HomeMy WebLinkAbout2009-101 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFIOE
03/07
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FPN : 418136- 1 -58-01 Fund : SE FLAIR Approp :
Federal No : 8887 596 A Org Code : 55043010404 FLAIR Obj :
er
N : Fund : FLAIR Approp :
Fed`61 Org Code : FLAIR Obj :
FPN : Fund : FLAIR Approp :
Federal No : Org Code : FLAIR Obj :
FPN : Fund : FLAIR Approp :
Federal No : Org Code : FLAIR Obj :
County No : Contract No : PT K — 04 Vendor No : VF596000673026
Data Universal Number System ( DUNS ) No : 80-939-7102
Catalog of Federal Domestic Assistance ( CFDA) : 20 . 205 Highway Planning and Construction
THIS AGREEMENT , made and entered into this 2�5 day of J lUVJ2.. , Q! by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION , an agency of the State of Florida , hereinafter called the
Department , and Indian River County hereinafter called the Agency.
WITNESSETH :
WHEREAS , the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described ,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339 . 12 ,
Florida
Statutes , to enter into this Agreement ;
NOW , THEREFORE , in consideration of the mutual covenants , promises and representations herein , the parties agree as
follows :
1 . 00 Purpose of Agreement : The purpose of this Agreement is to provide for the Department's participation in
Indian
River Blvd Sidewalk Improvement from 12th Street to 17th Street and as further described in Exhibit "A"
attached hereto
and by this reference made a part hereof, hereinafter called the " project , " and to provide Department financial
assistance
to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings
as
to the manner in which the project will be undertaken and completed .
1 . 01 Attachments : Exhibit( s ) A+ B + 1 are attached and made a part hereof.
2 . 01 General Requirements : The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch , in a sound , economical , and efficient manner, and in accordance with the provisions herein , and
all applicable
laws . The project will be performed in accordance with all applicable Department procedures , guidelines
, manuals ,
standards , and directives as described in the Department' s Local Agency Program Manual , which by this
reference is
made a part hereof as if fully set forth herein . Time is of the essence as to each
and every obligation under this
Agreement .
A full time employee of the Agency, qualified to ensure that the work being pursued is complete , accurate , and consistent
with the terms , conditions , and specifications of this Agreement shall be in charge of each project .
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close
out of the
project , and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds
or loss of
State appropriation authority (which may include both federal funds and state funds , if any state funds are on the
project) ,
Agency will be responsible for the remaining unbilled funds on the project . No other funds will
be provided by the
Department . Agency waives the right to contest such removal of funds by the Department , if said removal
is directly
related to Federal ( FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency' s
failure or
nonperformance . In addition to loss of funding , the Department will consider de-certification of said Agency for future LAP
projects .
Removal of All Funds
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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If all funds are removed from the project , including amounts previously billed to the Department and
reimbursed to the
Agency, and the project is off the state highway system , then the department will have to request
repayment for the
previously billed amounts from the Local Agency . No state funds can be used on off-system projects .
2 . 02 Expiration of Agreement : The Agency agrees to complete the project on or before December 31 , 2010
. If the
Agency does not complete the project within this time period , this Agreement will expire on the last day of
the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency
and granted
in writing by the Department prior to the expiration of this Agreement . Expiration of this Agreement will
be considered
termination of the project . The cost of any work performed after the expiration date of this
Agreement will not be
reimbursed by the Department .
2 . 03 Pursuant to Federal , State, and Local Laws : In the event that any election , referendum , approval , permit
, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement
or
to undertake the project hereunder or to observe , assume or carry out any of the provisions of the Agreement , the Agency
will initiate and consummate , as provided by law, all actions necessary with respect to any such matters so requisite .
2 . 04 Agency Funds : 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 ( FHWA) may require .
3 . 00 Project Cost :
3 . 01 Total Cost : The total cost of the project is $ 432 . 000 . 00 . This amount is based upon the schedule
of funding in
Exhibit " B . " The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits
involved .
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4 . 00 .
3 . 02 Department Participation : The Department agrees to participate , including contingencies , in the project cost to the
extent provided in Exhibit " B . " This amount includes federal -aid funds which are limited to the actual amount of federal
.
aid participation .
3 . 03 Limits on Department Funds : Project costs eligible for Department participation will be allowed only from the date
of this Agreement . It is understood that Department participation in eligible project costs is subject to :
a ) Legislative approval of the 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 ; and
d ) Department approval of the project scope and budget at the time appropriation authority becomes available .
3 . 04 Appropriation of Funds : The Department' s performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature . If the Department's funding for this project is in multiple
fiscal years ,
funds approval from the Department' s Comptroller must be received each fiscal year prior to costs being incurred .
See
Exhibit " B " for funding levels by fiscal year . Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received . The Department will notify the Agency, in writing , when
funds are available .
3 . 05 Multi -Year Commitment : In the event this Agreement is in excess of $ 25 , 000 and has a term for a period
of more
than one year, the provisions of Section 339 . 135(6 ) (a ) , Florida Statutes , are hereby incorporated :
" ( a ) The department , during any fiscal year , shall not expend money, incur any liability, or enter into any
contract which , by its terms , involves the expenditure of money in excess of the amounts budgeted as
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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available for expenditure during such fiscal year . Any contract , verbal or written , made in violation of this
subsection is null and void , and no money may be paid on such contract . The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds . Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year , but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years , and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $ 25 , 000
and which have a term for a period of more than 1 year . "
3 . 06 Notice-to- Proceed : No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department .
3 . 07 Limits on Federal Participation : Federal -aid funds shall not participate in any cost which
is not incurred in
conformity with applicable Federal and State laws , the regulations in 23 Code of Federal Regulations (C
. F . R . ) and 49
C . F . R . , and policies and procedures prescribed by the Division Administrator of FHWA . Federal funds shall not
be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project
or part
thereof involving such cost ( 23 C . F . R . 1 . 9 ( a) ) . If FHWA or the Department determines that any amount
claimed is not
eligible , federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for
federal participation .
Where correctable non-compliance with provisions of law or FHWA requirements exists , Federal funds may be withheld
until compliance is obtained . Where non -compliance is not correctable , FHWA or the Department may deny participation
in parcel or project costs in part or in total .
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice .
4. 00 Project Estimate and Disbursement Schedule : Prior to the execution of this Agreement , a project schedule
of
funding shall be prepared by the Agency and approved by the Department . The Agency shall maintain said schedule
of
funding , carry out the project , and shall incur obligations against and make disbursements of project
funds only in
conformity with the latest approved schedule of funding for the project . The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised , a copy of the revision should be forwarded to
the
Department's Comptroller and to the Department' s Federal -aid Program Office . No increase or decrease shall
be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department'
s
Comptroller .
5 . 00 Records :
5 . 01 Establishment and Maintenance of Accounting Records : Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period
of this
Agreement and for 5 years after the final payment is made . Copies of these documents and records shall be furnished
to
the Department upon request . Records of costs incurred include the Agency' s general accounting records and the project
records , together with supporting documents and records of the Agency and all subcontractors performing work
on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs . If any litigation , claim or audit is started before the expiration of the 5-year period , the records
shall be retained
until all litigation , claims or audit findings involving the records have been resolved .
5. 02 Costs Incurred for Project : The Agency shall charge to the project account all eligible costs of the project
except
costs agreed to be borne by the Agency or its contractors and subcontractors . Costs in excess
of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs .
5 . 03 Documentation of Project Costs : All costs charged to the project , including any approved services contributed by
the Agency or others , shall be supported by properly executed payrolls , time records , invoices , contracts
or vouchers
evidencing in proper detail the nature and propriety of the charges .
5. 04 Audit Reports : Recipients of federal and state funds are to have audits done annually using the following criteria :
The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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the Department , as described in this section .
Monitoring : In addition to reviews of audits conducted in accordance with OMB Circular A- 133 and Section
215 . 97 ,
Florida Statutes , as revised ( see "Audits " below) , monitoring procedures may include , but not be limited to
, on -site visits
by Department staff, limited scope audits as defined by OMB Circular A- 133 , as revised , and/or other
procedures . By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department . In the event the Department determines that a limited
scope audit of the recipient is appropriate , the recipient agrees to comply with any additional instructions provided
by the
Department staff to the Agency regarding such audit . The Agency further agrees to comply and cooperate
with any
inspections , reviews , investigations or audits deemed necessary by the FDOT' s Office of Inspector General ( OIG
) , and
the Chief Financial Officer ( CFO ) or Auditor General .
Audits
Part I - Federally Funded : Recipients of federal funds ( i . e . , state , local government or non
- profit organizations as
defined in OMB Circular A- 133 , as revised ) are to have audits done annually using the following criteria :
1 . In the event that the recipient expends $ 500 , 000 or more in federal awards in its fiscal year,
the recipient must
have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A- 133 , as
revised . Exhibit " 1 " of this Agreement indicates federal resources awarded through the Department
by this
Agreement . In determining the federal awards expended in its fiscal year , the recipient shall consider all sources
of federal awards , including federal resources received from the Department . The determination of amounts of
federal awards expended should be in accordance with the guidelines established by OMB Circular A- 133 ,
as
revised . An audit of the recipient conducted by the Auditor General in accordance with the provisions
OMB
Circular A- 133 , as revised , will meet the requirements of this part .
2 . In connection with the audit requirements addressed in Part I , paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133 , as revised .
