BOARD OF COUNTY COMMISSIONERS DATE: May 20,2008

1/ AGENDA ITEM NO.

Consent Agenda Regular Agenda L Public Hearing

Subiect:

Supplemental Agreement to the Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for the Belcher Road Advanced Traffic Management System (ATMS)/lntelligent Transportation System (ITS) Project PID No. 1626

Department:

Public Works

Staff Member Responsible:

Peter J. Yauch, P.E., Director

Recommended Action:

I RECOMMEND THE BOARD OF COUNTY COMMISSIONERS (BCC) APPROVE THE SUPPLEMENTAL AGREEMENT TO THE LAP AGREEMENT WITH THE FDOT FOR THE BELCHER ROAD ATMSIITS PROJECT, AND AUTHORITY BE GRANTED FOR THE CHAIRMAN TO SIGN AND THE CLERK TO ATTEST.

Summarv Ex~lanationlBacknround:

Pinellas County was awarded $8 million dollars for ATMSllTS improvements as part of the Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users. Project funding available after the Federal Government's percentage to cover administrative costs is $7,050,890. Of these remaining funds, the County will utilize $5,350,890 for the implementation of the ATMSIITS features along Belcher Road, from Druid Road to Klosterman Road. FDOT will utilize the remaining $1.7 million for implementation of ATMSIITS along State Road 60 (Gulf-to-Bay Boulevard), from Hillcrest Avenue to Island Way.

On June 5, 2007, Pinellas County executed a LAP Agreement with FDOT for the Belcher Road ATMSIITS Project specifying $349,000 for design activities. Since the execution of that agreement, a phased implementation strategy has been developed to facilitate the overall project. This strategy separates the project into three key phases:

Phase 1 - Installation of communication infrastructure, i.e., fiberoptics and conduit Phase 2 - ATMSllTS field equipment installation Phase 3 - Purchase of the ATMSIITS field equipment

The attached Supplemental Agreement to the original LAP Agreement is required to incorporate the different phases and funding of the project as outlined in the funding schedule. It also includes the necessary funding for Phase 1's construction. The construction documents for Phase 1 are currently under preparation, and Public Works anticipates submitting the plans, specifications, and estimate package to FDOT for construction authorization in late May. Construction advertisement is dependent upon that authorization and is scheduled for the late summerlearly fall of 2008.

Execution of the Supplemental Agreement is essential prior to advertising Phase 1 for construction.

Revised 07-1 8-03 par

Fiscal lmpacffCosffRevenue Summary:

Expenses incurred through the design and construction of this project will be fully reimbursed by FDOT.

Expenditure: $1,300,000.00 Estimated Project Cost (Phase 1)

$1,300,000.00 FDOT Funding -0- County Funding

$1,300,000.00 Total Estimated Project Funding

ExhibitslAttachments Attached:

Contract Review Transmittal Supplemental Agreement Executed LAP Agreement with FDOT dated June 21,2007

Revised 07-1 8-03 Page 2 of 2

- - -

CONTRACT REVIEW TRANSMITTAL SLIP

SUBJECT: Supplemental Agreement to LAP with FDOT for Belcher Rd ATMSIITS Project

AGREEMENT PREPARED BY: FDOT

DATE: Apr~l 18, 2008 PROJECT I PID NO. 1626

Please revlew the attached Agreement and forward to the next Rev~ew Author~ty In the sequence ~nd~cated below lndlcate any necessary changes by revlsing, IN RED, the appropr~ate sect~ons of the document to reflect the wording of the deslred change T~me IS of the essence Please make your revlew as complete and as fast as possible

Board Records: Return to Barbara Kuhl, 4th Floor, Public Works. All inquiries should be made to Barbara Kuhl, Ext. 43144.

Review Review Revrew Comments Comments Sequence Review Authority Date S~gnature (Attach ~f necessary) l ncorporated

Or~g~nator PWIContracts

1 Merry Celeste

PWIFinancial Serv'ces

2 Barbara Kuhl-$ 4 2q.l fi Rlsk Management

w 3 B WningerIL. Hunter

ClerWF~nance

D~rectorlPublic Works and Transportation

Pete Yauch

Legal

Barbara Oklesen

Legal

Barbara Oklesen Approved As to Form

OMB John Woodruff

5 2 M 1 0 3 2 PROJECT MANAGE ME N l OFF E E

m 7 P * ? 0 ( 3

SUPPLEMENTAL NO 1 DUNS NO 80-9397 102

1 STATE Of FLORIDA DEPARTMENT Of ?RANSPORlAIION

LOCAL AGENCY PROGRAM SUPPLEMENTAL

AGREEMENT

( FPN 420628 1 38158 01 I CONTRACT NO AOU 01

The De~arlment of Trans~ortation. District Seven and Plnellas County desires to supplement the original Agreement entered into and executed on June 21. 2007 as identified above. All provisions in the original Agreement and supplements, i f any. remain in eflecf except as expressly modified by this supplement.

The changes to the Agreement and supplements, if any. are described as follows:

PROJECT DESCRIPTION

Name Pinellas County Advanced Traffic Mana~emenf System Proiecf Length

Termini Belcher Road from Klosterrnan Road to Druid Road

Desuiption of Work:

This projed indudes the design and construct~on acilv~ties of the P~nellas County Advanced Trafic Management System, Phase 2. on Belcher Road from Klosterman Road to Druid Road The projed will encompass arlerial management strategies such as the approved Adaptive Control Signal software. Incident Management applications. and communication network.

Reason for Supplement:

To incorporate into the agreement the acf~vtt~es of the Communlcattons Construction phase and funding of the project as modified in the funding schedule below. The Communications Construct~on phase will ~ndude the installation of fiber optics within the project limits. Exhibits 1. A and E. attached hereto, are also rnodtfied and supersede the Erh~bits of the original agreement.

(Rernatnder of thts page ~nlentionalty leA blank)

575-01037 PROJECT MINAGEME N1 OFF ICE

Otv07 P a ~ e l d 3

FPN 420628 1 38/58 01 CONTRACT NO AOU 01

TYPE OF WORK By Fiscal Year

Planning 2007-2008 20082009 2009-2010

Total Planntng Cost

Projacl Development 6 Envlmnmenl (PCME)

2007-2008 20082009 2009-2010

Total PDIE Cost

Design 2006-2007 2007-2008 2008-2009

Total Desgn Cost

RlgM-of-Way 2007-2008 2008-2009 2009-2010

Total Rght-of-Way Cost

Construction 2007-2008 200&2009 2009-2010 2010-201 1

Total ConslfUdmn Cost

Constructton Enginowing and InspKtion (CEI)

2007-2008 200a2009 20092010 2010-201 1

Total CEl Cost

Tolal Construdmn I CEI Costs

TOTAL COST OF THE PROJECT

( 5 ) TOTAL STATE 8

FEDERAL FUNDS

SO 00

SO oO

5349.000 00

S349.000 00

$0.00

S 1.300.000.00

$ 1 . ~ . ~ . 0 0

$0.00

S1.300,OOO.00

$1 ,~,000.00 s

(1) PREVIOUS TOTAL PROJECT FUNDS

SO 00

SO 00

s 349.000 00

$349,000 00

SO 00

$0.00

10.00

$0.00

~S,oOO.00

14) TOTAL AGENCY

FUNDS

SO 00

SO 00

$0 00

5000

$000

$000

W.00

$0.00

(2) ADDITIONAL

PROJECT FUNDS

SO 00

SO 00

$0 00

$0.00

S1.300.000.00

$1,300,000.00

10.00

$1,300.000.00

$1,~,000.00

FUNDING

(3) CURRENT TOTAL PROJECT FUNDS

SO 00

SO 00

$349.000 00

$349,000 00

$000

S 1.300.000.00

f i.300.~c@.00

~ . 0 0

$1.300,O00.00

$1,649,000.00

5 2 5 4 1 0 3 2 PROJECT MANAGEMENT OFFICE

m 7 P w 3 d 3

FPN 420628 1 38158 01 CONTRACT NO AOU 01

IN WITNESS WHEREOF. the pariies have caused these presents to be executed the day and year first above written

AGENCY PINELLAS COUNTY. BOCC STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

BY BY. Name: Name: Scott W. Cdlisler. P.E., CPCM Title. Chairman Title: Director of Transportation Development

Atlest: Attest: Name: Name: Title: Title:

Date Date:

See ailached Encumbrance Form for date of funding approval by Comptroller.

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40

LOCAL AGENCY PROGRAM AGREEMENT ~ r o j e c t Management ~ f t i c r 08l06

Page I d l

FPN- 420628 1 38/58 01 EXHIBIT A

Project Description and Responsibilities

This exhlblt forms an Integral part of that certain Reimbursement Agreement between the State of Florlda, Department of I Transportation and Pinellas County, dated

1 PROJECT LOCATION:

1 The project is not on the Nat~onal Highway System. I The project IS not on the State Highway System.

I PROJECT DESCRIPTION:

Thts project Includes the design and construction activities of the Pinellas County Advanced TraKic Management System. Phase 2, on Belcher Road from Klosterman Road to Druid Road. The project will encompass arterial management strategies such as the approved Adaptive Control Signal software, Incident Management applications, and communication ne Work

I SPECIAL CONSIDERATION BY AGENCY:

The Agency will be issued Notice to Proceed for the design (PE) phase of the project after final execution of the agreement. For projects off the State Highway System, the Agency will submit design plans for review and approval at 60% and 100%. For projects on the State Highway System, the Agency will submit des~gn plans for all project phases.

