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HomeMy WebLinkAbout2008-381 Florida Department of Transportation CHARLIE CRIST 3400 West Commercial Boulevard STEPHANIE C. KOPELOUSOS GOVERNOR Fort Lauderdale , FL 33309 - 3421 SECRETARY December 15 , 2008 LOW. 3 !) Mr. Christopher R. Mora, P . E . n Asst. Public Works Director Indian River County DEC 18 2008 Public Works Department ! 180127 Street Vero Beach, FL 32960 RE : Advance Reimbursement Locally Funded Agreement, APD-87 FM Number . 228628- 1 -A8-01 Description : Milling & Resurfacing, Reconstruction, and Construction Engineering Inspection (CEI) Services of SR40/0sceola Blvd. from West of I-95 to West of 82nd Avenue/CR-609 Dear Mr. Mora : Enclosed please find a copy of the executed Locally Funded Agreement for the above referenced project. Also included is a copy of Resolution No. R-2007425 in which the Advance Reimbursement Locally Funded Agreement was approved. Said documents are to be retained for your records . The Memorandum of Agreement will be returned to you, once it has been fully executed by the Department of Transportation ' s Comptroller and the Dept. of Financial Services, Division of Treasury. If you have any questions, please do not hesitate to contact me . I can be reached at (954) 777-2285 . Sincerely, eo A. Kennedy, Jr. ` Professional Services Unit District Four lk/s enc : LFA copy : Scott Peterson, Project Manager Mike DeRosa, Program Development Manager District Financial Services LFA Section File www . dot . state . fl . us Contract No. FM No: 228628-1A8-01 FEID No: VF-596-000-679 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ADVANCE REIMBURSEMENT LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement (hereinafter referred to as "AGREEMENT" ), entered into this day of 0 ?n& mt)e 200.b.1 by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT , and INDIAN RIVER COUNTY at 1801 27TH Street, Vero Beach , Florida 32960 , hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make certain improvements in connection with Financial Management (FM) Number 2286284A8=01 in (Fiscal Year 2011 /2012 - 201312014) for Milling and Resurfacing , Reconstruction , and Construction Engineering Inspection (CEI) Services of SR-60/Osceola Blvd . from West of 1-95 to West of 82nd Avenue/CR-609 in Indian River County, Florida. Refer to Exhibit "A" of this Agreement for a detailed Scope of Services ; and , WHEREAS , for purposes of this Agreement, improvements to be made as stated above are hereinafter referred to as the "PROJECT'; and , WHEREAS , in order to expedite the PROJECT in advance of the DEPARTMENT' S schedule , the PARTICIPANT is prepared to advance the funding of the PROJECT in Fiscal Year 2008/2009 forthe Milling and Resurfacing , Reconstruction, and CEI services pursuant to Section 339. 12 Florida Statutes; and , WHEREAS , the DEPARTMENT is prepared to commit funds for the reimbursement of such conditions , subject to the appropriation of funds by the Legislature ; and , WHEREAS , said PROJECT is on the State Highway System , is not revenue producing and is contained in the DEPARTMENT'S Adopted Work Program ; and , WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical , expeditious , and economical for the DEPARTMENT to perform such activities ; and , WHEREAS, the PARTICIPANT by Resolution No . 2007-025 adopted on March 13 , 2007 , a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT . NOW, THEREFORE, in consideration of the mutual benefits to be derived from this Agreement for the PROJECT , the parties agree to the following : 1 . The recitals set forth above are true and correct and are deemed incorporated herein . 2 . The DEPARTMENT shall be responsible for assuring that the PROJECT complies with all applicable Federal , State and Local laws , rules , regulations , guidelines and standards . 3 . The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the PROJECT. The DEPARTMENT will make reasonable efforts to obtain the PARTICIPANT input in its decisions . 4 . The construction of the PROJECT is estimated to be completed in December 2012 . The PARTICIPANT'S advanced funding for this PROJECT is in the amount of FOURTEEN MILLION FOUR HUNDRED TWENTY NINE THOUSAND SEVEN HUNDRED FIFTY FOUR DOLLARS ($ 14,429,754.40) . The DEPARTMENT agrees to reimburse the PARTICIPANT for their participation in accordance with Section 339. 12(4)(c), Flodde Statutes. The PARTICIPANT acknowledges and agrees that it will not invoice the DEPARTMENT for any portion of the FOURTEEN MILLION FOUR HUNDRED TWENTY NINE THOUSAND SEVEN HUNDRED FIFTY FOUR DOLLARS ($ 14,429, 754.00) prior to July 1 , 2011 , the fiscal year the PROJECT is scheduled in the DEPARTMENT' S work program . The PARTICIPANT must submit an invoice for reimbursement, to be made in ten ( 10) equal quarterly payments, after July 1 , of each Fiscal Year pursuant to the reimbursement schedule set forth at Exhibit "B" attached hereto and made a part hereof. After a receipt of a properly documented invoice , the payments will be made to the PARTICIPANT, within the quarter and Fiscal Year the funds are made available in the DEPARTMENT' S work program . This expenditure of funds by the DEPARTMENT is subject to and conditioned upon annual legislative budget approval , in each respective fiscal year. The PARTICIPANT agrees that it will , within thirty (30) days of execution of this Agreement , furnish the DEPARTMENT with a check in the amount of FOURTEEN MILLION FOUR HUNDRED TWENTY NINE THOUSAND SEVEN HUNDRED FIFTY FOUR DOLLARS ($ 14,429, 754. 00) towards the PROJECT Costs . Remittance shall be made payable to the Department of Financial Services, Revenue Processing . Payment shall be clearly marked to indicate that it is to be applied to FM Project No . 228628-1 ,52-01 , 22862841 -01 , 228628442-01 . The DEPARTMENT shall utilize this deposit for payment of the cost of Projects No . 228628-1 -52-01 , 228628-1461 -01 , 228628-1 -62- 01 . Payment shall be mailed to : Florida Department of Transportation Professional Services Unite, 3400 W. Commercial Boulevard Fort -Lauderdale ; Florida--33309-3421 - - Attention : Leos A. Kennedy, Jr. Breakdown of Funding Construction Support Construction ( In-House CEI ) CE] Services FM# 228628=1 -52-01 FM# 228628-1 -61 =01 FM# 228628=1 -62-01 $ 12,737 , 172 . 00 $352,653. 00 $ 1 , 339, 929 .00 Total estimated Project Cost = $14,429,754. 00 A. If the accepted bid amount plus allowances is in excess of the advance deposit amount , the PARTICIPANT will provide an additional deposit within fourteen ( 14) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid , whichever is earlier, so that the total deposit is equal to the bid amount plus allowances . The DEPARTMENT will notify the PARTICIPANT as soon as it becomes apparent the accepted bid amount plus allowances are in excess of the advance deposit amount . However, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation on final accounting as provided herein below. If the PARTICIPANT cannot provide the additional deposit within fourteen ( 14) days , a letter must be submitted to and approved by the DEPARTMENT' S project manager indicating when the deposit will be made. The PARTICIPANT understands the request and approval of the additional time could delay the PROJECT, and additional costs may be incurred due to delay of the PROJECT . 