3 . If the recipient expends less than $ 500 , 000 in federal awards in its fiscal year , an audit conducted
in accordance
with the provisions of OMB Circular A- 133 , as revised , is not required . However, if the recipient elects to have
an
audit conducted in accordance with the provisions of OMB Circular A- 133 , as revised , the cost of the audit
must
be paid from non -federal resources ( i . e . , the cost of such an audit must be paid from recipient resources obtained
from other than federal entities ) .
4 . Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA ) title and number
,
award number and year, and name of the awarding federal agency.
Part II - State Funded : Recipients of state funds ( i . e . , a non -state entity as defined by
Section 215 . 97 ( 2 ) ( 1 ) , Florida
Statutes ) are to have audits done annually using the following criteria :
1 . In the event that the recipient expends a total amount of state financial assistance equal
to or in excess of
$ 500 , 000 in any fiscal year of such recipient , the recipient must have a state single or project-specific
audit for
such fiscal year in accordance with Section 215 . 97 , Florida Statutes , applicable rules of the Executive Office
of
the Governor and the CFO , and Chapters 10 . 550 ( local governmental entities ) or 10 . 650 ( nonprofit and for-
profit
organizations ) , Rules of the Auditor General . Exhibit " 1 " to this Agreement indicates state financial assistance
awarded through the Department by this Agreement . In determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance , including state financial assistance
received from the Department , other state agencies , and other non -state entities . State financial assistance does
not include federal direct or pass -through awards and resources received by a non -state entity for
federal
program matching requirements .
2 . In connection with the audit requirements addressed in Part Il , paragraph 1 , the recipient shall
ensure that the
audit complies with the requirements of Section 215 . 97( 7 ) , Florida Statutes . This includes submission
of a
financial reporting package as defined by Section 215 . 97(2 ) (d ) , Florida Statutes , and Chapters
10 . 550 ( local
governmental entities ) or 10 . 650 ( nonprofit and for- profit organizations ) , Rules of the Auditor General .
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3 . If the recipient expends less than $ 500 , 000 in state financial assistance in its fiscal year , an
audit conducted in
accordance with the provisions of Section 215 . 97 , Florida Statutes , is not required . However, if
the recipient
elects to have audit conducted in accordance with the provisions of Section 215 . 97 , Florida Statutes , the
cost of
the audit must be paid from the non -state entity' s resources ( i . e . , the cost of such an audit must
be paid from the
recipient' s resources obtained from other than State entities ) .
4 . State awards are to be identified using the Catalog of State Financial Assistance ( CSFA) title and number ,
award
number and year , and name of the state agency awarding it .
Part III - Other Audit Requirements : The recipient shall follow up and take corrective action on audit
findings .
Preparation of a Summary Schedule of Prior Year Audit Findings , including corrective action and current status
of the
audit findings is required . Current year audit findings require corrective action and status of findings .
Records related to unresolved audit findings , appeals or litigation shall be retained until the action
is completed or the
dispute is resolved . Access to project records and audit work papers shall be given to the Department, the Department
of
Financial Services , and the Auditor General . This section does not limit the authority of the Department
to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of
any other
state official .
Part IV - Report Submission :
1 . Copies of financial reporting packages for audits conducted in accordance with OMB Circular A- 133 , as revised
,
and required by Part I of this Agreement shall be submitted , when required by Section . 320 ( d ) , OMB Circular
A-
133 , as revised , by or on behalf of the recipient directly to each of the following :
a ) The Department at each of the following address ( es ) :
Karen Maxon , Budget & Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale , FL 33309
b ) The Federal Audit Clearinghouse designated in OMB Circular A- 133 , as revised ( the number of
copies
required by Sections . 320 ( d ) ( 1 ) and (2 ) , OMB Circular A- 133 , as revised ) , at the following address :
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville , IN 47132
c ) Other federal agencies and pass-through entities in accordance with Sections . 320 ( e ) and (f) , OMB
Circular
A- 133 , as revised .
2 . In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted
in
accordance with OMB Circular A- 133 , as revised , is not required to be submitted to the Department for reasons
pursuant to Section . 320 ( e ) ( 2 ) , OMB Circular A- 133 , as revised , the recipient shall submit the
required written
notification pursuant to Section . 320 ( e ) ( 2 ) and a copy of the recipient ' s audited Schedule of
Expenditures of
Federal Awards directly to each of the following :
Karen Maxon , Budget & Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale , FL 33309
In addition , pursuant to Section . 320 (f) , OMB Circular A- 133 , as revised , the recipient shall submit a
copy of the
financial reporting package described in Section . 320 ( c) , OMB Circular A- 133 , as revised , and any Management
Letters issued by the auditor , to the Department at each of the following addresses :
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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Karen Maxon , Budget & Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale , FL 33309
3 . Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or
on behalf
of the recipient directly to each of the following :
a ) The Department at each of the following address ( es ) :
Karen Maxon , Budget & Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale , FL 33309
b ) The Auditor General ' s Office at the following address :
Auditor General ' s Office
Room 401 , Pepper Building
111 West Madison Street
Tallahassee , Florida 32399- 1450
4 . Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted
by or on
behalf of the recipient directly to :
a ) The Department at each of the following address (es ) :
Karen Maxon , Budget & Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale , FL 33309
5 . Any reports , Management Letters , or other information required to be submitted to the Department pursuant
to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A- 133 , as revised , Florida
Statutes , and Chapters 10 . 550 ( local governmental entities ) or 10 . 650 ( nonprofit and for-profit
organizations ) ,
Rules of the Auditor General , as applicable .
6 . Recipients , when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A- 133 , as revised , or Chapters 10 . 550 ( local governmental entities ) or 10 . 650 ( nonprofit
and for-
profit organizations ) , Rules of the Auditor General , should indicate the date that the financial reporting
package
was delivered to the recipient in correspondence accompanying the financial reporting package .
Part V - Record Retention : The recipient shall retain sufficient records demonstrating its compliance with the
terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department
or its
designee , the state CFO or Auditor General access to such records upon request . The recipient shall ensure
that the
independent audit documentation is made available to the Department , or its designee , the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued , unless
extended in writing by the
Department .
5 . 05 Inspection : The Agency shall permit, and shall require its contractors to permit , the
Department' s authorized
representatives and authorized agents of FHWA to inspect all work , workmanship , materials , payrolls , and records and to
audit the books , records , and accounts pertaining to the financing and development of the project .
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents , papers , letters or other material
subject to the
provisions of Chapter 119 , Florida Statutes , and made or received in conjunction with this Agreement (Section 287 . 058(
1 )
( c) , Florida Statutes ) .
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5 . 06 Uniform Relocation Assistance and Real Property Statistical Report : For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition
and relocation
assistance activities on the project . Activities shall be reported on a federal fiscal year basis , from
October 1 through
September 30 . The report must be prepared using the format prescribed in 49 C . F . R . Part 24
, Appendix B , and be
submitted to the Department no later than October 15 of each year .
6. 00 Requisitions and Payments : Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287 . 058 ( 1 ) (
a ) , Florida
Statutes ) .
All recipients of funds from this Agreement , including those contracted by the Agency, must submit bills
for any travel
expenses , when authorized by the terms of this Agreement , in accordance with Section 112 . 061 , Florida
Statutes , and
Chapter 32Travel" of the Department' s Disbursement Operations Manual , Topic 350 -030400 ( Section 287 . 058 ( 1
) ( b ) ,
Florida Statutes ) .
If, after project completion , any claim is made by the Department resulting from an audit or for work or services
performed
pursuant to this Agreement , the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand , payment of the amount is
not made
within 60 days to the Department . Offsetting any amount pursuant to this paragraph shall not be considered a breach
of
contract by the Department .
7 . 00 Department Obligations : Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of
the project
and payment of the eligible costs . However, notwithstanding any other provision of this Agreement , the Department may
elect by notice in writing not to make a payment if:
7 . 01 Misrepresentation : The Agency shall have made misrepresentation of a material nature in its application ,
or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
hereto ;
7 . 02 Litigation : There is then pending litigation with respect to the performance by the Agency of any
of its duties or
obligations which may jeopardize or adversely affect the project , the Agreement or payments to the project ;
7 . 03 Approval by Department : The Agency shall have taken any action pertaining to the project which
, under this
Agreement , requires the approval of the Department or has made related expenditure or incurred related
obligations
without having been advised by the Department that same are approved ;
7 . 04 Conflict of Interests : There has been any violation of the conflict of interest provisions contained here in paragraph
12 . 06 or 12 . 07 .
7 . 05 Default : The Agency has been determined by the Department to be in default under any of the provisions
of the
Agreement .
7 . 06 Federal Participation : The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA , may designate as ineligible for federal -aid .
7 . 07 Disallowed Costs : In determining the amount of the payment , the Department will exclude all
projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization , costs incurred
after the
expiration of the Agreement , costs which are not provided for in the latest approved schedule of funding in Exhibit
" B" for
the project , costs agreed to be borne by the Agency or its contractors and subcontractors for not
meeting the project
commencement and final invoice time lines , and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department .
7 . 08 Final Invoices : The Agency must submit the final invoice on the project to the Department within 120 days after
the
completion of the project . Invoices submitted after the 120-day time period may not be paid .
8 . 00 Termination or Suspension of Project :
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8 . 01 Termination or Suspension Generally : The Department may, by written notice to the Agency, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has
ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time the
interest of the
Department requires such termination .
