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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-106Temp. Reso. #10418 April 15, 2004 Revision 1: April 22, 2004 Revision 2: May 4, 2004 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004-y6 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 A BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION TRANSPORTATION IMPROVEMENT PROGRAM FOR NOB HILL ROAD FROM COMMERCIAL BOULEVARD TO WESTWOOD DRIVE TO INCLUDE THE DESIGN AND INSTALLATION OF LANDSCAPING, IRRIGATION, CURBING AND BRICK PAVERS WITHIN THE MEDIANS; 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's Local Agency Program (LAP) attached hereto as Exhibit 1; and WHEREAS, the City of Tamarac has been assigned funds amounting to $22,500 for design and $202,500 for construction by the Broward County Metropolitan Transportation Improvement Program for certain improvements to the medians along Nob Hill Road from Commercial Boulevard to Westwood Drive; and WHEREAS, the City of Tamarac currently maintains the median landscaping on Nob Hill Road; and WHEREAS, the City of Tamarac proposes to design and install landscaping, irrigation, curbing and brick pavers within the medians of Nab Hill Road from Commercial Boulevard to Westwood Drive; and WHEREAS, after the design and installation of the landscaping, irrigation, curbing and brick pavers, the City of Tamarac will continue to maintain the medians at a reoccurring incremental increased expense; and and Temp. Reso. #10418 April 15, 2004 Revision 1: April 22, 2004 Revision 2: May 4, 2004 Page 2 of 3 WHEREAS, the Director of Public Works recommends approval of this Agreement; 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 State of Florida Department of Transportation for participation in a Metropolitan Planning Organization Transportation Improvement Program for Nob Hill Road from Commercial Boulevard to Westwood Drive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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 Local Agency Program Agreement with the State of Florida Department of Transportation for participation in a Metropolitan Planning Organization Transportation Improvement Program for Nob Hill Road from Commercial Boulevard to Westwood Drive to include the design and installation of landscaping, irrigation, curbing and brick pavers within the medians, attached hereto as Exhibit 2. 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 [ - -11 L 1 LJ 1 SECTION 5 passage and adoption. Temp. Reso. #10418 April 15, 2004 Revision 1: April 22, 2004 Revision 2: May 4, 2004 Page 3 of 3 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 12th day of May, 2004. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. �MITCHELL . F CITY ATTORN J E SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER ay-� DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISC DIST 3: V/M SULTANOF-1 DIST 4: COMM. ROBERTS C�Q 1-15/03 17 :- .37 F:1S 9547242454 CITY OF T.A)faRAC CITY XGR ^OGJ05/2003 a4:48 9547774551 FDOT MAFPINC3 Florida Department of Transportation 3,100 West Commercial geulevard JE3 RUSH FL Lauderdale, Plodda 35309,3421 GOVERNOR April 02, 2003 Mr, Teiffery L. Miller. City Nj nager City of Tamarac 7525 TTorth West 88* Ave. T=ir ac Florida 33321.2401 pear Ir. IWfzller; gngJ-ECT. LOCAL AGENCY PROGRAM CERTMCATION Z 002 PAGE 02/02 Exhibit 1 Temp. Reso.#10418 THOM S F. 33AiiRY, JR SECRETAAY We have reviewed your application for Local Agency Program (LAP) certification. We, are pleased to inform you qualify for certification in the following general areas: 1. Consultant selection and design.. 2, Sid and award coustsuctioiL 3. Const-wtion Adminimaion. C ae (1) Original signed, certification qualification is enclosed far your records. Thank you for showing a continuing interest in the Local Agency Program. I will be happy to assist you further in submitting the application, for the LAP Agreement, You can contact me at (954) 777-4309 if you have any questions. Sincerely, Steve Gon6t Dls lct LAP Administer A �U;)i0a 17 '*-Al 9547242454 y CITY OF T.ILtARAC CITY XGR Z002 @6185/20@3 J.4: 43 954777459: FDOT Mr-1Fp:i11G FACE Z Exhibit 1 Temp, Reso.#10418 Florida Department of Transportation 9400 West C4rnmercW SoullMrd %LB RL"S:Y FL Lauderdale, Flcrlda IHayL�S 7 TARRY. J; GOVERNOR S CRETARY April02, 2003 N -, Te,ffery L. ti2iller. City rvjaf lager City of Tamarac 7525 rTorth West SS* Ave. T =ir= Florida 33321.240 i pear N&. Miller' SVMXECT. LdC_ M AGENCY PROGRAM CF.RTMCATIC'1N We have reviewed your application for Local Agency Program (L-U) certification. We are pleased to inform yvu qualify for cectiScatiou in the follovring general areas: 1. Consujtaut selection and design. 21 Sid aad award const mctioz - 3. Const u;don Adminisruatian: Qae (1) original signed cer if cation qualification is enclosed for your records. Thank you for showing a continuing interest in the Local Agency Program I will be happy to assist you further in submitting the application far the LAP Agreement, You can contact me at (954) 777.4309 if you have any qucstiaus. Sincerely, Stave G=6t District LAP Administer o PROGRAM MANAGEMENT OFFICE 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Telephone No. (954) 777-4496 April 7, 2005 Mr. Lee Rowbotham, P.E. City Engineer City of Tamarac 7525 NW 88"' Avenue Tamarac, Florida 33321-2401 Dear Mr. Rowbotham: SUBJECT: NOTICE TO PROCEED FOR DESIGN FM No. 411894-1-38/58-01 County: Broward Contract No. ANY97 Description: Nob Hill Road from Commercial Blvd. to Westwood Dr. This is to inform you that the FDOT gives you this Notice to Proceed dated April 7, 2005 for design only. At this time, the total amount of funds authorized for the design phase is .