8 . If the accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances if such refund is requested by the PARTICIPANT in writing . C . Should PROJECT modifications or changes to bid items occur that increase or exceed the amount authorized in this paragraph 4, the PARTICIPANT will be notified by the DEPARTMENT. The PARTICIPANT agrees to provide , without delay, additional funding needed to complete the PROJECT by means of an Amendment, to be signed by both parties before work is undertaken . The DEPARTMENT acknowledges and agrees that any additional funding provided by the PARTICIPANT shall be reimbursed in addition to the amount authorized in paragraph 4, during the scheduled reimbursement. The DEPARTMENT shall notify the PARTICIPANT as soon as it becomes apparent the actual costs will overrun the award amount. However, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full - participation during the PROJECT and on final accounting as provided herein below. Funds due from the PARTICIPANT during the PROJECT not paid within forty (40) days calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55 . 03, Florida Statutes. D. The DEPARTMENT intends to have the final and complete accounting of all costs incurred in connection with the work performed hereunder within three- hundred and sixty (360) calendar days of final payment to the Contractor. The DEPARTMENT considers the PROJECT complete when the final payment has been made to the Contractor, not when the construction work is complete . All project cost records and accounts shall be subject to audit by a representative of the PARTICIPANT for a period of three (3) years afterfinal close out of the PROJECT. The PARTICIPANTwill be notified of the final cost. The parties agree that in the event the final accounting of total PROJECT costs pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the PARTICIPANT. If the final accounting is not performed within three hundred and sixty (360) calendar days , the PARTICIPANT is not relieved from its obligation to pay. E. In the event said final accounting of total PROJECT costs is greater than the total deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The PARTICIPANT agrees to pay interest at a rate as established pursuant to Section 55 . 03 , F . S . , on any invoice not paid with the forty (40) calendar days until the invoice is paid . F . The payment of funds under this Locally Funded Agreement will be made directly to the Department of Financial Services , Division of Treasury for deposit and as provided in the attached Memorandum of Agreement ( MOA) between the PARTICIPANT, DEPARTMENT, and the State of Florida , Department of Financial Services , Division of Treasury, a copy of which is attached hereto as Exhibit 'E' . The MOA is a benefit to both the DEPARTMENT and the PARTICIPANT. Interest earned will be applied to any additional costs of the PARTICIPANT. Any unused funds, including interest, will be provided to the PARTICIPANT after the final accounting of the PROJECT has been performed . 5 . The PARTICIPANT will comply with the Federal and State Audit provisions and the Single Audit Compliance Requirements set forth in Exhibit "C" and Exhibit "D", respectively which are attached hereto and made part of this Agreement. 6 . In the event it becomes necessary for either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs . 7 . This AGREEMENT and any interest herein shall not be assigned , transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the priorwritten consent of the DEPARTMENT. However, this AGREEMENT' shall- run- -#o the--DEPARTMENT and its - - successors . 8 . Except as otherwise set forth herein , this AGREEMENT shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the PROJECT is completed as evidenced by the written acceptance of the DEPARTMENT, or December 30, 2015 whichever occurs first. 9 . The PARTICIPANT warrants that it has not employed or obtained any company or person , other than bona fide employees of the PARTICIPANT, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation , individual or firm , other than a f bona fide employee employed by the PARTICIPANT . For breach or violation of this provision , , the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 10 . With respect to any of the PARTICIPANT' S agents , consultants , subconsultants , contractors , and/or sub-contractors , such party in any contract for this PROJECT shall agree to indemnify, defend , save and hold harmless the DEPARTMENT from all claims , demands , liabilities , and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence , omission or commission of such agents , consultants , subconsultants , contractors and/or subcontractors . The PARTICIPANT shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence . 11 . This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida . 12 . This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein , and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written . It is further agreed that no modification , amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith . 13 . Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail , return receipt requested . All notices delivered shall be sent to the following addresses : If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd . Fort Lauderdale , Florida 33309-3421 Attn : Leos A. Kennedy, Jr. With a copy to : Scott Peterson A second copy to : District General Counsel If to the PARTICIPANT: Indian River County 1801 27'x' Street Vero - Beach , Florida 3296U Attn : Christopher R. Mora, P. E. With a copy to : Joseph Baird County Administrator With a second copy to : County Attorney IN WITNESS WHEREOF , this Agreement is to be executed by the parties below for the purposes z specified herein . Authorization has been given to enter into and execute this Agreement by Resolution No . oq ©O 1 0626 , hereto attached . STATE OF FLORIDA INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION n of FL.G9i 4 BY : BY: o NAME :_ a ey S . Davis Chairman ROSI LYN IROZ TITLE : _ DI CTOR OF TRANSPOR T OF Ts ATTEST: APPROVED: (AS TO FORM) /Zia TJ . BY: COUN CLERK (SEAL) DIST T UNSEL for : J,K. BARTON CLERK CIRCUIT COURT APPROVED: APPROVED: BY : ; B/NAL COUNTY ATTORNEY PROFESRVI S ADMINIST TOR r EXHIBIT `A' Scope of Services The scope of SR-60 consists of milling and resurfacing from west of 1-95 to west of 90th Avenue and reconstruction from west of 90th Avenue to west of 82"d Avenue . The typical section for milling and resurfacing consist of a raised median with curb and gutter at the inside edge of pavements and flush shoulders at the outside edge . The proposed reconstruction typical section is from 4 to 6 lanes consisting of a raised 22' median with curb and gutter at the inside edge of pavements and curb and gutter with sidewalk at the outside edge of pavements . Designated and undesignated bike lanes will also be provided . The lighting , signing , pavement markings , and one ( 1 ) signalized intersection will be upgraded for the corridor. This project also includes the replacement of a portion of an open canal (R-3 Canal) located along the south side of the corridor with an underground pipe . Also included in the scope is providing Construction Engineering Inspection (CEI ) Services forthe Project. EXHIBIT B Reimbursement Schedule FDOT FISCAL YEAR AMOUNT 2011 /2012 ' . . . 