. A full time employee of the Ageru-y, qualified to enswe that the work being phusued is complete., accurate, and consistent with the terms, conditions, and specifications of this agreement shall be in responsible charge of each project. 2,82E Expiration of Agency g F project on or before _ September 30, 2000 xp" Aga^ettntwtt: The A enc agrees to complete the If the Agency does not complete the project within this time period, this Agreement will expire unlet an extension of the time period is requested by the Agency and granted in writing by the Digit Sesret?ry, Di-oriel r:r;I,r 4., Ill.: ::tf L cel U-„ s grran:atit. Expiration or this Agreement will be considered termination of the project - 2.03 Pursuani to Federal, State, and Lotai Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to citable $he Agency to enter into this Agreement or to undertake d7e project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and oonsutnmate, as provided by law, all actions necessary with respect to any swh matters so requisite, Fxhibit: II -2-1 local Agency Progi-= AgreemEnt 2_2-2 i C� 40 oft„ i 5"4" cote MM" ate - rt+rr I:,.. %" t.r trf 2.04 Funds of the Agencr The Agcwy shall initiam and prosecute to completin ail proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.45 Submissiaat of ProcemliiW, Ctarrtracrs and Other DociunWts: 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. 3.44 PrWect Cost: 43.41 Total Cost: The total estimated cos: of theroject is S 140, 000.00 p J This amount is based upon tits esurnate summarized in Exhibit 'B' amched 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 - 3.42 ilepartinem Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Fxhibit "B'. This arnounr includes Federal aid funds which are limited to the actual amount of Federal -aid participation. 3,031 On State FtRrdi: Project costs eligible for Stats: participation will be allowed only from the date of this Agreement. It is wnderstpod that State participation in eligible project costs is subject to: a) Legislative approval of the Deparmient's appropriation request in the work program year that the project is scheduled to be conuniti,,d; b) Availability of funis as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of alt plants, sperrficauons, 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 Static of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 3.45 Multi -Year CamFnftment In the ev= guts Agreemem is in excess of $2.5.000 and has a terns for a period of more 0= one year, the provisions of Section 339.135{6Xa), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract wlticb, by its wrms, involves due expenditure of monev in excess of the amounts budgeted as available for expenditure during such Fiscal year. Any contract, verbal or written, rade in violation of this subsection is Pull and void, and no money shall be paid on such contract. The Deparuneettt shall require a statement from the comptroller of the Department that fturds are available prior to entering into any such contract or othcr binding commitment of funds. Nottritl; herein contained shall prevent the makigg of contracts for Periods exceeding ane year, but arty ssaa?rrart sra rz>v°r shall be oxen.: +ry o`'ty ft.::.'ie.:alhx vi iihe services to be mi>ucru] or agrees ur be paid For in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which arc for an amount in excess of 25,000 dollars and which have a term for a period of more than one year. 3.06 Unks On Fla! Partickkatk ts: Rde it -aid hm s shalt not participate in any cost which is not incurred in conformity with applicable Federal and Stats; taw, the regulations, in 23 C.F.R. and 49 C.F.R., and oolic, ar+d prsr�Ittr s pns,ri�j L•y. the Division Administrator of the Federal Highway Administration (FHWA). Federal lural scull not be paid on account of any cost interned prior to autharixa6on by the F 4WA to *'t Department to Procerd with the. project ar nam their r:y _c;vir,& Fxhitat rl-2-1 Local Agency prog�,rm Ago wnt 2-2-4 40 [_J • roar mi=cro-. etxrf'nuenaet ace.rift rr.rrre such cost. (23 CFR 1.9 (a)) If FIMA or Lbe Department determines that any aniount claimed is not eligible, Federal participation may be approved in the amount determined to be adequately supported, the Departrrsent shall notify the local agency. in writing, citing the reasons why items and amowits are not eligible for federal participation. Where correctable non- compliance with provmc ss of law or FtIVJA requirenteras exists, federal funds may be widibeld until oomplisam is obtained, Where rtvrrcomplianoe is not correctable, F14WA or the Department may deny participation in parcel or project costs in part or in total.. For any amounzs determirad to be ineligible for federal reimbursement, for which die Department has advanced payment. the .Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 3.07 Retairtage: Retainage 0 j) (is notl applicable. if applicable, 1'1Mpercem of the Department's total share of participation as shown in Exhibit "&' is to be hold to retainage to be disbursed, at the Department's discretion, on or before the comp[euon of the final project audit. 4.00 Project Estimate and Disbursement Schedule: Prior to tite execution of this Agreement, a project estimate, shall be prepared by the Agency and approved h} 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 wilt the Jams approved estimate for the project. The estimate may be revised by mueral written agmement between the Departmew and the Agency. If revised, a copy of the revision should be forwarded to tic Department's Comptroller and to tore Deparmm is Federal Aid program Office. Noestimate increase or decrease shall be effective unless it complies wide fund participation requirements established in Exhibit "13" of this Agreement and is approved by the Department Comptroller. 5.00 Rewds: SAI F-stablishnHnt and Maintenance of Accotrrtthtg Records: Records of costs inarrrcd under terms of this Agreement shall be maintained and trade available upon request to the Department at all times during the period of this Agreement and for five gears after final payment is made. Copies of these doc miens and records shall be furnished to the Department upon request. Mcnrds 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 projem and all outer records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. r02 Costs hicurr+ed for the Prgject. T1re Agency shall charge m the project account all eligible exists of the project. Costs in excess of the latest approved estimate or amibutable to actions which have not received ere required approval of the Department shall mit be considered eligible costs. 5.03 Doatawntation of project Costs: All ensu charged to the project, including anv approved services contributed by die Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing yr 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 90. I be A,ecncy slrall provide to the Department for each Of its fiscal years for which the project account remaims. 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 Dapartrment, the Agency, and those from any other source with respect om the project. Audits shall be performed in accordance with generally accepted government auditing standards contained in the Standar fn. pu,iit c.f CLnceutme�JS}rg 5}annns� �rn�r,mg. Actiyiricsand_EttncriCaas. issued by the U. S. General Accounting Office and OMB Circulars A-124 or A•133 where applicable. The Agency stall require its audiwt% On 1n( lat!Ie ins ski- r'p•"'i e �„ iv:lc of fro .-M 2:7�=mnc -Milch SFS irir'6c1 4 su;cuute of proper: assastxnee that will reflect the Depasunent's contract number, WN number, Job number, and the Federal Identification ntunber, where anplicahts, anal thr arnmrt of SnE-: fua�iir g. Exhibit EI -2-1 Lural Agency P ogr-Lirn, Agreeeien; 2-k-5 • • 40 40 am two FW dPC 5.45 Record Retention: All records shall 1x maintained for a period of three years beginning after the Federal Highway Adrninisnation approves the final voucher. Many 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. 5.46 InspodiD : The Agency shall permit, and stall require its axmsractots to pernnit, the Dgnartawm,s audtortned representatives and authorized agents of the Federal Highway AdmWsrration to 'meas. all work, avorkrrtambip ma ls, payrolis, 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 contracuxr, sub- contractor, or materials vendor, to allow public access to all documents, papers, letters, or other mmerial subject to the Provisions of C'hapur 119. Florida Statutes acrd made or received in coniuncnon with this Agreement. (Section 287.058(11(c), Randa Statutes) 6.00 Requkkim s rand PtrgatmW Requests for reimbursement for fees or other compensation for services or ergxtises 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 reimburxment of travel expenses must be submitted in accordance with Section 112.451, Florida Statutes. The Department may establish rates lower than the maximum provided in Section 112.061, Florida Stattrtr s. (Section 287.058(l)(b), Florida Stannes) If, after project completion., any claim is trade by the Department resulting from an auditor 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 tixty (60) days to the Department. Offsetting any amount pursuant to this sn-cdon shall riot b� considered a breach of contract by dtc Department. 