$22,500.00. There is an additional $202,500.00 for construction, however, the construction funds will not be available until after July 1, 2005. The Federal Highway Administration will not authorize these funds until the design portion is complete and billed out. Please do not start any construction until design portion is completed and you receive a second Notice to Proceed for construction from this office. These funds are to be used only for costs reimbursable services as listed in the L.A.P. Agreement dated April 7, 2005. In order to be eligible for reimbursement by the Department/FHWA, you must comply with all applicable procedures, standards, and directives as described in the Department's Local Agency Program Manual. For reimbursement by the department, please provide 5 original invoices with back up material including copies of checks issued by the city to the consultant/contractor. Send the invoice package to Ronald E. Holmes, District Program Coordinator, Florida Department of Transportation, Program Management Office, at 3400 West Commercial Blvd., Ft. Lauderdale, Florida 33309-3421. Telephone No. (954) 777-4496. Please provide the department a copy of the City Audit Report each year during the life of the project. Send this report to Steve Gonot, District Local Agency Program Administrator,. Florida Department of Transportation, Program Management Office, at the same address as shown above. Be advised that this contract will expire on December 31, 2007. If you anticipate that the project will not be completed prior to the expiration date, the agency will need to ask for a time extension. This request is needed a minimum of 90 days prior to the expiration date. Send the time extension request to Ronald E. Holmes, District Program Coordinator. Page 2 FM No. 411894-1-38/58-01 April 7, 2005 After the project is completed, please provide a signed original copy of the Final Inspection and Acceptance of Federal -Aid Project, Form 700-010-32 as shown in the LAP Manual. Send this to Ronald Holmes, District Program Coordinator. This will be needed to close the project on the federal side. Thank you for your continuing support of the Local Agency Program. For inquires contact Mr. Steve Gonot, District Local Agency Program Administrator, at (954) 777-4309 or me at (954) 777-4496. Sincerely, Ronald E. Holmes District Program Coordinator REH:reh cc: Mr. Steve Gonot, District L.A.P. Administrator File us L4 Exhibit 2 Temp. Reso.*10418 �S State of Florida Department of Transportation 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT CONSTRUCTION OGC -12102 Page 1 Of 12 FPN No 4118941--38/58--01 Fund: 5E FLAIR 55042010448 App rop 088867 Federal No: Org, Code: FLAIR Obj.; FPN No. Fund: FLAIR Approp: Federal No: Org. Code: FLAIR Obj.: County No. 86 Contract No: AN49,�., VendorNo.: VF591039552001 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of _gP R 1 t- __y C7S by and between the STATE OF FLORID, QEPAPTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and icy Q amarac hereinafter called the Agency. WI TNESSETH: WHEREAS, the Agency has the authority to enter into said 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 334.044, Florida Statutes toenter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Trans. Imp. Program and as further described in Exhibit "A" attached hereto .and by this reference made a part hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and -state the terms and conditions updn which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Modifications and Additions: Exhibit(s) A&B are attached hereto and by this reference made a part hereof. 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and 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. 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 December 31, 2007 If the Agency does not complete the project within this time period, this Agreement will expire on the last day of 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 the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Funds of the Agency: 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. 525-010-40 CONSTRUCTION OGC -12l02 Page 2 of 12 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 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is $225,000.00 This amount is based upon the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. 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 of this agreement. 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 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; 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: "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 contract until the Agency has received a 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 law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost. (23 CFR 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, 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. 