The Agency will not begin construction until the Department has issued a Notice to Proceed Construction related I

activities, including project advertisement, conducted prior to Notice to Proceed will not be reimbursed and may render the 1 entire project ineligible for federal funding. In order to obtain Federal Authorization for this phase of the project, the Agency I will submit to the Department the project Bid Package to include Specifications, updated construction estimate, drafl

construction contract, completed Construction and Administrative checklists and the Agency's Certifmtion Clear Package. The Certifition Clear Package must include the following items completed and signed by the authorized Agency representative:

1. Type 1 and Programmatic Categorical Exclusion Checklist 2. Contamination Clearance Form 3. ROW Certification Form 4. Rail Clear Letter 5. Permits Clear Letter 6. Utilities ClearICoordinated Letter

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) Design to be completed on or before April 15,2008. b) Right-of-way to be certified prior to advertising for Construction. c) Bid package including Final plans, Specifications, updated construction estimate, drafl construction contract,

completed Construction and Administrative checklists and the Agency's Certifmtion Clear Package will be submitted to the Department on or before April 15,2008.

d) Construction to be authorized by FHWA and N o t i to Proceed issued by June 30,2008 e) Construction to be completed on or before December 31,201 1.

The Agency shall provide a project schedule to the Department which identifies major tasks, submittal and a completion date of the design activities of this project by May 31, 2007. If during project implementation it is determined that the project schedule cannot be met the Agency will notify the Department in writing prior to December 31, 2007, accompanied by a revised project schedule. Failure to comply with these requirements may be cause for termination of this project agreement and withdrawal of Department funding.

The Agency will provide to the Department the following nineteen point project milestones schedule upon final execution of this agreement and quarterly thereafter:

1) LAP Agreement Execute Date

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01 0 4 0

LOCAL AGENCY PROGRAM AGREEMENT Project M a n r g ~ m e n t ~ ~ i c o 00106

Page 2 d 2

7) SunGuide ITS Checklist 13) Contamination Clearance

8) Phase Submittals 14) R/R Certification 2) NTP to Local Agency

9) Final Plans 15) fUW Certification 3) Detailed Scope of Work

4) Negotiated Design Fees

5) Design Start Date

6) FDOT Systems Engineering Management Plan

10) Utility Certification 16) Adveriisement Date

11) Permits Clear - to include 17) Bid Opening Date SWFWMD

18) Award Date 12) Environmental Clear

19) Construction Complete

The Agency will provide detailed progress billing invoices to the Department on a quarterly basis.

The Agency will complete and provide the Department with a Final Inspection and Acceptance form at the completion of the project in accordance with the Local Agency Program Manual for Federal Aid Projects (Department Procedure: 525- 010-300). This form must be completed and accepted by the Department prior to payment of the project Final Invoice.

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 shall be responsible for identification and remediation of any hazardous materials and contamination encountered while implementing the project.

The Agency will be responsible for justifying and documenting to the Department that the project, as designed, qualifes as a Type 1 or Programmatic CE project per FDOT's Project Development and Environment (PD8E) Manual. This documentation must be approved by the FDOT pnor to any construction related activity, including advertisement.

The Agency will coordinate with the Department's District Traffic Design Engineer for preparation and approval of the project scope, consultant selection and negotiated hours prior to awarding the contract.

The Agency may design this project using its in-house design staff. Upon completion of the project design, it may be necessary to complete the plans preparation and quality control phase by use of the Agency's County-wide Consultant Contract.

SPECIAL CONSIDERATION BY DEPARTMENT:

The Department will issue Notice to Proceed to the Agency for the design (PE) phase of this project upon execution of this agreement. The Agency may proceed with the Construction phase of the project once the Department has reviewed and approved final design plans, Specifications and Certification Clear Package and issued Notice to Proceed.

The Department will permit the Agency to submit invoices for approved design services performed by the Agency's in- house staff. The Department will reimburse the Agency for its in-house staff time attributed to the design of the project. The Department will also allow the use of the Agency's County-wide Consultant Contract for incidental services. Incidental services shall consist of completing the plans preparation phase and quality control of the County's design.

Upon receipt of an invoice. the DEPARTMENT will have sixty'(60) working days to review and approve the goods and services submitted for payment.

S l ATE Of FLORIDA DEPARTMENT OF TRANSPOR? ATION 57541040

LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE o m 7

PaQe 1 Of 1

DHIBIT "E"

SAFETEA-LUMPP

Paragraph 3.02 is replaced by the following:

3.02 Department Partkipatlon: The Department agrees to a maximum partc~pat~on, ~nclud~ng contlngencles, In the project In the amount of $1,649,000 00, as deta~led in Exhibit "B." and whlch may be Increased as detalled In paragraph 3 08 The Agency agrees to bear any costs In excess of the total cost of the project and any defic~ts lnvolved

The following paragraphs are added to Section 3.00 of the Agreement:

3.08 SAFETEA-LU Hlgh Priortty Projects (HPP): The Agency acknowledges and agrees that fund~ng lor th~s FHWA earmark prov~ded under the SAFETEA-LU Appropriations Act shall be reduced by the Department to account for federal resclssms, obl~gatlng authority I~mitations, and takedowns. Upon determination of the final amount allocated for the earmark. any remalnlng funding in excess of that which has been previously obligated with FHWA may be elig~ble for oblgation with FHWA If any additional tundlng is obligated with FHWA, the Department will issue a letter of authorizat~on approving the addit~onal federal funding. Furthermore, the Agency agrees to reimburse the Department-any funding that the Department provlded above and beyond what is actually provided by FHWA for the project.

3.09 ProJect Budget: A project budget shall be prepared by the Agency and approved by the Department The Agency shall maintain said budget, carry out the project, and incur obligations against and make disbursements of project tunds

1 only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective 1 unless it complies with fund participation requirements established in paragraph 3.08 of this Agreement. ~

STATE Of TLORIDA DEPARTMENT OF TRANSPORlAlION

LOCALAGENCYPROGRAMAGREEMENT 575-01040

PROJECl MANAGEMENT OFFICE 08)(16

PaQe 1 0 1 1

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 1: 20.205 Highway Planning and Construction

Amount: $1,649,000.00

Complirnce Requirement:

AllowaM. Acthrbs: 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 recipienvsub-recipient.

Ellglbillty: 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) Oftice 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 WtMlife Service (M) 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.

Complbneo Requirements Applkable to the Federal Resources Awarded Pursuant to Thk A g w n t Are AS Folkm: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.4212, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.

$ 1 ~ 1 1 O( t IOIIOA M P L R I Y N I OI 1RAWSPWlLlQN

LOCAL AGENCY PROGRAM AGREEMENT 5 7 5 0 9 O A O

PROA C 1 WNAGI W.*l OI I K t

o w ; Pip. '

FPN 420638 1 38 01 Fund HPP FLAIR Approp Federal No SF T 1 282 R Org Code 55073060743 FLAIR Obj F PN F und F LAIR Approp Federal NO Org Code FLAIR O ~ J F PN F und FLAIR Apptop F ederal No Ofg Code FLAIR Obj F PN F und FLAIR Approp Federal No 01g Code- FLAIR Obj County No Ptnelbs f 151 Contract No fl&u / I / Vendor No F 596000800 2 16 Data universal Number Syslem (DUNS) No: 80-939-7 102

Cablog of Federal Domes l~ Assistance (CF DA)- 20.205 Highway Plannrng and Conslruction

T HIS AGRE E MENT, made and enlered inlo lh~s 2 P d a y of &HE . - 2007 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of Ihe Slate of Florda. herematter called the Departmenl. and PlNELLAS COUNTY hereinaflef called the Agency

W I T N E S S E T H :

WHEREAS. the Agency has Ihe authority lo enter inlo lhis Agreemenl and lo undertake Ihe prqecl here~natler descrrbed. and the Department has been granted the aufhorily lo funclion adequately m all areas of appropriate j ~ r l ~ d ~ l l o n rncludtng

'the implemenlalion d an inlegraled and balanced Ifansportation syslem and is authorized under Seclmn 339 12. Florda Slatvtes, to enlw into this Agreement;

NOW, THEREFORE. in consideration of Ihe mulual cwenanls. ptorntses and reptesenlations herem. the parltes agree as fdlows:

1-00 Purpoam of Agmmnunt: The purpose of this Agreement IS lo provide for the Department's p a r l c w l m In &e d e s ~ n actividics of Ihe Pinebs Countv Advanced T r a f f ~ Manaaemenl Svslem P~o i tc l and as lwther described m Erhrbtl "A' anached herelo and by this reference made a par1 hereof. here~nafler called lhe 'prqecl,' and lo provtde Department financial assidence k the Agency and slak the lerrns and cond&ons upon w h i such assislance ml be pfovded and the understandings as lo the manner in w h i h the project win be undertaken and compkted

1.W Amchnwntr: Exhib#(s) 1. A. B and E are allached and made a part hereof.

2-Ol Gonenl Rmquh~nnb: The Agency shaW complete the project as described in Exhibii "A' wdh all practical diqpakh, in a sound, economical, and effcienl manner, and in accordance wilh the prwisions herein, and aH applicable lam. The project wUI be performed in accordance wilh a# applicable Department procedures. guidelines. manuals. standards. and directives as described in the Deparlmenl's Local A a e m Proarm Manual. whiih by lhis reference IS

made a pad hereof as if ful))c set forth herein. Time is of the essence as lo each and every oMgalion under this Agreemnl.

A MI lkne employee d the Agency, q u a h d lo ensure that the work being pursued is cornplele. accurate. and consislent with the lerrns, conditkns, and speciRcalions of this Agreemenl shall be in charge of each pojecl.

