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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-159Temp. Reso. 11013 07/19//06 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006 15 q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR PARTICIPATION IN THE FISCAL YEAR 05/06 FDOT WORK PROGRAM FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS ON NW 82ND STREET BETWEEN UNIVERSITY DRIVE AND NW 818t AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 2, 2003, the City of Tamarac was certified for participation in the State of Florida Department of Transportation (FDOT) Local Agency Program (LAP); and WHEREAS, the City of Tamarac has been assigned funds amounting to $80,500.00 for the construction of sidewalk improvements on NW 82"d Street between University Drive and NW 81 st Avenue, by the FDOT in their Five Year Work Program for the fiscal year 05/06 through the recommendation of the Broward County Metropolitan Transportation Improvement Program (MPO) ; and WHEREAS, the City of Tamarac proposes to improve pedestrian and bicycle access on NW 82"d Street between University Drive and NW 81$t Avenue; and WHEREAS, the Director of Community Development, the Director of Public Works, and the Purchasing and Contracts Manager recommend that the City enter into this agreement; and 1 Temp. Reso. 11013 07/19//06 Page 2 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute a Local Agency Program Agreement with the FDOT for funding of this improvement, hereto attached as Exhibit 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to execute a LAP Agreement with the FDOT for participation in the Fiscal Year 2005/2006 FDOT Work Program for the construction of sidewalks on NW 82nd Street between University Drive and NW 81$t Avenue. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. 1 1 1 1 1 n SFCTI0N 5 passage and adoption. Temp. Reso. 11013 07/19//06 Page 3 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this I3-6� ATTEST: MARION SWENS N, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. AMUEL & G60EN CITY ATTOR r Y day of 6eptembe r 2006. mm imw RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER TR 11013 EXHIBIT 1 Exhibit 1 FDOT Local Agency Program Agreement Sidewalk Enhancement FM 414069-1-58-01 525-010-300 September 10, 2000 Local Agency Program Manual Chapter 2 Section 1 LOCAL AGENCY: PROJECT IDENTIFICATION: WORK PROGRAM ITEM NO.: 41 - L 58-01 STIP PAGE NO.: TIP PAGE NO.: Use this sheet as a cover sheet to the project application package. Place an "X" in the right column to denote items included. If not applicable, state N/A. Include in the cover letter a comment explaining the action taken on each item as appropriate. Application: 1. Federal Aid Project Funding Request (Chapter 2-1)................................................ X 2. Vicinity Map— ... ................................... .......... ........ ....... .................... ap........................................................................................... X 3. Typical Roadway Section........................................................................I ..... I .... :-Aif� 4. Typical Bridge Section......................................................................................... W061 S— Supporting Data: 5. Safety Improvements (Chapter 4- 1 ) ............................. 6. Deviation Request and Justification (Chapter 4-1).......... 7. Environmental Document (Chapter 2-4) ...................... 8. Compliance with environmental document commitments 9. Right of Way Required (Chapter 2-5)........................... a. Pre -Qualification Letter of Approval From FDOT ............................... .... _hl> ...................................... ........... ..... ......................... frir�ll�r�-T .......... hLb►.i� ................... b. Right of Way Maps................................................................................. C. Right of Way Project Cost Estimate ............... -� ................................... d. Request Right of Way Project Authorization ............................................... �- 10. Right of Way Certification (Chapter 2-Sect 5)......................................................... ,X 11. Corp of Engineers, and/or Coast Guard Permits (Environmental Permit Coordination Procedure No. 650-040-001) ................ .... ............................................ ........ ......1J- 12. Water Management District Permit....................................................................... !�D►�i�. 13. NPDES Permit................................................................................................... 