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of ( a ) immediately terminating this Agreement or ( b ) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time ; otherwise this Agreement will be terminated
at
the end of such time . Suspension of this Agreement will not affect the time period for completion of the project .
If the Department requires termination of this 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 this Agreement is terminated .
If this Agreement is terminated before performance is completed , the Agency shall be paid for the
work satisfactorily
performed . Payment is to be on the basis of substantiated costs .
8 . 02 Action Subsequent to Notice-of-Termination or Suspension : Upon receipt of any final termination or suspension
notice under this paragraph , the Agency shall proceed promptly to carry out the actions required
therein which may
include any or all of the following : (a ) necessary action to terminate or suspend , as the case may be , project activities
and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis
of which
the financing is to be computed ; ( b ) furnish a statement of the project activities and contracts and other undertakings
the
cost of which are otherwise includable as project costs . The termination or suspension shall be carried out in conformity
with the latest schedule , plan , and cost as approved by the Department or upon the basis
of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule , plan , and estimate within a reasonable
time . The closing out of federal financial participation in the project shall not constitute a waiver of any claim
which the
Department may otherwise have arising out of this Agreement .
9 . 00 Contracts of Agency :
9. 01 Third Party Agreements : Except as otherwise authorized in writing by the Department , the Agency
shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds , including consultant
or construction contracts or amendments thereto , with any third party with respect to the project
without the written
approval of the Department . Failure to obtain such approval shall be sufficient cause for nonpayment by the Department .
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and
to
approve or disapprove the employment of the same .
9 . 02 Compliance with Consultants ' Competitive Negotiation Act : It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant
contract for
engineering , architecture or surveying services , is contingent on the Agency' s complying in full with provisions of Section
287 . 055 , Florida Statutes , Consultants ' Competitive Negotiation Act . At the discretion of the Department , the Agency will
involve the Department in the consultant selection process for all projects . In all cases , the Agency's attorney shall
certify
to the Department that selection has been accomplished in compliance with the Consultants ' Competitive Negotiation Act ,
10 . 00 Disadvantaged Business Enterprise ( DBE) Policy and Obligation : It is the policy of the Department that DBE ' s ,
as defined in 49 C . F . R . Part 26 , as amended , shall have the opportunity to participate in the
performance of contracts
financed in whole or in part with Department funds under this Agreement . The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement .
The Agency and its contractors agree to ensure that DBE ' s have the opportunity to participate in the performance
of this
Agreement . In this regard , all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE 's have the opportunity to
compete for and
perform contracts . The Agency and its contractors and subcontractors shall not discriminate on the basis of race
, color,
national origin or sex in the award and performance of contracts , entered pursuant to this Agreement .
11 . 00 Compliance with Conditions and Laws : The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal , state , and local laws and regulations
applicable
to this project . Execution of this Agreement constitutes a certification that the Agency is in compliance
with , and will
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
03/07
Page 9
require its contractors and subcontractors to comply with , all requirements imposed by applicable federal , state , and local
laws and regulations , including the " Certification Regarding Debarment , Suspension , Ineligibility and Voluntary Exclusion
— Lower Tier Covered Transactions , " in 49 C . F . R . Part 29 , when applicable .
12 . 00 Restrictions , Prohibitions , Controls , and Labor Provisions :
12 . 01 Equal Employment Opportunity : In connection with the carrying out of any project , the Agency shall not
discriminate against any employee or applicant for employment because of race , age , religion , color , sex , national
origin ,
disability or marital status . The Agency will take affirmative action to ensure that applicants are employed
and that
employees are treated during employment without regard to their race , age , religion , color , gender , national origin
,
disability or marital status . Such action shall include , but not be limited to , the following : employment upgrading , demotion
or transfer ; recruitment or recruitment advertising ; layoff or termination ; rates of pay or other forms of compensation
; and
selection for training , including apprenticeship . The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the project,
except
contracts for the standard commercial supplies or raw materials , and shall require all such contractors to insert
a similar
provision in all subcontracts , except subcontracts for standard commercial supplies or raw materials . When the project
involves installation , construction , demolition , removal , site improvement or similar work , the Agency shall post , in
conspicuous places available to employees and applicants for employment for project work , notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause .
12 . 02 Title VI = Civil Rights Act of 1964 : The Agency will comply with all the requirements imposed by Title
VI of the
Civil Rights Act of 1964 , the regulations of the U . S . Department of Transportation issued thereunder, and the
assurance
by the Agency pursuant thereto .
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title
VI of the Civil
Rights Act of 1964 , 49 C . F . R . Part 21 , and related statutes and regulations .
12 . 03 Americans with Disabilities Act of 1990 (ADA) : The Agency will comply with all the requirements as imposed by
the ADA , the regulations of the Federal government issued thereunder , and assurance by the Agency pursuant thereto .
12 . 04 Public Entity Crime : A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or
public work ; may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a
contractor , supplier ,
subcontractor or consultant under a contract with any public entity ; and may not transact business with any public entity
in
excess of the threshold amount provided in Section 287 . 017 , Florida Statutes , for CATEGORY TWO for a period
of 36
months from the date of being placed on the convicted vendor list .
12 . 05 Discrimination : In accordance with Section 287 . 134 , Florida Statutes , an entity or affiliate who has
been placed
on the Discriminatory Vendor List , kept by the Florida Department of Management Services , may not submit a
bid on a
contract to provide goods or services to a public entity; may not submit a bid on a contract with
a public entity for the
construction or repair of a public building or public work ; may not submit bids on leases of real property to
a public entity ;
may not be awarded or perform work as a contractor , supplier , subcontractor or consultant under a
contract with any
public entity; and may not transact business with any public entity .
12 . 06 Suspension , Revocation , Denial of Qualification or Determination of Contractor Non - Responsibility :
An
entity or affiliate who has had its Certificate of Qualification suspended , revoked , denied or have further been
determined
by the Department to be a non - responsible contractor may not submit a bid or perform work for the construction
or repair
of a public building or public work on a contract with the Agency .
12 . 07 Prohibited Interests : Neither the Agency nor any of its contractors or their subcontractors shall enter
into any
contract , subcontract or arrangement in connection with the project or any property included or planned to be included
in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest , direct or indirect . If any such present or former member , officer or employee involuntarily acquires or
had
acquired prior to the beginning of tenure any such interest , and if such interest is immediately disclosed to the Agency,
the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that
any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to
such
contract , subcontract or arrangement .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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The Agency shall insert in all contracts entered into in connection with the project or any property included or
planned to
be included in any project , and shall require its contractors to insert in each of their subcontracts , the following
provision :
" No member , officer or employee of the Agency or of the locality during his tenure or for
2 years
thereafter shall have any interest, direct or indirect , in this contract or the proceeds thereof. "
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency .
12 . 08 Interest of Members of, or Delegates to , Congress : No member or delegate to the Congress of
the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom .
13 . 00 Miscellaneous Provisions :
13 . 01 Environmental Regulations : The Agency will be solely responsible for compliance with all the applicable
environmental regulations , for any liability arising from non -compliance with these regulations , and will
reimburse the
Department for any loss incurred in connection therewith . The Agency will be responsible for securing any
applicable
permits .
13 . 02 Department Not Obligated to Third Parties : The Department shall not be obligated or liable hereunder
to any
individual or entity not a party to this Agreement .
13 . 03 When Rights and Remedies Not Waived : In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which
may
then exist on the part of the Agency and the making of such payment by the Department , while any such breach or
default
shall exist , shall in no way impair or prejudice any right or remedy available to the Department with respect to such
breach
or default .
13 . 04 How Agreement Is Affected by Provisions Being Held Invalid : If any provision of this Agreement is held invalid
,
the remainder of this Agreement shall not be affected . In such an instance , the remainder would then continue to
conform
to the terms and requirements of applicable law .
13 . 05 Bonus or Commission : By execution of the Agreement , the Agency represents that it has not
paid and , also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for
the financing
hereunder .
13 . 06 State Law : Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law . If any
of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing
in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project .
13 . 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 specifications and will issue to
the Agency a written
approval with any approved portions of the project and comments or recommendations covering any remainder
of the
project deemed appropriate . After resolution of these comments and recommendations to the Department' s satisfaction ,
the Department will issue to the Agency a written approval with said remainder of the project . Failure to obtain this
written
approval shall be sufficient cause of nonpayment by the Department .
13 . 09 Right-of-Way Certification : Upon completion of right-of-way activities on the project , the Agency must
certify
compliance with all applicable federal and state requirements . Certification is required prior to advertisement
for or
solicitation of bids for construction of the project, including those projects for which no right-of-way is required .
13 . 10 Agency Certification : The Agency will certify in writing , prior to project closeout , that the project was completed
in
accordance with applicable plans and specifications , is in place on the Agency' s facility, adequate title is in the
Agency' s
name , and the project is accepted by the Agency as suitable for the intended purpose .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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13 . 11 Agreement Format : All words used herein in the singular form shall extend to and include the plural
. All words
used in the plural form shall extend to and include the singular . All words used in any gender shall extend to
and include
all genders .
13 . 12 Execution of Agreement : This Agreement may be simultaneously executed in a minimum of two counterparts ,
each of which so executed shall be deemed to be an original , and such counterparts together shall constitute
one in the
same instrument .
13 . 13 Restrictions on Lobbying .