H Agency fak b timely perfom, ils obligations in submilling invokes and docwnenls necessary fa the close wl d the project and said Wum nsuhs h a loss d the nmaining unbilkd funding eilher by Federal wlhdrawal d hrnds oc loss of St* appropriatbn auIhorily (wMch may inc&de both fedefal funds and sbte funds. if any slak funds sre on the projecl). Agency will be respombk for the remaining vnMled funds on the project. No dhec funds will be provided by Ihe Dtperhenl. Agency wakes Ihe rlghf lo contest such removal of funds by Ik Department, if said removal is directly r a l d t d to Fedma) (FHWA) withdrawal of funds a loss of Stale appropriation authority due to Local Agency's failure or -. In addUon lo loss of funding. the Department will consider decertification of said Agency for future LAP prcr)ecb-

SlLlI OI I tO l )DL DlPCJIlMNl OI IRAYSPORlC1KJN

LOCAL AGENCY PROGRAM AGREEMENT

- If all lunds ale removed from the project. tncluding amounts prevtously bttled lo the Deparlmenl and reimbursed to the Agency, and the prqecl 1s OH the stale h~ghway syslem.-lhen lhe deparlment wtll have lo requesl repayment lor Ihe prevtousty blled amounls from the Local Agency No slate lunds can be used on 0tt-SyStem pr0je~lS

2.02 Eapiratlon of Agreemenl: T he Agency agrees to complete the p rwc t on or belore December 3 1. 201 1 I f Ihe Agency does not complete the projecl wrthm tha $me permd. Ihts Agreement wtll expre on the last day of Ihe scheduled completmn as provded m thts paragraph unless an erlensmn of the lmw pertod 1s requested by the Agency and granted tn wrtling by h e Oeparlment pcmr lo the e x p a l m of Ihts Agreement Erptratwn of thts Agreemenl will be consdered lermnat~on ot lhe project The cost ol any work performed atler the erptralmn dale of this Agreement wtll not be rewnbursed by the Deparlment

2.03 Pursuant to Federal, Slate, and Local Lam: In the event lhat any electron. referendum, approval, perm~l, n o l ~ e or dher proceeding or authortzatm IS requisile under appluable law lo enable the Agency lo enter into Ihs Agreemenl or lo undertake the prqecl hereunder or lo observe. assume or carry ovt any o l the provkmns ol Ihe Agreemenl, Ihe Agency will initiate and consummale. as provided by law, all aclions necessary with respecl to any such maners so requtsrte

2.04 Agency Funds: The Agency shall tniliate and prosecule lo complelion all proceedings necessary. including federal-aid requirements. lo enable Ihe Agency lo provide the necessary lunds for complelion of the project.

2.05 S u b m k s b n of Proceedings, Conlracts, and Other Documants: The Agency shall submit lo Ihe Department such data, reporls. records, contracts, end othec documenls relating to the project w the Department and the Federal Highway AdminisIralion (F W A ) may require

3-01 Tot81 Cost: The tolal cost of the project is S 349.000 00 This amount ts based upon the schedule o l lundtng in Exhibid 'B." The Agency agrees lo bear all expenses in excess ot Ihe tolal cost of the project and any d e r ~ i l s involved The schedule of funding may be m o d i f d by mutual agreement as provided lor in paragraph 4 00.

3-02 Dep8rtmenl Parlklpatlon: The Deparlrnenl agrees lo participate. including contingencies. in the project cost lo the exlenl provided in Exhibil "B.' This amount includes federal-aid funds which are limited to Ihe aclual amounl of federal- aid pertkipah.

3.03 L h H s on Depal tmnt Funds: Project cosls ehgibh? for Departmenl participation will be allowed only from the date of this Agreemenl. It is underslood that Oepartrnenl parlicipalion in eligible projecl cosls is subjecl to.

a) Legislalive approval of the Department's appropriation request in the work program year lhat the project is scheduled l o be cornmined;

b) Availability of funds as staled in paragraphs 3.04 and 3 05 of this Agreemenl;

c) Approval d all plans. specdiialions. conlracls or other obligating docwnenls and all olher lerms of lhis Agreement; and

d) OqWmPnl apprwalof Ihe projecl scope and budgel al the lime approprialkm authority becomes available

3.04 Approprlrlkn of F u d : The Deparlment's p e r h n c e and M i t i o n lo pay under lhii Agreement is conlingenl upon an annual approprialion by the Legislature. H the Department's Iwding for lhii project is in rnulliple fiscal years. funds apprW2d horn the kpi3IImenl's ComQIrdkr mu4 be received each fiscal year prior lo cosls being incwred. See ExMbW 'B' fa t u d i levels by f i s d year. Propct costs utii ing these fiscal year hwrds are no) eligibk for ftimbwsunenl if incvrred prior b funds apprwal being received. The m m e d will nolify the Agency. in writing, when funds are available.

3.05 UuWYe8r Comnhmnt: In the even1 this Ageemen) is in excess of $25.000 and has a k r m for a period of more Ihan one year. Ihe provisions of Seclion 339.13Y6Ha). Florida Slatules. are hereby incorporated.

-('(a) The deperlmenl. during any fiscal year. shall nd expend money, incur any bbilily, or enter into any conlracl which. by iIs lerms, involves Ihe expenditwe of money in excess of Ihe amounls bvdgeted as

S I C 1 1 01 ~100lCUOlPLRlU~N1 Cl 1RANSPOPlLlI~ 523-01C-4

LOCAL AGENCY PROGRAM AGREEMENT PPOJIC~ M A Y L G I U ( U ~ O ~ ~ K I LWI

P.P. 3

avarlable tor erpendtture durtng such hscal year Any contract. verbal or wrttten. made In ~10latl0n of th~s subsectton 1s nut and vord. and no money may be pad on such contract The department shal requtre a statement from the comptroller of the Department Rat funds are available prmr to enterrng tnl0 any such contract or other brndtng comrntlment of funds Nothrng herein contamed shalt prevenl Ihe making of contracts for pettods erceedtng 1 year. but any contract so made shall be erecutory only lor the value of the servtces lo be rendered or agreed to be pad fw tn succeeding frscal years. and tha paragraph shall be m o r p a l e d verbattm n all conlracts of lhe Department whtch are for an amount in ercess of f 25.000 and whtch haw a term lor a period of more than 1 year '

3.06 Notice-lo-Procetd: No cost may be incurred under this Agreement until the Agency has received a written Notice- teProceed trorn the Department

3.07 LimHs o n Federal Parlklpatlon: Federal-ad funds shall not partntpate m any cost whnh 1s not ncurred tn conlormrty wth appttcable Federal and Stale laws. the regulaltons tn 23 Code of Federal Regulattons (C F R ) and 49 C F R . and polntes and procedures prescnbed by the Dlvlston Admmatrator of FHWA Federal funds shall nol be paid on account of any cost rncurred prror to authornation by the FHWA to the Deparlrnenl lo proceed wilh the project or part thereof tnvohrmg such cost (23 C F R 1 9 (a)) I f F W A or Ihe Deparlmenl determtnes that any amount clamed 1s not elgrMe. federal partlclpalmn may be approved m the amount determtned to be adequately supported and the Department sham nottfy the Agency rn wrrltng crling the reasons why ttems and amounls are no1 elgiMe for federal participation Whew cmrectabk non-compliance with provisions of law or F HWA requirements exrsts. F edetal funds may be withheld unttl cornplrance 1s obtamed Where non-compbance 1s not correclable, FHWA or the Departmenl may deny parlicrpalion tn parcel or ptoject costs In part w m tolal

For any amwnls determined to be inel'gibk fa federal reimbursement fa which the Departmenl has advanced paymenl. the Agency shall promptly reimburse the Departmenl for all such amounts within 90 days of wdlen notice.

4.00 Projecl Estlnute and Dhbumennnl S c h d h : Prior to the ereculion of lhis Agreement. a project scheduk of funding shall be prepared by Ihe Agency and approved by the Deparlmenl. The Agency shall mainlain staid schedule of funding. carry out the projecl. and shal incur &gations agatnsl and make disbwsements of projecl funds only in conbmily mth the lalest approved schedule of tundii for the project. The schedule of funding may be revised by mutual witlen agreement befween the Department and the Agency. I f revised, a copy of the revision should be forwarded to the Department's ComplroRer and lo the Departmenl's Federal-aid Program Mi. No inuease or decrease shall be etlecliw unless i t complies wdh hmd partkipation requirements d this Agreement and is approved by the Depactmenl's Comptrokr

5.00 Records:

5.01 Eatablkhmenl and Walnlenanco o l Accounllng Records: Records 01 costs incwred under Ihe lerrm d this Agreernenl shall be mainlahed and made available upon request lo the Department al all limes during the period d this Agreemenl and for 5 years afler the fnd paymenl is made. Copies o l lhese documents and records shal be h h s h e d b Ihe Department upon request Records d costs incwred include the Agency's general accounting records and at Pro)ed records, together wilh supporting docwnenls and records of Ihe Agency and a l subconbaclors performing work on the project and aY olher records of the Agency and subconlraclors considered necessary by the Deparkntnt la a P O W audit of -1s If any HigaIion, daim or audil is slarled b e b e the expiration d the 5-year period, the records shall be r a i n e d untd all hligalmn, dawns or audtt f i i n g s invohtiog lhe records have been resolved.

5.02 C o r k kKurrod lor Pm)wl: The Agency shal charge lo the projecl account all eligible cosb d the ~ 0 j e C l eXCepI c w k agreed lo be borne by thc Agency a ils conlraclors and subcontractors. C a b in excess d the programmed funding or attributable lo aclions which have no! received the required approval ol the Deparlmenl shal nol be c o ~ i d c r e d eligibk cosls.

