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2008-066 Local Agency Program Agreement with FDOT u RESOLUTION 2008-66 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATING TO THE RECEIPT OF FEDERAL FUNDS FOR THE ANCHORAGE PARK BOARDWALK PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village and the Florida Department of Transportation ("FDOT") seek to enter into a Local Agency Program Agreement whereby FDOT will administer federal-aid highway program funds for the wnstruction of the Anchorage Pazk Boardwalk as part of the Anchorage Pazk redevelopment project; and WHEREAS, the Village Council determines that approval of the Local Agency Program Agreement benefits the health, safety and welfaze ofthe Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 2. The Village Council hereby approves the Local Agency Program Agreement between the Village and the Florida Department of Transportation, a copy of which is attached hereto and incorporated herein, and authorizes and directs the Mayor and Village Clerk to execute the Agreement on behalfofthe Village. Section 1. The foregoing recitals are hereby adopted and incorporated herein. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 25th DAY OF SEPTEMBER 2008. (Village Seal) `~, ATTEST; ' ~~~ ~ MA R ~~~~ ~~~ VILLAGE CLE • ~~ STATE OF FLORIDA OEPARTMEM OF TRANSPORTATION 525-Ot0-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 1 FPN: 422175-1-A8-01 Fund: FLAIR Approp: Federal No: 9048-083-C Org Code: 55043010404 FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No:' Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No: Contract No: AP G 3 ~}- Vendor No: F596017984-012 Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this 3. day of ~ OOe~ibSn- , Zn68 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and Village of North Palm Beach hereinafter called the Agency. WtTNESSETH: 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: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Anchorage Park Boardwalk 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, L &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 Aoencv 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. Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will be responsible for the remaining unbilled funds on the project, No other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHWAj withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP projects. Removal of All Funds STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 2 If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31. 2010. 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. 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 $ 500.000.00. 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(5)(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 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE oa~o~ Page 3 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 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 cast (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 tie 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 the Agency may be subject to audits and/or monitoring by STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010<0 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Paga 4 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 the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I -Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. 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 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II -State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), 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 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. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010<0 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/0] Paga 5 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have 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). 