Federal : The Agency agrees that no federally- appropriated funds have been paid , or will be paid by or on behalf
of the
Agency , to any person for influencing or attempting to influence any officer or employee of any federal agency, a
Member
of Congress , an officer or employee of Congress or an employee of a Member of Congress in
connection with the
awarding of any federal contract, the making of any federal grant , the making of any federal loan , the entering
into of any
cooperative agreement , and the extension , continuation , renewal , amendment or modification of any federal
contract ,
grant , loan or cooperative agreement .
If any funds other than federally-appropriated funds have been paid by the Agency to any person
for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress , an officer or employee
of
Congress or an employee of a Member of Congress in connection with this Agreement , the undersigned shall complete
and submit Standard Form - LLL , " Disclosure Form to Report Lobbying , " in accordance with its instructions .
The Agency shall require that the language of this paragraph be included in the award documents for all subawards
at all
tiers ( including subcontracts , subgrants , and contracts under grants , loans , and cooperative agreements )
and that all
subrecipients shall certify and disclose accordingly .
State : No funds received pursuant to this contract may be expended for lobbying the Legislature , the judicial branch
or a
state agency.
13 . 14 Maintenance : The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement . If the Agency constructs any improvement on Department right-of-way, the Agency ® will ❑
will not
maintain the improvements made for their useful life .
13 . 15 Vendors Rights : Vendors ( in this document identified as the Agency) providing goods and
services to the
Department should be aware of the following time frames . Upon receipt , the Department has 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 Financial Services . The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received
, inspected , and
approved .
If a payment is not available within 40 days after receipt of the invoice and the receipt , inspection , and approval
of goods
and services , a separate interest penalty in accordance with Section 215 . 422 ( 3 ) ( b) , Florida Statutes ,
will be due and
payable in addition to the invoice amount to the Agency . Interest penalties of less than one $ 1 will not be enforced
unless
the Agency requests payment . Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment . The invoice payment requirements do not start until a properly completed
invoice is
provided to the Department .
A Vendor Ombudsman has been established within the Department of Financial Services . The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment( s ) from
the
Department . The Vendor Ombudsman may be contacted at 850 -410 -9724 or by calling the State Comptroller' s Hotline , 1 -
800-848-3792 .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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Page 12
IN WITNESS WHEREOF , the parties have caused these presents to be executed the day and year first above written .
AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By : Z—� , By .
Name : s ey S . Davis Name : G RY O' R LLY , P . E .
Title : Chairman Title : Director of Transportation Devel " ment ;3 {
Attest : - ,: , ar . �- Attest :
Title : Jeffrey K . Barton , Clerk Title :
As to form : As to form :
Attorney District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller . � � Y/
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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EXHIBIT " A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN : 4118136- 11 - 5 &01
This exhibit forms an integral part of the Agreement between the State of Florida , Department of Transportation and
Indian River Count
Dated
PROJECT LOCATION :
The project is x is not on the National Highway System .
The project is x is not on the State Highway System ,
PROJECT DESCRIPTION :
Indian River Blvd Sidewalk Improvement from 12th Street to 17th Street
SPECIAL CONSIDERATIONS BY AGENCY :
The audit report(s ) required in the Agreement shall include a Schedule of Project Assistance that
will reflect the
Department' s contract number , the Financial Project Number ( FPN ) , the Federal Authorization Number ( FAN ) ,
where
applicable , the amount of state funding action ( receipt and disbursement of funds ) , any federal or local funding action ,
and
the funding action from any other source with respect to the project .
The Agency is required to provide a copy of the design plans for the Department' s review and approval
to coordinate
permitting with the Department , and notify the Department prior to commencement of any right-of-way activities .
The Agency shall commence the project' s activities subsequent to the execution of this Agreement and shall perform
in
accordance with the following schedule :
a ) Study to be completed by N/A ( Phase 18and 28 LAP Agreements )
b ) Design to be completed by 5/ 1 /2009 . ( Phase 38 LAP Agreements )
c ) Right-of-Way requirements identified and provided to the Department by N /A (All LAPS requiring R/W )
( District will handle all Right of Way activities on LAPS , the date would be set by the necessary timeframe to
complete R/W activities .
d ) Right-of-Way to be certified prior to advertising for Construction . ( All Phase 58 LAPS ) .
e ) Construction contract to be let by 8/ 1 /2009 . ( For Phase 58 LAPS ) . (This date would be prior to the
end of the
fiscal year that the Phase 58 is programmed in FM )
f) Construction to be completed by 12/31 /2010 . ( Phase 58 LAP Agreements )
If this schedule cannot be met , the Agency will notify the Department in writing with a revised schedule or
the project is
subject to the withdrawal of federal funding .
This project is for reimbursement of Construction Only in the year 2008/2009 in the amount of $ 432
, 000 . 00 . Upon
execution of this agreement by all parties the Department will provide the Agency ONE EXECUTED AGREEMENT and a
NOTICE TO PROCEED , The Agency should not start any construction prior to the EXECUTED AGREEMENT and
a
NOTICE TO PROCEED . The Agency will only be reimbursed for costs incurred after the executed agreement date and
prior to the agreement or time extension ( if required by a request for a time extension from the Agency) date . Any
unused
funds will be deleted by the Department and the Federal -Aid Office upon completion and final billing .
Upon completion of the Project , the Agency is required to notify the Department of the date of the completion
and final
invoicing . The Department may require an onsite inspection with the Agency
Refer to Exhibit " B " annexed hereto and made a part hereof
SPECIAL CONSIDERATIONS BY DEPARTMENT :
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
CE
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OF 8106
Page
EXHIBIT " B "
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS FPN : 418136- 1 -58-01
Indian River County
184025 th Street
Vero Beach , FL 32960
PROJECT DESCRIPTION
Name: Indian River Blvd Side Walk Improvement from Length : 0 . 58 mi
Termini : 12th Street to 17`h Street
FUNDING
C1 ) (2) (3 )
TOTAL AGENCY STATE &
TYPE OF WORK By Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS
Planning 2006-2007
2007-2008
2008-2009
Total Planning Cost
Project Development & Environment (PD&E)
2006-2007
2007-2008
2008-2009
Total PD& E Cost
Design 2006-2007
2007-2008
2008-2009
Total Design Cost
Right-of-Way 2006-2007
2007-2008
2008-2009
Total Right-of-Way Cost
Construction 2006-2007
2007-2008
2008-2009 SE $432 ,000 . 00 $432 , 000 .00
2009-2010
Total Construction Cost $432 , 000 . 00 $432 , 000 . 00
Construction Engineering and Inspection (CEI )
2006-2007
2007-2008
2008-2009
Total CEI Cost
Total Construction and CEI Costs
TOTAL COST OF THE PROJECT $432 , 000 . 00 $432 , 000 . 00
The Department's fiscal year begins on July 1 . For this project, funds are not projected to be available until after
the 1st of July of
each fiscal year. The Department will notify the Agency, in writing , when funds are available .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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EXHIBIT " 1 "
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following .
Federal Agency : Federal Highway Administration
CFDA # : 20 . 205 Highway Planning and Construction
Amount : $ 432 , 000 . 00
Compliance Requirement :
Allowable Activities : To be eligible , most projects must be located on public roads that are not functionally classified
as
local . The major exceptions are the Highway Bridge Replacement and Rehabilitation Program , which provides assistance
for bridges on and off the federal -aid highways , highway safety activities , bicycle and pedestrian projects , transportation
enhancement activities , the recreational trails program , and planning , research , development, and technology transfer
.
Proposed projects meeting these and other planning , design , environmental , safety, etc . , requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state .
Allowable Costs : Eligible activities and allowable costs will be determined in accordance with Title 23
and Title 49
C . F . R . and the OMB cost principles applicable to the recipient/sub-recipient .
Eligibility : By law, the federal -aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department . Therefore , most projects are administered by or through
State Departments of Transportation ( State DOTs ) . Projects to be funded under the federal -aid highway program
are
generally selected by state DOTs or Metropolitan Planning Organizations ( MPOs ) , in cooperation with appropriate
local
officials , as specified in 23 U . S . C . and implementing regulations . Territorial highway projects are
funded in the same
manner as other federal -aid highway projects , with the territorial transportation agency functioning in a manner similar to
a
state DOT . Most Florida Land Highway Program ( FLHP) projects are administered by the Federal Highway Administration
( FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
( FLMAs ) . Under the FLHP , projects in the Indian Reservation Road ( IRR) Program are selected by Tribal
Governments
and are approved by the Bureau of Indian Affairs ( BIA) and the FHWA . Due to recent legislation
, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA . The
Fish and
Wildlife Service ( FWS ) and the National Park Service ( NPS ) select projects in the Refuge Road and
Park Roads and
Parkways Programs , respectively. For the Forest Highway Program , the Forest Service , the States and the FHWA jointly
select projects .
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows : The recipient of Local Agency Program ( LAP ) funding must comply with the statutory requirements in Sections
112 . 0611 215 . 422 , 339 . 12 , and 339 . 135 , Florida Statutes , and Title 23 and Title 49 , C . F . R .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -010-30
FEDERAL-AID PROJECT FUNDING REQUEST CONSTRUCTION
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Page 1 of 2
DATE
AGENCY Indian River County FEDERAL-AID PROJECT NUMBER 8887-596-A
FIN NUMBER 418136- 1 -58-01 STATE JOB NUMBER TIP PAGE NUMBER
PROJECT TITLE Indian River Blvd Sidewalk Improvements from 12th Street to 17th Street _
PROJECT TERMINI FROM : 12 Street TO : 17" Street
WORK PHASE : ❑ PLANNING ❑ ENVIRONMENTAL ❑ DESIGN ■ CONSTRUCTION ❑ RIGHT OF WAY
AWARD TYPE : ■ LOCAL F] LOCAL FORCES
ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared , indicate the approval date , and the most
recent reevaluation date .