525-01 "0 CONSTRUCTION OGC - 12/02 For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced Page 3 of 12 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 established in Exhibit "B" 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 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 five(5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes 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 five(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 the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved schedule of 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: 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. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133 shall be submitted to the awarding FOOT office, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. 525-010-40 CONSTRUCTION OGC - 12/02 Page 4 of 12 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 finding is required. Current year audit findings require corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 Fast 10th Street Jefferson, IN 47132 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. (Section 287.058(1)(c), Florida Statutes) 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 CFR 24, Appendix B and be submitted to the Department no later than October 15 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 287.05B(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 3-Travel 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 sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Department. 525-010-40 CONSTRUCTION OGC - 12/02 Page 5 of 12 7.00 The Department's 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 or 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, this 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 herein; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Aqreement. 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 the FHWA, may designate as ineligible for federal -aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project 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 for the project, 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 one hundred twenty (120) day time period may not be paid. 8.00 Termination or Suspension of Project: 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 the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the 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 costs approved by the Department or upon the basis of terms and conditions 525-010-40 CONSTRUCTION OGC-1=2 Page 6 of 12 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 the 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 an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency 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: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, 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 regulations apply to this Agreement. 10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part of this project, the Agency must comply with applicable federal and state regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all federal -aid contracts — 49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the Agency from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, the Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered "debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a copy of those regulations. 525-010-40 CONSTRUCTION OGC - 12/02 Page 7 of 12 The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the Department, without modification, in all contracts and in all solicitations for contracts. The Agency may rely upon a certification of a prospective sub -contractor that the person or entity is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub -contractors. The Agency rnay, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which is normally processed by a prudent person in the ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended, Proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the Agency is unable to certify to any of the statements above, an explanation shall be attached to this proposal. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the performance 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 in all contracts 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 (42 U.S.C, 2000d), the Regulations of the Federal Department of Transportation issued thereunder, 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. 525-010-40 CONSTRUCTION OGC - 12/02 Page 8 of 12 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134 Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, maintained 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 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 his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired any such interest prior to the beginning of his tenure, 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 subsection, 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. 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 two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection 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. 12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental regulations and 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 party other than the Agency. 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. 