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 111 -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 or evaluations of state financial assistance or limit the authority of any other state official. Part IV -Report Submission: 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, Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309 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 101h 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, Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309 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: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 0310] Paga 6 Barbara Handrahan, Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309 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, Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309 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, Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309 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. Part V -Record Retention: 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 (Sectipn 287.058(1) (c), Florida Statutes). STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 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 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 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. 5.00 Termination or Suspension of Project: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page B 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 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 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 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/01 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 shalt 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, Florida Statutes, 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 anon-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 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 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. 13.08 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. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-070-00 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03!01 Page 11 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 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 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. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 12 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY VILLAGE OF NORTH PALM BEACH By: ~ • `/ 6 'Name: ~~/ ~, /~~yu~"~ Title: ~ 0~ STATE OF FLORIDA DEPARTMENT OF By. Name: Tine: Director of Transportation [ Attest: ' / J~ .9 1 ~ A . ~ TION ®F ~~~ 9, '~., Title: ~ ~~/~~E ~~~~ As to form: Attorney See attached Encumbrance Form for date of As to form: ~o~ ~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES s2s-aioaa PROJECT MANAGEMENT OFFICE 08/06 Page FPN: 422175-1-A8-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Village of North Palm Beach Dated: 9/15/08 PROJECT LOCATION: The project is X is not on the National Highway System. The project is X is not on the State Highway System. PROJECT DESCRIPTION: Anchorage Park Boardwalk SPECIAL CONSIDERATIONS BY AGENCY: 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) N/A Study to be completed by N/A .(Phase 18 and 28 LAP Agreements) b) Design to be completed on or before Complete. (Phase 38 LAP Agreements) c) Right-of-Way requirements identified and provided to the Department by N/A (All LAPS requiring R/W) (District will handle all Right of Way activities on LAPD, the 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 January 2009 . (For Phase 58 LAP) (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 Mav 2009 . (Phase 58 LAP Agreement) 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. This project is for Construction Only in the year 09/10 in the amount of $500,000.00. Upon execution of this agreement by all parties, the Department will provide to the Agency ONE EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency should not start any construction prior to the ONE EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency will only be reimbursed for costs incurred after the executed agreement date and prior to the agreement or time