EIS approved on : N/A and reevaluated on :
EA /FONSI approved on : N/A and reevaluated on :
Categorical Exclusion : f n I GJ O_ � /
Programmatic Categorical Exclusion determination on : Lo V
Type I Categorical Exclusion determination on : N/A
Type II Categorical Exclusion determination on : N/A
Categorical Exclusion Reevaluation on : N/A
TOTAL LOCAL AGENCY STATE FEDERAL FUNDS PERCENT OBLIGATION DATE
PHASE ESTIMATED COST FUNDS FUNDING ( nearest Dollar) FEDERAL Month / Year
nearest Dollar nearest Dollar nearest Dollar FUNDS
PLANNING
PD& E
DESIGN
RNV
CONST . $4321000 .00 $4321000 . 00 100
TOTAL $432 ,000 .00 $4321000 .00 100
DESCRIPTION OF EXISTING FACILITY ( Existing Design and Present Condition )
Roadway Width : Number of Lanes
Bridge Number( s) on Project None
DESCRIPTION OF PROPOSED WORK ■ New Construction ❑ 3- R ❑ EnhancementF] Congestion Mitigation
Sidewalk Construction Roadway Width Number of Lanes
Bridge Numbers( s ) on Pro ' ect
TITLE : Design Engineer
LOCAL AGENCY CONTACT PERSON
Michael Nixon , P . E .
MAILING ADDRESS : PHONE : ( 772 ) 226- 1986
184025 th Street
Vero Beach , FL
AGENCY ZIP CODE : 32960
Indian River County
LOCATION AND DESIGN APPROVAL : /
BY:
Approving Authority
TITLE : ggky:dct IW12tA lot/^W b`2 DATE : 4 ^ 'f - 0
525-010-30
CONSTRUCTION
08/00
Page 2 of 2
AGENCY : PROJECT TITLE : DATE :
`h
Indian River County Indian River Blvd Sidewalk Improvements from 12Street to 17Th
Street
ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS :
An Environmental determination was completed for this Project .
RIGHT OF WAY AND RELOCATION :
There is no right of way acquisition associated with this Project .
THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR
AGENCIES , OR ITS DESIGNEE , AND IS NOT INCONSISTANT WITH THE AGENCY' S COMPREHENSIVE PLAN FOR
COMMUNITY DEVELOPMENT ,
AGENCY : INDIAN RIVER LOUNTY
DATE : April 14 , 2009 �;:--
Wesley S . Davis , C airman
Hopkins , Yanique
From : The job F1989DKR
Sent : Tuesday, June 23 , 2009 8 : 27 AM
To : Hopkins , Yanique
Subject : FUNDS APPROVAL/ REVIEWED FOR CONTRACT APK04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #APK04 Contract Type : AK Method of Procurement : G
Vendor Name : INDIAN RIVER COU
Vendor ID : VF596000673026
Beginning date of this Agmt : 06 / 22 / 09
Ending date of this Agmt : 12 / 31 / 10
Contract Total / Budgetary Ceiling : ct = $ 432 , 000 . 00
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * *
Description :
Indian River Blvd Sidewalk Improvement from 12th Street to 1 7th Street
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * *
ORG - CODE * EO * OBJECT * AMOUNT * FIN PROJECT * FCT * CFDA
( FISCAL YEAR ) * BUDGET ENTITY * CATEGORY / CAT YEAR
AMENDMENT ID * SEQ . * USER ASSIGNED ID * ENC LINE ( 6S ) / STATUS
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * *
Action : ORIGINAL Funds have been : APPROVED
55 043010404 * OM * 790092 * 432000 . 00 * 41813615801 * 215 * 20 . 205
2009 * 55150200 * 088717 / 09
0001 * 00 * * 0001 / 04
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - -
TOTAL AMOUNT : * $ 432 , 000 . 00
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - -
FUNDS APPROVED / REVIEWED FOR ROBIN M . NAITOVE , CPA , COMPTROLLER
DATE : 06 / 23 / 2009
1
RESOLUTION NO . 2009 - 040
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY , FLORIDA , AUTHORIZING EXECUTION OF A
LOCAL AGENCY AGREEMENT FOR INDIAN RIVER BOULEVARD SIDEWALK
IMPROVEMENT FROM 12TH STREET TO 17TH 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 construction of the Indian River Boulveward
Sidewalk Improvement from 12th Street to 17th 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 Program Agreement for the aforementioned project ;
NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the
Chairman of the Board is hereby authorized to make , execute , and deliver to the State of
Florida, Department of Transportation, a Local Agency Program Agreement for the
aforementioned project .
The foregoing resolution was offered by Commissioner . ' Bryan
who moved its adoption. The motion was seconded by Commissioner Fl escher
and , upon being put to a vote , the vote was as follows :
Chairman Wesley S . Davis AYE
Vice- Chairman Joseph E . Fletcher AYE
Commissioner Gary C . Wheeler AYE
Commissioner Peter D . O ' Bryan AYE
Commissioner Bob Solari AYE
The Chairman thereupon declared the resolution passed and adopted this
14th _ day of April , 2009 .
BOARD OF COUNTY COTIvILMISSSIONERS
OF INDIAN RIVER COUNTY , FLORIDA
BYE— —
Wesley S . Davis , Chairman
APPROVED A5 TO FORM
Attest : AND ULGAL SU FIC
Jeffrey K . Barton, Clerk
BY
WILLIAM . DEBRML
DEPUTY COUNTY ATTORNEY
F :\Engineering\Capital Projects\0745 IR BLVD SIDEWALK 12th Street to 17th Street\BCC Agenda Items\RESOLUTION- Indian
River Blvd Sidewalk Improvement from 12th St to 17th St. doc
FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON -STATE ORGANIZATIC IS -
RECIPIENT/SUBRECIPIENT VS . VENDOR DETERMINATION
This checklist and the standard contract audit language may be obtained electronically from the Department of Financia Services'
website (https : //apps . fldfs . com/fsaa) .
If a Florida Single Audit Act State Project Determination Checklist has not been previously completed , please complete now .
(Applies
only to State agencies)
This checklist must be used by State agencies to evaluate the applicability of the Florida Single Audit Act (FSAA) to no : state
organizations after a state program has been determined (using the Florida Single Audit Act State Project Determinatic Checklist)
to
provide state financial assistance (i . e . is a State Project as defined in 215 . 97 (2) , F . S . ) . This checklist assists
in deterrr ing if the non-
state organization is a vendor, recipient/subrecipient , or an exempt organization .
Recipients and subrecipients of state financial assistance must also use this checklist to evaluate the applicability of tht - SAA
to non-
state organizations to which they provide State resources to assist in carrying out a State Project .
Name of Non -state Organization : Indian Rivar GniintV
Type of Non -state Organization : ( nunty Commiccinn
( i . e . nonprofit, for- profit, local government ; if the non -state organization is a local government, please indica.
the type of
local government — municipality , county commission , constitutional officer, water management district , etc . )
Awarding Agency : Finricia_L1ep.. rtmP- nt of Trnncnnrtntinn
Title of State Project: HighwgV PInnning ;; nri Cnnctn irtinn
Catalog of State Financial Assistance (CSFA) Number : N /A
Contract/Grant/Agreement Number: APInR i 41 RnM1 SRn1
PART A
YES NO
_ x 1 . Is the non -state organization a district school board , charter school , community collegE public
university , government outside of Florida , or a Federal agency?
X 2 . Is the relationship with the non -state organization only to procure commodities ( as def ied in
287 . 012 ( 5 ) F . S . ) ?
_ x 3 . Does the relationship with the non - state organization consist of only Federal resource . State
matching resources for Federal Programs or local matching resources for Federal Pro ( -ams?
_ x 4 . Does the relationship with the non - state organization consist of only State maintenanc of effort
( MOE ) ' resources that meet all of the following criteria?
x A . Do Federal Regulations specify the requirements for the use of the State MOE res urces and
are there no additional State requirements?
_ x_ B . Do contracts contain sufficient language to identify the State MOE resources and t: a associated
Federal Program ?
_ x C . Do A- 133 audit requirements apply to the State MOE resources and do contracts ipulate that
the State MOE resources should be tested in an A- 133 audit in accordance with F feral
Program requirements?
' MOE refers to the Federal maintenance of effort/level of effort requirements as defined by OMB Circular r 133
Compliance Requirement G ( Matching , Level of Effort , Earmarking ) .
If any of 14 above is yes , the recipient/vendor relationship determination does not need to be completed b cause the
FSAA is not applicable to the non -state organization .
DFS-A2 - NS 1
July 2005
Rule 691 - 5 . 006 , FAC
w
PART B
Recipient/Vendor Relationship Determination :
The following should be analyzed for each relationship with a non -state organization where it has been determined that
the state program provides state financial assistance ( i . e , is a State Project) and the non -state organization is not
exempt
based on the questions above . This relationship may be evidenced by , but not limited to , a contract , agreement , or
application .
