Res 04-16Return to: (enclose self-addressed stamped envelope)
Name:
Address:
RICK SCOTT
GOVERNOR
I IIII II III II III I III II III II III II 1111111111111111111111
C:FN 20160265227
OR BK 28462 PG 0912
RECORDED 07/27/2016 08:37:30
Palm Beach County, Florida
Sharon R. Bock,CLERH & COMPTROLLER
Pgs 0512 - 518; t7pgs)
FDOT
Florida Department of Transportation
Isaac Kovner, P.E.
City Engineer
City of Delray Beach
434 South Swinton Avenue,
Delray Beach, FL 33444
SUBJECT:
Dear Mr. Kovner:
3400 West Commercial Blvd.
Fort Lauderdale, FL 33309
May 17, 2016
SUPPLEMENTAL AGREEMENT NO. 1
FM No.:
431650-1-58168-01
County:
Palm Beach
Contract No.:
ARS -57
Description:
Ne 2ND Avenue
Agency:
City of Delray Beach
JIM BOXOLD
SECRETARY
Attached please find two (2) original copies of the executed Supplemental Agreement No. 1 for the
referenced project for your record.
Thank you for your assistance in this matter. Should you have any questions, please call me at (954) 777-
4691.
Cc: Financial Services
File
Sincerely,
Suns, i� ayu
Local Agency Program Coordinator
Florida Department of Transportation
District Four
525-010-32
PROGRAM MANAGEMENT
01/15
Page 1 of 3
SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN
1 LOCAL AGENCY PROGRAM 431650-1-58/68-01
DUNS NO. SUPPLEMENTAL CONTRACT NO.
80-939-7102 AGREEMENT ARS -57
The Florida Department of Transportation and City of Delray Beach desires to supplement the
original Agreement entered into and executed on March 24, 2015 as identified above. All provisions in the original
Agreement and supplements, if any, remain in effect except as expressly modified by this supplement.
The changes to the Agreement and supplements, if any, are described as follows:
PROJECT DESCRIPTION
Name NE 2nd Avenue Length 0.333 miles
Termini NF 4t' Street to George Bush Boulevard
Description of Work:
This project will consist of the construction of new bicycle lanes, decorative sidewalks, lighting and landscape improvements along the
NE 2nd Avenue from NE 4t' Street to George Bush Boulevard of the City of Delray Beach.
Reason for Supplement and supporting engineering and/or cost analysis:
This Supplemental Agreement adds federal funds for phase 58 in the amount of $100,000.00 and adds local funds for phase 58 in the
amount of $ 680,280.00 due to the awarded bid being higher than the Agency's cost estimate.
Exhibit B of the original agreement is replaced by Exhibit B attached hereto and made a part hereof.
525-010-32
PROGRAM MANAGEMENT
01115
ADJUSTED EXHIBIT B SCHEDULE OF FUNDING Page 2 of 3
SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN
1 LOCAL AGENCY PROGRAM
SUPPLEMENTAL 431650-1-58/68-01
DUNS NO. AGREEMENT CONTRACT NO -
80 -939-7102 ARS -57
TYPE OF WORK
B Fiscal Y
By Year
FUNDING
(1)
PREVIOUS TOTAL
PROJECT FUNDS
(2)
ADDITIONAL
PROJECT FUNDS
(3)
CURRENT TOTAL
PROJECT FUNDS
(4)
TOTAL AGENCY
FUNDS
(5)
TOTAL STATE &
FEDERAL FUNDS
Planning
FY:
FY:
FY:
FY:
FY:
FY:
Total Planning Cost
$0.00
$0.00
$0.00
$0.00
$0.00
Project Development &
Environment (PD&E)
FY:
FY:
FY:
FY:
FY:
FY:
Total PD&E Cast
$0.00
$0.00
$0.00
$0.00
$0.00
Design
FY:
FY:
FY:
FY:
FY:
FY:
Total Design Cost
$0.00
$0.D0
$D.00
$0.00
$0.00
Right -of -Way
FY:
FY:
FY:
FY:
FY:
FY:
Total Right -of -Way Cost
$0.00
$0.00
$0.00
$0.00
$0.00
Construction
FY: 2014-2015
FY: 2014-2015
FY: 2015-2016
FY: 2015-2016
FY:
FY:
Total Construction Cost
$534,232.00
$534,232.00
$534.232.00
$548,230.00
$548,230.00
$548,230.00
$100,000.00
$100,000.00
$100.000.00
$680,280.0D
$680,280.00
$680,280.00
$1,082,462.00
$780,280.00
$1,862,742.00
$1,228,510.00
$634,232.00
Construction Engineering and
Inspection (CEI)
FY: 2014-2015
FY: 2014-2015
FY:
FY:
FY:
FY:
Total CEI Cost
Total Construction & CEI Costs
$64.108.00
$64.108.00
$64.108.00
$63,000.00
$63,000.00
$63,000.00
$127,108.00
$0.00
$127,108.00
$63,000.00
§64,108.00
$1,209,570.00
$780.280.00
$1.989.850.00
$1.291.510.00
$698.340.00
TOTAL COST OF THE
PROJECT
$1,209,570.00
$780,280.00
$1,989,850.00
$1,291,510.00
$698,340.00
525-010-32
PROGRAM MANAGEMENT
01/15
Page 3 of 3
SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN
LOCAL AGENCY PROGRAM
1 SUPPLEMENTAL 431650-1-58/68-01
DUNS NO. AGREEMENT CONTRACT NO -
80 -939-7102 ARS -57
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY CITY OF DELRAY EACH
By:
Name: CP6 D-4 Gl i ckstei n
Title: ayor
Attest:_ {�
Nam�} (0hevelle Vbin
TrritlUe i� City Clerk
t
Date:
Legal Review:
City Attorney
See attached Encumbrance Form for date of funding approval
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By
Name: St L. We r, P.E.
Title: _D/irerc,orof /ansportation Development
Attest: ;77
Name:
Title:
Date:
by Comptroller: ` I J
CITY OFDELRAY BEACH
ksftg
AII-America City
1'1993
2001
DELRAY BEACH
CITY CLERK 100 N.W. 1st AVENUE • DELRAY BEACH, FLORIDA 33444 561/243-7000
CERTIFICATION
I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray
Beach, do hereby certify that the attached document is a true and correct
copy of Resolution No. 04-16, as the same was passed and adopted by the
Delray Beach City Commission in regular session on the 2nd day of February,
2016.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 13th day of April,
2016.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach, Florida
SERVICE - 1" ERFORMANCE - INTEGRITY - I?ESPONSIBLE - INNOVATIVE - TEAMWORK
RESOLUTION NO. 04-16
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AUTHORIZING THE LOCAL AGENCY PROGRAM SUPPLEMENTAL
AGREEMENT TO PROVIDE ADDITIONAL STATE FINANCIAL ASSISTANCE IN
THE AMOUNT OF $100,000:00 FOR THE NE 2Dd AVL NUE / SEACREST BOULEVARD
BEAUTIFICATION PROJECT'; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission is authorized to amend the Local Agency Program Agreement
through a supplemental agreement which provides increased State financial assistance in the amount of
$100,000.00 for the Department of Transportation's participation in the N.E_ 2nd Avenue / Seacrest Boulevatd
Beautification Project in the City Of Delray Beach. The City Manager and City Attorney are authorized to
make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City.
Section. 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed
to the extent of such conflict.
Section. 3. That this Resolution shall be in frill force and effective immediately upon
adoption.
PASSED AND ADOPTED in .regular session on this the 2'd. day of February, 2016.