5.03 Docunnntatlon d Project C o e b : All costs charged lo the projecl. i n c h k g any approved services C O I M ~ ~ ~ K J by the Agency or dhers. shall be supporkd by popefly exemled payrolls, time records, invoices. Conb0ds of wuchefs evidencing in propel delatl lhe nature and propriety d the charges.

5-01 A d # Reporb: Recipients d federal and state funds are to have audils done using the fdkwhg aH@fia:

The administralion d resources awarded by the Deparlmenl to Ihe Agency may be subjecl lo audits andlor by

S l b l l 01 1 l ~ 0 1 WPbCllUl *I 01 1RLNsPoRlb1*)N

LOCAL AGENCY PROGRAM AGREEMENT

the Deparlmenl. as described In this section

MonHorlng: In addifion lo reviews of audits conducled In accordance with OMB Circular A- 133 and Section 2 15.97. Florida Statutes. as revised (see 'Audits' beknw). monitoring procedures may include, but not be limited to. on-site visits by Deparlment stall, limited scope audits as defined by OMB Circular A- 133. as revised. andlor other procedures. By entering into this Agreernenl. the recipient agrees to comply and cooperate fully with any monitoring procedureslprocesses deemed appropriate by the Department. In the event the Deparlmenl determines lhal a limited scope audit of the recipient is appropriate. the recipient agrees to comply with any additional instructions provided by the Department slan lo the Agency regarding such audil. The Agency further agrees to comply and Cooperate wifh any ;nspeclions. reviews. investigations or audits deemed necessary by the FOOT'S Office of Inspector General (OIG). and the Chief Financial Otfnet (CFO) or Auditor General.

Par1 I - Fdr raUy Funded: Recipients of lederal funds (I e . slate. bcal government or non-pfofd organizalions as defned in OM0 Circubr A- 133. as revised) are b have audits done annually us~ng the lobwing criteria:

1 In the event that Ihe recipient expends $500,000 or more in federal awards ~n its f ica l year. the rectpienl musl have a single a program-specifrc aud~t conducled m accordance wlth the provisions of OM0 Circular A-133, as revised. Exhibil '1' of lhis Agreement indicates federal resources awarded through the Departmen1 by this Agreement. In delemining lhe federakawards expended In ds k c a l year. the tcciptenl shall consider aH swrces of federal awards, induding federal resources rece~ved lrom the Department. The delerminalion of amounts of federal awards expended should be in accordance wilh the guidelines established by OM6 Circular A-133. as revised. An audil d lhe recipienl conducted by the Audltor General in accordance with the provisions OM6 C i r h A-133. as revised. wilt meet the requirements of lhis part

2 In conneclbn with the audii requirements addtessed in Part I. paragraph 1 the recipiienl shall funin Ihe requnemenb rebliw lo auditee responsibilities as provided in Subparl C of OMB Circubr A- 133. as revised.

3 If the reciplenl expends less than $500,000 in federal awards in its Iscal year. an audit conducted in accordance wilh the provisions of OM0 Cucular A-133. as revised, is nol required. However. if Ihe recipknl elects lo have an audn conducted in aa:ordance wilh Ihe provisions of OM6 Circular A-133, as revised. Ihe cosl of the audil musl be paid from m f e d e r a l resources (i.e.. Ihe cosl d such an audil musl be paid from recipient resources obtained from dher lhan lederd e n l i l i ) .

4 Federal awards are lo be identifed using the Catalog of Federal Domeslic Assislance (CFOA) title and number. award number and year. and name of the awarding federal agency.

Parl II - Strto Funded: Recipients of slale lunds (i.e.. a nowslate enlily as def ied by Section 215.97(2) (I), Fbrida Slalules) are lo haw audis done annually using lhe 1d)owig crileria:

1 In the event lhal the recipienl expends a blal amount 01 stale financial assislance equal lo of in excess of $500,000 h any fiscd year of such recipicnl. the recipient musl have a slak single of projecl-specific a d d for such fiscal year in actordance w#h Section 215.97, Fbrida Slalules. applicable rules d lhe Extadbe *e O! UK Governs and the CFO, #Id Chaplcn 10.550 (kcal gowrnrnenld enlilies) or 10.650 (nonprofil and b - p r d org8n&&km), R u b d Ihe Audilor General. Exhibil '1' k this Agreernenl 'dicales slale i i n c i d aSSkbnCe awarded through the hpsdmenl by thhr Agreemenl. In d t l t r m i n i the stale financial assislance ap.ndcd in its hsca) year, the redpknl sham codc&w all sources of stale ftnancial assistance. including slale f inand askbme receivtd hum Ihe Depatmenl, obher slate agencies. and other non-state enlilies. Slate finandal assistance does nd hdude ladaral direct or passthroogh awards and resornces received by a non-stale enlily tadetd program matching requirements.

2 In connection wilh Ihc audil raquiremcnlr addressed in Part II, paragraph 1. the recipiml shdl ensure Ih8l the audil complks with the requirements d Section 215.97(7), F W a Stalvtes. This includes submbskm d a fnancial repodng pack- as delincd by Section 215.97(2) (d). Fkwida Statutes. and Chapters 10.550 (bcal govemmentd en-) w t0.650 (nonprofit and kw-prdi organizations). Ruks of the Audiior General.

S l L l I On I IOI (L ) rJnPLPlUIN l O( 1RLNSP001LlVCU 5 Y M 1 0 1 0

LOCAL AGENCY PROGRAM AGREEMENT PPOJICI UANAG(U(N~ 011*:1 OMI

pip. 3

- 3 I t the recrpenl erpends less than S500.000 rn state frnancral assistance rn 11s l l s ~ a l year. an audrl conducted rn accordance wdh the provlslons ol Sectron 215 97, Florda Statules. IS not required However. r l the rec~pen! ekcls lo have aud~t conducted In accordance mth the provatons of Sectron 215 97, Florda Statutes. Ihe cost of the audrt must be pard from the non-state entrty's resources (I e . the cost of such an audtt must be pard from the recrpwnt's resources obtarned from other lhan State entdies)

4 State awards are to be dentrfted using the Catalog of State F~nanc~al Asststance (CSFA) trtte and number, award number and year. and name of the state agency awarding 11

Par( Ill - Other AudW Requirements: The recrpcnt shall lotlow up and take corredive aclion on aud~t frndrngs Prepatallon ol a Summary Schedule of Prior Year Audil Findrngs, includrng corrective aclion and current status ol the aud~t l~ndrngs IS requ~red Current year audl ftndtngs requne correctwe actlon and status ol lrndngs

Records related l o unresolved audrt frnd~ngs. appeals or Ittgatton shall be relamed unt~l the acllon 1s completed or the dtspute IS resolved Access lo proyct records and audtl work papers shall be grven to the Deparlmenl. the Department of Finanoat Servtces. and the Audrtor General 1h1s sectton does no1 limit the authority of the Department to conduct or arrange tor the conduct of addrttonal aud~ts or evalualmns of slate Irnancral asststance or hmil the aulhor~ty o l any other slate otftcral

Copies of financial reporllng packages for audits conducted in accordance with OM8 Crrcutar A- 133. as revaed. and required by Part I of lhis Agreement shall be submitted, when requrred by Seclion .320 Id). OMB Crrcutar A- ~

I 133. as revised. by oc on behall of the rectpienl directly to each of the following:

a) l h e Deparlmenl at each of the followuq address(es):

Florida Department of lransporlalion Lawrence Taylor. District Special ProjectstlAP Administralor 11201 Norlh McKinley Drive. Mail Station 7-500 Tampa. FL 33612

b) The Federal Audit Clearinghouse designated in OMB Circular A-133. as revised (the number of copies tegvired by Sections 3 2 0 (d)(l) and (2). OM8 Circular A- 133. as revised), at Ihe following address

Federal Audil Clearinghouse Bureau ol the Census 1201 East 1 0 ~ . ~ l r e e l

. Jetfersonvilk, IN 47 1 32

c) Other federal agencies and pass-through entities in accordance with Seclions 3 2 0 (e) and (1). OMB Circular A- 133, as revised.

2. In the even1 thal a copy of the bancia1 reporling package required by Parl I ol this Agreement and conducted In accordance wifh OMB Cicular A-133, as revised. is nd required b be submined to Ihe Department for reasons pursuanl lo Section -320 (eX2). OM8 Circular A 133, as revbed, the recipienl shall submif the rcquned writfen rotifition pnswwrt b Seclh 320 (e)(2) and a copy ol the recipient's audiied Schedule of Erpenditures 01 Federal Awards directly lo each 01 the Idlowing:

Florida Deparlmenl o l Ttansporlalion Lawrence Taylor, Dishicl Special ProjectslLAP Administrator 11201 North McKinley Drive, Mail SIalion 7-500 Tampa. FL 33612

In addim. pursuml b Section .320 (0, OM8 Circubr 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 Managemenl LeIIers issued by the audilor. to the Department at each of the lobwing addresses:

Sl~l t 01 t l O O , m D( Pr.II1uI w1 0 0 ~ R L N S P O O ~ A ~ ' O U

LOCAL AGENCY PROGRAM AGREEMENT

F br~da Departmenl ot Transportalmn Lamence Taylor. D ~ s l r ~ t Specs1 ProjecIslLAP Admintstratw 11201 North McKinley Drive. Mail Stallon 7-500 Tampa, FL 33612

3 Coples ot the linancial reporling package requ~red by Parl I1 ot thls Agreemenl shall be submitted by or on behalf of the reciptenl directly lo each of the followrng.

a) 1 he Department at each of the tolknving addressles).