14. FAA Notification (FAA for 7460-1) (14 CFR, Part 77; Chapter 333, FS) ..................,1�Jp,�, cri4VkAr.V*TX3 Exhibit II-1-1- Project Funding Application Checklist 2-1-2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE osro5 Page 1 FPN: 414069-1-58-01 Fund: SE Federal No: Org Code: 5SO43010404 FPN: Fund: Federal No: Org Code: County No:86 Contract No: Data Universal Number System (DUNS) No. 80-939-7102 FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj:_ Vendor No: VF591039552001 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction 088849 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and City of Tamarac Florida, A Municipal Cor oration hereinafter called the Agency. WI TNESSETH: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.0.0 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Sidewalk Enhancement and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "project", and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) A. B, 1 are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2008 If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 06106 Page 2 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FHWA) may require. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 80,500.00 _ This amount is based upon the schedule of funding in Exhibit "B". The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies,. in the project cost to the extent provided in Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal - aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice -to -Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice - to -Proceed from the Department. 3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 06108 Page 3 on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal -aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: The administration of resources awarded by the Department to City of Tamarac Florida may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to City_of Tamarac, Florida w regarding such audit. City of Tamarac, Florida _ further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 06106 Page 4 111J1W PART I: FEDERALLY FUNDED: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: In the event that the recipient expends $500,000 ($300,000 for fiscal years ending on or before December 31, 2003) or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit 1 of this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in PART I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised, 3. If the recipient expends less than $500,000 ($300,000 for fiscal years ending on or before December 31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 ($300,000 for fiscal years ending on or before December 31, 2003) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency, PART II: STATE FUNDED Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (1), Florida Statutes) are to have audits done annually using the following criteria: In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 ($300,000 for fiscal years ending before September 30, 2004) in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215,97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit 1 to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a non -state entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in state financial assistance in its fiscal year ($500,000 for fiscal years ending on September 30, 2004, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 ($300,000) in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page 5 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits OJT evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION 1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Barbara Handrahan District Four LAP Administrator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10'h Street Jeffersonville, IN 47132 c) Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directly to each of the following: Barbara Handrahan District Four LAP Administrator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 „ In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: Barbara Handrahan District Four LAP Administrator Florida Department of Transportation STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 06/06 Page 6 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 3. Copies of the financial reporting package required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Barbara Handrahan District Four LAP Administrator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Barbara Handrahan District Four LAP Administrator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. I�_1�i�1�:T��i7T�77�i��a�I�7►1 The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department, or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. (Section STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENTOFFIOE osios Page 7 287.058(1) (c), Florida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 327ravel° of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.06 or 12.07, 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. - 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120 day time period may not be paid. 8.00 Termination or Suspension of Project: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE osros Page a 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at the end of such time. Suspension of this Agreement will not affect the time period for completion of the project. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time, The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525.010.40 PROJECT MANAGEMENT OFFICE 06/06 Page 9 require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134 F.S., an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE o6/o6 Pege 10 The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom, 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of this Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its officers, agents or employees during the performance of this Agreement. The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any similar provision of law. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE osios Page 11 require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this paragraph. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any, However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. 13.09 Right -of -Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right-of-way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each.of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency (will) (will not) maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE as/as Page 12 approved If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline, 1- 800-848-3792. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY By: e�— —7a o4:�5 5:� Name: Vieth Flansbaum--Talabisco Title: Ma or B*, Name: Je(ftref L. Miller Title: City Manager,, Attest: Name: Marion Swenson C.M.C. Title: City Clerk As to form h Attorney Name: mSaue PS. Goren Title: pity tarney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IM Name: Title: Attest: Title: As to form: District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE Delos Page FPN: 414069-1-58-01 PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and The Ct of Tamarac Florida 7525 NW 8811` Avenue Tamarac Florida 33321-2401 Dated August 23 2006 The project ❑ is ® is not on the National Highway System. The project ❑ is ® is not on the State Highway System. PROJECT DESCRIPTION: NW 82"d Street Sidewalk Installation iy�xyl_\��Ii7►6y1�]�:�_�>r[d►�:11'/sLe1�►I�1'1 The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of State funding action (receipt and disbursement of funds), any Federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to.coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by . (Phase 18 and 28 LAP Agreements) b) Design to -be completed on or before (Phase 38 LAP Agreements) c) Right -of -Way requirements identified and provided to the Department by August 23, 2006(All LAPS requiring RA49 (District will handle all Right -of -Way activities on LAPS; this date would be set by the necessary timeframe to complete R/W activities) d) Right -of -Way to be Certified prior to advertising for Construction. (All Phase 58 LAPS) e) Construction contract to be let on or before October 30, 2006 _ _ . (For Phase 58 LAPs) (This date would be prior to the end of the Fiscal Year that the Phase 58 is programmed in FM) f) Construction to be completed on or before December 31, 2008 . (Phase 58 LAP Agreements) If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01 OAQ LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT pFFICE osros Page AGENCY NAME & BILLING ADDRESS STATE OF FLORIDA DEPARTMENT OF FPN: 414069-1-58-01 City of Tamarac TRANSPORTATION 7525 NW 881h Avenue LOCAL AGENCY PROGRAM Tamarac, Florida 33321-2401 AGREEMENT EXHIBIT "B" SCHEDULE OF FUNDING PROJECT DESCRIPTION Name: NW 82nd Street Sidewalk Installation Length: 1551 lineal feet Termini: NW81st Street/NW80th Avenue to University rive SR 817 TYPE OF WORK B Fiscal Year Y FUNDING TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS Design 2006-2007 2007-2008 2008-2009 Total Design Cost Right -of -Way 2006-2007 2007-2008 2008-2009 Total Right -of -Way Cost Construction 2006-2007 2007-2008 2008-2009 2009-2010 Total Construction Cost Construction Engineering and Inspection (CEI) 2006-2007 2007-2008 2008-2009 Total Construction Engineering Cost Total Construction and CEI Costs $80,500.00 $80,500.00 $80,500.00 $80,500.00 $80,500.00 $80,500.00 TOTAL COST OF THE PROJECT $80,600.00 $80,500.00 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE os/os Page EXHIBIT Silly SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant To This Agreement Consist Of The Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: $ $80.500.00 Compliance Requirement: Allowed Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the Federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of State and local priorities within the limit of the funds apportioned or allocated to each State. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient. Eligibility: By law, the Federal -aid highway program is a Federally assisted State program that requires each State to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTs). Projects to be funded under the Federal -aid highway program are generally selected by State DOTS or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other Federal -aid highway projects, with the territorial transportation agency functioning in a manner similar to a State DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.30 FEDERAL -AID PROJECT FUNDING REQUEST PROJMGT,RESEARCH &DEVOFC 06105 ge 1 of 2 DATE: � AGENCY: FEDERAL -AID PROJECT NUMBER:i FIN NUMBER: STATE JOB NUMBER: TIP PAGE NO.: PROJECT TITLE: f1/ PROJECT TERMINI FROM: TO: WORK PHASE: ❑ PLANNING ❑ ENVIRONMENT ❑ DESIGN ® CONSTRUC ION ❑ RIGHT OF WAY AWARD TYPE: 51 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 EA/FONSI approved on Categorical