7.00 The Depanment's ohligatiatts: Subject to other provisions hereof, the Department will honor requrats 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 touts. However, notvrithmading any other provision of this Agreement, the Department may elect by notice in writing not to stake a payment if: 7.01 NUsrepreserttation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement therein or arnw.odmeat the ref, or in or with respect to any dam of data fuaaiAed share-Mth or pursuant h>carro; 7.42 Litigation: There is then pending litigation with respect w the perforntance by rhe 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 ApprovnJ by Departmmirtt; The Agency shall have taken any action perminmg to the project which, under this agreermnt, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Depasmnent that same are approved; 7.44 Conflict of lataests: There has been any violation of the conflict of interest provisions contained herein; or ".OS Default: The Agency has been determined by the Department to be in default under any of the prtavisions of die Agreement. 7.06 Federal Partkiipation- The Department may suspend or terminate FH WA, or the Payment for that porion of the Project which the 1]eParmtem acting in lieu of dee FH4VA, may designate as inciigible for Foderid-aid. (FAIN) '.07 °.1tk.Gk.-*td Gras: In doer --ung dee amount of the payment, etre Delrarunent will exclude all projects COM incurred by Exhibit 1I-2-1 1= -al fgtra ' progrml AgM.Mmt 2-2-6 4D 40 CA 40 wnw an. bin coNsrat.tmow n c -true "aato 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the policy of the Depart -int that disadvantaged business enterprim as defined in 49 C.F.R. Part 23, as a—meed, shall have the maxit.tum 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. 1.0.02 DBE Obhgat"i: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined to 49 C.F.R. Part 23, as amended, have the maximum opportunity to participate in tate performance of contracts and this Agrctment. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 C.F.I . Fart 23. as armndcd. 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 rare, color, national origin or sex in the award and perforrnance of Department assisted contracts. 10.03 Disadvartm9ed Business Enterprise (DW Dbligatiotn: If Federal Transit Administration or FHWA Fundingis a Of this Project, the Agency must comply with Sub pan p 1 g y p y part (E) cf 49 C.F.R., Part 23, as arnertded. 1.1.00 Resttyctions, Prohibitions, Controls, and labor Provisions: 11.41 Equal Ernployrn—t Opportxrrrity; In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of rate, age, religion, color, sex, rational origin, disability or marital status. The Agency will raise affirrnauve action to ensure that applicants are employed, and that employees arc treated during crnployment, 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 recnutntent advertising; layoff or termination; rates of pay or other fonts of compensation; and selection for graining, 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 pr*ct, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors be insert a aim'slar provisdao in all subcontracts, except subeonrracts for standard commercial supplies or raw materials. When due project involves installation, construction, demolition, removal, site improvement, or similar wort, the Agency shall pose, in conspicuous places available to employees and applicants for employment for project ework, notices to be provided by time Department atxfling forth the provisiatu of the nondiscrimination etause. 11.02 Title V1 CQ Rights Act of 1 *1: The Agency will comply with all the requirements imposed by Title Vi of the Civil Rs ehts Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Departmem of Transportation issucd thereunder, and ,le assurance by the Agency pursuant thereto. : ie Agency shall include provisions in all contracts with third parties that ensure compliance with 'I ide VI of the Civil Rights -\:t of 1964; 49 C.IT. R., Pan 2l; and related statutes and regulatictts. 