MAYOR
ATTEST:
I �.
City Clerk
TO: PG404SC@dot.state.fl.us
SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT ARS57
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #ARS57 Contract Type: AK Method of Procurement: G
Vendor Name: DELRAY BEACH
Vendor ID: VF596000308007
Beginning date of this Agmt: 03/24/15
Ending date of this Agmt: 06/30/17
Contract Total/Budgetary Ceiling: ct = 698340.00
************************************************************************
Description:
NE 2nd Avenue from NE 4th Street to George Bush Blvd
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: SUPPLEMENTAL Funds have been: APPROVED
55 043010404 *AI *780000 * 100000.00 *43165015801 *215 *20.205
2016 *55150200 *088717/16
S001 *00 *1 *0003/04
------------------------------------------------------------------------
TOTAL AMOUNT: *$ 100,000.00 *
------------------------------------------------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 05/11/2016
RESOLUTION NO. 04-16
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AUTHORIZING THE LOCAL AGENCY PROGRAM SUPPLEMENTAL
AGREEMENT TO PROVIDE ADDITIONAL STATE FINANCIAL ASSISTANCE IN
THE AMOUNT OF $100,000.00 FOR THE NE 2"d AVENUE / SEACREST BOULEVARD
BEAUTIFICATION PROJECT"; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission, is authorized to amend the Local Agency Program Agreement
through a supplemental agreement which provides increased State financial assistance in the amount of
$100,000.00 for the Department of Transportation's participation in the N.E. 2"d Avenue / Seactest Boulevard
Beautification Project in the City Of Delray Beach. The City Manager and City Attorney are authorized to
make minor revisions to such Agreement as ase deemed necessary and proper for the best interests of the City.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed
to the extent of such conflict.
Section 3. That this Resolution shall be in full force and effective immediately upon
adoption.
PASSED AND ADOPTED in regular session on this the 2d day of February, 2016.
MAYOR
P_ n4 "I
City Clerk
525-010-32
PROGRAM MANAGEMENT
01/15
Pae 1 of 3
SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN
1 LOCAL AGENCY PROGRAM 431650-1-58/68-01
DUNS NO. SUPPLEMENTAL CONTRACT NO.
80-939-7102 AGREEMENT ARS -57
The Florida Department of Transportation and City of Delray Beach desires to supplement the
original Agreement entered into and executed on March 24, 2015 as identified above. All provisions in the original
Agreement and supplements, if any, remain in effect except as expressly modified by this supplement.
The changes to the Agreement and supplements, if any, are described as follows:
PROJECT DESCRIPTION
Name NE 2nd Avenue Length 0.333 miles
Termini NE 41h Street to George Bush Boulevard
Description of Work:
This project will consist of the construction of new bicycle lanes, decorative sidewalks, lighting and landscape improvements along the
NE 2nd Avenue from NE 4th Street to George Bush Boulevard of the City of Delray Beach.
Reason for Supplement and supporting engineering and/or cost analysis:
This Supplemental Agreement adds federal funds for phase 58 in the amount of $100,000.00 and adds local funds for phase 58 in the
amount of $ 680,280.00 due to the awarded bid being higher than the Agency's cost estimate.
Exhibit B of the original agreement is replaced by Exhibit B attached hereto and made a part hereof.
525-010-32
PROGRAM MANAGEMENT
01/15
AUJUb I tU hAHi i I b 5(;HhUULt OF FUNUINU Page 2 of 3
SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN
1 LOCAL AGENCY PROGRAM 431650-1-58/68-01
SUPPLEMENTAL
DUNS NO. AGREEMENT CONTRACT NO.
80-939-7102 ARS -57
TYPE OF WORK
B Fiscal Year
Y
FUNDING
(t)
PREVIOUS TOTAL
PROJECT FUNDS
(2)
ADDITIONAL
PROJECT FUNDS
(3)
CURRENT TOTAL
PROJECT FUNDS
(4)
TOTAL AGENCY
FUNDS
(5)
TOTAL STATE &
FEDERALFUNDS
Planning
FY:
FY:
FY:
FY:
FY:
FY:
Total Planning Cost
$0.00
$0.00
$0.00
$0.00
$0.00
Project Development &
Environment (PD&E)
FY:
FY:
FY:
FY:
FY:
FY:
Total PD&E Cost
$0.00
$0.00
$0.00
$0.00
$0.00
Design
FY:
FY:
FY:
FY:
FY:
FY:
Total Design Cost
$0.00
$0.00
$0.00
$0.00
$0.00
Right -of -Way
FY:
FY:
FY:
FY:
FY:
FY:
Total Right -of -Way Cost
$0.00
$0.00
$0.00
$0.00
$0.00
Construction
FY: 2014-2015
FY: 2014-2015
FY: 2015-2016
FY: 2015-2016
FY:
FY:
Total Construction Cost
$534.232.00
$534,232.00
$534.232.00
$548.230.00
$548,230.00
$548.230.00
$100,000.00
$100,000.00
$100.000.00
$680,280.00
$680,280.00
$680.280.00
$1.082,462.00
$780,280.00
$1,862.742.00
$1.228.510.00
$634.232.00
Construction Engineering and
Inspection (CEI)
FY: 2014-2015
FY: 2014-2015
FY:
FY:
FY:
FY:
Total CEI Cost
Total Construction & CEI Costs
$64,108.00
$64,108.00
$64,108.00
$63,000.00
$63,000.00
$63.000.00
$127,108.00
$0.00
1 $127,108.00
1 $63.000.00
1 $64,108.00
$1,209,570.00
$780,280.00
$1,989.850.00
$1,291,510.00
$698,340.00
TOTAL COST OF THE
PROJECT
$1,209,570.00
$780,280.00
$1,989,850.00
$1,291,510.00
$698,340.00
525-010-32
PROGRAM MANAGEMENT
01/15
Page 3 of 3
SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN
1 LOCAL AGENCY PROGRAM 431650-1-58/68-01
SUPPLEMENTAL
DUNS NO. AGREEMENT CONTRACT NO.
80-939-7102 ARS -57
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY CITY OF DELRAY BEACH
By:
Name:
Title:
Name:
Title:
Date:
Legal Review:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Name: Stacy L. Miller, P.E.
Title: Director of Transportation Development
Name:
Title:
See attached Encumbrance Form for date of funding approval by Comptroller.
STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION �-010-40
LOCAL AGENCY PROGRAM AGREEMENT SPEC mmATIoNSAND
ssr/wmTco
o�_,21`^
Page
FPN: 431650-1-58/68-01
Fund: TALT, LFP
FLAIR Approp.-
Federal No:
Org Code:
FLAIR Obj:
FPN:
Fund:
FLAIR Approp:
Federal No-,
Org Code:
FLAIR Obj:
FPN:
Fund-
FLAIR Approp:
Federal No:
Org Code:
FLAIR Obj:
County No:93
Contract No,- AP -6 51
Vendor No: F5960003080-07
Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No� 077283737
Catalog of Federal Domestic Assistance
(CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and . Z- ��5> ,-�and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of hereinafter called the
Department, and CITY OF DELRAY BEACH hereinafter called the Agency,
VV|TNESBETH:
WHEREAS, the Agency has the authority tnenter into this Agreement and to, undertake hhejeothereinafter described,
and the Department has been granted the authority h>functiUappropriate phjurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 338.12. Florida
Statutes` koenter into this Agreement;
NOW, TNEREF{}FlE, in consideration of the mutual covemants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in NE 2nd
AVENUE FROM NE 4th STREET TO GEORGE BUSH BLVD and as further described in Exhibit ''A"attached hereto and
by this reference made part hereof, hereinafter called the 'Pugeot." and to provide Department financial assistance to
the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to
the manner inwhich the Project will beundertaken and completed.