F brrda Department of 7ransportatmn L awence Taylor, D~strict Spectal Plo~ecIslLAP Adm~ntstrator 11301 North McKinley Drive. Mall Statmn 7.500 Tampa. FL 33612

b) The Audilor General's Otrrce a1 the tdlowing address

Auditor General's Office Room 401, Pepper Building 11 1 West Madison Street Tabhassee, Florida 32399- 1450

4 Copies of reports or Ihe Management Letter required by Parl Ill ot this Agreemenl shan be submitted by or on k h a n of the recipient directly lo:

a) The Department at each d the toliowlng address(es).

Florida Department of Transportation Lawrence laylot. Distr ict Special PrqlectsIL AP Adminlstr atoc 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612

5 Any reports. Management Lelters, or dhet inlormalion required lo be submilted to the Department pursuant lo this Agreemenl shall be submined in a timt)y manner in accordance with OMB Circubr A-133. as revised. Florida Statutes. and Chapters 10.550 (local governmental entities) or 10 650 (nonproA and tor-prof11 organizations). Rules o l the Audilor General. as applicable.

6 Recipients, when submiling financial reporling packages lo the Department for audits done in accordance wilh OMB Circular A-133. as revised. or Chapters 10 550 ( l ad goverrunental entities) or 10.650 (nonproftl and for- p o l i organizalhs), Ruks of the Audiw General, should indicale the date that the financial reporting package was delivered lo the recipient in correspondence accompanying the financial reporting package.

Pad V - Record Rdentkn: The recipient shan relam suff&nt recads demonstrating hs compliance with k m t s d this Agreemenl lor a period of at leas15 years from the dale Ihe audit report is issued and shall alow the D e p l ~ e n f or b designee. the state CFO or Audilor General access to such records upon request The redQient shall ensure that the independent Mi documcnbtion is made available to lhe Department or its designee, the stale CFO or A d o f Chberd upon requesl for a period d at least 5 years from the dale the audil report is issued. unless extended in Miting by the Depadmenl.

5.05 Inrpeclkn: The Agency shall permil, and shall rewire its conlractws to p e r d , the Departmenl's authorized representatives and authorized agents d FHWA to imptcl ad wotk. workmanship. maleibk. payrolls, and records audd the books, records, and accounts pertaining b the financing and development of Ihe project

The Department reserves the right lo unilsleralty cancel this Agreement tor refusal by the Agency or any conlractor, sub- contracla or makriak vendor to allow puMi access to an documents. papers. ktlers or dher maltriel subject to the Provisions d Chapler 1 19, Fbrida Stalvfes, and made w received h conjunction with lhb Agreement (Section 267.05811) (c). Fbrida Slatules).

Slall (r t I O))Qr M P 1 S ) T u t m Cd ~ R N ~ S P O R I L I O U

LOCAL AGENCY PROGRAM AGREEMENT

5.06 Uniform Relocalion Asslshnce and Real Properly S b t b t k a l Reporl: For any projecl requtrlng addtttonal rtghl- of-way, the Agency must submlt to the Department an annual repod ol 11s real properly acqulsttlon and relocalton assstance actlvrttes on the projecl Activ~ltes shall be reported on a federal ttscal year basts. from Oclobet 1 lhtough Seplember 30 'The report musl be prepared ustng the formal prescr~bed tn 49 C F R Part 74. Appendtr 8. and be submllled lo the Department no later than Oclober 15 ol each year.

6.00 Requkblons and Paymrnls: Requests fa reimbursemen1 for lees a other cornpensalton for servtces or erpenses mcurred shall be submttted In detail suKuent for a pope! pre-audil and post-audit lhereof (Sectton 287 058(l)(a). F lorda Slalules)

All rectptenls 01 funds from thts Agreement, tncbdtng those conlracled by the Agency. must submd blls tor any travel expenses, when aulhor~zed by the terms ol lhts Aqeement, in accordance mlh Section 112 061, Flortda Statutes, and C hapter 3 - 7 I avel- 01 the Departmenl's Disbursement Operalions Manual. 7 opic 350-030-400 (Section 287 0584 l)(b). F brda Slatules)

I f , afier propct completton. any clatm 1s made by the Department resulting Irorn an ad11 or for work or sewtces performed pursuant to lhts Agreemenl. the Deparlmenl may onset such amounl horn paymenls due for work a servtces done under any agreement w h ~ h II has wth the Agency m n g such amounl il. upon demand. paymenl 01 the amounl a not made w thn 60 days lo the Department Otlsening any amount pursuanl lo lhis paragraph shall not be considered a breach ot conlracl by the Department

7.00 Deparlmrnl Oblbgalions: Subject lo other provisions hereof, the Department will honor requests lor retmbursemenl l o the Agency m amounts and at times deemed by the Deparlmenl lo be proper lo ensure Ihe carrying oul of the pfopct and payrnenl of the elgrMe cosls However. notwilhstanding any other provision of lbs Agreement. Ihe Department may elect by nolce r n wrttng no1 lo make a payrnenl i f

7.01 Mhrepresenlallon: The Agency shall have made misrepresentation of a material nature in ds application. or any supplemenl lhereto a amendmenl thereof or in or wilh respect lo any document o l dala furnished lherewilh or pursuant herelo.

7.02 LHlgalbn: 'There 1s then pending lrtigalion with respecl lo Ihe performance by the Agency of any of ils dulies or obl~gattons whch may je~pard l~e or adversely aHect the project. Ihe Agreemenl or payments to the project.

7-03 Approval by Deparlmenl: The Agency shall have taken any action pertaining to Ihe project which. under this Agreemenl. requires Ihe appoval of the Deparlment or has made related expendilute or incurred related oMgalions wilhout h a v q been advlsed by the Department thal same are approved;

7.04 Conf l lc l of lnlereslr : 7 here has been any violalion of the conflict d interest provisions conlained here in paragraph 12 Ofjot 1207

7.05 Default: 7 he Agency has been delermmed by the Depactmenl k be in defauA under any o l the provisions of the Agreemenl

7.08 Federal Parlklpalhn: The Departmen1 may suspend a lermlnak paymenl f a lhal portion of the projecl which the FHWA, or the De~ar t rwnl acling in K i e v 01 FMNA, may designale as ineligiMe f a federal-aid.

7.07 Dka))amd Coab: In delermining the amount d the payment. Ihe Departmtnl wil exc)ude dl projects COsls incurred by the Agency prm to the effective date o l this Agreement or the dale d authoriialion, costs incuned aner the exptralion of the Agreemenl, cosk which are not provided lor h the tales1 approved sdreduk d b d i i in Exhibit 'B' b r the projecl. cosls agreed to be borne by the Agency a its ambadom end subconbackrs fa no( mceling the project commcncemenl and fml tnvore lime lines, and d s althkrfabk lo goods a services received under a conlract or dhef arrangements whnh have n d been approved in writing by the Deparbnent.

7-01 Fbml lmokea: The Agency m w l submil Ihe tinal invoice an the project k the Deparlmerd within 120 days the compktun o l the pto~ect lnvotces submtned atier the 12O-day time period may not be paid.

slnll 0 1 11001Oa 01 PbPlnt w1 0 1 lr(LrSPOPla1~~ 5 7 M l b a

LOCAL AGENCY PROGRAM AGREEMENT PPOJt C 1 U m b G f n ul 01 1 IC I O M 7

p-8

8.01 Tonnlnatlon or Suspenslon GeneraNy: The Depanment may. by wttten notice to the Agency. suspend any or all ol 11s obligations under this Agreement until such Itme as the event or condtlton resuttlng In such Suspenslon has ceased 01 been corrected or the Department may tetmlnate th~s Agreement tn whole or In pan at any time the interest of the Departrnenl requires such termrnatton

II the Department determtnes that the perlormance ol the Agency 1s no1 satatactory. the Department shalt have the optton of (a) tmrnediilely termlnaltng thrs Agreement or (b) suspend~ng thts Agreement and notrtytng the Agency of the detnency wtfh a requtremenl thal the detuiency be corrected wlthrn a specdted ttme. otherwtse thls Agreement will be termmated at the end of such time Suspension of this Agreement w~lt not aflect the tfme per~od for ~0mplel10n 01 the projecl

II the Deparlmenl reqvires termination of tha Agreement lor reasons other than unsatbtactory performance of the Agency. the Department shaH ndtfy the Agency of such termtnat~on. wtth tnslruclions as to the etfeclrve date of termmation w speoty the stage of work at which th~s Agreement IS termtnated

t i tha Agreement is terminated before performance a completed. the Agency shall be paid for the work salrslactor~iy performed Payment n lo be on the basis of substanlrated costs

8.01 Actlon Submoqwnl to Nollce-of-Ternination or Susponslon: Upon rece~pl 01 any flnal t e r m l i o n or suspenston ndne under lhis paragraph. the Agency shall proceed promptly to carry out the acttons required therein whiich may mcbde any or all of the Idlowing: (a) necessary actmn to term~nate or suspend. as the case may be. project activilies and conlfacts and such dhef ection as may be ceqwed or desnaMe to keep to a mtnimum the costs upon the bssis of which the ftnancing is to be compuled; (b) furnish a statement ol the project activffes and contracts and other underlakings the cost ot which are othemise includable as project costs The terminatmn or suspension shalt be carried oul in contorrnity with the blest schedule, plan. and cosl as -wed by the DeparIrnent or upon the basis of terms and condilions rnposed by the Department upon the failure of the Agency to furn~sh the schedule. plan. and estimate within a reasonable twne The c b s i out d federal financial participalion m the projecl shalt not constitute a waiver ot any claim which the Department may othemlse have arising out of this Agreement

9.00 Contncb of Agency:

3.01 T h M Party Agnwnmts: Excepl as otherwise authorued in writing by the Department, the Agency shall not erecute any contract or oMlgele hseW in any manner requiring the disbursement of Deparlmenl funds. including consullant or construcl&n contracts or amendments Iherek. with any third party with respect lo Ihe projecl wilhoul the wfmen approval of the Deprtmenl. Failure lo oMah such approval shall be sutficient cause for nonpayrnenl by the Departmenl. The Departrnenl specifically reservts unto #sell the right b review the qualifications of any consullanl or conbaclu and b approve or d i pp rove Ihe employment o i the same.