Exclusion: , and reevaluated on , and reevaluated on Programmatic Categorical Exclusion determination on Type I Categorical Exclusion determination on Type II Categorical Exclusion approved on Categorical Exclusion Reevaluation on PHASE TOTAL ESTIMATED COS LOCAL AGENCY FUNDS STATE FUNDING FEDERAL FUND PERCENT FEDERAL OBLIGATION DATE (Nearest Dollar) (Nearest Dollar) (Nearest Dollar) (Nearest dollar) FUNDS Month / Year PLANNING PD&E DESIGN R/W CONST. Gib J �(� 07 �Wj' EoTAL DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) �Roadway Width: II Number of Lanes: Bridge Number(s) on Project: Kbac DESCRIPTION OF PROPOSED WORK ❑ New Construction ❑ 3-R ENHANCEMENT ❑ CONGESTION MITIGATION r /I Roadway Width: �'s„„ Number of Lanes: 9' Bridge Number(s) on Project: � S)1��V✓1�t�- 1�5T,�-[.1�71� - f-lp G� � �Ti�►G �aa�WPy/ LOCAL AGENCY CONTACT PERSON: 01, TITLE. - PHONE: MAILING ADDRESS: CITY: ZIP CODE: LOCATION AND DESIGN APPROVAL BY: (Approving Aut y) TITLE: DATE: 525.010.30 PROD MGT, RESEARCH & DEV OFC 06105 Page 2 of 2 ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS: IRIGHT OF WAY AND RELOCATION: THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTENT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. t OAF ■� .rirrr�rr�. �MW�ed9hwMn+en} TYPE 1 AND PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST FPID No. 414069-1-58-01 Agency: Ci of Tamarac Florida ^ County: Broward Project Description: NW 82nd Street Sidewalk Installation Limits: NW81st Street/NW 80th Avenue to University Drive (SR 817) Type of Construction to be performed: Sidewalk Enhancement YES NO X Are the impacts to local traffic patterns, property access, community cohesiveness, planned community growth or land use patterns not adverse? X Are all air, noise and water quality impacts negligible or non-existent? If you are required to get a Permit from SFWMD for drainage improvements, please submit copy of permit. The SFWMD permit requirements for drainage systems address the water quality issue. NONE If there is wetland involvement, does it qualify for either Nationwide or General Permit? Provide correspondence with permitting agencies that your projects meet this criteria. X Can the project proceed without a U.S. Coast Guard Permit? Provide back up documentation confirms that no permit is required. X Are any or all floodplain encroachments not significant in accordance with Part 2, Chapter 24 of PD&E Manaual? littp.//,A-,N�v.dot.state.fl.us/emo/pubs/pdemai-i/pdemal'i.htm X Will endangered and threatened species and their critical habitats remain unaffected? Depending on where your project is located, F.DOT may require that you submit correspondence with USFWS, NMFS and FFWCC regarding the occurence of listed species in the project area. X Is there no right -of -way or an insignificant amount of right-of-way required for the project? X Are the residential or business relocations for the project not significant? X Is Section 4(f) not applicable to the project? .Please provide location maps showing the project limits and adjacent public lands, if any. NONE Have properties protected under Section 106 which are taken, used or in close proximity to the project been identified and if applicable reviewed by SHPO, and has a determination of "No Effect" been given? A review of the National. Register of Historic Places, as well as, State Historic Preservation Office (SHPO) Master Site file will determine if there are any historic or archeological sites within or adjacent to the proposed work that may be impacted by the project. This is another activity that did. not receive exemption from the Governor's Executive Order Coordination with SI4PO is recommended. 'In the even there is a cultural resource within the area, a letter from SHPO stating that there are no adverse impacts to the feature should accompany this checklist memorandum. X Is the Contamination involvement not significant? Contamination issue may cause cost increases to a project. The Department will not reimburse for Co.ntaiminati.on Abatement. X The project does not require public hearing or an opportunity for a public hearing? IMPORTANT If the answer to any of these questions is No, then a Type 1 Programmatic Categorical exclusion does not Apply. Figure 3.2 Type 1 and Programmatic Categorical Exclusion Checklist (continued) TYPE I AND PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST FP1D No. 414069-1-58-01 Agency: Ci of Tamarac Florida County: Broward Project Description: Sidewalk Enhancement FINDING, - This project has been evaluated and has been determined to meet the conditions as set forth in the PD&E Manual, Part 1, Chapter 3, therefore: This project is a Programmatic Categorical Exclusion per F'HWA approval on March 1, 1995 As amended on September 4, 1996, December 7, 2000, and the FHWA and the FTA Agency Operating Agreement executed on February 12, 2003. X This project is a Type I Categorical Exclusion under (23 CFR 771.117 c) effective November 27, 1987,.Emergency Repairs under 23 USC 125. Agency Concurrence: a Date: August 23 2006 LAP Administrator: FDOT Concurrence: John E. Doherty, P.E. District 4 Environmental Administrator (NOTE: This is a sample checklist for District use.) Date: Date: LOCAL AGENCY PROGRAM MEMORANDUM Required back-up the Environmental Checklist Type 1 Categorical Exclusion Date: August 23, 2005 To: FDOT LAP Administrator, District 4 From: John E. Doherty, P.