1 . . . " . . 04 . $5 , 000 , 000 . 00 (Ten quarterly payments of $500 , 000. 00/payment beginning after July 1 , 2011 ) 20121201311 . 1 . . . . . . . . . . . $ 0 00 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plus (Ten quarterly payments of $500, 000. 00/payment beginning after July 1 , 2012) 2013/2014 . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4 429 . 754 . 00 Plus (Ten quarterly payments of $442 , 975 . 40/payment beginning after July 1 , 2013) TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . 429 . 754 . 00 NOTE : The first reimbursement payment will start in July 2011 and the last payment of the reimbursement will be paid by January 1 , 2016 . EXHIBIT " C" FEDERAL AND/OR STATE FUNDED CONTRACTS The administration of resources awarded by the Department to INDIAN RIVER COUNTY may be subject to audits and /or monitoring by the Department, as described in this section . MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A- 133 and Section 215 . 97 , F . S . , 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 INDIAN RIVER COUNTY regarding such audit . INDIAN RIVER COUNTY 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 Florida' s 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 . 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 1 , 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 (Le , a nonstate 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, 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 Department of Financial Services and the CFO; and Chapters 10 . 550 ( local governmental entities ) or 10. 650 (nonprofit and for-profit organizations) , Rules of the Auditor General. 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 nonstate entities . State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements . 2 . In connection with the audit requirements addressed in Part 11 , 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 . 3 . If the recipient expends less than S500, 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 an audit conducted in accordance with the provisions of Section 215 . 97, Florida Statutes , the cost of the audit must be paid from the nonstate 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 FDOT, 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 reporting packages for audits conducted in accordancewith OMB Circular A- 133 , as vised, and required by PART i of this agreement shall be submitted, when required by Section . 320 ( d ) , OMB re 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 addresses . Florida Department of Transportation , 3400 W. Commercial Blvd . Ft. Lauderdale , FL 33309 Karen Maxon , District Single Audit Liaison 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, should be submitted to the Federal Audit Clearinghouse ) , at the following address . Federal Audit Clearinghouse Bureau of the Census 1201 East I & 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 reporting package for an audit 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 tha rariniant ' c a1 #rliti.ri crrharli Ila of avnanrliti Frac of Fariarai awarric riirarthr to aarh of tha fnilnwinn• Florida Department of Transportation , 3400 W . Commercial Blvd . Ft. Lauderdale , FL 33309 Karen Maxon , District Single Audit Liaison In addition, pursuant to Section . 320 (f) , OMB Circular A- 133 , as revised, the recipient shat[ submit a copy of the reporting package described in Section . 320 (c ) , OMB Circular A- 133 , as revised, and any management letters issued by the auditor, to the Department at each of the following addresses : Florida Department of Transportation , 3400 W. Commercial Blvd . Ft. Lauderdale , FL 33309 Karen Maxon , District Single Audit Liaison 3 . Copies of financial reporting packages required by PART 11 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 addresses : Florida Department of Transportation , 3400 W. Commercial Blvd. Ft . Lauderdale , FL 33309 Karen Maxon , District Single Audit Liaison B . The Auditor General' s Office at the following address : Auditor General ' s Office Room 401 , Pepper Building 111 West Madison Street Tallahassee, Florida 32.399- 1450 4 . Copies of reports or the management letter required by PART III of this agreement shalt be submitted by or on behalf of the recipient directly to . A. The Department at each of the following addresses: Florida Department of Transportation , 3400 W. Commercial Blvd . Ft. Lauderdale , FL 33309 Karen Maxon , District Single Audit Liaison 5 . Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shalt be submitted timely in accordance with OMB Circular A- 133 , 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 or Chapters 10. 550 (local goyernmentat entities, or 10 . 650 - - - nonprofit and for-profit organizations ) , Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package . PART V : RECORD RETENTION 1 . The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee , CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee , CFO, or Auditor Genera[ upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department . EXHIBIT "D " SINGLE AUDIT COMPLIANCE REQUIREMENTS FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below . If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here : FEDERAL RESOURCES State Agency Catalog of Federdal Domestic Assistance (Number & Title) Amount DOT 20 . 205 Federal Highway Administration $ 149429,754 . 00 (Department of Transportation) Highway Planning and Construction AUTHORIZATION Safe, Accountable, Flexible, Efficient Transportation Equity Act : A Legacy for Users (SAFETEA-LU), Public Law 109-59 , 23 U. S . C . 