8.02 Compll.nco wlth Conrubnk' Comp.tH)vo N.getl.tkn Act: It is understood and agreed by the parties herelo Ihat p a r l i c i p h by Ihe Department in a p r o m with the Agency, where said project involves a consulIan1 cadrad lor engineering, a r th lcdue or suwykrg sentkes, k contingenl on the Agency's comptying in full A h pwkions d Section 287 035, Florida Slalules. ConsuHanls' Compeli lk Ncgoliation Acl A1 the discretion d the Department, h e Agency will lnvotve the Departmen1 h the cxmubnl sekctkn process for a# projecls. In all cases, the Agency's anormy sheW cerlify l o the Deparbmml thal sekdion has been accomplished in compliance with the Consultants' Compelhive Negdklkn Act

10.00 h d v a n b g o d Burhew Ent.rprk. (DBE) Poky and OMlgatkn: I1 is the policy of the D e p a M DBEbs. as dcfntd in 49 C.F.R. Pari 26, as amended, sbaW have the oppodunity l b pa r t i c i t e in the perkxnrance d conbacls financed in who& or h pert with OtperOmgnt hhds under this Agrecmenl The DBE requiemcnls of apptic8bk kderal and slate laws and reguWons apply to thk Agwmmnl.

The Agency and I s conlradors a g r e e b cnsura that DBE's hew the opporlunity l o pafticipate in lhe pedor- 03 this Agreement. In his regmd, a) mlpltnts and contnclors shad lake all necessary end reasonaMa steps in accordsnch wilh applicsMe lcdtral end stak bnvs and r y ) u l a t i to enswe that the DBE's h a w the opporkmStr k compel@ fu and p ~ l l o r m conifads. The Agency and ifs con&sdors and subconkactors shall nd discriminale on the basis of ~~, C o b . national origin or sex in lhe awerd and perknnana d conlracts, entered pursuant to Ibis Agreemtnt

33.00 ConrpY.nco wlth Condltkrw, and Laws: The Agency shall comply and require ils contractors and SthcuMracloIs to comply with al l e m and condllhs d Ihb ~~ and e l M r a l , dale. and bcal laws and r e g u t e m m b k to this project ExecuHon d his Agreement c0lwtHutes a cerlilfcatbn that Ihc Agency is in c-e m. and win

S l L l f W l b O I ( D A M P M I U I0 OI I R L N S P ~ l A l ~ M

LOCAL AGENCY PROGRAM AGREEMENT

requtre rts contractors and subcontractors to comply wdh, all requirements imposed by appl~abte lederal, state. and local laws and regutattons. rnctudrng Ihe -Cert~l~atmn Regardrng Debarment. Suspension. Inetq~brlrty and Voluntary Erc tus~~n - lower lrer Covered lransactmns.' rn 49 C F R. Parl 29. when applrable.

12.00 Reslrktions, ProhlbHbm, Conlrols, and b b o r Provlslons:

12.01 Equal Employmnl Opporlunlty: In conneclmn mth the carrytng out 01 any project. the Agency shall not dacrmmale agatnst any employee or appkant for employmenl because of race. age. relgton. cola. sex, nattonal orgln. daabtlrty or marttat status The Agency WI# lake afftrrnalrve actmn lo ensure thal applicants are employed and that employees are treated durmg employment wdhout regard lo lhetr race. age, religmn, c o b . gender, nattonal otgln. daabtkly or mardal status Such acllon shall tncbde, bul nd be Imtled to, the follomng emmymen1 upgradmg, demolton or lransler. recrultmenl or recrutlmenl adverlatng, byoH or termnalm, rales of pay w olher l0lmS of compensatmn, and selectton lor tratntng. tnctudtng apprentceshtp The Agency shall rnserl the foregotng provtston modrlvd only lo show the parluular conlractual rebttonshtp m all 11s contracts tn connectnn mlh the development of operatton of the project, ercept conlracls lor the standard commercrat supplws or raw malerlals, and shall requtre all such contractors lo tnserl a swnttar provaton In all subconlracts. except subcontracts lor slandard wmmerclal supplies or raw materials When the project tnvohres rnslallatton. conslruclmn. demolrtmn, removal, slle improvement or similar work, the Agency shalt post, rn consp~uous places avarbble to employees and applicants for employment lor project w k , noltces lo be wovded by the Department selling forlh the povtsmns 01 the nondiscrimination clause

12.03 7Hle Vl - CbM Rbhte Act ollB64: The Agency w i l comply with all lhe requuemenls ~mposed by Trlte Vl d the Civil Righls Act of 1964. the regulatmns 01 the U.S. Deparlrnenl of Transportation issued thereunder. and the assurance by the Agency pursuanl thereto.

The Agency shall include provtstons rn all contracts with third parlies thal ensure cornpllance wrth Trtle VI of the Cwtl Rights M 01 1964. 49 C.F. R Pad 21. and relaled slatutes and regulations.

12.03 Amrkmns whh Dk8bl lHio Act of 1900 (ADA): The Agency will comply with all lhe requirements as imposed by the ADA. the regulations of the Federal government issued thereunder. and assurance by the Agency pursuanl thereto

32.04 Publlc Entity Crbw: A person w atrJiale who has been placed on the convicted vendor list lof)owtng a convwtm lor a public enlity uime may nol subrnd a Md on a contract k provide any goods or scmmes k a ~ M K enltty, may not submit 8 bid on a conbacl with a public ently lor the condructkm or repair d a pubtk building or public work, may not submiil bids on leases o( real property to a public enlily; may nol be awarded or p e W m work as a contraclor. suppber. subconbaclor or consullanl under a conlract wilh any public entity; and rney not transact business with any pvbllc entity tn excess d the threshold amounl provided in Setlion 287.017, Florida Stalules, for CATEGORY TWO for a period of 36 monlhs from the dale d being placed on the convicied vendor list.

1205 ~bcrk inat lon: In accordence wilh %don 287.134. Florida Slahrlcs, an entity or aH~bate who has been placed on the Dkcriminalory Vendor List. kepl by the Fbrida Department ol Management Services, may no1 submtl a b d on a contrad lo provide goods or services lo a pubk entity; may nd submi a bid on a conhacl wilh a pubk enlify for the concrhntkn or repair d a public building or pubic work; may no1 sutwnil bids on leases d real ptoperly to a p u k entfly, may nol be awarded or perlorm mwk as a ccmlraclor, supplier, subconlractor or consullanl under a contract mlh any puMc enffly; and may no) transacl business with any p u k entity.

12.08 SMsp.mh, Rwocatkn, h n h l d Qwlllk.tkn or Determlnatk, d Contractor Nan-RespomiMmy: An @mliQ U lJlRQlh who ha& had % CeniRcate d OuaknEatbn swpcnded, revoked. denied or have furlher been determined by the hpwtmml b be a non-responsible conbacbr may nd suknit a bid or perform work lor the construction w repan Of a public building or puMu mwk on a conlract with the Agency.

1- Pf0hWt.d lnkmh: Neilher the Agency nor any d b contradon or then subconCaclors shall enter mlo any Con&#cI, subconbad or arrangmwnl in connection wilh the project or any propcrty indudtd or planned l o be d u d e d in thc prow in whkh any membtr, officer or einprOree d Ihe Agency or the bc* during tenure or lor 2 years lhereatler has any interest. duecl a indirect. M any such presenl or former member. oftker oc employee invduntarily acquues or had acgulred prior lo the beginning d lenwe any such inlerast. and if such interest k imrnedialely disclosed lo the Agency. the b n c y . with prior approval ol the Dcperlmenl, may waive the prohibitbn contained in this paragfaph provided that any Such prcJen( member, M n t r or empkyee shal not parlkipak in any acHon by lhe Agcncy or the locality relating to such contract. subconbad or errangcmenl.

S 1 L l I W # l O l O A f f P L I l Y l N 1 O I I 4 L Y S P O R l A l I ) N 5 7 M I W O

LOCAL AGENCY PROGRAM AGREEMENT PPOJI C I .UUILGI MI ~ 1 0 1 # u 1 om:

P . g l rO

1 he Agency shall insert in all contracls entered into in connection with the pro~ect or any properly included or planned to be ~ncluded in any projecl. and shall require its contractors to insert in each 01 their subcontracts. Ihe following provision:

'No member. oK~e r or employee 01 the Agency or of the locality during his tenure or lor 2 years lhereafter shall have any intetesl. direct a indirect, in this contract or Ihe proceeds thereof."