extension (if required by a request for a time extension from the Agency) date. Any unused funds will be deleted by the Department and the Federal-Aid Office upon completion and final billing. Upon completion of the project, the Agency is required to notify the Department of the date of completion and final invoicing. The Department may require an on site inspection with the Agency SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40 LOCAL AGENCY PROGRAM AGREEMENT PRaEDT MANADEMEPtr DFFIDE aeros ~Ba EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 422175-1-AB/58-01 ~Ilage of North Palm Beach 501 US Highway 1 North Palm Beach, Florida 33408 PROJECT DESCRIPTION Name: Anchorage Park Termini: Pedestden overpass Length: FUNDING TYPE OF WORK By Fiscal Year (tl PROJECT FUNDS t2I FUNDSY (3) FEDERAL FUNDS Planning 2006.2007 2007-2008 2008-2009 Total Planning Cost ProJact Development 8 Environment (PDBE) 2006-2007 2007-2008 2008-2009 Total PDBE Cost Design 2006-2007 2007-2008 2008-2009 Total Design Coat Right-of-Way 2006.2007 2007-2008 2008.2009 Total Ri ht-of-Wa Cost ConaVUCtton 2006-2007 2007-2008 2008-2009 2009-2010 500.000.00 500,000.00 Total Construction Cost Construction Engineering and Inapectlon (CEI) z z ? s - oo oo 2007-2008 2008 2 09 - 0 Total CEI Cost Total Construction and CEI Costs 500 000.00 500,000.00 TOTAL COST OF THE PROJECT 500,000.00 500,000.00 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 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 P80e EXHIBIT "L" LANDSCAPE MAINTENANCE AGREEMENT (LMA) Paragraph 13.14 is expanded by the following: The Department and the Agency agree as follows: 1. Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA, the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards, and procedures hereinafter called "Project Standards:' Specifically, the Agency agrees to: a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects; b) Properly mulch plant beds; c) Keep the premises free of weeds; d) Mow and/or cut the grass to the proper length; e) Properly prune all plants which responsibility includes removing dead or diseased parts of plants and/or pruning such parts thereof which present a visual hazard for those using the roadway; and f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original Project Standards. The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below Project Standards caused by the Agency's failure to maintain the same in accordance with the provisions of this LMA. In the event any part or parts of the project, including plants, has to be removed and replaced for whatever reason, then they shall be replaced by parts of the same grade, size, and specification as provided in the original plans for the project. Furthermore, the Agency agrees to keep litter removed from the project highway. 2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in conformance with the applicable Project Standards, the Department, in addition to its right of termination under paragraph 4(a), may at its option pertorm any necessary maintenance without the need of any prior notice and charge the cost thereof to the Agency. 3. It is understood between the parties hereto that any portion of or the entire project may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency shall be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove all or part of the project at its own cost. The Agency will own that part of the project it removed. After the 60-day removal period, the Department will become the owner of the unresolved portion of the project, and the Department then may remove, relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of the project. 4. This LMA may be terminated under any one of the following conditions: a) By the Department, if the Agency fails to perform its duties under this LMA following 15 days' written notice; or STATE OF FLORIDA DEPARTMENT'OF TRANSPORTATION 32S010A0 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE OS~O6 Pege EXHIBIT "L" (continued) LANDSCAPE MAINTENANCE AGREEMENT (LMA) b) By either party following 60-calendar days' written notice. 