101 et seq. , as amended. OBJECTIVES Federal- aid Highway Program: To assist State transportation agencies in the planning and development of an integrated, interconnected transportation system important to interstate commerce and travel by constructing and rehabilitating the National Highway System (NHS) , including the Eisenhower Interstate System (EIS) ; and for transportation improvements to most other public roads ; to provide aid for the repair of Federal-aid highways following disasters ; to foster safe highway design; to replace or rehabilitate deficient or obsolete bridges ; and to provide for other special purposes . This program also provides for the improvement of roads in Puerto Rico , Guam, the U. S . Virgin Islands , American Samoa, the Northern Mariana Islands, and the Alaska Highway. The Federal Lands Highway Program (FLHP) , as an adjunct to the Federal Aid Highway Program, provides assistance to the Federal Land Management Agencies for Federally owned roads . It provides transportation engineering services for - planning, -design, -construction; -and -rehabilitation7of the highways- and bridges -providing access- -to - - federally owned lands . The Federal Lands Highway organization also provides training, technology, deployment, engineering services , and products to other customers . ` TYPES OF ASSISTANCE Formula Grants ; Project Grants . USES AND USE RESTRICTIONS Federal-aid highway funds are generally apportioned by statutory formulas to the States . They are generally restricted to roads open to the public and not functionally classified as rural minor collectors or local . Exceptions to this highway functional classification restriction include : planning and research activities ; bridge, bicycle and pedestrian, and safety improvements that may be on any public road; transportation enhancement activities ; the recreational trails program (see program 20 . 219) ; safe routes to school, nonmotorized transportation, theFLHP , and public transportation improvement. The FLHP is not a grant program. For highway projects , funds may be used forenvironmental studies , engineering and design services , right- of-way acquisition and relocation assistance , and construction for capital improvement projects classified as new construction, reconstruction, restoration, rehabilitation, and resurfacing, or for functional , geometric , or safety reasons . Funds may also be used for planning; research, development , and technology transfer; intelligent transportation systems projects ; roadside beautification ; wetland and natural habitat mitigation, traffic management and control improvements ; improvements necessary to accommodate other transportation modes, development and establishment of transportation management systems ; billboard removal ; construction of bicycle facilities and pedestrian walkways ; fringe and corridor parking; car pool and van pool projects ; transportation enhancements such as scenic and historic highway improvements ; and recreational trails . Funds generally cannot be used for routine highway operational activities , such as police patrols, mowing, snow plowing, or maintenance , unless it is preventative maintenance . Also , funds authorized for the NHS , Surface Transportation Program ( STP), Congestion Mitigation and Air Quality (CMAQ) Improvement Program, Equity Bonus (BE) program, and some additional programs may be used for mass transportation improvements ; CMAQ funds are limited to projects and programs in air quality, non-attainment and maintenance areas for ozone , carbon monoxide , and small particulate matter that reduce transportation related emissions . Eligibility criteria for the programs differ, so program guidance should be consulted . Projects in urban areas of 50,000 or more population must be based on a transportation planning process carried out by a Metropolitan Planning Organization (MPO) in cooperation with the State and transit operators , and the projects must be included in metropolitan transportation plans and improvement programs . Projects in non-metropolitan areas of a State must be consistent with a statewide transportation plan . Projects in both metropolitan and non-metropolitan areas must also be included in a fiscally constrained Statewide Transportation Improvement Program ( STIP) developed as part of the required statewide transportation planning process . The FHWA and the Federal Transit Administration (FTA) must approve the STIP jointly. Applicant Eligibility By law, the Federal-aid highway program is a federally assisted State program that requires each State to have a suitably - equipped and-or gani zed- transportation department._ _Therefore,_ most projectsare _ administered by or through State transportation departments ( State DOTs) . Projects to be funded under the Federal-aid highway program are generally selected by State DOTS or 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 transportation department. Most FLHP projects are administered by the FHWA Office of Federal Lands Highway and its Divisions or by the various 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 Federal Highway Administration . 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 Federal Highway Administration jointly select projects . Beneficiary Eligibility State transportation departments , and in some instances, Federal agencies , other State agencies, local agencies , and private , community-based organizations . Credentials/Documentation Eligible activities and allowable costs will be determined in accordance with Title 23 and the OMB cost Principles applicable to the recipient/sub-recipient. Preapplication Coordination This program is eligible for coverage under E . O . 12372 , "Intergovernmental Review of Federal Programs . " An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. An environmental impact assessment is required for most projects under this program, although the level of review varies with the project. Projects under the FLHP have similar requirements ; however, an interested applicant would need to contact the designated FLMA or the local FLH Division for more information. Application Procedure In general , projects/programs proposed for funding must be .included in a fiscally constrained STIP, submitted by the State DOT, and approved jointly by the FHWA and the FTA. In addition, the State DOT may need to submit statements of work or plans , specifications, and estimates for certain proposed projects to the FHWA division office located in each State for approval . The FHWA has an agreement with each State that details the extent to which the State assumes the responsibilities of the FHWA for projects in that State . For projects on the Interstate System costing more than $ 1 million, FHWA oversight of design and construction is required. For projects that are on the National Highway System but not on the Interstate System, the State may assume the responsibilities of the FHWA for oversight of design and construction, unless the State or the FHWA determines that such assumption is not appropriate . For projects thatare_not on -the_NationalHighway__ System, _the- State - shall-assume-the _ responsibilities of the FHWA for oversight of design and construction, unless the State determines that such assumption is not appropriate . For the discretionary portion of public lands highways , State DOTs submit desired projects to the FHWA division office located in each State . The FLHP is