1,01 Aftashmments: Exhibit(a)A, Bil=RL, I are attached and made opart hereof
2.01 General Requirements: The Agency shall complete the Project as described in Exhibit 'YY^ with all practical
d|spahch, in a aound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
|avva, The Project will be performed in accordance with all applicable Department prooedunes, guidelines, manua/s,
standards, and directives as described in the Department's , which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement,
A full time employee of the Aoency, qualified to ensure that the work being pursued is oompXete' aocumahe, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of the Project.
Inactivity and Removal mfAny Unbilled Funds
Once the Department issues a Notice to Proceed (NTP) for the Project, the Agency shall be obligated to submit an invoice
or other request for reimbursement to the Department for all work oonnp|ebad for the Project no �eas frequently than on a
quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than
quarterly) invoices to the Department as required herein and in the event said failure totimely
'submit invoices to the
Department results in FHV\A\ removing any unbilled funding or in the loss of State appropriation authority (which may
include the loss of stabs and Federal funds, if there are state funds pnognernnned to the Project), then the Agency will be
solely responsible to provide all funds necessary to complete the Project and the Departmentm/i|[ not be obligated to
provide any additiuna� funding for the Project. The Agency waives the right to contest such removal of funds by the
Department, if the removal is related to FHVVA'e withdrawal of funds or if the removal is related to the loss of ^tate
STATE OF FLORIDA DEPARTMENT ����or,,TATmw 525-01aA0
LOCAL AGENCY PROGRAM AGREER0��� ��rm�o��o
ESTIMATES
uau-,�Y1*
Page
appropriation authority. In addition to the loss of funding for the Project the Department will also consider the de-
certification of the Agency for future LAP Projects.
e-wartificadonoftheAgenoyforfutuneLAPPnojeots.
Removal ofAll Funds
If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the
Agenoy, and the Project is off the state highway ayatenn, then the department will have to request repayment for the
previously billed amounts from the Agency, Nnstate funds can beused onoff-system projects.
2.02 Expiration of Agreement., The Agency agrees to complete the Project on or before June 30, 201T If the Agency
does not complete the Project within this time period. this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested bythe Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Aonyernent will be considered
termination of the Project. The cost of any work performed after the expiration date ofthis Agreement will not be
reimbursed bythe Department.
2,03 Pursuant to Federal, State. and Local Laws: In the event that any election, re#arendum, apppova|, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
toundertake the Project henaunderorbrobeen/e.assunneorcarryoutaoyofthepnovisioneoftheAgnaernent.theAgency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings neoessary, including
federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the Project,
2'06 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, neports, recorde, contracto, and other documents relating to the Project as the Department and the Federal
Highway Administration (FHVVA)may require, The Agency shall use the Department's Local Agency Program Information
Tool and applicable information systems aerequired.
3-00 Project Cost:
3.01 Tota! Cost: The total cost of the Project is $ 1.209,570l00, This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate in the Project cost bo the extent provided in
Exhibit "B" This amount includes federal -aid funds which are limited to the actual amount of federal -aid participation,
3.03 Limits on Department Funds: Project costs eligible for Department participation will be e||ovved only from the date
of this Agreement. It is understood that Department participation in eligible Project costa is subject to:
o. Legislative approval of the Department's appropriation request in the work program year that the Project is
scheduled tobeoornnmitted�
.
b. Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
o. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
and
d. Department approval of the Project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature, If the Department's funding for this Project is in multiple fiscal yeanm,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. Bee
Exhibit "B" for funding |eveIs by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available,
3-05 Multi -Year Commitment: In the event this Agreement is in excess of$26.QUOand has aterm fora period of more
than one year, the provisions ofSection 33Q135(G)(a).Florida Statutes, are hereby incorporated:
STATE OFFLORIDA DEPARTMENT mTRANSPORTATION 525-01040
LOCAL AGENCY PROGRAM AGREEM��T ��/p�mowumvo
sorIMArso
nGC- 12114
Page 3
"(a) The Department during any fiscal year, shall not expend money. incur any /iobUhy, or enter into any
contract whioh, by its terns, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year, Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The Department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other bind/ng commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract ao made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have aterm for aperiod mfmore than 1 year.°
3.06 : No cost may be incurred under this Agreement until the Agency has received written Notice -
to -Proceed (NTP) from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from
the deba the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled
advertisement, the District LAP Administrator should be notified as soon as possible.
3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State |ews, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
CFR., and policies and procedures prescribed by the Division Administrator ofFHVVA. Federal funds shall not bepaid
on account of any cost incurred prior to authorization by the FHVVA to the Department to proceed with the Project or part
thereof involving such cost (23 C.F�Fl� 1.9 (a))� |fFHVVA or the Department determines that any amount claimed is not
eligible, federaiparticipation may be approved inthe amount determined tobeadequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of |axv or FHVVA requirements exists. Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHVVA or the Department may deny participation
in parcel or Project costs in pert or in total,
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, e Project schedule of
funding shall be prepared by the Agency and approved by the Department.Department.The Agency shall maintain said schedule of
funding, carry out the Pnojeot, and nha0 incur obligations against and make disbursements of Project funds only in
conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by
execution of LAP Supplemental Agreement between the Department and the Agency, The Agency acknowledges and
agrees that funding for this project may be reduced upon determination of the agency's contract award amount. ;f revised,
a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller, No increase or decrease
shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the
Department's Comptroller.
5.80 Records:
5.81 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5years after the final payment immade. Copies ofthese documents and records shall befurnished to
the Department upon request, Records of costs incurred include the Agency's general accounting records and the Project
nacorda, together with supporting documents and records of the Agency and all subcontractors performing work on the
Project and all other records ofthe Agency and subcontractors considered necessary bythe Department for a proper
audit of costs, If any |itigatiom, claim or audit is started before the expiration of the 5 -year perimd, the records shall be
retained until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency sha|l charge to the Project account all eligible costs of the Project except
costs agreed to be borne by the Agency or its contractors and subcontractors, Costs in excess of the programmed
funding or attributable to actions which have not received the required approva� of the Department shall not be considered
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5.03 Documentation of Project Costs: All costs charged tothe Project, including any approved services contributed bv
shalltheAgenoy orothers, �h�be supported by properly executed peyro|is, time records, invoices, contracts orvouoh '
evidencing inproper detail the nature and propriety ofthe charges,
5.04 Audit : The administration mfresources awarded through the Department tothe Agency bvthis Aoreement
may besubject toaudits and/or rnon�orngbythe DepadmentThehd�vvngrequimmnnentsdonothnnhth' authority of the
Department to conduct orarrange for the conduct of additional audits or evaluations of Federal awards or limit the
authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The
Agency shail comply with aII audit and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning
before December 26, 2014. and in accordance with 2 CFR Part 200. Subpart F —Amd¢ Reouiren�ent . for fiscal
years beginning on or after December 26, 2014. monitoring procedures may include but not be limited to on -she
visits by Department staff and/or other procedures inc|uding, reviewing any required performance and financial
reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through
audits when those findings pertain to Federal awards provided through the Department bythis Agreement. By
entering into this Agreement. the Agency agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and
cooperate with any inspections, reviews, inveatiQmtions, or audits deemed necessary by the Departrment. State of
Florida Chief Financial Officer (CF[}) or State of Florida AuditorGenenai
b The Aganoy, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December
26. 2014. and as defined by 2 CFR Part 200, Subpart F —Audit Requimamenta, for fiscal years beginning on or
after December 26. 2014. as a subrenipient of a Federal award awarded by the Department through this
Agreement iasubject tothe following requirements:
In the event the Agency expends a total amount of Federal awards equal to or in excess of the
threshold established by [)MB Circular A-133, for fiscal years beginning before December 26. 2014.