5. In the event this LMA is terminated in accordance with paragraph 4 hereof, the Agency shall have 60 days after the date upon which this LMA is effectively terminated to remove all or part of the remaining project at its own cost and expense. The Agency will own that part of the project it removed. After the 60-day removal period, the Department then may take any action with the project highway or all or part of the project it deems best, with the Agency being responsible for any removal costs incurred. 6. This LMA embodies the entire agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This LMA may not be assigned or transferred by the Agency, in whole or in part, without consent of the Department. 8. This LMA shall be governed by and construed in accordance with the laws of the State of Florida. 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. mail, postage prepaid, registered or certified with return receipt requested: a) If to the Department, addressed to: Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, Florida 33309 or at such other address as the Department may from time to time designate by written notice to the Agency; and b) If to the Agency, addressed to: Mr. Chuck Huff, Village of North Palm Beach 501 US Highway One North Palm Beach, Florida 33411 or at such other address as the Agency may from time to time designate by written notice to the Department. 10. This LMA, if attached as an exhibit to the Agreement, forms an integral part of the Agreement between the parties dated October 2008.. All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and other instruments. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01440 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE OB/O6 Pege EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: $ 500,000.00 Compliance Requirement: Allowable 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 recipienUsub-recipient. EIIgIbllPty: 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 PROJ MGT, RESEARCH BDEV OFC 06/05 DATE: 9/15/2008 AGENCY: Village of North Palm Beac FEDERAL-AID PROJECT NUMBER: ( ) FIN NUMBER: 422175-1 STATE JOB NUMBER: TIP PAGE NO.: PROJECT TITLE: Anchorage Park Boardwalk PROJECT TERMINI FROM: TO: WORK PHASE: ^ PLANNING ^ ENVIRONMENT ^ 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 _ 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 $0.00 $0.00 $0.00 $0.00 .0.00 PD&E $0.00 $0.00 $0.00 $0.00 0.00 DESIGN $0.00 $0.00 $0.00 $0.00 0.00 R/W $0.00 $0.00 $0.00 $0.00 0.00 CONST. $500000.00 $0.00 $0.00 $500000.00 100.00 TOTAL $500000.00 $0.00 $0.00 $500000.00 100.00 DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) Roadway Width: Number of Lanes: Bridge Number(s) on Project: Anchorage Park Boardwalk DESCRIPTION OF PROPOSED WORK ® New Construction ^ 3-R ^ ENHANCEMENT ^ CONGESTION MITIGATION Roadway Width: Number of Lanes: Bridge Number(s) on Project: LOCAL AGENCY CONTACT PERSON: Charles Huff TITLE: Director of Community Develop MAILING ADDRESS: 501 US Highway 1 PHONE: 561) 841-3369 CITY: North Palm Beach, Florida ZIP CODE: 33408 LOCATION AND DESIGN APPROVAL BY: pproving ut on y TITLE: 0~ DATE: 1011 /2008 525-010-30 PROJ MGT, RESEARCH 8 OEV OFC O6/OS AGENCY: VNPB ~ PROJECT TITLE: Anchorage Park Boardwalk ~ DATE: 9/18/2008 ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS: An Environmental Determination has been completed. RIGHT OF WAY AND RELOCATION: There is no right of way acquisition associated with this project. THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTENT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. AGENCY: Village of North Palm Beach DATE: ®~~/ ar BY: L7~0.'r CSS ."J'~F..:-.~R'7~".° ?Qi r~'".~'..ri?fa~w.J f~14P d~ER1'C~Fl~A1'tOt+9 fta"U±t t"iEC~'$'~~(`,ACtzi~' L~tO.: 4r3C55TR1Jti'~t~N tT~MfJ~~i:"~.iu~~` ti4L".. ~~.P.'t'F9. 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TCti~.'3I"~C S1?!t ~'a'17$ _ ry G.. f'f7 ~ ~ . i ~~.~i~4~T ~t +'X ~ ~ ~v ~ y , ~p ~g y~ 5 d ~p~ ~, iY.{:~~~~li,~~~11'wa':. ~:~~4'.::1. ~u`lY ~4 ~~ .~~'fi~"r.~r~~lil1''~t~~. ~1:..Wy ~4~~i~1 ~: c'~ a nJ 11 lail~~~w. a~~ .. ._ ~~ ~9 ~F441Tx- YG`^ r4~iisd,,'~[-C ~,~ ~Y :!