essentially no longer administered as a discretionary program, due to the extensive earmarking. Following the appropriate project selection process , a TIP for the Park Roads and Parkways, Forest Highway and Refuge Road programs is developed by one of the Federal Lands Highway Division offices , and forwarded to the respective State for inclusion in the appropriate MPO TIP and STIP. For the Indian Reservation Roads program, a TIP is submitted to the FHWA Office of Federal Lands Highway for approval and then forwarded to the respective State for inclusion in the appropriate MPO TIP and STIP . Projects under the FLHP are subject to the metropolitan and statewide planning requirements . Award Procedure The State DOTs generally decide which projects will be developed within funding levels but the FHWA division office located in each State makes the final decision on the eligibility of specific projects . There are several categories where funding is allocated at the discretion of the Secretary of Transportation and administered by the FHWA . Candidate projects for discretionary allocations are usually solicited before the start of the Federal fiscal year (October 1 ) and must be submitted by the State DOTs . FHWA approval of a project and execution of a project agreement constitute a commitment to pay the Federal share of the project's allowable costs . Projects administered by the FHWA Office of FLH or the FLMAs are subject to procurement processes identified in the Federal Acquisition Regulations . Project awards are subject the availability of funds . Deadlines There are no deadlines for applications for projects using apportioned funds . For discretionary project allocations , applications are usually considered late in the fiscal year before the year for which the funds are available . Allocations to specific projects are generally made early in the fiscal year. Contact Federal agency for deadline date(s) . All allocations are made through the State DOT, which is advised of schedules for submission of candidates . Range of Approval/Disapproval Time From 1 day to 5 months . Formula and Matching Requirements Most Federal -aid highway funds are distributed by statutory formula. Eligibility requirements for most programs are also determined by legislative criteria . Some categories , including part of the bridge and Interstate Maintenance funds, are distributed on a discretionary basis . The normal maximum Federal share is 90 percent for the EIS projects , and 80 percent for most other projects . The Federal share for some programs may be increased in the case of States with large areas of Federal lands . Some projects, including territorial highway projects, FLHP projects , certain safety improvements, and emergency relief projects require no matching of Federal funds . Length and -Time Phasing of Assistance- Federal- aid highway funds generally become available at the beginning of the fiscal year for which they are authorized and must be obligated within 3 years after the close of that fiscal year. However, some categories of funds are available until expended. Reports Except for projects that a state has oversight responsibility for, the FHWA division office in each State monitors and reviews State projects and programs during highway project location, design and construction. After the project is completed State maintenance of the project is reviewed periodically. Certain non-construction activities , such as transportation planning, require periodic progress reports . Similar procedures apply to the FLMAs and FLHP projects with the FHWA Office of FLH providing the mandatory stewardship and oversight. A value engineering analysis or other cost-reduction analysis is required for each project on the Federal-aid system with an estimated total cost of $259000, 000 or more, a bridge project with an estimated total cost of $20, 000, 000 or more ; and any other project determined to be appropriate . Annual financial plans are required for projects with an estimated total cost of $ 100 ,000, 000 or more . In addition, a project management plan must be submitted for projects with an estimated total cost of $ 5003000, 000 or more . Audits In accordance with the provisions of OMB Circular No . A- 133 (Revised, June 27, 2003 ), Audits of States , Local Governments, and Nonprofit Organizations, nonfederal entities that expend financial assistance of $ 500 , 000 or more in Federal awards from all sources during their fiscal year must have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $ 500 , 000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A- 133 . Records Project records and documents must be retained by the State or other governmental recipients/ subrecipients as specified in 49 CFR Part 18 or by non-profit recipients/subrecipients as specified in 49 CFR Part 19 . For the Federal Lands Highway Program, the Federal Lands Highway Divisions maintain the project records . Account Identification 69- 8083 - 0- 7401 . Obligations (Grants) FY 06 $241244 , 734,429 ; FY 07 est 26 , 000, 000, 000; and FY 08 est not available . Range and Average of Financial Assistance From $ 110, 730 ,468 . 79 to $2 , 302 , 859 , 917 . Average $ 620, 666,497 . PROGRAM ACCOMPLISHMENTS The Federal-aid Highway 1.Program has made significant contributions to the safer operation of the nation's highways, to the better intermodal connectivity of roads to other forms of transportation, and to the improvement of pavement and bridge conditions throughout the country, while helping to safeguard environmental conditions . It has provided funding for a wide range of alternatives to traditional highway construction projects to better serve transportation needs . It has developed and advanced critical new technologies, such as Intelligent Transportation Systems , and shared them with the States . The FLHP works to create the best transportation system in balance with the values of the Federal and tribal lands . The mission of the program is to improve transportation access to and within Federal and tribal lands and provide technical services to the highway community . REGULATIONS , GUIDELINES , AND LITERATURE 23 CFR, "Highways " and 49 CFR, " Transportation. " http : //www . fhwa. gov, Regional or Local Office State- level division offices of the Federal Highway Administration (as listed in Appendix IV of the Catalog) or State transportation agencies . Exhibit " E " MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this , day of 200 , by and between the State of Florida , Department of Transportation , hereinafter referred to as " DEPARTMENT" , the State of Florida , Department of Financial Services, Division of Treasury, and INDIAN RIVER COUNTY hereinafter referred to as the " PARTICIPANT" . WITNESSETH WHEREAS, " DEPARTMENT" is currently constructing the following project : Financial Project Number : 228628 = 1 = 52 - 01, 228628 = 1 = 61 - 01, & 228628 = 1 - 62 -01 County : INDIAN RIVER hereinafter referred to as the " Project" . WHEREAS, the DEPARTMENT and the PARTICIPANT entered into a Locally Funded Agreement ( LFA) dated , wherein the DEPARTMENT agreed to perform certain work on behalf of the PARTICIPANT in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the DEPARTMENT and the PARTICIPANT to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the Participant by the DEPARTMENT. NOW THEREFORE, in consideration of the premises and the covenants contained herein , the parties agree to the following : 1 . The DEPARTMENT and the PARTICIPANT agree that the recitals set forth above are true and correct and deemed incorporated herein . 