and established by 2 CFR Part 200. Subpart F—Audh Requinements, for fiscal years beginning on or
after December 26. 2014. the Agency must have a Federal single orprognam-mpeoMicauditformuch
fiscal year conducted in accordance with the provisions of OMB Circular A-133. for fiscal years
beginning before December 26, 2014. and in accordance with the provisions of CFR Part 200,
Subpart F — Audit Requirements, for fiscal years beginning on or after December 26. 2014. Exhibit
to this Agreement provides the required Federal award identification information needed by the
Agency to further comply with the requirements of [)MB Circular A-133, for fiscal years beginning
before December 2G.2D14.and the reqmiramemteuf2CFR Part 2O8.Subpart F—Audit Requirements,
for fiscal years beginning on or after December 26. 2014. In determining Federal awards expended in
afimca| year, the Agency must consider all sources of Federal awards based on when the activity
related to the Federal award oocure, including the Federal award provided through the Department by
this Agreement. The determination of amounts of Federal awards expended should be in accordance
with the guidelines established by OMB Circular A-1 33, for fiscal years beginning before December 26,
2014, and established by 2 CFR Part 200. Subpart F —Audit Requinsnnents, for fiscal years beginning
on or after December 26. 2014. An audit conducted by the State of Florida Auditor General in
accordance with the provisions of OMB Circular A-1 33, for fiscal years beginning before December 26,
2014. and in accordance with 2 CFR Part 200, Subpart F —Audit Requirernents, for fiscal years
beginning onorafter December 28.2O14,will meet the requirements ofthis part.
2. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the
auditee responsibilities as provided in OMB Circular A-1 33, for fiscaI years beginning before December
26. 2014, and as provided in 2 CFR Part 200. Subpart F — Audit F\equiremenhs, for fiscal years
beginning on or after December 26, 2014.
3. In the event the Agency expends less than the threshold established by OMB CircWarA,133. for
fiscal years beginning before December 26, 2514, and established by 2 CFR Part 200. Subpart F—
Audit Requirements, for fiscal years beginning on or after December 26, 2014. in Federal awards, the
Agency is exempt from Federai audit requirements for that fiscal year. However, the Agency must
provide a single audit exemption statement to the Department at no
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later than nine months after the end of the audit period for each applicable audit year. In the
event the Agency expends less than the threshold established by {}MB Circular A'133. for fiscal years
beginning before December 26. 2014^ and established by 3 CFR Part 200. Subpart F — Audit
Requinannents, for fiscal years beginning on or after December 26, 2014. in Federal awards in a fiscal
year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133,
for fiscal years beginning before December 26, 2014. and in accordance with 2 CFR Part 200, Subpart
F —Audit Rmquinernenta, for fisna| ymars beginning on or after December 26, 2014. the cost of the audit
must be paid from non -Federal resources (ie., the cost of such an audit must be paid from the
Agency's resources obtained from other than Federal entidea).
4. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https://harvester,census.aov/facweb/ the audit reporting package as required by OMB Circular A-133,
for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F —
Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30
calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period.
The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F — Audit
Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However,
the Department requires a copy of the audit reporting package also be submitted to
FDOTSinole8udJt(a-)dot, state, fl, us within the earlier of 30 calendar days after receipt of the auditor's
report(s) or nine months after the end of the audit period as required by OMB Circular A-1 33, for fiscal
years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F — Audit
Requirements, for fiscal years beginning on or after December 26, 2014.
5� Upon receipt, and within six months, the Department will review the Agency's audit napmrdn0
packaoe, including corrective action plans and management lettema, to the extent necessary to
determine whether timely and appropriate action on all deficiencies has been taken pertaining to the
Federal award provided through the Department by this Agreement. If the Agency fails to have an audit
conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26,
2014. and in accordance with 2 CFR Part 200. Subpart F — Audit Requirements, for fiscal years
beginning on or after December 26, 2014' the Department may impose additional conditions to remedy
noncompliance. If the Department determines that noncompliance cannot be remedied by imposing
additional conditions, the Department may take appropriate actions toenforce compliance,
& As, a condition of receiving this Federal award, the Agency shall permit the Depadment, or its
designee, the CF[) or State of Florida Auditor General access to the Agency's records including
financial ststements, the independent auditor's working papers and project records as necessary.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is
complete or the dispute is resolved.
The Department's contact information for requirements under this part is as follows:
Office of Comptroller, IVIS 24
6O5Suwannee Street
Tallahassee, Florida 32399-D45O
The Agency shall retain sufficient records demonstrating its compliance with the terms of this Aoreenmentfor a
period pf�veyears homthe date the oud�repm��UDepartment, Agreement
CFO or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the
audit working papers are made available to the [)eportment, or its dgsigoee, the CFO, or State of Florida
Auditor General upon request for a period offive years from the date the audit report isissued unless extended
inwriting bythe Department.
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5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents ofFHVVA10 inspect all work, workmanship, matenaka, payruia, and records and to
audit the books, records, and accounts pertaining tmthe financing and development ofthe Project.
TheDepartnnentreaen/es the right to unilateral�y cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of(�hapter11B.F|ohdoStatutes, and made orreceived inconjunction with this Agreement (Section 87.O5@(1)
(o). Florida Statutes) unless the records are exempt.
5.86 Uniform Relocation Assistance and Real Property Statistical Repo/t: For any project requiring addit)ona| right-
of-way, the Agency must submit to the Department an annual report o/ its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on afederal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Pad 24, Appendix B. and be
submitted tothe Department nolater than October 15ofeach year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(l)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the ABenoy, must submit bH|e for any travel
expenses, when authorized bythe terms ofthis Agreement, in accordance with Section 112.061. Florida Statutes. and
Chapter 32^7nave|" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287058(1)(b).
Florida Statutes).
If, after Project oomp|efion, any claim is made by the Department resulting from an audit orfor work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 6Odays tothe Department. Offsetting any amount pursuant tothis paragraph shall not beconsidered' abreach of
contract bythe Department.
7.00Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the Project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect bynotice inwriting not tomake apayment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of material nature in its app|ication, or any
supplement thereto or amendment thereof or in or with respect to any document ofdata furnished therewith or pursuant
hereto;
7'02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize oradversely affect the Project, the Agreement mrpayments tothe Projec±
7.03 Approval by Department: The Agency shall have taken any action pertaining to the Project which, under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related ob|�at�ns
vv|thouthaving been advised bythe Depe�mentthat sarne anaapproved� -
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06Federal Participation: The Department may suspend orterminate payment for that portion ofthe Projectm/hiuhthe
FHVVA^ or the Department acting in lieu ofFHVVA. may designate as ineligible for federal -aid,
7.07 Disallowed Costs: In determining the amount ofthe payment. the Department will exclude all Projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
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expiration of the Agreement, costs which are not provided for in the |abasi approved schedule of funding in Exhibit ^B^ for
the Proect, costs agreed to be borne bythe Agency nrits contractors and subcontractors for not meeting the Project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved inwriting bythe Department.
7.08 Final Invoices: The Agency must submit the final invoice on the Project to the Department within 120 days after the
completion ofthe Project. Invoices submitted after the 128-daytime period may not bepaid.