The provtsions of this paragraph shall not be appluable to any agreement between the Agency and 11s Itscal deposttortes or to any agreement lor utility servxes the rates for whxh are fired or controlled by a governmental agency

1 2.08 Inlerest of k m h m ol, or Delegales to, Congress: No member or delegate to Ihe Congress of the Untted Stales shall be admdled to any share or parl of this Agreemenl oc any benefit artstng therefrom

13.00 Mkcellaneous Provklons:

13.01 E n v h o n m n b l Regulations: The Agency w~ l l be solely responstble fw compbance wtIh all Ute appluable envtronrnenlal regublms. lor any liaklity arls~ng lrom non-cornpbance with these regulatms, and w~l l retmburse the Department lor any loss incurred tn connectton therewtth The Agency WIW be responstble la securlng any appl~able permrts

13.02 DepaJlnwnl N d Obligated l o Third Partles: The Department shall no1 be oblgaled or ltable hereunder lo any individual or entity no1 a parly to this Agreemenl

13.03 When Wghts and Rernedks Not Walved: In no evenl shalt the making by the Department ol any payment to the Agency constitule or be conslrwd as a waiver by the Department of any breach of covenant or any delault which may then erisl on the parl a4 the Agency and the maktng of such payment by the Departmenl. while any such beach or defaul shatl exist. shall in no way impair or prejudice any right or remedy avalable to the Department wiIh respect to such breach -or defaul.

13-04 How Agreomonl h Affected by Provklons Belng Held InvrlM: I f any provision of th~s Agreement is held invalid, Ik remainder d lhis Agretment shdl no1 be atlected In such an mslancc. the remainder would then continue to conform to the terms and requiremenls d applicable law

13.06 Bonua or Commksion: By execution o l the Agreemenl, the Agency represents l h l il has no1 paid and. also agrees nol lo pay, any bonus or commission lor the pwpose ol oblaining an approval of ib application lor the financing hereunder.

d3.W Stale Law: Ndhng in the Agreement shall require the Agency lo observe or enlorce compliance wdh any provision or pedorm any acl or do any other t h i i in contravenlion d any a p p l i e state law I1 any ot the provisions o l the Agreement violate any applicable slate law. the Agency win a1 once ndity the Deparlment in wiling in order thal appropiale changes end modifmlions may be made by the Dcparlmenl and Ihe Agency lo the end lhat the Agency may proceed as soon as possible with Ihe pojecl.

13.W Pbnr .nd Sp.cUkrUonr: In the evenl that this Agreemenl invobes conslrucling and equipping of lacilitks on Ihe SWe Highway System. the Agency shall submii k the lkparbnent for epproval all appropride plans and specificalions a m h g Ihe pro)ed The Dqwtmenl will review aH p)9ns and speciClcal i and will issue lo the Agency a ~ i t l e n approval wilh any approved portkns ol the project and wmmenls or recommtndalions covering any remainder d the projuct deemed appr-e. A f l e~ rebdutiw, d these comments and r-ndalions to the Deparlrnenrs satisfaction, the DepWmed will 'gsue fo the Agency a wrllen approval with said remamder 01 lhe prqecl Fatlwe lo obtain this mitlen approval shad be sullicicnt cause d nonpaymenl by the Deparlmenl

13.08 RtghEol-W8y c8fi#lutkn: Upon compklion of ngh1-d-way actwilies on the prcjed, the Agency mwl cerlify Cmmpbme with a l applcabk federal and s b k requirements. C e r f i f i is required pioc lo advertisemenl kn or SOWWcm d Mds la constructbn ol the projecl, inckrding those projects for which no right-of-way is required

13-90 Ag.ncy C.rtllk.tkn: The Agency will certity in wr i l i r~ . prior lo projed closeoul. thal Ihe project was compkled in acumkmct with apQlkaMc plans snd sptcikations. is in place on the Agency's facility, adequate tiIk is in the Agency's nemt, end the projed L accepted by the Agency as suitabbe tor the inlended purpose

SILT1 01 f I O l D L M P A R I ~ N l 0 1 I R A N S P O ~ ? L I O N 5 7 5 0 3 0 4 0

LOCAL AGENCY PROGRAM AGREEMENT PmOJf C 1 U I I I l G l L.( Nl Ol I K t O M 1

P* 1%

13.11 Agreement Formal: All words used herein in the s~ngular form shalt extend to and ~nclude the plural All words used m the plural form shall extend to and tncbde the singular All words used In any gender shall erlend to and ~nciude all genders

13.12 ExeculJon of Agreement: 7hts Agreement may be srmuHaneovsJy executed In a mlnlmvm 01 tvvo counlerparls. each 01 w h ~ h so executed shall be deemed to be an original, and such counterparls together shall const~tute one In the same rnstr ument

13.13 Restrictions on Lobbying:

Federal: l h e Agency agrees that no lederally-apptopclated lunds have been patd. or wtl be pard by or on behall of the Agency, to any person lor tnfluenctng or attempting lo m l k n c e any otftcer or employee 01 any lederal agency. a Member of Congress. an otftcer or empbyee ot Congress or an employee of a Member of Congress tn connectton wrfh the awardtng ol any federal conbacl, Ihe rndtmg ol any federal granl, the making of any lederal loan, the entertng tnlo 01 any cooperatwe agreement. and the extension. contnuation. renewal, amendment or modrftcalion of any federal contract. granl. b a n or cooperaltve agreemenl

It any lunds other than federally-approprialed lunds have been paid by the Agency to any person tor lnnuencing or attempl~ng lo tnlluence an o f f ~ e r or employee of any ledeta! agency, a Member of Congress, an offtcel 01 empbyee o l Congress or an employee ot a Member ol Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL. "Disclosure Form to Reporl Lobbying." in accordance with ils tnstructions

The Agency shall requtre Ihat the language 01 thrs paragraph be rncluded in the award documents for all subawards at all ters (mctudtng subconlracls. subgrants. and contracts under granls. loans. and cooperatwe agreemenls) and that all subrectpients shall cenily and d~~c lose accordingly

Stale: No lunds received pursuant b thts contract may be expended lor lobbying the Legislature. the judicial branch or a state agency

13.14 M ~ l n l o ~ n c e : The Agency agrees lo mainlain any project not on Ihe Slate Highway System conslructed under lhis Agreernenl. W the Agency conslruls any improvement on Department rght-01-way, the Agency will 0 will not maintain the improvements made lor lheir uselvl life.

13.15 Vondon Rlghb: Vendors (in this document identifwd as the Agency) providing goods and services lo the Deparlmenl should be aware o l the lotknving time frames. Upon receipt, Ihe Deparlrnenl has 5 working days lo inspecl and approve the goods and services unless Ihe bid specifications, purchase order or conlract specdies othenrvise. The Deparlmenl has 20 days to deliver a reqwsl lor payment (voucher) lo Ihe Department of Financial Seryices. The 2 0 days are measured lrom the laller o l the date the invoice is received or Ihe goods or services are received. inspected. and approved

If a paymen1 is not avatlable mthin 40 days atler receipl d the invoice and the receipt. inspection. and approval d goods and services. a separate interest penalty in accordance with &lion 215.422(3)(b). Fbrida Slaluks. will be due and payable in a d d i l i b Ihe invoice amovnl to Ihe Agency. lnleresl penahies ol less than one $1 will nol be enlorced vnkss the Agency requesls paymenl Invoices which haw lo be relumtd k Ihe Agency because o l Agency p re~ara ion en@S will rcsvll in a delay in the payment The tnvoice paymenl r e q u i r m l s do not starf un l i a properly completed is provided l o Ihe Deparlmenl.

A Vendor Ombudsman has been established withim the Deparlmenl ot Financial Services. The duties o l thk individual include acling as an advocate la Agencies who may be experiencing ptotdems in oblaining l i m e paymenl(S) ltom the Oeparbnent The Vendor Ombudsman may be conlackd d 8504109724 or by caning the Slate Complrder's Hdh. 1- 800-848-3792

S l L i l 01 I I W Q L O(PLP1YI *1 OI lRA..SYOOlLlIOL UM*Oq

LOCAL AGENCY PROGRAM AGREEMENT PPOJI C 1 LILNLGI W W1 Or1 lCI 024;

P.0. * J

IN WITNESS WHEREOF. the parltes have caused these presents to be executed the day and year II~sI above wrilten

. BOCC ANSPORT ATION

BY

71tle Dtrector of Transporfat~on Development

Atle Atlest 7 ~tle

. . . . . . ,,

As lo form:

Oislrsl Attorney

I . . . . \ .....I ; .' - . . . _ . - .

" "r,.nn 1 - L ' .

. ... See attached Encumbrance Form for date of lundtng approval by Complroller

slrlt or r tonnu DI pr~11t.q m O( l ~ u r s ~ o a l r ~ x w ~301010

LOCAL AGENCY PROGRAM AGREEMENT PIOHCI ru * rG lWm W S U I OM

P.'" I d 1

EXHIBIT "1"

SINGLE AUDIT ACT

federal Resources Awarded to the Reclplenl Pursuant to This Agreement ConsIsl of the Following:

federal Agency: Federal Hghway Admtntstralmn

C F D A 1: 20 205 Hghway Planntng and Conslruclmn

Amount: $349.000 00

Complla ncc Requirermnl:

Allowable Act tv t iks: 70 be elgible, mosl projecls must be located on publiu roads that are not knclionally cbssifwd as local The major exceptions are the Highway Bridge Replacemenl and Rehabilitalion Program, which provides assistance fa b r a e s on and OH the federal-aid highways. highway salety aclivities. bicycle and pedeslrian projects, transportation enhancemenl aclivilies. Ihe recrealional trails program, and planning, research. developmenl. and lechnology transfer. Proposed projects meeting lhese and other planning, design. environmental, safely, elc., requirements can be approved on the basis d slate and local priorities within the limit of the funds apporlioned or allocaled lo each state.

A lbwabk Costs: Eligible acbvities and allowable costs will be determined tn accordance with Title 23 and Id le 49 C.F.R. and Ihe OMB cosl principles applicable to the recipienUsub-recipienl.