2 . An initial deposit in the amount of FOURTEEN MILLION FOUR HUNDRED TWENTY NINE THOUSAND SEVEN HUNDRED FIFTY FOUR DOLLARS 14,429, 754 . 00) will be made by the PARTICIPANT into an interest bearing escrow account established by the DEPARTMENT for the purposes of the Project . Said escrow account will be opened with the Department of Financial Services, Division of Treasury, and the Bureau of Collateral Management on behalf of the DEPARTMENT upon receipt of this Memorandum of Agreement . Such account will be an asset of the DEPARTMENT. 3 . Other deposits will be made only by the PARTICIPANT as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements . 4 4 . All deposits shall be made payable to the Department of Financial Services, Revenue Processing and mailed to the DEPARTMENT'S District Four Office , The District Four Office will then forward the check, along with required documentation to the DEPARTMENT'S Central Office for appropriate processing at the following address : Florida Department of Transportation Office of Comptroller General Accounting Office, LFA Section 605 Suwannee Street, Mail Station #42113 Tallahassee, Florida 32399 5 . The DEPARTMENT' S Comptroller or designee shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdrawals from said account . 6 . Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LFA . 7 . The Department of Financial Services agrees to provide written confirmation of receipt of funds to the DEPARTMENT. 8 . The Department of Financial Services further agrees to provide periodic reports to the DEPARTMENT . STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL SERVICES COMPTROLLER DIVISION OF TREASURY INDIAN RIVER COUNTY BY : PARTICIPANT SIGNATURE PARTICIPANT NAME & TITLE 180127 TH Street Vero Beach , FL 32960 PARTICIPANT ADDRESS F= 596 - 000 - 679 FEDERAL EMPLOYER I . D . NUMBER RESOLUTION N0. 2007- 02 - A RESOLUTION OF THE BOARD OF COUNTY CONMSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN TO EXECUTE JOINT PARTICIPATION AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ADVANCE CONSTRUCTION OF SEGMENTS OF STATE ROAD 60 AREAS, the anticipated transportation demands on State Road 60 from 66th Avenue to 82nd Avenue and from 82nd Avenue to I-95 the Se ue established in the Comprehensive Plan; and Segments) will exceed the level of service WHEREAS, if improvements are not made to the Se of service, applications for New Development would be denied theyand awould not the Level requirements of.the Concurrency Management System; and meet the WHEREAS, improvement to the Segments will eliminate existin create new capacity on the Segments ; and g deficiencies and WHEREAS, in order for the Segments to meet the requirements of th Management System, the improvements must appear e Concurrency Department of Tr PPear in the first three years of the Florida Transportation' s work plan; and WHEREAS, in order for the improvements to the Segments . to a years of the FDOT work plan, the County must supply Pl? Y 1 the funding to FDOTpear in: me t three �'�REAS, the County, by resolution, has determined to agree with the Florida Department of Transportation to enter into Advance Construction A advance construction of the Se Agreements providing for the cost of construction by the County; and provements conditioned upon the advancement of their WHEREAS, the Advance Construction Agreements will provide for reimbursement the County from available State and Federal Funds of the principal amount advanced but do not provide or allow for any reimbursement to the County for the Interest Component; and WHEREAS, the County and FDOT have agreed to enter into a Joint Participation Agreement for advancing construction of SR 60, whereby construction funding P $38 Million will be advanced by Indian River Cour g of approximately will be advanced by Indian River CountyCounty in 2007/08, and an additional $30 million in 2008/09; STATE OF FLORIDA E ' INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS 18 ATRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE . JEFFREY K. BARTON, CLERK By f !SC4_�n) .C. DATE , - Ct g ` '► RESOLUTION N0 . 2007- 025 11. The Chairman of the Board of County Commissioners is authorized to execute any documents necessary to complete the Advance Construction Agreement for the improvements to the Segments of State Road 60 . The forgoing Resolution was offered by Commissioner 01 Bry a n and seconded o. by Commissioner Wheel er and upon being put to a vote, the vote was as. - follows : Gary C . Wheeler, Chairman Aye Sandra L . Bowden, Vice Chairman Ave Wesley S . Davis, Commissioner _ Ave Joe Flescher, Commissioner _ Nay Peter D . O ' Bryan, Commissioner Ave The Chairman thereupon declared the resolution duly passed and adopted at a meeting held this 13th day of March, 2007 , BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Gary Wheeler, Chairman ATTEST : Jeffrey K. Barton, C erk APPROVED AS TO FORM AND LEGAL SUFFICIENCY AG. Collins H, County Attorney FAAttomey\BUNOrdinance AmendmentAState Road 60\BCC Resolution of Execution of Agreement.doc Kennedy, Leos From : The job F1989NDR Sent : Tuesday , December 09 , 2008 3 : 04 PM To : Kennedy , Leos Subject : FUNDS APPROVAL/REVIEWED FOR CONTRACT APD87 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL a ! Contract #APD87 Contract Type : AK Method of Procurement : G Vendor Name : INDIAN RIVER Vendor ID : VF596000679001 Beginning date of this Agmt : 12 / 12 / 08 Ending date of this Agmt : 12 / 30/ 15 Contract Total / Budgetary Ceiling : ct = $ 14 , 429 , 754 . 00 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Description : Milling & Resurfacing , Reconstruction , & CEI Services for SR - 60/ Osceola Blvd . from W . of I - 95 to West of 82nd Ave/ CR - 609 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ORG - CODE * EO * OBJECT *AMOUNT * FIN PROJECT * FCT * CFDA ( FISCAL YEAR ) * BUDGET ENTITY * CATEGORY/ CAT YEAR A „r AMENDMENT ID * SEQ . * USER ASSIGNED ID * ENC LINE ( 6S ) / STATUS Action . Funds have been : REVIEWED* 55 043010452 * OM * 790003 * 4429754 . 00 * 2286281A801 * 215 * 20 . 205 2014 55150200 088867 14 A001 * 02 * * / 04 * Funds Approval and encumbrance processing is contingent upon Annual Legislative appropriation . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Action : Funds have been : REVIEWED * 55 043010452 * OM * 790003 * 5000000 . 