8l1 Termination or Suspension Generally: The Department may, by written notice tothe Agency, suspend any oraU
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
(a)|fthe Department determines that the performance ofthe Agency ienot satisfactory, the Department shall nobfvthe
Agency ofthe de�oiencyinwriting vvithanequinenmentthat the de�oienoybeom�eohedvvithinthldy(3O)days ofsuch
'
notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the
deficiency isnot corrected within such time period, the Department may either (1)immediately terminate the A�n*ement
assetfmdbinparagroph8.(b)be|mvv.or(2)tekem/habeverectionisdeemedapprop�atebytheDepa�mentto- correct the
deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency sha||, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting
the deficiency.
(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in vvriting,
with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be
terminated.
(c) Ifthe Agreement isterminated before the Project is completed, the Agency shall be paid only for the percenbageofthe
Project satisfactorily performed for which ��� can be substantiated. Such payment, however, shall not exceed the
equivalent percentage of the contract price. 4J| work in progress will become the property of the Department and will be
turned over promptly bythe Agency.
8-O2Action Subsequent tmNotfce-of-Termination orSuspension: Upon receipt ofany final termination orsuspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any orall of the following: (o) necessary action to terminate or suspend, as the case may be. Project activities
and contracts and such other action as may be required or desirable to keep to a minimum the costa upon the basis of
vvh|oh the financing is to be computed; (b) furnish a statement of the Project activities and contracts and other
undertakings the ooed of which are otherwise includable as Project costs. The termination or suspension shall be carried
out in conformity with the latest sohedu|e, plan, and cost as approved by the Department or upon the basis of terms and
conditions imposed by the Department upon the failure of the Agency to furnish the sohodu|e, p|en, and estimate within a
reasonable time. The dosing out offederal financial participation in the Project shall not constitute a waiver of any claim
which the Department may otherwise have arising out ofthis Agreement.
9.Q0Contracts ofAgency:
9'01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments dheneto, with any third party with respect to the Project without the written
approval ufthe Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consuitant or contractor and to
approve mrdisapprove the employment ofthe same.
9,02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in e project with the Agency, vvhena said project involves a consultant contract for
engimeering, architecture or surveying servioes, iacontingent on the Agency's complying in full with provisions of Section
STATE OF FLORIDA DEmR7wENT OF TRANSPORTATION 525-010-40
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287.055. Florida Statutea, Consultants' Competitive Negotiation Act, A±the discretion of the Department, the Ao�noywiU
involve the Department in the consultant selection process � all projects. /n all cases, the Agency shall certify to the
Department that selection has been accomplished in compliance with the Consultants' CompetitiveNegotiation Act.
10.00 Disadvantaged Business Enterprise (DBE)Policy and Obligation: }tisthe policy ofthe Department that DBE's.
as defined in 49 C.F.R, Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The OBE requirements of applicable federal
and stabs laws and regulations apply tothis Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement, |nthis regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable hsdens| and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
pedbnn contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, cV|or,
national origin or sex in the award and performance ofcontracts, entered pursuant tmthis Agreement. Furthermore, the
Agency agrees that:
(a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must
include the following assurance:
"The recipient shall not discriminate on the basis ofrace, color, national origin, or sex in the award and
performance ofany DOT -assisted contract orinthe administration ofits DBE program orthe requirements of
49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R, Part 26 to
ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE
progmamn, as required by 48 C.F.R. Part 26 and as approved by Uepertment, is incorporated by reference in
this Agreement, Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement. Upon notification to the recipient of its hs8una to carry out its
approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may,
inappropriate cases, refer the matter for enforcement under 18US.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1886 (31 U S.C� 3801 etseq ),^
(b)Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
"The contnacbor, smbrecpient or subcontractor shall not discriminate on the basis of race, color, national origin,
orsex inthe performance cfthis contract. The contractor shall carry out applicable requirements of49C.F,R.
Part 2Ginthe award and administration of[}CJT-asaistedcontracts. Failure bythe contractor tocarry out these
requirements is a material breach of this comtraot, which may result in the termination of this contract or such
other remedy aathe recipient deems appropriate.^
11.00, Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply vvith, all requirements imposed by applicable federal, state, and local
laws and regu|ationm, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
— Lower Tier Covered Transactions," in 49 C.F.R. Pert2S. when applicable.
11I1 Performance Evaluation: Agencies are evaluated on e project—by—project basis. The evaluations provide
information about oversight needs and provide input for the recertification process. Eva|uationsare submitted tothe
Agency's Responsible Charge or designee as part of the Project o|oseouL process, The Department provides the
evaluation to the Agency no more than 30 days after final acceptance.
11J02 Performance Evaluation Ratings: Each evaluation will result inone ofthree ratings. Arating ofUnsatisfactory
Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations,
standards and proceduree, required excessive District involvement/oversight, or the Project was brought in-house by the
Department, Arating nfSatisfactory Performance means the Agency developed the Project ina000nJanoewibhapp|icab|e
federal and state regu|ations, standards and procedures, with minimal District involvement/oversight. A rating of Above
Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and abahs
regulations, standards and procedures, without District involvement/oversight.
SlATE OF FLORIDA DEPARTMENT mTRANSPORTATION 525-OImn
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11-03 Delegation of Authority: The District will determine which functions can be further delegated to Amenokam�at
con�nunusk/earn Sabsfao��ryand Above Satisfactory eva|uadons. -
12'80 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.07 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee orapplicant for employment because of race, age. religion, co|or, sex, national mdgin,
disability or rnahha| status. The Agency will bake affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, reUgiom, no|mr, gender, national origin,
disability or marital status. Such action shall imc|ude, but not be limited to, the following: employment upgnsd}ng, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay mrother forms of compensation; and
selection for traioinQ, including apprenticeship, The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the Project, except
contracts for the standard commercial supplies or raw materials, and mha|l require all such contractors to inert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction, denno|ition, nsnmova|, site improvement or similar work. the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title \/| — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title V| of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
bythe Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title V| of the Civil
Rights Act of1964. 49 C.F,F<. Part 21, and related statutes and regulations,
)2,03Americans with Disabilities Act of1q98(ADA): The Agency will comply with all the requirements asimposed by
the ADA, the regu�ations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.84 Public Entity Crime: A person oraffiliate who has been placed on the convicted vendor list following e conviction
for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit bid on a contract with a public entity for the construction or repair ofa public building or public work; may not
submit bids on leases ofreal property to a public entity; may not be awarded orperform work as a contractor, gupp|ie/,
subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017. Florida Statutes, for CATEGORY TWO for a period of 36
months from the date ofbeing placed onthe convicted vendor list.
12.0�5 Discrimination: !naccordance with Section 287,134, Florida Statutes, anentity oraffiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department ofManagement Sen/ioee, may not submit bid on o
contract to provide goods or sen/ices to public entity; may not submit bid on a contract with e public entity for the
construction or repair ofa public building or public work-, may not submit bids on leases of maa| property to a public entity;
may not be awarded or perform work as a ozntraotor, supp|ier, subcontractor orconsultant under a contract with any
public entity', and may not transact business with any public entity.
12,06 Suspens|ow, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non'pespommibleoVntnaotor may not submit e bid or perform work for the construction or repair
of public building orpublic work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors ortheir subcontractors shall enter into any
cnntnsct, subcontract orarrangement in connection with the Project or any prmperty included or planned to be included in
the Project in which any rnember, officer or employee of the Agency or the locality during tenure or for years thereafter
has any intenasi, direct or indirect. If any such present or former menmber, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
/4gemoy' with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
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such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcon�aciormmangement '
The Agency ebaN insert in all contracts entered into in connection with the Project orany property included or planned to
be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provisiom
"No nnember, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph ohe[| not be apphcab|e to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom.