~3 I~~R~!Tl?~4~'r"`"S eta"'Esi'~`.~. f*~ A~i'k~Yd~"64;t~" #`tY~Y~ '~d?d' E~'4S' ~~'t;1~i±f'~ s_ a, dtt'2~t:i1TE~,t~~.'.,t3~Qss~us*:'„~j:~3k.:`If1~:cflte~fi~P~.~rds~~`Y~,:~yYfi #+'~C~-c~~~»dctf'~ ~" ~_~ _..„ T~f1L4. ~}7e3JW,iP~:.~ ~1P+~+Cf 4~: FsIY~fY ~'C'~~ii3J- ~{!~ ~i~ iri "u°'a>' $i2~ii~ YdSL'({. faY !3t ~~~w p ,.y~ ~#P.~x}»'A.pl'!.$y (-pt 3~.~7 ~t~)-~`?~l.'e~a~ ~i4~!ti~l~l'e,'s~,'FCNt~ ~~'"i.'yiYx ~1_~,^.i:',C 3'~wS`~iiw5'6'~ ~~' ~~x ~A2S~ iv;~4 ti lIC~4'FFb1~.dA1cS.td?!T fi' ~E9 ~.~~.~'w~'r t}k si`~B F~E+~Ck-YcC ~ wis' ~.W.a ~,fi~ull`~ „~ .~ ~iii~~'t?E"t~Q[3"l~:T?9t~R IBS eu~C'C;f.~.(:fbl a:4d~S1??~~;.~2~'~' ~ ,o ~fiL'y2.t~'L',ELE~"c,'S'idt~:Pi»«"~U':fx;fl;(31if7~I~'.~3~.<:Y3?a~C?7a?~'u~•,°g..~T~4d'L??a ~~31'Za ~711~}~Ht'r ~'dL'.3Ei:3li`~ ~3~;G. `#3~1s ~r~~aF.athas ~a=aa evai~aa~d, aa:3 ~ t~~ ~ctcta~tn~d ~ a~ex~ 4ha e~~~ta€+a~ ~ sa;c #' i~ the ~~ ~~~1CSt3#i ~~3t~ ~n (~}Ta2j}tF~' as d~l~In;S~2w: ~'ktL~ '*i~.x :~ a l°rti°~~!~:~sa~-s?mti~ ~aC~~ae~c~l ~~aas~~ra ~ 1 ~3ak a~~t~va1 mn A4ra~~a ~a ~C #, ~~9~ as ~na~:m~1f~ Gta ~~t~zmi~ce J fi~a3~, ~s.«aaRlzcs 9, bg6G, tamp the ~#t53~ card ~'t~ ~#,>rn~~g' ~t ~sa~ ~wr~snacng c~c~ irt~~ ~n Fc:~rta:a~y #2-, 2~. ~;~ `~u~~€~ject+,gar'~~y'm.C~~~c,cie€til~elusir~n+~t~~i~~~=~'t~'P'~J.~t9(cj~ef!'~tivm ~ ~~ 7 ~*2~svema#oec ~?,19~ e ~a~~ t~Y~~;~~ _. ~~~ Viz: . ~~ ~ ~+gy(y°y+ ~g _~w.t ld/~3l XS~~.Kv S~ n' _ ! I ~_JYl"~~ / $ ,. I' - ~ LM.. /~'~J1:.?t-~ !~~ ,sue J:J.3 wa _ ~•, 1~ ~ ~,~_.!_f i~a~#~ ~~b ~t~n°a~~a,aa~r ~~ ~}b~: ~` ;fj f~i ~ 8'A~A t ~}~d ~~x l' ~ ~ }' ': ~! ~ R'~w ~y~ ~ tl / 1 ; f rr r f . ~ ~ t~3:~?;k.:d ~ ~13i 6~iaY6.l2l~bt,3t ~t~lua:mL *t~€~ ~ ~ ~~ 1_ ,,~~ ~((~ ~'~S:D ~'~ J~ I~a1~~Pa~ M~[~a~r~r~da~[~a C?AT~: ~eptemher 3Ct, 2(S0~ Tf): Pra~ect Flta Ftorfda Dapar4~xton4 o3`fi'ran~portatien ~42QM: Vif[aga of E7~rth €aa[rn ~:aGh c~~P~s: B~,r~ r~~n~r~[~~n, tr~~r St.fBJ~~T: Anchcsrage ~'arac F[v[~: ~2297's-fi-~~~dD'[ ~edera[ Aid Prca~eo[; #~: •`~~ Caunty: ~'a[rn Beach tarnits: Within tha boundaries of Anchorage t'ar[c (on 4h~ scauthe~ sf~[e a~f tfze p~r~ antranc~ 9'Gad~ 6Q3 AnG.htar,~ge Drfve, N®rth t?a[sn t3eaeh, [=t_ 7'tte [ass of Action'tur4r~e A~aetinreg~ Farts garoject fs a PrograTnmatic ~ategorica4 ~ce[us[a~, 4ra~ad on Feder[Night°~a Acta~[r~f~treti~n (FHW;A) approves on March 1, 15gS, as ~rttettded can S~}zteber 4, fi~9~ and t}eGernber 7, ~~txtl, and FW~'~tA and pTA AgertGy perattr~~y l~gree:~ent essea~rted ort F~:hruary fib, ~~~~. T[sis pro~eG4 s~ a [~rograrnrrrat[G ~~tegoric€rt IExGt~rsion par ~f-t4~A, I~#"A and Ff?~T ~fser~ttfnrr Agr~err~nt ~xeG~ated cn January 1~ ~00~'^ Anahor~ge #~a~[c, ~fi-m Grp rat~rf~nt pane, [~ tu€,at^ad fn ~ ~-oeizterftjat r~~ighborheoe[ fn tEa~ 16if[~g~, s~f P.[crt6~ I~afm 6`eaG[~. Tdts T Anchorage Pars f'rasaG4 cranGfsSs of eorastrarc°ts~rr ext a notworfc of 4rai[s and tevca'f~s[iing pferG along LA~itBr outer n[gniii~s~nt pars r~±~~v~.tirenn and additi,~na; ~aatssr~~ iotGlsrdiNg ~icn[ f~Gi[itre~, re~trn Gp p~+,~s, p[aygecaunds, teen{~ ~osrrts, v~ftray~tet[ Gos~rte, pat~fr~g €rnd otit~r suiZpo~t fac`~a'tfeS. t_eaca['~rafi{'dc atcoa The praax~et site fa 4ot~r4 ~^~ithtso the bounc3ariea otAr~ehorage ~'ar[c; to P~3~ owsn~ end operated Say the 1/'s[!e~2 of [North F'afrr~a Beach zahioh is afr~ady capur~tirx,~ as a parJe. Ttte project v~ifP not aGt'tr~f€ic patterar's and cornrr~unfty propert?es near the pr~oj;cT xit9. f~ropetty Acos eat tcgFst of ~va:y ocqu4sition ThV projeG4 f,> not o~oett~d to e~`eGd access to the prGpedy and v~riif not reegufre the aogsaf$fliz~ri of any rf~a#st of mays. t•'Sansae~f Coxnunaty rorhf[.and ties Patterns Adverse frvtpacts to pEenned cornrnunity grow~kh or Panel use patterns are not expected as a result of tP~is project. raga 2 Co:~rrrunity Castresiveness Tito prtsect. s"stay is loca`ued alrapi~tety w"rt#ain Palrzr Beams County. The .profit is not a~xpeated tea have adverse effec#s on treffac. Air S1uailty anal Noise Tire project site !s already functissning as ~r park, tve~J !Sark elema>nts are mpstiy passive arrtivlties that svi!! riot impeot alr, noise and ~nrater quality. +Nater f~tgality acrd ytifetiarasls A!l projerA# activities