00 * 2286281A801 * 215 * 20 . 205 2013 55150200 088867 13 A001 * 01 * * / 04 * Funds Approval and encumbrance processing is contingent upon Annual Legislative appropriation : — - Action : Funds have been : REVIEWED * 55 043010452 * OM * 790003 * 5000000 . 00 * 2286281A801 * 215 * 20 . 205 2012 55150200 088867 12 A001 * 00 * * / 04 * Funds Approval and encumbrance processing is contingent upon Annual Legislative appropriation . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TOTAL AMOUNT : * $ 14 , 4293754 . 00 1 y FUNDS APPROVED / REVIEWED FOR ROBIN .M . NAITOVE , CPA , COMPTROLLER ` DATE : 12 / 09 / 2008 2 " E " Exhibit MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this I bTk , day of "76z5r 6EZ 200 Z - — by and between the State of Florida, Department of Transportation, hereinafter referred to as "DEPARTMENT", the State of Florida, Department of Financial Services, Division of Treasury, and INDIAN RIVER COUNTY hereinafter referred to as the "-PARTICIPANT" . WITNESSETH WHEREAS, "DEPARTMENT" is currently constructing the following project. Financial Project Number. 228628- 1-52-01, 228628- 1-61=01, & 2286284-62-01 :e' County: INDIAN RIVER ` hereinafter referred to as the " Project" . WHEREAS, the DEPARTMENT and the PARTICIPANT entered into a Locally Funded Agreement (LFA) dated bee e� Pr' 15 ? off-9-- • wherein the DEPARTMENT agreed to perform certain work on behalf of the PARTICIPANT in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the DEPARTMENT and the PARTICIPANT to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the Participant by the DEPARTMENT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following . 1 . The DEPARTMENT and the PARTICIPANT agree that the recitals set forth above are true and correct and deemed incorporated herein . 2 . An initial deposit in the amount of FOURTEEN MILLION FOUR HUNDRED TWENTY NINE THOUSAND SEVEN HUNDRED FIFTY FOUR DOLLARS ($ 14,429,754.00) will be made by the PARTICIPANT into an interest bearing escrow account established by the DEPARTMENT for the purposes of the Project. Said escrow account will be opened with the Department of Financial Services, Division of Treasury, and the Bureau of Collateral Management on behalf of the DEPARTMENT upon receipt of this Memorandum of Agreement. Such account will be an asset of the DEPARTMENT . 3 . Other deposits will be made only by the PARTICIPANT ,s necessary cover the cost of additional work prior to the execution of an Supplemental Agreements. 4. All deposits shall be made payable to the DepArtment of Financial Services, Revenue Promising and mailed to the DEPARTMENT'S District Four Office, The District Four Office will then forward the check, along with required documentatibn to the DEPARTMENT'S Central Office for appropriate processing at the following address : Florida Department of Transportation Office of Comptroller General Accounting Office, LFA Section 605 Suwannee Street, Mail Station #4213 Tallahassee, Florida 32399 5 . The DEPARTMENT'S Comptroller or designee shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdrawals from said account. 6 . Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LFA. 7 . The Department of Financial Services agrees to provide written confirmation of receipt of funds to the DEPARTMENT. 8 . The Department of Financial Services further agrees to provide periodic reports to the DEPARTMENT. STATE F FLORIDA STATE OF FLOFWA DEPARTMENT OF TRANSPORTATION DIVISION NT OFOF FINANCIAL SERVICES COMPTROLLER IND RIVER COUNTY BY : PARTICIPANT SIG ATURE Wesley S . Davis , Chairman PARTICIPANT NAME & TITLE 180127TH Street =sera Beach FL 32960 PARTICIPANT ADDRESS AppROVED AS TO FORM F- 596-000479 AN LE , LSU � C� E FEDERAL EMPLOYER I . D . NUMBER BY WILLIAM K. DEBRML DEPUTY COUNTY ATTORNEY Florida Department of Transportation CHARLIE CRIST PROFESSIONAL AND OTHER CONTRACTUAL SERVICES — DISTRICT IV STEPILANIE C. KOPELOUSOS GOVERNOR 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309-3421 SECRETARY Telephone: (954) 777-4603 • Fax (954) 7774602 July 16 , 2008 Mr . Christopher R . Mora , P . E . Asst , Public Works Director S��t >Fti i w Indian River County Public Works Department JUL 1 8 2008 1801 27th Street Vero Beach , FL 32960 • y j g Contract No . , AP -168 RE % Locally Funded Agreement, Amendment No . 1 FM Number, 228627 -1 -A8 -01 Description : Reconstruction and Widening of SR-60 from 82nd Avenue/CR-609 to 66thAvenue/CR-615 Dear Mr. Mora : Enclosed please find two original copies of the executed Locally Funded Agreement Amendment for the referenced project . Also included is a copy of the minutes of the July 1st , 2008 Commission Meeting , in which the LFA amendment was approved . These documents are for your records . Thank you for your assistance in this matter. If you have any questions , please call me . I can be reached at ( 954 ) 777-2285 Sincerely , mac.. - (tA . Kennedy, Jr. Professional Services District. Four Enclosure : LFA Amendment Copy: Betsy Jeffers- FDOT Project Manager LFA Section wwwAot.state.tl. us File Contract No. . AP-168 FM No : 228627-1 -A841 Vendor No : VF 596400479 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY ADVANCE REIMBURSEMENT LOCALLY FUNDED AGREEMENT AMENDMENT NUMBER ONE THIS AMENDMENT, made and entered into this 1 tom" day of 200 b , by and between the STATE OF FLORIDA DEPARTMENT OF TRANS1106RTATION, hereinafter called the DEPARTMENT, and INDIAN RIVER COUNTY, located at 1801 27Th STREET, VERO BEACH, FLORIDA 329606, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, on January 28, 2008, the parties entered into a Locally Funded Agreement, hereinafter referred to as the AGREEMENT, wherein the PARTICIPANT agreed to provide advance funding for certain improvements in connection with the Reconstruction and Widening of SR40 from 82°d Avenue/CR-609 to 66th Avenue/CR415 in Indian River County, Florida for FM# 228627- 1-A& 01 and hereinafter referred to as the PROJECT, and, WHEREAS, the parties desire to amend the AGREEMENT; and WHEREAS, the parties hereto mutually agree that this Amendment is in their best interest; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to further amend that certain Locally Funded Agreement dated January 28, 2008, as follows : L The recitals set forth above are true and correct and are deemed incorporated herein. 2 . The estimated cost for the PROJECT is hereby reduced by TEN MILLION EIGHT HUNDRED THIRTY SIX THOUSAND TWO HUNDRED THIRTY NINE DOLLARS ($ 10,836439.00), thus making the PARTICIPANT'S PROJECT share TWENTY THREE MILLION EIGHT HUNDRED THIRTY THREE THOUSAND THREE HUNDRED SIXTY TWO DOLLARS ($2398339362 .00) . 