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with ail the applicable
environmental regulations, for any liability arising from non-compliance with these reQuladons, and will reimburse the
Department for any |msa incurred in connection therewith, The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not party to this Agreement.
13.03 When Rights and Remedies Net Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right orremedy available to the Department with respect to such breach
or default,
13.04How Agreement Is Affected by Provisions Being Held Invalid: If any provision ofthis Agreement is held inva|id,
the remainder ofthis Agreement shall not be affected. |nsuch mninstance, the remainder would then continue toconform
to the terms and requirements of applicable |ovx.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder,
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law, If any of the provisions of the
Agreement violate any applicable state |avv. the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed aosoon as possible with the Project.
13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the
Agency shall submit tothe Department for approval ail appropriate plans and specifications covering the Project The
Department will review all plans and specifications and will issue to the Agency a written approval with any approved
portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate.
After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to
the Agency written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient
cause of nonpayment by the Department. The Agency will physically include Form FHVVA-1273 in all its contracts and
subcontracts.
13.08 Right -of -Way Certification: Upon completion of right-of-way activities on the Puojeot, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for '
solicitation of bids for construction of the Project, including if no right-of-way is required
STATE orFLORIDA DEPARTMENT OF TRANSPORTATION 525�0-40
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ESTIMATES
ooC-`2n4
13]]8Agency Certification: The Agency will certify inwriting, prior boProject closeout that the Project was completed in
accordance with applicable plans and speoifications, is in place on the Agency's facjhity, adequate tide is in the Agency's
name, and the Project isaccepted bythe Agency assuitable for the intended purpose,
13.10 Agreement Format: All words used herein in the singular form shall extend to and include the p|mnaL All words
used inthe plural form shall extend ho and include the singular, All words used inany gender shall extend boand include
all genders.
13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterpads,
each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the
same instrument.
13.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf ofthe
Agency, toany person for influencing orattempting tminfluence any officer mremployee ofany federal agency, a Member
of Congreso, an officer or employee of Congress or an employee of o Member of Congress in connection with the
awarding of any federal contract, the making of any federal gmsnt, the making of any federal |oan, the entering into of any
cooperative agreement, and the axtensiom, nonhnumbon, renewa|, amendment or modification of any federal contract,
grant, loan orcooperative agreement.
If any funds other than hadera/|y-appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agemoy, a Member of Congress, an officer or employee of
Congress or an employee of Member of Congress in connection with this Agneenment, the undersigned shall complete
and submit Standard Funn-LLL."Disclosure Form toReport Lobbyimg."inaccordance with its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiara (including subnontracts, subgnanto, and contracts under grants, |mano, and cooperative agreements) and that all
subreoipients shall oed|fv and disclose accordingly.
State: Nofunds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency M will Fl will not
maintain the improvements made for their useful life.
13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect
and approve the goods and services unless the bid npmoificotimns, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (vaucher) to the Department of Financial Services. The 2Odays
are measured from the latter ofthe date the invoice is received or the goods or services are nsce|ved, inepeoted, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval ofgoods
and aervices, a separate interest penalty in accordance with Section 215422(3) (b)` Florida Statubes, will bedue and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided tothe Department.
AVendor Ombudsman has been established within the Department of Financial Sen/ices. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining Mrne|y payment(a) from the
Department. The Vendor Ombudsman may becontacted at85Q-413-5516,
13.15 Reimbursement of Federal Funds:
sTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND
ESTIMATES
0(-',C- 12114
Page 12
The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review
conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were
not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment
to the Department of all funds awarded under the terms of this Agreement,
1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all
new employees hired by Agency during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to
likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of
all new employees hired by the subcontractor during the contract term,
STA'T'E OF FLORIDA DEPARTMENT OF,rPANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first abe
AGENCY . ..... . STATE OF FLORIDA DEPARTMENT OF TRA
N ",P
B
By: y:
D Glickstein Nam : GERRY/O'REILLY, P.E.
'ke 1v1a or V Title: Director of Transportationbe�Eiio' A
Attest:
Title:
Legal Review:
See attached Encumbrance Form for date of funding ap
Attest:
Title:
525-010-40
SPECIFICAT0NS AND
ESTIMATES
OGC— 1241 4
Page, 11,
n N,
0 RTA TrO
en
4,
S1 ATE eFLORIDA DEPARTMENT OF TRANSPORTATION ��m�
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
08/06
Page 14
FPN: 431650-1-58/68-01
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
The City of Delray Beach
Dated 2-
PR[UECTLOCATION: NE2^«Avenue
Theprojeo ___is _X_ienot onthe National Highway Syahem.
The p ject___is _X._ie not on the State Highway System.
PROJECT DESCRIPTION: Bike Lane/Sidewalk from NE4mStreet toGeorge Bush Boulevard
SPECIAL CONSIDERATIONS BYAGENCY:
The audit report(s) required in the Agreement shaU include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Nunnber(FPW). the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any feclera/ or local funding action, and
the funding action from any other source with respect tothe project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of+weyactivities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Study to be completed by N/A _ (Phase 18and 28LAP Agreements)
b) Design tobecompleted by_N/A .(Phase,38LAP Agreements)
c) Right -of -Way requirements identified and provided to the Department by N/A (Afl LAPS requiring R/W)
(District will handle all Right of Way activities on LAPS, the data would be set by the necessary timeframe to
complete R/VVactivities.
d) Right -of -Way to be certified prior to advertising for Construction. (AU Phase 58 LAPS)
e) Construction contract tobelet by_@YI7/f5_.(For Phase 58 LAPS). (This date would beprior tothe end ofthe
fiscal year that the Phase 58isprogrammed inFIVI)
f) Construction tobecompleted by_6(30lr[7__. (Phase 58LAP Agreements)
If this schedule cannot be met, the Agency will notify the Department in vvhdng with a revised schedule or the project is
subject to the withdrawal of federal funding.
This Project is for reimbursement of Construction and CEI in the year 2014/2015 in the amount ofUpno
execution agreement
all ��will EXECUTED AGREEMENT ===� and
NOTICE TO PROCEED. The Agency should not start any construction prior to the EXECUTED AGREEMENT and a
NOT/CE TO PROCEED. The Agency will only be reimbursed for costs incurred after the executed agreement date and
prior to the agreement ortime extension (if required by o request for a time extension from the Agency) date and fiscal
year funding avai|abiUity
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT09111
Page 15
AGENCY NAME & BILLING ADDRESS FPN: 431650-1-58/68-01
Cit y of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
PROJECT DESCRIPTION
Name: NE 2'0, Avenue Length: 0,333 Miles
Termini: NE 4'L' -Street to George
TYPE OF WORK ffy Fiscal Year
FUNDING
TOTAL
PROJECT FUNDS
(2)
AGENCY
FUNDS
STATE &
FEDERAL FUNDS
Planning FY:
FY:
FY:
Total Planning Cost
Project Development & Environment (PD&E)
FY:
FY:
FY:
Total PD&E Cost
Design FY:
FY:
FY:
Total Design Cost
Right -of -Way FY:
FY,
FY:
Total Rig ht -of -Way Cost
Construction FY: 2014-2015 TALT
FY: 2014-2015 LFP
FY:
FY:
Total Construction Cost
S534.232.00
$534,232,00
$548,230.00
$548.230.00
$1,082,462.00
$548,230.00
$534,232.00
Construction Engineering and Inspection (CEI)
FY: 2014-2015 TALT
FY: 2014-2015 LFP
FY:
Total CEI Cost
Total Construction and CB Costs
$64,108.00
64 108.00
$63,000,00
$63,000.00
$127,108.00
$63,000.00
$64,108.00
$1,209,670.00
om
$611,23=
$598,340.00
TOTAL COST OF THE PROJECT
$1,209,570-00-1
$611,230.00
$598,340.00
The Department's fiscal year begins on July 1, For this project, funds are not projected to be available until after the I st of JWy of
each fiscal year. The Department will notify the Agency, in writing, when funds are available.