11.03 Amerkans with Disa� A& of 1990 (ADA)- The. Agency will comply with all the requirements as impotsed spn . ,DA. the regulations of the federal grrver,mr, m rated ile;eu suer; � x=Zr C Vy Ute ,Agency pumiant thereto. y 11.04 Dehmnent: Contractors who are cuttlemdy a;spended, debarred or voluntarily excluded tinder 49 G.F.R. Pan 29 or -therwm determined to be ineligible, shall be prohibited from participating in The Federal -aid highway program. (23 C.F.R. :35.110 (e)) 11.05 Public Entity Crime: "A person or affdiate wbo has ben plated on she m.,AmDI at•>-ltrr lin frlirsttirtg a w:+vicuon ar a public entity crirrtc Orr v r- -it a 1 a wearer, to provtdc any goods or aervixs m a pubU : entity, may not submit bid tin a contract with a ptibhc entity for the carcnvuction or repair of a public buitr)ing or lxtmir a, :: . y,y;,ttut triple Fair'bit n-2-1 local AW -Y Program AWwrient 2_2.,6 i • M 40coptunuxminam trash anawa tip • t=r Nr ffl so on leases of real propetty of a public entity, may hot be awarded or perform work as a comracror, 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.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the cnnvicud vendor list." 11.06 Prolmbited Intens: Neither the Agerky nor any of its Cantraemrs ar their subcontractors shall enter into any contract, subcotrnaci, or arrangement in connection with the project or any properry 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. 1f any such present or former member, officer, or employee involuntarily acquires or had acquired prior to tree beginning of his tenure any such interni, and if such interest is immediately disclosed to the Agency. the Agency with poor appio4al of the Department, troy waive the proliibiuon contained in this subsection: Provided. that any such present member, officer or employee shall not participate in any action by [lie Agency or the locality reiatng to such Contract, subcontram or arrangement. 'iii; Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the fallowing provision: 'No member, officer. or employee of the Agency or of the locality during his tenure or for two years tirmfter shah] 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 depotitmies, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 11.07Imer+est of 112attlxxs of, or Relegates to, Corigress: No member or delegate to the Congress of the Urdted States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 1:..00 Nfiscenaneous Prrovisium: 12.01 FatrirDtrnuirrLd Politttiort: The Agency will be solely responsible for compliance with all applicable environmental regulabOM and for any babihty arising from cion -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. V-02 Ykp %rant Not Obftated to f'hihrd Parties: The Department shall not be obligated at liable hereunder to any parry Other than the Agency, 12.03 When Rights Arid Remedies Not Waived: in no event shall the making by the Department of any payment to the Agency constitute or be construrd as a waiver by the Department of any breach of covenant or any default which may then exhst, on the pan of tic Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejtdice any right or remedy available to the Department with respect to such breach or default. t.-'••fA? +-rte' rlr, .re- :i: is Ailecred by h-ovlsions 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 cf applicable law. 12.05 Barras orCammissim: By execution of the Agreement the Agency represents that it has not paid and, also. agrM not to pay, any bonus or commission for the purpose of obtaining an approval of its appliCarion for the financing hem ader. 12.06 Slate Law: Notting, in the Agreement shall require die Agency to observe-. or enfc+r^r-mmpllan-o vAth anv pmy-islaC thereof, perform-ty t; e:r art or an any ndirr dhinb in :anuavcnovn of any appitcablc State law: Provided, that if arty of the Frhibrit 11-2-1 meal Agcy Prvgrw Rgr m 2-2-9 C-1 • 4W 40 waw Iaaeh... cowlawlim aoe•ty% POP. iKp provisions of the Agreemena violate any aplibeable State Law, tate Agency will at once notify the Department in writing in order that appropriate changes and rnot ifrcatfons may be made by the Department arrf the Agency to the and that the Agency maty proceed as soon as possible with the project. M07 Corm`acwal TndemnkY. To die extent pernutted by law. the Agency shall inckmnify, defend, save, and hold harmless the Deparvaent and all its officers. agents and employees from