YES NO
X 1 . Does State law or legislative proviso create the non -state organization to carry out this State Project?
X 2 . Is the non -state organization required to provide matching resources not related to a Federal Program ?
X 3 . Is the non -state organization required to meet or comply with specified State Project requirements in order
to receive State resources ? ( State Project requirements include laws , rules , or guidelines specific to the
State Project such as eligibility guidelines , specified types of jobs to be created , donation of specified
assets , etc . Specified State Project requirements do not include procurement standards , general
guidelines , or general laws/rules . )
x 4 . Is the non -state organization required to make State Project decisions , which the State agency would
otherwise make? (e . g , determine eligibility , provide case management , etc. )
x 5 . Is the non -state organization ' s performance measured against whether State Project objectives are met?
(e . g . number of jobs to be created , number of patients to be seen , number of disadvantaged citizens to be
transported , etc. Performance measures may or may not be related to State performance - based
budgeting . )
If any of the above is yes , there is a recipient/subrecipient relationship and the non -state organization is subject to
the
FSAA. Otherwise the non -state organization is a vendor and is not subject to the FSAA.
PART C
Based on your analysis of the response above and discussions with appropriate agency personnel , state your conclusion
regarding the non -state organization .
( Check one) Recipient/Subrecipient : X Vendor: Exempt Organization :
Comments :
Print Name : Barbara Handrahan Telephone Number :
Title : Project Manager
Signature : Date :
Note it is the program personnel ' s responsibility to notify Finance and Accounting of which non -state organizations have
been determined to be recipients and are receiving state financial assistance ( i . e , disbursements must be coded as 7500
object code in FLAIR ) .
Note it is possible to have a contractual agreement with a non-state organization under Chapter 287, Florida Statutes, and
still consider the non -state organization a recipient under the Florida Single Audit Act.
If a recipient/subrecipient relationship exists the standard contract audit language , including Exhibit 1 ( DFS-A2-CL ) , must
be included in the document that established the State ' s , recipient' s , or subrecipient' s relationship with the non -state
entity .
Questions regarding the evaluation of a non -state organization or if it has been determined that the non -state organization
is a recipient and a CSFA number has not been assigned , contact your FSAA State agency liaison or the Department of
Financial Services , Bureau of Auditing at ( 850 ) 413 -3060 or Suncom 293 -3060 . Reference may be made to Rule 691 -5 ,
FAC ,
DFS-A2 - NS 2
July 2005
Rule 691 -5 . 006 , FAC
FLORIDA SINGLE AUDIT ACT STATE PROJECT DETERW NATION CHECKLIST
This checklist may be obtained electronically from the Department of Financial Service website
( https : Happs , fldfs . com/fsaa) ) .
This checklist must be used by State agencies to evaluate the applicability of the Floric 3 Single Audit Act ( FSAA)
to a
state program ' for inclusion in the Catalog of State Financial Assistance ( CSFA) .
A state program is defined as a set of special purpose activities undertaken to realize dentifiable goals and objectives
in order to achieve a State agency ' s mission and legislative intent requiring accountak ility for State resources .
A state program or budget appropriation may include more than one special purpose a :tivity with distinctly different
objectives . Each of these distinct special purpose activities must be assigned a separa e CSFA number ( if the FSAA
is
determined to be applicable based on the analysis below) .
The General Appropriations Act - particularly appropriation categories 05 , 08 , 09 , 10 , a id 14XXXX - is an excellent
place to begin researching state programs to determine their applicability to the FSAA . However, this list of
appropriation categories is not all - inclusive .
A State Project is a state program that provides state financial assistance to a non -stat organization and must be
assigned a state project identifier in the Catalog of State Financial Assistance ( CSFA nim ber) .
State Agency : Florida Department of Transportation
Title/Name of State Program : Highway Planning and C: nnstrimtiian
Authorizing Statute/ Legislative Proviso : 339 . 2819
All four questions below must be completed . A state program may include more th :in one source of support .
( i . e . A yes to more than one of the questions below . ) Each source of support must be considered independently .
Is the state program supported by :
Yes No
x _ 1 . Federal resources? If yes , please note CFDA number
x 2 . State matching resources for a Federal Program as defined by OMB Circular A- 133?
x 3 . State maintenance of effort/level of effort ( MOE ) resources for a Federal Program as defined by
OMB Circular A- 133 Compliance Requirement G ( Matching , Level of Effort , Earmarking ) ? If yes ,
please note CFDA number ( if different from above)
X 4 . State resources other than State match or State MOE ?
Complete the applicable sections below for each yes response above .
If only Question 1 and/or Question 2 above is yes , the state program is not a State Project and should not
be included
in the CSFA.
If Question 3 above is yes , the State MOE resources must be analyzed using the following criteria :
Yes No
x A. Do Federal Regulations specify the requirements for the use of the State MOE resources and are there
no additional State requirements ?
x B . Do contracts contain sufficient language to identify the State MOE resources and the associated Federal
Program ?
x C . Do A- 133 audit requirements apply to the State MOE resources and do contracts stipulate that the State
MOE resources should be tested in an A- 133 audit in accordance with f= ederal Program requirements ?
If A-C above are all yes , the state program is not a State Project and should not be included in the CSFA .
If any of A- C above are no , the state program is a State Project and must be as :iigned a CSFA number .
If Question 4 above is yes , answer the following :
Yes No
x Are any of the State resources provided to a non -state organization ?
DFS-A2 - PD l
July 2005
Rule 691 -5 . 005 , FAC
If no , the state program is not a State Project and should not be included in the CSFA .
If yes , the state program must be evaluated using the following criteria :
Yes No
x A . Does the state program establish programmatic objectives , which must be met by the non -state
organization in order for it to receive State resources? ( e . g . legislative intent , programmatic
outcomes/goals , or are related to the Agency' s mission )
x B . Does the state program provide resources to enhance or support the operations or programs of a non -
state organization ?
_ x C . Does the state program provide resources to a non -state organization for providing a program service ?
( i . e . Are the services provided by the non -state organization consistent with the programmatic
objectives ? )
_ x D . Does the state program contain specific laws , guidelines or regulations regarding allowable program
expenditures ?
If any of A- D above is yes , the state program is a State Project and must be assigned a CSFA number.
Based on your analysis above and discussions with appropriate agency personnel , state your conclusion regarding the
state program :
( Check one) A State Project : Not a State Project: XX
Comments :
Completed By : ( Program Personnel )
Print Name : Phone Number:
Title :
Signature : Date :
Budget Office Review : ( Applies only to Questions 1 -4 )
Print Name of Reviewer: Phone Number :
Title :
Signature of Reviewer : Date :
Finance and Accounting Review : ( Applies only to Question 3 A-C and Question 4 A= D )
Print Name of Reviewer : Phone Number:
Title :
Signature of Reviewer : Date :
Office of Inspector General Receipt :
Print Name of Receiver : Phone Number:
Title :
Signature of Receiver : Date :
Questions regarding the evaluation of a state program or if it has been determined that the state program is a State
Project and has not been assigned a CSFA number , contact your FSAA State agency liaison or the Department of
Financial Services , Bureau of Auditing , at ( 850 ) 413-3060 or Suncom 293 -3060 . The Agency 's Office of Inspector
General must forward each original completed and approved checklist to the Department of Financial Services ,
Bureau of Auditing , 200 East Gaines Street , Tallahassee , Florida 32399 -0355 . Reference may be made to Rule
691 -5 , FAC ,
DFS-A2 - PD 2
July 2005
Rule 691 - 5 . 005 , FAC
STATE OF FLORK A DEPARTMENT OF TRANSPORTAWN =41011
LOCAL AGENCY PROGRAM (LAP) CHECKLIST FOR CONSTRUCTION CONTRACTS (Phase 58) - PROJECT MMAGUIENQNT
FEDERAL. REQUIREMENTS P+ um + UF "
Project Title: Indian River Blvd Sidewalk between 12th St and 17"' St Federal Aid Highway (yeslno): No
Financial Management Number. 418136-1 -58-01 Natlona! Highway System (NHS) (yes/no): No
Federat-Aid Project Number. 8887596A State Highway System (SHS) (yestno): No
County: Indian River Contract Amount ($): 247.072. 90
Local Agency; Indian River County Project Status: Designed
NHW Non- Non- Non- Reference
SHS NHS/ NHS! Federal- District Construction
Requirement Reference SHS Non- Aid Contract Local FDOT
SHS Highway/ Local Agency Responsibility Monitoring Contract
Doctract Agency District
NonSHS Rosponslblimes (Location In IR(tial Initial
El Contra
1 . Plan, LAP Yes Yes NV No' Submit PS&E package to FDOT for approval. Review/approve Plans
Specification & Agreement Submittal also must include: PS&E Assemblyspecifications
Estimates - Section and estimles
(PS&E) 13,08 Assurances that all rlghW-way (ROW) have been
Submittal clearances, utility, and railroad work have submitted to
LAP Manual been completed, or that arrangements have FDOT for
Chapter 4 been made for coordination during review and
Section 2 construction with proper notice provided in approval,
the bid proposal;
Assurances that all environmental federal
requirements including the NEPA process
have been completed
During this mandatory oenification process
all PS&E pedu*n should be submitted and
those on the NMS and SHS will need to be
approved by FDOT.