STATE OF FLuRIDxDEPARTwN7 OFTRANSPOnTATIOw 525-01D4D
LOCAL AGENCY PROGRAM AGREEK#��� pxno�nowmup��
,mm
Page 16
Paragraph 13.13 is expanded by the following:
1.Until such time asthe project is removed from the project highway pursuant to paragraphs 3 and 5 of this LIVIA,
the Agency sMaU, at all tirnes, maintain the project in a reasonable manner and with due care in accordance with all
applicable Department guidelines, standards, and procedures hereinafter oe||ed "Project Standards." Specifically, the
Agency agrees to:
a) Properly water and fertilize all plants, keeping them asfree as practicable from disease and harmful
inoeot
WProperly mulch plant beds;
c)Keep the premises free cf weeds;
d) &Am* and/or cut the grass to the proper length�
e) Properly prune all plants which responsibility includes removing dead or diseased ports of plants
and/or pruning such parts thereof which present a visual hazard for those using the roadway; and
D Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall
below original Project Standards.
The Agency agrees to repair,remove or replace at its own expense all orpart of the project that falls below
Project Standards caused by the Agency's failure to maintain the same in accordance with the provisions of this LIVIA, In
the event any part or parts of the projeot, including p|ante, has to be removed and replaced for whatever reason, then they
shall be replaced by pads of the same Qnade, size, and specification as provided in the original plans for the project,
Furthermore, the Agency agrees to keep litter removed from the project highway.
2. Maintenance cfthe project shall besubject tuperiodic inspections bythe Department. |nthe event that any of
the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in
conformance with the applicable Project Standards, the Department, in addition to its right of termination under paragraph
4(a), may at its option perform any necessary maintenance without the need of any prior notice and charge the cost
thereof tothe Agency.
3. It is understood between the parties hereto that any portion oforthe entire project may be namoved, relocated
or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state
road bewidened, altered orotherwise changed tomeet with the future criteria orplanning ofthe Department. The Agency
shall be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove all or part
of the project at its own cost. The Agency will own that pad of the project it removed. After the GO -day removal period,
the Department will become the owner of the unresolved portion of the pmojeot, and the Department then may namove,
relocate oradjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of
the project.
4. This LIVIA may be terminated under any one of the following conditions:
a) By the Department, if the Agency fails to perform its duties under this LIVIA following 15 days'written
STATE OF FLORIDA DEPARTMENT OF TRANSPOR"rATION 525-01040
LOCAL AGENCY PROGRAM AGREEMENT PRODUCT ION SUPPORT
10111)
Paye 17
I , .
5. In the event this LIMA is terminated in accordance with paragraph 4 hereof, the Agency shall have 60 days after
the date upon which this LMA is effectively terminated to remove all or part of the remaining project at its own cost and
expense. The Agency will own that part of the project it removed. After the 60 -day removal period, the Department then
may take any action with the project highway or all or part of the project it deems best, with the Agency being responsible
for any removal costs incurred.
6. This LMA embodies the entire agreement and understanding between the parties hereto, and there are no
other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged
herein and superseded hereby.
7. This LMA may not be assigned or transferred by the Agency, in whole or in part, without consent of the
Department,
8. This LMA shall be governed by and construed in accordance with the laws of the State of Florida.
All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. mail,
postage prepaid, registered or certified with return receipt requested-,
a) If to the Department, addressed to:
Christine M. Fasiska
3400 W Commercial Blvd
Fort Lauderdale, FL 33309
or at such other address as the Department may from time to time designate by written notice to
the Agency; and
b) If to the Agency, addressed to:
Randal L. Kreicarek, P.F.
434 South Swinton Avenue
Delray Beach, FL 33444
or at such other address as the Agency may from time to time designate by written notice
to the Department.
10. This LMA, if attached as an exhibit to the Agreement, forms an integral part of the Agreement between the
parties dated
All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and
other instruments.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01OA0
PRODUCTION SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT D4f1 3
Page 18
1. a) The Agency shall, at its sole cost and expense, maintain the existing or about to be installed roadway lighting
system throughout its expected useful life unless and until this exhibit is superseded by a State Highway Maintenance and
Compensation Agreement.
b) In maintaining the roadway lighting system, the Agency shall perform all activities necessary to keep the
roadway lighting system fully and properly functioning, with a minimum of 90% lights burning for any lighting type (e.g.,
high mast, standard, under deck, sign) or roadway system at all times for their normal expected useful life in accordance
with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage or acts of
nature. Said maintenance shall include, but not limited to, providing electrical power and paying all charges associated
therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any
component parts of the facilities (including the poles and any and all other component parts installed as part of the
facilities), and the locating (both vertically and horizontally) of the facilities as may be necessary,
c) All maintenance shall be in accordance with the provisions of the following:
(1) Manual of Uniform Traffic Control Devices (MUTCD)-, and
(2) All other applicable local, state or federal laws, rules, resolutions or ordinances and Department
procedures,
mlllni�- �Ej
The Agency shall keep records of all activities performed pursuant to this RLMA. The records shall be kept in
such format as is approved by the Department.
1 Default
In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which
are otherwise provided for in this Agreement, the Department may exercise one or more of the following options, provided
that at no time shall the Department be entitled to receive double recovery of damages:
a) Pursue a claim for damages suffered by the Department or the public.
b) Pursue any other remedies legally available.
c) As to any work not performed by the Agency, perform any work with its own forces or through contractors and
seek reimbursement for the cost thereof from the Agency, if the Agency fails to cure the non-performance within 14
calendar days after written notice from the Department; however, that advance notice and cure shall not be preconditions
in the event of an emergency.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
PRODUCTION SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT 04113
Page 19
A
4. Force Majeure
Neither the Agency nor the Department shall be liable to the other for any failure to perform under this exhibit to
the extent such performance is prevented by an act of God, war, riots, natural catastrophe or other event beyond the
control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence,
provided the party claiming the excuse from performance has:
a) Promptly notified the other party of the occurrence and its estimate duration,
b) Promptly remedied or mitigated the effect of the occurrence to the extent possible, and
c) Resumed performance as soon as possible.
Miscellaneous
a) The parties understand and agree that the Department has manuals and written policies and procedures
which shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the
Department may have entered into joint agreements for utility work to be performed by a contractor. To the extent that
such a joint agreement exists, this exhibit shall not apply to facilities covered by the joint agreement. Copies of
Department manuals, policies, and procedures will be provided to the Agency upon request,
b) Time is of the essence in the performance of all obligations under this RLMA,
S TAT EnpFLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
LOCALAGENCYPROGRAMAGREEMENTrnuovonomeuppo*x
08106
Page 19
EXHIBIT "l
SINGLE
Federal Resources Awarded bnthe Recipient Pursuant tmThis Agreement Consist ofthe Following:
Federal Agency: Federal Highway Administration
CFDA#: 2O.2Q5Highway Planning and Construction
Amount: $5S8.340�0@
Allowable Activities: To be e|igib|e, most jeots must be located on public roads that are not functionally classified as
localThe major exceptions are the Highway Bridge Replacement and Rehabilitation Progrem, which provides assistance
for bridges on and off the federal -aid highuvays, highway safety aotivities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails pnognam, and p|anning, reseanoh, deve|opment, and technology transfer.