525010-40 CONSTRUCTION OGC - 12M2 Page 9 of 12 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that 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 the 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 the Agreement. The parties agree that this clause shall not waive the benefits or provisions of Section 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 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 section. 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 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 regarding the remainder of the project. Failure to obtain this written approval shall be sufficient cause for 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 facility, that adequate title is in the Agency, and that 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 aqreement. 525-010.40 CONSTRUCTION OGC - 12M2 If any funds other than federally appropriated funds have been aid b the Agency to an Page,00rl2 p Y 9 Y y 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 section 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 Leqislature 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 iM will Q will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five 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 Florida Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and 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 an 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 Florida 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 at 1-800-848-3792. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENC By: Mayor Title: ty ganager :I Attest: TiN... STATE OF FLQRIDA DEPARTMENT OF TRAN By: Title: ZIRECTOR,<IF TRANSPORTATION Attest:: Title: r As to form: See attached Encumbrance Form for date of funding approval by Comptroller. OF 525-010-40 CONSTRUCTION OGC - 12102 Page 11 of 12 FPN NO 4118941--38/5 8-01 EXHIBIT A Project Description and Responsibilities This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of Transportation and The City of Tamarac, 7525 N.W. 88th Avenue, Tamarac, FL 33321 Dated April 5, 2004 PROJECT LOCATION: Nob Hill Road from Commercial Blvd. to Westwood Drive The project 0 Is Uis not on the National Highway System. The project O is Uis not on the State Highway System. PROJECT DESCRIPTION: Median beautification (including curbing, paving, irrigation and landscaping) throughout the project limits SPECIAL CONSIDERATION BY AGENCY: 1►G;:la SPECIAL CONSIDERATION BY DEPARTMENT: This is a split year funded project. Funding for the design portion is in the year 2004/2005 in the amount of $22,500.00. Upon execution of this contract by all parties, the department will issue a "Notice to Proceed" for the design portion only. Funding for the construction portion is in the year 2005/2006, in the amount of $202,500.00. Construction funds will not be available until after July 1, 2005. Prior to the start of construction, the agency is required to final invoice on the design portion. Upon final invoicing for the design portion, the department will issue to the agency a second "Notice to Proceed" for the construction portion. The agency should not start construction without the construction "Notice to Proceed" as this will cause reimburse issues. 525-010.40 PROJ MGT, RESEARCH & DEV OFC OGC - 11/03 Page 12 of 12 AGENCY NAME & BILLING ADDRESS FPN. NO. City of Tamarac STATE OF FLORIDA DSPART NT OF TRANSPORTATION LOCAL AGENCY PROGRAM 411894-1-38/58-01 7525 N.W. 88th Avenue AGREEMENT Tamarac, FL 33321 EXHIBIT "B" SCHEDULE OF FUNDING PROJECT DESCRIPTION Name Nob Hill Road Landscape Improvements Length 1.1 mi. Termini Commercial Blvd. to Westwood Drive TYPE OF WORK by Fiscal Year FUNDING (1) TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS P.E. 2003-2004 2004-2005 2005-2006 Total PE $22,500.00 $22,500.00 $22,500.00 $0.00 $22,500.00 Right -of -Way 2003-2004 2004-2005 2005-2006 Total Ri ht- f- $0.00 $0.00 $0.00 Construction 2003-2004 2004-2005 2005-2006 2006-2007 Total Contract Costs Construction Engineering and Inspection 2003-2004 2004-2005 2005-2006 Total Construction Engineering Total Construction Cost $202,500,00 $202,500.00 $202,500.00 $0.00 $202,500.00 $0.00 $0.00 $0.00 $202,500.00 $0.00 $202,500.00 ESTIMATED TOTAL COST OF THE PROJECT $225,000.00 $0.00 $225,000.00 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after July 1st each fiscal year. The Department will notify the Agency, in writing, when funds are available. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.30 FEDERAL -AID PROJECT FUNDING REQUEST CONSTRUCTION crvw DATE: April 5, 2004 PIP 1012 AGENCY: City of Tamarac FEDERAL -AID PROJECT NUMBER: FIN NUMBER: 4118941 STATE JOB NUMBER: TIP PAGE NO.: 839 PROJECTTITLE: Nob Hill Road (Median Beautification) PROJECTTERMINIFROM: Commercial Blvd. TO: Westwood Drive WORK PHASE: ® PLANNING ❑ ENVIRONMENT [3 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 t A/FONSI approved on , and reevaluated on Categorical Exclusion: Programmatic Categorical Exclusion determination on April 5, 2004 Type I Categorical Exclusion determination on _ARril 5, 2004 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 22,500.00 22,500.00 100 PD&E DESIGN RIW CONST. 202,500.00 202.1500.00 100 TOTAL 225,000.00 225,000.00 100 DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) Roadway Width: Number of Lanes: Bridge Number(s) on Project: DESCRIPTION OF PROPOSED WORK ❑ New Construction ❑ 3-R ® ENHANCEMENT ❑ CONGESTION MITIGATION Roadway Width: Number of Lanes: 4 Bridge Number(s) on Project: N A t LOCAL AGENCY CONTACT PERSON: Lee C. Rowbotham TITLE: Project Manager MAILING ADDRESS: 6011, Nob Hill Road PHONE: 954 724-2539 CITY: Tamarac ZIP CODE: 33321 LOCATION AND DESIGN APPROVAL BY: 6 • 1 .