2. Audits 49 CFR Yes Yes Yes Yes Local Agencies are to have audita done Review Local Page 47, GC
Subtitle A annually using the criteria outlined in Section Agency reoords to 57, 14
Pad 90 5.04 of the LAP Agreement, ensure the annual
48 CFR 31
Federal comp is complianceIn
Acquisition Sectio5,0 with
Regulations the LA 5,04 of
the lJ4P
Agreement
52601044
PROJECT MANAGEMENT
OMM
Pap 2 of e
NHS$ Non- Non- Non- Referenca
SHS NHSI NHS! Federal- Construction
Requirement Reference SNS District Conftct Local FDOT SHS Highway! Local Agency Responsibility Mon
itoring � Agency District
Non-SHS Responsibilities (Location in Initial Initial
El Contract)
3. Bonding 23 CFR Yes you No No The Local Agency shall certify that FDOT Review bid Page 1 , Federal
and t at to Prequalified Contractors will be used to document for Required
Prequalificatim perform LAP projects when on the NHS or inclusion of the Contract
SHS. However, when the project Is on the provision. provisions,
NHS or SHS, and the contrail is under Paragraph 2
$250,000, then a prequalified contractor Is , fit
not required. Per FDOT Standard
Specifications 2-1 Prequall1kabon of Bidders
4. Buy 23 CFR Yes Yet Yea Yes include FDOTs Supplemental Specification Review bid Page 19,
America 835.410 8-12.2 in bid document, document for paragraph 17
Inclusion of the and Page P-18
specification. arsis
Gilining the M eljon•. Review bid oage 21 ,
Orders 835.120 under which a change order Is allowed and document for paragraph 21 ,
include in bid document. May use Section ln&mlon of the and page 22,
7.3.11 of MOT CPAM as part of procedure, provision, paragraph 22.
6. Claims 23 CFR Yes Yes No No Develop procadurea outlining the conditions Review bid Page 23,
636. 124 under which a claim is allowed and Include In document for paragraph 25
bid document. May use Section 7.5 of FDOT Inclusion of the ✓
CPAM as part of procedure. provision_
7. Contractor 23 CFR 140 Yes Yes Yes You Do not allow. Review bid Page 249 AW
49 CFR document to Paragraph 28
Equipment for Part 18 ensure exclusion
State or Local 49 CFR of provision.
Ownership Section
18.3
8. Suspension 49 CFR 29 Yes Yes Yes Yes The Local Agency shall Include certification Review bid Pape 18, „r
and Debarment in bid documents, document for Paragraph 15,
inclusion of Page 24,
provision. paragraph 27
and Page P-18.
PaorsCTrMrwoeravrr
Pap. 3 a s
HH81 Non- Non- Non- fteferenw
SHS NHS1 NH3/ Federal- Construction
SHS Non- Aid gyespy District Contact Local FDOT
Requirement Reference Local AencResponsibility Monitoring Agency District
SHS Highwoyt
Responsibilitles (Location In Initial Initial
Non-SHS
Contract
9. 49 CFR 26 Yes Yes Yes Yes The Local Agency shall comply with FDOTs Obtain copy of the Page 2%
Disadvantaged DBE Program Plan unless the Local Agency USDOT approval Paragraph 18
Business has a DBE Program Plan approved by the letter for the DBE
Enterprise USDOT. FDOT currently has a race neutral Program Plan for
(DBE) program with an 81 % goaL highways.
Establish a DBE availability goal and Include
In bid document.
Include DBE apodal provisions In bid
document.
Use DBEs certified under the Ftorlds Unified
Certification Program Directory:
http;ltwww,bipincwebapps.com/dznmAorida/
10. Equal 23 CFR 230 Yes Yes Yee Yes Include FDOT Spatial Provisions related to Review bid Page 3,
Employment Executive Order 11246, document for Paragraph 5,
Opportunity inclusion of this Section (2) .L .i
provision.
11 . Equipment 23 CFR Yes Yes Yea Yes Develop procedure based on 48 CFR 31 and Review bid Page 24, �y
Rental Rates 635.120 include in bid document, document for Paragraph 28,
48 CFR 31 inclusion of the Section (2)
proper payment
provision for rental
equipment
12. Foreign 49 CFR 30 Yes Yes Yes Yes Local Agency will use FDOT Supplemental Review Not Applicable dqe
Contractor and Specification 642.2 and may choose to use documents to
Supplier FOOT Form 375-020-08. ensure
Restriction complianoe.
13. Inowflve/ 23 CFR Yes No No No Develop procedure based on 23 CFR Review bid Not applicable
Disincentive 635. 127(d,l) 635.127 and include in bid document (d document to
Clauses focal Agency elects to use Incentive/ ensure procedure
Disincentive). May use Section 1 .2.6 of was followed, if
FODT CPAM as a guide in this developrnerw Local Agency
elects to use
Incentive/
Disincentive.
1"044
PRDJWr kWACEWkWt
o3w
Pp* 4da
Non- Non- Non- Reference
SHS NHS1 NHS! Federal- District Construction Local FDOT
itequiremarrt Reference SMS Non- Aid SHS Highway! Local Agency Responsibility Monitoring Contract Documents Agency Disct
NonSHS ResponsibilitiesDocuments
In Initial Initial
Contract
14, Indian 23 CFR Yes Yes Yes Yes It utilized, must obtain FHWA approval of Verify provisions Not applicable �P ✓
Preference on 635.117 provision complying with 23 CFR 635.117. meet federal
Feders"d requirements.
Projects (Labor
8 Employment)
15, FHWA 23 CFR 833 Yes Yes Yes Yes Must be Included verbatim In all contracts Review bid Page 4
Foran 1273 and subcontracts, doraanent for Paragraph 5
Inclusion of the
provision.
16. Liquidated 23 CFR Yes Yes No No Develop rates based on 23 CFR 636.127 Ensure that rates Page 23,
Damages 635.127 and Include convect provisions. aro included in the Paragraph 24
bid proposal.
17. Local 23 CFR Yes Yes Yes Yes The Local Agency needs to car* it does not Review bid Page 25, Mdl
Hiring 635.117 have local hiring preferences. document to Paragraph 35
Preference ensure exclusion
of any local hiring
preference.
18. Lobbying 49 CFR 20 Yes Yes Yes Yea The Local Agency shall Include certification Review bid Page 19, M�✓
Certification in bid documents, document for Paragraph 16,
Inclusion of the Page P-17
provision.
19. Method of 23 CFR Yea Yes Yes Yes Lord Agency shall certify that projects will be Review bid Page 1 , rq Al
Construction 635. 104 & awarded to the lowest responsive bidder docurrma to verify Paragraph 3
(or Method of 23 CFR except for Design-Build as approved by the compliant bidding
Bidding) 114(a) FDOT. process. /tee
The method of bidding shall be In the project
specifications.
20. Non- 23 CFR Yes Yes Yes Yes The Local Agency shall Include certification Review bid Page 21 , raj
Collusion 835. 112(1) in bid documents, document for Paragraph 20 art
Provision inclusion of the p+v
provision.
aasalo-a
PROJECT MANAWMEW
03M
Pips da
NHS/ Non- Non= Non- Re►vrance
SHS NMS! NHS! Federal- DlaWCt Construction LOW FDOT
Requirement Reference SHS Non- Aid local Agency Responsibility Monitoring Contract Agcy District
SHS Highway/ Responsibilities Documents Initial Initial
NonSHS (Location In
Contract
21 . Owner 23 CFR Yes Yes Yes Yes Owner Force Account contracting is not Review bid Not applicable J me
Force Acoountf 635B under allowed without first subnoitting a finding of document to
Cost-Effective 835.20.5 cost-effectiveness. This must be approved ensure exclusion
Juetific0on by the District LAP Administrator, of provision or that
appropriate �—
approval has been
received.
22. Patented/ 23 CFR Yes Yes Yes No Do not use unless there is a public Interest It development of Not applicable
Proprietary 635.411 finding approved by FDOT (if speclfled in the a public interest
Materials bid document). finding is required,
ensure that the
finding approved
by FDOT Is
included in the bid
document.
23. Prevailing 23 USC 113 Yes Yes Yes No Include latest Davis-Bacon wage table(s) In Review bid Page 7,
Minimum 23 CFR the contract. Current wage tables may be document for Paragraph 8
Wage e33A obtained at: inclusion of the
http:/lwww.dot.state.f,us/con*uctioNwage.s provision (wage
him or http:/hvww.wdol.gov table).
24. Progress 23 CPR Yes Yes No No Develop contract language to ensure that Review bid Page 40,
Payments $35. 122 payments are based on work completed, this document for paragraph 44 of
may Include stockpiled materials. Section &, Inclusion of the General
5 of FDOT Standard Specifications may be provision. Conditions g
used for guidance.
25. Prohibition 23 CFR Yes Yes Yes No Develop contrail language to prohibit the Review bid Page 24, M�
Against 63SA17 use of convict produced materials and document for paragraph 29
Convict include in bid document, inclusion of the section 1
Produced provision.
Materials
26. Public 23 CFR Yes Yes Yes Yes Do not allow. Review bid Page 24,
Agencies in 635. 112(x) document to paragraph 2$
Competition ensure exclusion section 1
with the Private of the provision.