Proposed projects meeting these and other planning, dasi0n, onvironmenbei, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit ofthe funds apportioned or allocated to each state,
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Tifle 49
C.F.R. and the OMB cost principles applicable tothe recipient/aub'nscipient.
Eligibility: By [avv, thofedeoal'aid highway program imafederally assisted state program that requires each state to have
msuibab|y equipped and organized transportation department. Thenefore, most projects are administered by or through
State Departments of Transportation (State [}[}Ts). Projects to be funded under the federal -aid highway program are
generally selected by state D{}Te or Metropolitan Planning Organizations (K8P[)s), in cooperation with appropriate local
of5cials, 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 Federal Land Highway Pra0narn (FLHP) projects any administered by the Federal Highway
Administration (FHVVA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management
Agencies (FL8AAa), Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal
Governments and are approved by the Bureau ofIndian Affairs (B|A) and the FHWA. Due to recent legislation, Tribal
Governments meeting certain requirements may now administer various IRR projects on behalf ofthe B|A and FHVVA.
The Fish and Wildlife Service (FVVS) and the National Park Service (NPS) select projects in the Refuge Road and Pork
Roads and Parkways Programs, respectively. For the Forest Highway Program. the Forest Service, the States and the
FHVVAjointly select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112�061. 215.422. 339.12. and 339.135. Florida Statutes, and Title 23and Title 49. C.F.R.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-016-30
FEDERAL -AID PROJECT FUNDING REQUEST CONSTRUCTION
08/00
Page I of 2
DATE
AGENCY City of Delray Beach FEDERAL -AID PROJECT NUMBER 9048-130-C
PROJECT TITLE NE2"'Avenue
Termini 1: NE 0' Street to George Bush Boulevard Length: 0.333 Miles
WORK PHASE: F-1 PLANNING ENVIRONMENTAL 17 DESIGN CONSTRUCTION RIGHT OF WAY
AWARD TYPE: [",]LOCAL LOCAL FORCES
ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most
recent reevaluation date.
EIS approved on: and reevaluated on:
EA /FONSI approved on: and reevaluated on:
Categorical Exclusion:
Programmatic Categorical Exclusion determination on:
Type I Categorical Exclusion determination on: 12/1/14
Type It Categorical Exclusion determination on:
Categorical Exclusion Reevaluation on:
PHASE
_nearest
TOTAL
ESTIMATED COST
LOCALAGENCY
FUNDS
(nearest Dollar)
STATE
FUNDING
(nearest Dollar
FEDERALFUNDS
(nearest Dollar)
PERCENT
FEDERAL
FUNDS
OBLIGATION DATE
Month / Year
�NNIN�d
Roadway Width —28' Number of Lanes
2
Bridge Numbers s) on Project N/A
PD&E
TITLE:
Randal L Krejcarek, P.E.
Director of Environmental Services
MAILING ADDRESS:
DESIGN
PHONE:
434 South Swinton Avenue
561-243-7322
Delray Beach, FL 33444
CONST.
$1,082,462.00
$548,230.00
$0.00
$534,232.00
49%
33444
CEI
$12,7, 08,
:�
$63,000.00
$0,00
$64,108.00
50%
TITLE: T7))1?
TOTAL
$1,209,570.00
$611,230.00
$0.00
$598,340.00
490/6
DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition)
Roadway Width: 24' Number of Lanes 2
Bridge Number(s) on Project N/A
DESCRIPTION OF PROPOSED WORK F—] New Construction -1
F 3-R
Enhancement F] Congestion Mitigation
U
Bike Lane/Sidewalk
Roadway Width —28' Number of Lanes
2
Bridge Numbers s) on Project N/A
LOCAL AGENCY CONTACT PERSON
TITLE:
Randal L Krejcarek, P.E.
Director of Environmental Services
MAILING ADDRESS:
PHONE:
434 South Swinton Avenue
561-243-7322
Delray Beach, FL 33444
AGENCY
ZIP CODE:
_gq of
33444
LOCATION AND DESIGN APPROVAL:
BY:
4proving Authority FEB 2 7 2.015
TITLE: T7))1?
DATE:
AGENCY:
City of Delray Beach
PROJECT TITLE:
NE 2" d Avenue from NE 4`"
Street to George Bush Boulevard
An Environmental Determination was completed and approved for the Project.
Right of way acquisition is not required for the Project.
525-010-30
CONSTRUCTION
08/00
Page 2 of 2
DATE:
24
THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY Ca
AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FC47-
COMMUNITY DEVELOPMENT. I
AGENCY: City of Delray Be&
DATE: 3 Ito 1� b I,A By:
2
,,6 'D. Glickstein, Mayor
Approved as to form arid
ie al sufficiency:
--14—yA—ttorney
NIP nno
m0112 01,
o �/ t / �i i�i D
//O l � � � �
DE L RA BEAC I
C,ERTIFICAT10N
I, C"HE"` ELLE D. N[ BIN, MMC, City (
RESOLUTION NO. 07-15
-A RES(.)Ll_JT1(_.)N 01:, Tf I 1-x, CITY ('10NIMISSTON OP'TJ IF, CITY OF DFLR /VY'
FI-
-ORILM, APPROVINGTHE LOCALAGEINC'Y PROGRA"L%4
AGREENIENTFOR THI".FUNIMNG, OF NL I 2NID AVENUF" / SJ1A,(]RT:1ST
NE 2NE) AVEM.."I" FROM'NE 4111
SIREE-1-170 NJ.," 8TI-1 STRIL'U"T" AND AUJI-10RIZIM-3 THF—EXECU"I'MN
OFTHE A(_-YR_L,'E1MP1N'F.
\VHE�REAS, '11IT-7 City of Delray Beach, Florld-I (Jesires to approve the Local Agericy
Prognmn.Agreement f617 dIC',111d 1-�Unding of Nl--," 2nd AvOILle / Seacrest.Beautification Project.11ong
Nl2nd Avenue From NF, 4th Street To NE Sth Street and authorizinor the: execution of die
�Igrec,rncnt. I all d
W1 11"'RELkS, die City Com mission nithorizes the (,,�,.ecudon of the, Agreellient.
11 , J-Y COMMISSION OF' THE'
NOW, 13,1,, 11" BY
, C I
CITY (-.)F DELRAY BJ.,"A(..rJ, F1,0RIDA, AS FOLLOWS:
Section 1. '11,11at the recitals -set forth abovc are, incotporated as if fully set forth herein,
Section 2. The City Conarnission of the City of` Delray Beach audlorizes the entr i
Y Into
the Local Agency Program Aprecrnent between the (;it:} and the Florida Depnarnent of
the execution, thereof.
PASSED AND M -)OPTED in regUhIt session on this 24 -d -I day of Fe -uar 2015.
CARY 1).( MAYOR,
City Clerk
L I I I I I 4 1 I I IJJ�
N. E.
3
CITY of DELRAY BEACH
LOCATION MAP DATE: 01/26/2015
........................................
NE 2ND AVE/SEACREST BEAUT
434 8MTH 8WMON AMMJF DBLRAY BEACK FLOF;DA 39444
2011-067
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CITY of DELRAY BEACH
LOCATION MAP DATE: 01/26/2015
ENVIRONMENTAL SERVICES DEPARTMENT
NE 2ND AVE/SEACREST BEAUT
434 8MTH 8WMON AMMJF DBLRAY BEACK FLOF;DA 39444
2011-067