( �(Ap�,pqv gAuthgrity) TITLE: GfT`1 G� 6.,1i DATE: ID' �.0. 0 CONSTRUCTION WOO Page zorz 04 AGENCY: �amXrac PROJECTTITLE: Nob Hill Road (Median Beautification) DATE: /05/04 ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS: N/A RIGHT OF WAY AND RELOCATION: N/A i HIS 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. Ar;FNrw, City of Tamarac DATE: BY: TYPE 1 PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST FM NO. 4118941-38/58-01 CONTRACT NO. PROJECT LOCATION: Nob Hill Road from Commercial Blvd. to Westwood Drive PROJECT DESCRIPTION: Median Beautification (including curbing, paving, irrigation and landscaping) throughout the project limits YE_ S NO QUESTIONS Are the impacts to local traffic patterns, property access, community cohesiveness, x planned community growth or land patterns not adverse? Are all air, noise, and water quality impacts negligible or non-existent? x � - If there is wet land involvement, does it qualify for either Nationwide or General N/A Permit? Can the project proceed without a U.S. Coast Guard Permit? x Are any or all flood plain encroachments not significant in accordance with Part 2, x Chapter 24? x Will endangered and threatened species and their critical habitats remain unaffected? x Is there no right-of-way or an insignificant amount of right-of-way required for the project? - x Are the residential or business relocations for the project not significant? _ Is Section 4(f) not applicable to the project? Have properties protected under Section 10E which are taken, used or in close x proximity to the project been identified and if applicable reviewed by SHPO, and has a determination of "No Effect" or No Adverse Effect" been given? x Has the contamination involvement not significant? x The project does not require a public hearing or an opportunity for a public hearing? IMPORTANT If the answer to any of these questions is NO, then a Type 1 or Programmatic Categorical Exclusion does not apply. Figure 3.2 Type 1 and Programmatic Categorical Exclusion Checklist (continued) Rev. 10/31/97 PART 1, Chapter 3 3-25 REQUEST FOR AUTHORIZATION (RFA) CHECKLIST • Federal Aid Project No. • FM No. 4118941-38/58-01 ` County: Broward Project Location: Nob Hill Road from Commercial Blvd. to Westwood Drive Scope of Proposed Work -for this RFA (Detailed Explanation): Landscaping improvement in median 1. Project is on approved Federal Aid system: '2. Sketch Map is included in package: 3. Advance notification sent: 4. Project exempt from the Intergovernm' ental Coordination and Review (formerly A-95) . 5. Location Approval Granted: 6. Design Approval Granted: X Yes X Yes X Yes X Yes - X Yes X Yes '7. The environmental document was processed under WPI # N!A FM # and Federal Aid Project # No No No No No No 4118941-38/5R/O1 " 8. The project is a Categorical Exclusion under (check one) ( X . ) 23 CFR 771.117(c) or ( ) "Programmatic" as approved by FHWA and listed in the Project Development and Environmental Manual COMPLETE THE FOLLOWING IF APPLICABLE: This project was re-evaluated in accordance with 23 CFR 771.129 on '9. The environmental document for this project was a (check one) (�) Categorical Exclusion under 23 CFR 771.117(d) approved on April 14 2( 004 ) FON81 under 23 CFR 771.121 approved on (_ ,,j Final Negative Declaration approved on , or Final Environmental Impact Statement under23 CFR 771.125 approved on , A reevaluation in accordance with 23 CFR 771.129 was approved on 10. Project is on page no. of the current STIP. 11. Project is not in the STIP. Please ad it at this time. *12. This project will X will not be developed under the terms of Florida's Certification Acceptance program for Final Design Phases, Award and Construction as approved by FHWA on August 9, 1991, Design ONLY*covered under CA X yes no. Award and Construction covered under CA X yes no. Additional requirements for all urban areas. 0 1. Project is on page no. , Item no. of the current TIP for the • 2. The urban area has been certified yes - Addition requirements for all toll facilities. iita urban areas. 0 1. Project is or is not on a toll facility. Project is proposed as a toll facility yes no. • 2. A Section 129 Agreement must be executed prior to requesting authorization of projects on existing or proposed toll facility. Attached yes. " Required Items STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM/FDOT NO ADDITIONAL RIGHT OF WAY CERTIFICATION 575-095-09 RIGHT OF WAY 11/01 R/W ITEM/SEGMENT NO.: CONST. ITEM SEGMENT NO.: F.A.P. NO.: COUNTY: BROWARD PREFERRED LETTING DATE: June 30, 2004 MANAGING DISTRICT: STATE ROAD: DESCRIPTION: MEDIAN BEAUTIFICATION FOR NOB HILL RD. FROM COMMERCIAL BLVD. TO WESTWOOD DR. LOCAL AGENCY: CITY OF TAMARAC 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 ❑ Non-federal Construction Project ❑ State Highway System Project ❑ Nan -State Highway System Project J,] Scenic Enhancement Project (no construction) as detailed below: (Check applicable items) 1. TITL TO RIGHT DF WAY E] 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: y1ex �f Name (printed): LEE C. ROWBOT_H_TM Date Title Agency PROJECT MANAGER CITY OF TAMARAC RIGHT OF WAY CE FIC T N BY (strict Right of Way Hager Assistant District Right of Way Manager y/0 ate No Text