Sector
ers-e,o-w
PROJEOTMANM EAENT
aaaa
Pp. eae
NHS! Non- Non- Mon. Reference
SHS NHS1 NHS! Federal- District Construction Local FDOT
Requirement Nonw Aid msnt Reference g Loral Agency Responsibility MonitoringContract Agency District
SHS High Highway/ (fi b Initial Initial
cation Conies
27. Pub#cly= 23 CFR Yes Yes Yes Yes Do not allow. Review bid Page 24,
Owned 635. 106 document for paragraph 28
Equipment exclusion of the section 1
provision. low
28. Records 49 CFR 18 Yea Yes Yes Yes Project records must provide adequate Conduct periodic Page 25, E
Retention 23 CFR assurance that the quantities of completed reviews to ensure Paragraph 32,
18.42 work are determined accurately and compliance, section 2.
FFNYA uniformly, and be maintained for a minimum
Forth 1273 of 5 years following contract completion and ti%j-
Item V.2 acceptance.
29. Salvage 49 CFR Yes Yes Yes YesDo not allow. Review bid Page 24,
Credits 18.38 document for Paragraph 30
exclusion of the
provision.
30. 23 CFR Yes Yes Yes Yea Develop contract language to ensure that the Review bid Page 21 ,
Standard¢ed 635. 108 requirements of 23 CFR 835.109 are met, document for Paragraph 21
Changes Sections 4�3.2 and 5-12.8 of FOOT inclusion of the
Conditions Supplemental Specifications and Sections 4 provision.
Contract 3 and 542 of FOOT Standard Speciff cations log
Clauses may be used for guidance.
31 . Standard 23 CFR Yes Yes No No Local Agency will use FDOT's specifications Review
Specification 6305 when the construction project is on the SHS, documents to
and Plans ensure Local
Local Agency will use FDOT'a pre-approved Agency is using
specifications when the project is off the FOOT approved
SHS, or will seek FOOT approval for local specifications.
-
agency specifications.
htipJAvww,dol. swe.tl.us/specMcadonsoffloeI
lmplementedA.APA.apSpecslDetaultshtm
32. State 23 CFR Yes Yes Yea Yes Do not allow. Review bid Page 24, x/
Preference 635.409 document for paragraph 29,
exclusion of state Section 2
or local
preferences.
62&4,444
PROJECT MANAcer.arrr
P.y. 7 or e
NHS! Nonw Non- Nomp Referonce
SHS NHSI NHS! Federal- Construction
SHS Non- Aid Agency Responsibility Monitoring Contract Local FDOT
Requirement Rahronce Local y po ity g Agency District
5H3 Highway!
Non-SH3 ResponsiblafNs (Location in Initial Initial
13 Contracti
33. State/ 23 CFR Yea No No No If utflized , must obtain FHWA approval. Review bid Page 24,
Local Owned/ 635.407 document for Paragraph 29
Fumishedl exclusion of Section 2
Designated materials
Materials fumished by Local
Agency
34, 23 CFR Yes Yes No No Develop contract language to meet the Review bid Page 24,
Subcontracting 635.116 requirements. document for Paragraph 31
inclusion of the
provision.
35. 23 CFR Yes Yes No No Develop contract language for tarrnUratlon for Review bid Page 44,
Termination of 635. 125 cause, convenience, and default and include document for Paragraph 50
Contract in the bid document inclusion of the and 51 of
provision. General ✓ is
Concttions
36. Time 23 CFR Yes Yes No No Include reasons lime extensions are showed Review bid Page 23,
Extensions 635.121 In specifications. May use Section 8=7.32 of document for Paragraph 23
the FOOT Standard Specifications, inclusion of the
37, Report American Yes Yes Yes Yes Include the American Recovery and Review bid
Jobs Recovery Reinvestment Act of 2009 special provision document for
and SP0070111E8. Inclusion of the
Reimrestrne special provislon. � a4G.t_
nt Act of
2009
IVO r !4 STotm" "es 41PICA715r .
PROJECT MMIAGEMEW
balm
PM" 0of0
Local Agency I hereby certify that the above mentioned LAP project construction contract documents contain the provisions set forth in this checklist.
, � R maeklJo .y �rop�vGt/ ON s+�9e�
Signature Position Title
10ic4ae / N*#'x& Aw -' /.2 owes, Dp'
Name (Printed) Date
District LAP Adminisbator/Designee: I hereby certify that the above mentioned LAP project construction contract documents Contain the provisions
set forth In this
checklist.
Signature Position Title
44v% J r" " 3 _ 3 t_ o 4
Name (Printed) Date
Central Office UdewIde Administrator. I hereby certify that the checklist is complete as Indicated .
r#were,
Signature Position Title
Name (Printed) pate
LOCAL AGENCY PROGRAM (LAP)
TYPE I OR PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST
Financial Project ID : FM # 418136 - 1 - 58 - 01
County : Indian River County
Project Description : Sidewalk and Pedestrian Bridge construction on Indian River Boulevard between
12th Street and 17`t' Street .
IMPORTANT If the answer to any of these questions is No , then a Type I or Programmatic Categorical
Exclusion does not apply and further coordination with FDOT is required to
determine the necessary level of environmental documentation .
YES NO
X Are the impacts to local traffic patterns , property access , community cohesiveness,
planned community growth of 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? .
X _ Are any or all flood plain encroachments not significant in accordance with Part 2 ,
Chapter 24 ?
X — Will endangered and threatened species and their critical habitats remain unaffected ?
X _ Is there no right-of-way or an insignificant amount of right-of-way required for the
project ?
X Are the residential or business relocations for the project not significant?
Is Section 4( f) not applicable to the project?
X Have properties protected under Section 106 which are taken , used or in close
proximity to the project been identified and if applicable reviewed by SHPO , and has
a determination of "No Effect" or "No Adverse Effect" been given ?
X Is the Contamination involvement not significant?
X _ The project does not require a public hearing or an opportunity for a public hearing?
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 Programmatic Categorical Exclusion per FHWA , FTA , and FDOT
X _ Agency Operating Agreement executed on January 15 , 2003 .
This project is a Type I Categorical Exclusion under ( 23 CFR 771 . 117 ( c )) effective
X November 27 , 1987 .
Package prepared by :
LAP Reviewer . L�Fyy , 2arF _ Date : z zo
Name : x.0 1 jaaz;c7NyK
Company : a
Address : t,c: vZ�V�O ;;,Svut
FDOT App roval : /fi\ 4 Date :
District 4 LAP Administrator
FDOT Concurrence : Date :
District 4 Environmental Administrator
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-085-05
LAP CERTIFICATION RIGHT OF WqY
perm
R/W ITEM/SEGMENT NO . : MANAGING DISTRICT : /
CONSTRUCTION ITEM /SEGMENT NO . : �/ � ` /3 G: - STATE ROAD :
F .A. P . NO . (Constrr ction ) : DESCRIPTION :: � FR (4( J) '
COUNTY : 1� itr S � r �,
LETTING DATE :
The undersigned hereby certifies as follows :
Title to all property and easements needed for the above construction project is vested in the Florida Department of
Transportation (Department) or a state or local government . Sufficient authority has been obtained to construct and
maintain the proposed improvements on property and easements owned by state or local governments . Further:
Acquisition
® Right of way was not acquired for this project .
Q Right of way was acquired for this project in compliance with applicable state and federal law .
Relocation
No persons or businesses were required to move or move personal property from the project right of way .
O All persons and businesses that were required to move or move personal property from the project right of way have
been provided relocation assistance in compliance with applicable state and federal law.
Demolition
® No structures or improvements , including encroachments , required removal from the project right of way .
O All structures and/or improvements , including encroachments , have been removed from the project right of way in
compliance with applicable state and federal law , or will be included in the construction contract.
Asbestos Abatement
0 No structures or improvements requiring asbestos abatement were located on the project right of way .
0 Asbestos abatement of buildings and/or structures , including those to be removed by the construction contractor, has
been completed in compliance with applicable state and federal law , or will be included in the construction contract.
Submitted by Local Agency : h vv%4� �/+�.� (/� � " ` � a 010
Title : p-(? ,J & CC tart >'�- Date:
n ,p
°; Certified by : q ao a a
Title : Cheryl A . Balog istrict R / W Manager Date :
ADDITIONAL STATEMENT — Local Agency Program
No Additional Right of Way Required
STATE ROAD : Nssbi Ar.)
RNV ITEM/SEGMENT NO . : �D
CONST . ITEM SEGMENT NO , :
58- o t
DESCRIPTION :
F . A. P . NO . : 5 ,S $ -7 ' 716 -
PREFERRED LETTING DATE :
LOCAL AGENCY : 'l' N � r F �wc coyi s
The following interests in land ( Right of Way) will NOT be required for the construction of this
project .
X1Fee Title — land on which a permanent improvement is to be placed and maintained .
® Perpetual Easement — maybe used when permanent improvement is to be constructed
and maintained on a parcel for which acquisition of fee title is impractical .
Temporary Easement — used when it is necessary to temporarily occupy a parcel . No
improvement which is a permanent part of the transportation facility or which requires
maintenance beyond the term of the easement will be constructed on the temporary
easement .
The right of way maps/sketches have been compared to the construction plans and the right of
way , as shown , and will accommodate the planned construction . The construction activities will
be performed in the existing right of way . The contractor will not be required to temporarily enter
upon property not owned by NAME OF LOCAL GOVERNMENT for the purpose of restoration and
harmonization . I � - � Ri Ivy C OCAA)7rq
SI ATURE DATE
�-a J ( or
NAME ( Printed )
Title :
CS 0 (4,
,
Agency :