* Copies: Project File Subject: Agency Name: City Of Tamarac, Florida FM No.: 414069-1-58-01 County: Broward Description: Sidewalk Enhancement -- NW 82°d Street This project is a Type 1 Categorical Exclusion under 23CFR 771.117(c.), effective November 27, 1987. It provides for the construction of pedestrian paths, namely sidewalks. It has been determined that the project will not cause adverse impacts to existing local traffic patterns, property access, community cohesiveness, planned community growth, land use patterns, air, noise, or water quality. It has been determined that the project will have negligible or nonexistent impacts to: Wetlands: There are no mangroves or wetlands occurring adjacent to the project area. No additional right of way will be required for this project. Thus, no impacts to mangroves or wetlands should result from the proposed project. Seagrass: There are no types ofseagrass occurring in or adjacent to the project area. This area is not considered Critical Habitat for Johnson's Seagrass. No additional right of way will be required for this project. All project activities will occur landward of the mean high water line. Thus no impacts to seagrasses shall result from the proposed project. Coastal Resources: Because the project is not located with the Coastal Barrier Resource Area (CBRA) and because all project activities will occur landward of the mean high water line, no impacts to the CBRA are anticipated from the proposed project. Protected Species: There is no evidence for Federal and State listed animal species to inhabit or migrate through the project area. Protected species may include, but are not limited to, the bald eagle, sandhill crane, and eastern indigo snake. However, general notes have been added to the construction plans that require the contractor to comply with Jeo.docs all Federal and State requirements regarding endangered and threatened species and State listed species of special concern. Thus, no impacts to protected species should result from the proposed project. Water Quality: All project activities will be conducted above the mean high water line. Therefore, the water quality will not be impacted. Additionally, any required turbidity barriers and/or staked silt fence will be used at all locations to meet the NPDE$ requirements. Contamination: There will be no subsurface disturbance during the installation of the materials. Therefore, contamination issues are not anticipated for this project. Cultural Resources It has been determined that there are no historic buildings and/or prehistoric archaeological sites in the vicinity of the project. General notes have been added to the construction of plans that prohibit the contractor from staging and/or stockpiling construction materials or equipment on public lands (parks, cemeteries, properties on the national Register of conservation lands). Additional right-of-way will not be required, and there will be no relocations. No public hearing is required. Thus, properties protected under Section 4(f) of the US Department of Transportation Act should not be impacted by the proposed project. 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AGENCY PROGRAM/FDOT NO ADDITIONAL RIGHT OF WAY CERTIFICATION R/W ITEM/SEGMENT NO.: CONST. ITEM SEGMENT NO.: F.A.P. NO.: COUNTY: [3►Bc& PREFERRED LETTING DATE: MANAGING DISTRICT: ,ram STATE ROAD: 575-095.09 RIGHT OF WAY 11/01 DESCRIPTION: r ♦ ,/ 1 a �.L LOCALe• This is to certify that right of way for the above described project meets the requirements of 49 CFR, Part 24 and 23 CFR, Part 635.309, if applicable, as well as statutory and procedural requirements for: ❑ Federal Construction Project ❑ State Highway System Project ❑ Non-federal Construction Project ® Non -State Highway System Project ❑ Scenic Enhancement Project (no construction) as detailed below: (Check applicable items) 1. TITLE TO RIGHT OF WAY ® No additional right of way was required for this project. 2. RELOCATION ASSISTANCE ® No persons, businesses, or personal property have been or will be displaced by this project. 3. DEMOLITION OF IMPROVEMENTS ® No structures or improvements have been or will be removed from the right of way for this project. RIGHT OF WAY CERTIFICATION BY THE AUTHORIZED LOCAL AGENCY REPRESENTATIVE: • _mil ��:. .!+4 Z RIGHT OF WAY CERTIFICATION BY: District Right of Way Manager Assistant District Right of Way Manager Date ig A 0. If 0 N x �C ao tH cl ozi tog . ;�i• q L1'�n � FG &' n' � � �. & Ta s3 � �w m ;� .c� c� . �' $:.�cs � ell Y H 4 .�+ y-} M O N n e.1 b Y AG U U M N Y ,� G sa cx v o A. 4 aA N V I y AO � qp Oil Y 72. 7K 46 Q �� ?' •A. � � G!7 �i � .�:.:-������C9'. O�. � � [!: PG W Li, Cki u < 7 o 7 •C u... 0 c , � C ItFFF�yyyYYY' M N N V y p �yY� No Text OC. w) 1M N C 0 M N pU� U r a Y d � CLV� U�•„y�� 0 cv aai $.`tS U NV +r `O tVGtl G Q 1y A •Er w cea as ; M � � w� ► � �' T a 4 z .a3i 4 OA •� U 0���� S n. U C� �yy U 2 Oo A F ate. N W'� � G � •� N Z' � y 21 � }�P�, O G L o ya Y l�I✓. 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