arty cWm, loss, damage, cost charge or experw arising out Of am acs, error. Maission, or negbgem act by die Agency. its agerm, or employees during the performance of tit; Agrtenient, except that neither the Agency, its agents, or its eOq*3yces will be liable under this Wagraph for airy claim, loss damage. cost, charge or 4xperine arising out of am act. error. oinhssaon. or negligent act bv tht Department or any of its officers, agents, or employees ditrigg dIC performance of the Agreement. The parties aprer_ that liths clause shall not waive the beriefits or provhstotas of Chapter 76$.28, Florida Sututes or any similar provision of law. When the Department receives a imticc of claim for damages that may have ban caused by the Agency to the perfbrvurue Of services required molder this Agreement, the C]epi rmienl will im. �±W4Y fOnvard the claim to the Agency. "rhe Agency Arid the Dgwvmm will evm)uate the claire and report their findings ao tach other wittiin fourteen (14) working days and will jointly discuss Options in defending the claim. After reviewing the cLurn, the Department will determine whedier 10require the participation of the Agency in the defense of the claim or to regarire the A ictscy defend the Depiinlnern in such u described in this section. The Departmsent's failure to promptly n+fy the Agency of a claim shall not act at a waiver of light herein to require quire the Participation in or defense of the claim by the Agency. The 13epasmient and mfr Agency will each pay its own expenses for the evaluation, settlement negotiations, andtrial. if any. However, if only one parry partirapates in rry the defense of the claim at trial, that pais responsible for all expenses at trial. 1-1-08 IUM avid Spaci kmbatts: In the event tint this Agreement involves oornstusong and equipping of facilities on the State Highway System. the Agee.y shall submit to die Deparmhem for approval all approgrtate plans and specifications covering the project. The Department will review all plans and specification and will issue mm the Agency wriuen approval with any approval portions of tie project and comments or rcoornmenclatom mvenng any remainder of the project deemed appn)priz%e. After resolution of these comments and recommendations to the Department's satisfaction, die Deparunent will issue w the Agency written approval with said tenainder of the project. Failure to obtain this wri xen approval "I be sufficient cause of nonpayment by the Department_ 12.09 Azetty Caiifacfl(M; The Agency will certify in writing prior 10 ptojea closeout that the project was completed in accordance with appli-* plans and Rw4ficati0ns, is in plan on the Agency facility. dut adequate true is in the Army ant! Jtat the project is accepted by the Agency as suitable for the intended purpose. 12.10 Agrremertt Format All words awed herein in the singular form shall extend to and include the plural. All words used die plural form shall extern} to and include the singular. AU words used in am gender shall extend to and incltsde all geodefs. Fxoatrtion of Agrewwm : This Agreement may be simultaneously exectned in a minimum of two counterparts, each ,f which so executed shall be deemed to be an origiral, and such courtGrp m axf;rthrr %zlT cnm'i77ltc Chi;, tW a, name nsmtmen?, :.12 Restrictiohtis on Lohbying: ederal. The Agency agrees tial no fedora] appropriated funds have been paid or will be paid by or cn behalf of the Agency, any person for k fltrncing Of anrn>pdDg 10 infhrertea arty officer or employee of any federal agency, a Member of Con?—", I officer or a tTJoyee of Congress, or an employee of a Member of r~,. "nand, ix ak4 vi airy fcxseraf grant, the making of any federal loan entering cito of an the awarding of any fr &n.l :e exte Y cooperative at;rvrttcat. ar l tsion, cot mwuion, renewal, arrleadmem or rnxitfi6cat±att of any fe cal 'sem t, grant. loan or cooperative agreement. Endtibit II 2-1 local !may pry Agreeasrt ?`-4-10 10 4D • C-1 riser 2own" aesrsenwe ser • sa+. If Inv hinds other than federal apprvprused funds has�e beta paid by rhe AVrKy to am person For ieuenciq or aaempum n LIMueWe an OM or Mployae of any federal agency, a hfear1aer of CG%resa, as oi6ca ar employee of CoEg=. or art employee of a Mewi w Of Ca W= to aOMOC16M wirlb this loin heir Ap on seL ten wAww;VW ftg ant submit Standard Form -LLL, "Mil0miae Form to kepont Laobbyiu&* ivaawtdaaoe with its jnw%sc-ions. The Ageacw %Ml require dut the U t� age of dais section be uaefude4 in the award docurrrenss For all svbraw-Anh at all Dees lin.luding suhcvnn--lZ. arses. alsd Xmam wo&-r gnm- huts Ld xOPcno.e agrecutermt and that all wbrectpic.