EH@bMhy: By law. Ihe federal-aid htghway program IS a lederally assaled slate program that requires each stale lo have a suitably equtpped and organized Itansportation department Therefore. mosl projecls are admmistered by or through Slate Departments of Transporlation (Slate DOTs) Prqecls to be funded under the tederal-aid highway program are generaw selected by stale DOTs or Metropolitan Plannlng Organizations (MPOs). in cooperalion with appropriale local o t r iab , as specired in 23 U.S.C and impkmentmg regvlalions Territorial hghway prc)jects are funded in Ihe same manner as dher federal-aid hghway projecls. with the lerrilorial Banspotlalion agency lunclioning in a manner similar to a stale DOT. Mosl Fkrida Land Hqhway Program (FLHP) projecls are adminiblered by the Federal Highway AdminisIralion (FMNA) m i c e of Federal Lands Highway and its Divisions or by Ihe various Florida Land Management Agencies (FLMAs). Under Ihe FLHP. projects in lhe Indian Reservation Road (IRR) Program are seleded by Tribal Governments and are apprcwed by the Bureau d Indian Atlabs (BIA) and the F W A . Due 16 recent legislalion, Tribal Governments meeling cerlah requirements may now administer various IRR projects on behalf of the BIA and FFMNA. The Fish and VWdlife Service (FWS) and the Nalional Park S e r v ~ e (NPS) select projecls in the Reluge Road and Park Roads and Parkways P~ograms. respectively. Foc the Fwest Highway Program. the Forest Service. the Stales and Ihe F M N A jointly selecl projecls. *

Compftrnco Roqulroment. App1k.M. lo the f tde ra l Resources Awarded Punuant to T h b A g m m n l Are As Folkm: The recipienl of Local Agency Program (LAP) lvnding musl comply with Ihe statulory requiremenls in Sections 112.061, 215.422, 339.12, and 339.135, Florida Slalules, and Title 23 and Tille 49, C.F.R.

51 A 1 E Or f L ORIOA M PAR1 ME N1 Of 7 RANSPORlA1 ION 575-01040

L O C A L A G E N C Y P R O G R A M A G R E E M E N T P t o J r c l M a n a ~ r r n r n ~ O r r i c e O l l O I

1) LAP Agreemenl Eaecule Dale

7) SunGude ITS Chechlist 13) Contamination Clearance

8) Phase Submiltals 14) RIR Certifcation

9) final Plans 15) RIW Certifcalion 3) Delatled Scope of Work

10) Uliltty Certilnalion 16) Advertisement Dale 4) Negotialed Desgn F ees

5) Design Slart Dale

6) F DOT Syslems Engineering Managemenl Plan

1 1) Permtts Clear - lo include 17) Bid Opentng Date SWFWMD

18) Award Date 12) E nv~ronmenlal Clear

19) Conslruction Complete

The Agency will provde delailed progress billing invo~es to Ihe Department on a quarterly basis.

The Agency mll complele and provide Ihe Department w lh a F nal Inspection and Acceplance lmm at the complelion of Ihe pojecl in accordance with the Local Agency Program Manual for Federal A d Projects (Deparfment Procedure- 525- 010300) This lorm must be compleled and accepled by Ihe Deparlmenl prior lo payment ol the project Final Invoice.

The audtl report(s) requtred In the Agreemenl shall tnclude a Schedule of Project Assistance that w l l reflect Ihe Departmenf's contract number, the Ftnanctal P t o ~ c t Number (FPN), the Federal Aulhorization Number (FAN). where appl'uable. Ihe amounl of Slak fundtng action (recetpl and dnbursemenl of lunds). any Federal cn local lunding action and the lunding action from any other source wrth respect to the propcl

The Agency shall be responstble la dent~fcatmn and remedtalton of any hazardous makriab and contamination encounlered while implementing the projecl

The Agency will be responstble kw justifying and documenlmg lo the Department lhal the project. as designed. qualifiis as a Type 1 or Programmalic CE prqect per FD0T's Projec~ Development and Environment (PDILE) Manual. This documentation must be apprwed by the FD0T prior to any construction relaled activily. including adverlisement.

The Agency win coordinate wilh Ihe Departmenl's Dnlrsl 1raKu Design Engineer for preparation and apptwal of the project scope. consuhanl selection and negoltated hows p rm lo awarding Ihe contract.

The Agency may design this projecl ustng 11s in-house design stan. Upon completion of the project desbn. 1 may be necessary l o complele Ihe plans preparalion and qualrly control phase by use of the Agency's County-wide ConsuRanl Conlract.

SPECIAL CONSIDERATION BY DE PARTME N l

The Deparlment will ksw Ndice to Proceed to Ihe Agency lor the design (PE) phase of lhis projecl upon e ~ e ~ ~ l b n of this agreemenl. The Agency may ptoceed wilh the Consltuclm phase o l the project once the Oepertment has and approved final design plans, Speckations and Cerltf~ation Ckar Package and issued Nolice l o Proceed.

The Otpartmtnl will petmil Ihe Agency's use ol Ihe 'lekcommunicalion lnfrastfucfure CaMng and C~nfEclhriSy P r e c l Services' (TIPS) contracl nurnbef 04-STORFP-014 managed by the Slate Technology Otftcc under Ihe Deparbnent d Management Services fa installation of the f h r condud

The Depmment w l permif the Agency lo submlf tnwtces lor approved design snvioes perfwned by the Agency's in- house Wfl. The Departmen1 win reimburse Ihe Agency for tts n-house stafl time a W h k d lo the dtsign of the ~rq/ect. The Deparhd will also aNow the use d the Agency's County-wde Consdanl Contract fof inddental serviCes- lnci*nlal services shal contist ol completing Ihe plans pfeparalm phase and qualily conlrd o l the Covnty's design.

Upon recelpl of an invoice, the DEPARTMENT will have stxty (60) worhing days l o review and approve the goods and services suknitted for paymenl.

S1C1f 01 1IOI)IOLDf PCRIUWl 01 lRLC)SPCH(lCl)O*

LOCAL AGENCY PROGRAM AGREEMENT

EXHIBIT "B"

SCHEDULE OF FUNDING

PROJECT DfSCRJPTK)N

AGE NC Y NAME 6 BILLING ADORE S S D~tcclo, of PUNK Wcuhs P m b s C w n f y 440 CWII Slteel Clearwatet. F L 33756

lr~mrnr Bcktur Road lrom K h k r m a n Road lo Druid Road

F P N 420628 1 38 01

The mWmtM8 hd yeor b g b S a, 3uly 1. For #& project. kndr me no0 projecled lo be avatlabk until afier the lsl 01 Ju)y 01 fecal yea The wJI noHly ths Agency. in wiling. when lwds are avsibbk.

TYPE OF WORK By Fhcal Year

Plandng 3006 7007 7007-7m 7ooa7009 101.1 P ~ W c a t

P~o)rct Dmvelopmml b EnvI#onmonl (PDIE) 10067007 7 0 0 7 - r n 200&3009 1d.r P O I E Cosl

h r b n 200&7007 7007-3006 30067009 1ol.l Ocripn COJI

RIeht4-W.) ?00&N)O7 m.m 70M2009 Total RipM-oCWsy Corl

Cmrsucl ion 7OOb.2007 7 0 0 7 - ~ 70061009 200Q2010 1 o ld Conrltudm Cost

Conmtruc8bn E n @ h e d q d hmpoctkn KO) ? o s N D ,

I 7007-mm 700&1009

1ot.l CEI Cost

i

0) $?ATE b

F E DE RAI F unDs

349.oo0

349.000

U49.000 a

11) 701Al

PROJ~ C? FUNDS

349.000

349.000

W9.000 l ~ C ~ k V C ) ~ n d c E I C a l r

TOTAL COST OF TM PRO.I€CT

r u m *

17) AGf Y C I I WDS

S l b l l (r B I W I O L D l P A O I u I N1 01 1 r U w S P O P 1 ~ 1 1 0 w

LOCAL AGENCY PROGRAM A G R E E M E N T

EXHIBIT " E "

Paragraph 3.02 is erpanded by the lolbwing.

3.02 DEPARTMENT Parllclpalkn: The DEPAR'IMENI agrees lo ma>rmum parlrcrpalron. lncludrng contrngencres, rn the project rn the amount of 5349.000 00, as detarled m Erhrbrt "8'. and as may be rncreased as detajkd tn paragraph 3 08 7he Agency agrees to bear any costs rn excess 01 the total cost of the project and any delrcrls rnvohred

7 he lollowing paragraphs are added lo Section 3.00 o l the Agreemenl

3.06 SAFETEA-LU High Prlorlty Pfojub (HPP): The Agency acknowledges and agrees thal lundrng lor thrs FHWA earmark provided under the SAFETEA-LU Approprratlons Act shall be reduced by Ihe Department to accounl lor federal rescasions. obligalmg authority limilations, and take downs Upon determrnatron of the tmal amounl allocaled lor the earmark, any temarning funding rn excess of that w h ~ h has been prevously oblgaled wrth FHWA may be eltgible for oblrgatmn w t h FHWA It any additmnal tundrng a oblgaled w ~ l h F HWA, the Deparlment will Issue a letter o l authorization approvrng the additional federal lundrng Furlhermore, Ihe Agency agrees to rermburse Ihe Deparlment any lundrng thal the Deparlment may have provided thal is above and beyond what IS actually provrded by FHWA lor the project

3.09 Project Budgel: A project budget shall be prepared by the Agency and approved by the Deparlment. The Agency shall marnlarn sard budgel. carry owl the project. and shall Incur oblgattons agarnsl and make dtsbursements o l project funds only In conformity with the latest approved budget lor the project No budget Increase or decrease shall be etlective unless it comples w l h lund paflicrpatmn requnemenls establrshed rn paragraph 3 08 of thrs Agreement