3 . Paragraph 4 of the Agreement shall be removed in its entirety and replaced as follows : The construction of the PROJECT is estimated to be completed in January, 2011 . The PARTICIPANT' S advanced funding for this PROJECT is in the amount of TWENTY THREE MILLION EIGHT HUNDRED THIRTY THREE THOUSAND THREE HUNDRED SIXTY TWO DOLLARS ($23,833,362.00) . Page 1 The PARTICIPANT will submit the advance funding for the Project in three payments . The PARTICIPANT has previously famished the DEPARTMENT with a check for the first payment which is 14 .5 % of the PROJECT estimate in the amount of THREE MILLION FOUR HUNDRED SIXTY SIX THOUSAND NINE HUNDRED SIXTY DOLLARS AND TEN CENTS ($39466,960. 10). The PARTICIPANT has furnished a second payment made to the DEPARTMENT, which is 58 .2 % of the PROJECT estimate, in the amount THIRTEEN MILLION EIGHT HUNDRED SIXTY SEVEN THOUSAND EIGHT HUNDRED FORTY DOLLARS AND FORTY CENTS ($ 1398679840.40). The third and final payment, which is 27.3 % of the PROJECT estimate, is in the amount of SIX MILLION FOUR HUNDRED NINETY EIGHT THOUSAND FIVE HUNDRD SIXTY ONE DOLLARS AND FIFTY CENTS ($694989561 .50) and is due seven days prior to the execution of the construction contract by the DEPARTMENT . Currently, the construction contract is scheduled to be executed on May 29, 2008 . The DEPARTMENT agrees to reimburse the PARTICIPANT for their participation in accordance with Section 339. I2(4)(c), Florida Statutes. The PARTICIPANT acknowledges and agrees that it will not invoice the DEPARTMENT for any portion of the TWENTY THREE MILLION EIGHT HUNDRED THIRTY THREE THOUSAND THREE HUNDRED SIXTY TWO DOLLARS ($23,8339362 . 00) prior to July 1 , 2009, the fiscal year the PROJECT is scheduled in the D y Department ' s Work program . After a receipt of a properly documented invoice, the payments will be made to the PARTICIPANT in eight (8) equal quarterly payments of TWO MILLION NINE HUNDRED SEVENTY NINE THOUSAND ONE HUNDRED SEVENTY DOLLARS AND TWENTY FIVE CENTS ($299799170.25), which equals TWENTY THREE MILLION EIGHT HUNDRED THIRTY THREE THOUSAND THREE HUNDRED SIXTY TWO DOLLARS ($2398339362 . 00) . Remittance shall be made payable to the Department of Financial Services, Revenue Processing. Payment shall be clearly marked to indicate that it is to be applied to FM Project No . 228627- 1 -32 -02 , 228627- 1 -52-01 , & 2286274 -62-01 . . The DEPARTMENT shall utilize this deposit for payment of the cost of Projects No . 2286274 -32-02, 28627- 1 -52-019 & 228627- 1 -62-016 Payment shall be mailed to : . . . . .. . . _ . .. . . . . . . . . . . . . . . . . .. Florida Department of Transportation Professional Services Unit- 3400 W. Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Attention : Leos A. Kennedy, Jr. Page 2 Breakdown of Funding Design Services Construction CEI Services FM# 2286274 -3242 FM# 228627- 1 -52-01 FM# 228627442-01 $2509000 .00 $2093469473 .00 $392369889 .00 Total estimated Project Cost = $23 , 833,362 .00 (A) The DEPARTMENT intends to have it final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days of final payment made to the Contractor . The DEPARTMENT considers the PROJECT complete when the final payment is made to the Contractor, not when the construction work is complete. All PROJECT cost records and accounts shall be subject to audit by a representative of the PARTICIPANT for a period of five (5 ) years after final close out of the PROJECT . The PARTICIPANT will be notified of the final cost. Both parties agree that in the event the final accounting of total PROJECT costs pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the PARTICPANT . If the final accounting is not performed within three hundred and sixty (360) days, the PARTICIPANT is not relieved from its obligation to pay. (B) In the event the final accounting of total PROJECT costs is greater than the total deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT . The PARTICIPANT agrees to pay interest at a rate as established pursuant to Section 55. 03, F. S. , on any invoice not paid within forty (40) calendar days until the invoice is paid . (C) The payment of funds under this Agreement will be made: Directly to the DEPARTMENT for deposit and as provided in the Memorandum of Agreement (MOA) between PARTICIPANT , DEPARTMENT, and the State of Florida, Department of Financial Services , Division of Treasury, a copy of which is attached hereto as Exhibit "B" . NOTE . The MOA is a benefit to both the DEPARTMENT and the PARTICIPANT . Interest earned will be used for any additional costs of PARTICIPANT responsibility. Any unused funds, including interest, will be provided to the PARTICIPANT after the final accounting of the PROJECT has been performed. (D) The DEPARTMENT ' S obligation to pay any sum pursuant to this Agreement is contingent upon an annual appropriation by the Florida Legislature. Page 3 All provisions, covenants, terms and conditions of the AGREEMENT between the parties theretofore entered into on January 28, 2008, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents . IN WITNESS WHEREOF, this AMENDMENT to be executed by the parties below for the purposes specified herein. Authorization has been give to enter into and execute this Amendment by Resolution No2008-090 on July 1 , 2008 , hereto attached . STATE OF FLORIDA INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION BY: �1 a BY: �P of NAME : Sairc a L . Bowden �� '9iQ RO IELY QUIROZ 9 TITLE: _ 0harrnan ECTOR OF TRANSPORTATION S R a OF TRAM ATTEST : p APPROVED : (AS TO FORM ) J. K. BARTON CLERK CIRCUIT COUR i BY: COUNTY CLERK ( SEAL ) DISTRI f NIi AL COUNSEL i, APPROVED : APPROVED : BY: � f : _ 1 BY: COUNTY ATTORNEYCo PROFESSIONAL SERVICES ADMINISTRATOR Page 4 RESOLUTION NO , 2008 = 090 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY , FLORIDA, AUTHORIZING THE EXECUTION OF DISTRICT FOUR LOCALLY FUNDED AGREEMENT , AMENDMENT NO . 1 FOR SR60 BETWEEN 82ND AVENUE AND 66T" AVENUE (MP 23 .923 TO MP 26 . 072) WHEREAS , the State of Florida Department of Transportation wishes to widen SR60 from 4- lanes to &lanes from just west of 82nd Avenue to 66"' Avenue ; and WHEREAS , they have determined that the original construction cost estimate of $ 34 , 669 , 601 was too high and should be lowered to $23 , 833 , 362 , a reduction of $ 10 , 8367239 (31 . 3 % ) ; NOW , THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Chairman is authorized to execute District Four Locally Funded Agreement, Amendment No . 1 , as described above . The resolution was moved for adoption by Commissioner Peter D . 0 ' Bryan and the motion was seconded by Commissioner Wesley S - Davis , and , upon being put to a vote , the vote was as follows : Chairman Sandra L . Bowden Aye Vice=Chairman Wesley S . Davis Aye Commissioner Joseph E . Flescher Aye Commissioner Peter D . O ' Bryan Aye Commissioner Gary C . Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 1st day of July , 2008 . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COU YFLORIDA By : San ra . Bowden , hairman ATT T : Jeffrey K . Barton , Clerk By:1 ox. eputy Clerk Approve s to orm gal sufficiency By M= K . 15eBraal Deputy County Attorney F:\Public Works\Luanne M\Resolutions\SR60 LFA Amend 1 res 06-20-08.doc