-m srsa! :erufi anc dts.tose a::crdrnp% State; tic fu gds rt:t pu:S'-ar' x t1h-5 :_rr:a:; rras re "perrded far 13W,ung the L.egtstatu:e or a sax agtr.;ti L2XI Llunlrrtastct 7.1 �g:.r.-. arnaes 6� :ra;rsarr an% pr.)eet. no: on are SMC Swum, mosrrutted under Chas A,presrrex E2.14 L'endars Rrtjtu: %'endcrs ,-in this document tdsnnfied u Age -y) pravrdwr gvlads, and services w ttse Depanirrsew dxxm be awut of the f Akwim eme &Lrnes. Up- reaerpt. the Dlcperrmcn,t has five (s) workmg days p uuw md the rands acrd services twkn the bail tspe4ifwau0m. pu d rite atkr ar cownct odwrwiw. The Dtpirm as bas 21D dans n deliver a regU= far pavnsera (voucher) so the Dlepararseas of 8aIskiq and Fin==. The 20 days are n mated from the Later of the date tits Lmeouz u rettcsvod or dee roads tar aerraes�nyy�at, Wyk Ud if a pa/MCaI rS Wt A�au&bl t �'It313at AQ dart a�r i'r4i 1p gf Mg Wrf 17yM�Ft{'&{Wy� f NU'�91 YIM" t �� a� scrs rcts..r sc pane erne { peQ IN till imam WIU) 5EEBM 21�5.ij'rsfa b). XSEIkut mn 6 Aue sssj payalate, e ac rnarr so the taysx% air Im io 16c Agewy. Env= petsarM of Iris tm oft (1) & Wer wW nos be enforaad tnlesa the Agency reqLx= payrwm lm"ims ssbcb have in be reurrned w an Agency because of Agency prupanuon errors will resins Ln a delas us rhe PQ The tmvt= pavTnenl regwrements do not mn vnnt a properly completed urvotce Is pr, -n i, d tc _-1e _rcpa-^ner. L Vendor Orntivas,:1" tsss tteC esmblrshed A1thl" the peoartrnCAt of Banl<7rg and Fru umce The duues of dos utdlvld Mj ,n:ludS a..wg u ar ae.ccate fo, Agea;les wnu nut be espertewwS problerns In otsnrnsatr timely paymetaCtl from dx Departrnent The Vtndor Ombads:.an utas be .onta.ted a: '4(r4$R-:v:4 or bi ailing the $tate Comptrober s Hodtne. 1- �f?+m�fs-ab-3'q. Exhibit 11-2-1 t=l Aga" P,,V AU,,M, C�j 40 i • re#r 404" ear. evr ftewrrr IN WITNESS WHEREOF, 69 pyrba ban QL d them proem to be suncAmd it dry and yrw fim sW I -MM& CLERK, CIRCUIT COU as z form. ,=IWY - STATE OF FUWMA DFPARIND(T OF .E..3:'.^,lave sez"u 1 f '— fl P As s] farm Ztt ALwr y iee A= W Encumbmtc Form for dam of flndanj lrrroval by COmpvrAkr =x:lb�-t Lf -2-1 Fecal Ap-cy Pa-ogr-- 2-2-11 r 411 WPI NO. DOT PROJECT NO. EkJlfli T A Project Descripoonand ResWnsibilides POM ss$4" caermuer"r: ow . 1:.% This exhibit farms an integral part of that certain Reimbursement Agrcernent between the Sate of Florida. Dxparunent of 1 ra"rtation and Indian River Count 1840 25th Street, Vero Beach, Florida 32960 Dated PROJECT LOCATION:. Oslo Road also known as County Road 606, from 750' east of the Lateral "J" Canal to 1600' east of 20th Avenue. The ProlMX*'is am on The NaeorW Highway System. Ilse Projec:Mis oat on the 'Serie Highway Sysum. PROJECT DESCRIPTION: Construction of a 5' wide sidewalk on the south side of Oslo Road. The path will extents 4,800" from the entrance of Timber Ridge to the entrance of the IRC South County R.O. water Plant. SPECIAL CONSIDERATION BY AGENCY SPECIAL CONSIDERATION RY DEPARTMENT, Ednbit 11-2-1 4x:al Agemy N-CWM Agit--t 2-2-1'3 r Ml CA i POLM J"» M rroc . 11. AGENCY NAME 4 (BILLING ADDRESS W.PJ. Indian River County resp orrwta+,. o�ssanarr ar nsrnoarsrsx LOCAL ACENCYPROOAAM NO. 1640 25th Street AOkE€M€Nr Beach, Florida 32960 H[BrVero FJf ESTTAI.ATE OF OF 8' FIIHDD:G F D.O T PRO(€Cr NO 88000-3608 PRO='r DESCRD`iTON Nsma. Oslo Road Sidewalk - South County Recreation Network , 4600 I...F. _ r.,,n,,, 750' east of Lateral "J" Canal to 1600' east of 20th Avenue De""onar Wert Construction. of 51 wide sidewalk from the entrance to timber Ridge to the entrance of the IRC South County P.O. water Plant Tis Psdwd-aid pmvpauon nrn u'- F -V- rill b.. dOmu-W 6Ir dhe F.&r W O4vrrnmrm Tis prom .-PW1 9hu a vW be 7L. bo*�w, d u undwKood dw the rr my vary. TIN Apwy Ore j rhsr dror e)"mne g rs a "d r+rhaui mlv,n, upon sn7 nrpnasnuron 6Y Srars made eorteide of rhu c nn. or psua u.d hrrnn. as w -t-- eh. Fedsrel Faruerpsuan nv r•r,' be tr rur , a)rxs Cut ar wdt r x rorW7 u� . 6mK.ucrix vah' e"s 11 dre P"w r .r -d by dus ajr «m "upon pe.n, cvrrme. rx fe " Fsdm1 paru.Crpaua4 nis- T4s dopa amara a(F�dwal Pa ar r4 Lh nor. nunburasd by rhe Fadml O4+amr.+rs j,4p M +ha na �� u4nor saeasd d1a amor;or {ros+n w I.rnr. r rrk�ma fl1 A:f cr•++r [.�4sJ,ilrt} of mi w� Orr. exhibit 11-2-1 1,D a prg= t #-14