rnrili be psrfrsrrned in corr-pliance Frith ~F~l~lt?, Palm i~3a~aa;tr County, State, anc! Army Engineer t;orps rules acrd r~gtslations. Therefore, no impactto wr+~ualGty is petted frortr this projeart. Using a 25-font. bufifer arasurr~V any vaa3tiand areas f~n:~vra~e #"'ar#c wit! ~nsura that wetlantfS vril! not tee disturtsed. Permits have been ®tstairted €rona SFli~!lirtC3 and the Army Corps for fihis prt#j~ct. ~loodpJafn ~icroacera'! Ttte project Site is currently a palls t'racili#y. ,Sigrar~rr't esuraaa~hrrtents to flood'plair-s star nit arrt~cipat. l ndarrgerect end Tltreeferrec! Spceie5, other YVltdtfe, and 'Their Gritica! i~tabi#,af Tlt~ profit site is already s r$ a~iv~ faarlc. !tn en+~sonrrerat~l ~wrvey has hen aror~p'eted fear the projen'siWa and is €attachc~d to this m^~rno. Tire results ofttals survey ware used ire lire d~~;rt dlf the projr?ot anri tl~~ gslat~rent t~f ~Seinenta gs to avoid negaaiue eff~arts on t~ildlife. The survey dd rsot iderrtcfy ariy tht~atuned or endana~ersd speoi~s ir& tFze project area, Qena*ra1 tug*~ san pie C~_gf of#hay con;truotion documents ~anta$ra €tatait ~pa~cifrnations of rnarroatera protect from p~Ep and the Rrrny Cof~s. "i°lr~se speoet7tlun~ inciudQ: inforoczirtg a!! peraonrr~l ref rnanat pPOteetion requiring ai9 vess~'s associated to operate at idle speed « the use of s3itatcorr ntatersals That ~vip not entangle srranatee • assigning pnrsonnw! t~ watch for manatee during active cor?structiorr reporting any rrransatae injuries posting manatee scgnag~ during construct"ron ~.sssntaa! ~lsh Fta~ltat Aorfiuiring end foilove€ng a(! required permits, the project alit rninimaily affect fsh ltatzitat. 'The projec incltsdv5 activities, such as ttte rezrso~oai~9& of aggressive e~astic plant species, vrhi~ volt encourage the grorrtth and expansion of rnangraves, a vital fsh habitat. ~~~T €cF~rnorar~d~era, ~9-3LLC~ F^'~~Q coastal Barrier t~e~ourc~s `f ite project sits is net P®ted c~,rithln a Coastal E3arrier ~esAUrt~ system area- Cpmmunfty Services Cear~rnun3ty servie sucH as s~'eatinn `faciiities ~atili aniy be f.~mpcrariiy effected. C}thsr enmmurgtty service and i~ustnesses ere not tacated on or Haas ttie proj~t sita. Section A(f) otthe Oepartrnentof 7ransportattan i~ An environmental survey was ~orrdud. Resuits frorn ibis survey were used in the des`sgrr of the projec# to z~vaid asiverse effects on v>iCdisfe. Consenratic~ns area a~ilY net tse ~dvetfy ~ectad by this prajeet. Section 1Q6 of the Natittnai HistQr~c preservation Act' There are no propar€ies protected udder Secti®n 1t2S En aPose proxirsrityta~ the prazject site. State Historic +ghu~ay Tie project site dogs not involve any State t~istor?o B~r~Y~tt~ays. aa~taminatiosg Tire protect w~+iif not invc;ve any ran°amination isssres. ~n un&terSroUnd rsetroiecrrn tahk Rs tacnterY ~# c#tor~ge hack, brit is toc~fed north of the ptc~ject site. "1'f7sre ~uiii no rsiterafions of tfiis tank durine~ this project since at is neat 9ocd erriMt~in. fire prraje~ Sits. Puk~ie oaristg ~A ptibtc hearing is net r~~uired to h~;gn the,Anohora~e Pane project. Controvor i~io ~antrov~rsia9 r~a~c~irc~nmQn?~i issues exist re~ardirze~ ti~is ~`~P project t°ree~ Bois prefect includes the rervroval of aggressive excatlc vepbtation and the plantissg of natibe species. Porrnits the !tillage of ~orttt Pa'~~ Snach has obtained a !!`~lat€r a,1ae Permit from S9MCf and a corps of Engira~r permit. An i=RP and ri~irt of vvay hermits from StC~3~ are psndiztg artd expec#ed to be obtained by Septetvcber 17, 20178. .~, . ~~ t~.t ca ~`/~Qu -- pz u~Gw vu-~=~ t..l r t'= U w -> 0 t>; d 9M8f2008 8:28:19 AM CV ci Federal Requirements LAP Checklist for Construction Contracts (Phase 58) rn PrgyeytTitle: AvlCkoYaU2 YQYK Aonr[lwnik Ft ial 141artagemeut Number: ~ - F 1-aid Project Number: 9fl p - El P ~ - C _ Coatpty. `P.sl vv $r~rch '(.~tAV!?ry Munictipality: VG Undoo n~' FI6v4Lt F~alvn B~nt.(1 Federal-aid Highway {yes/no): I~IO NHS (yeslno): o SHS {yes/no): o ContractAmount($): `SOO~a0O •°O Project Stetus: _ (Irm G}Yri ~J-r~nia Requ6ement Reference NHS/ SHS ~ Noo- NHS(SHS Nan- NHS/Neo $HS Noa- Fedvat-aid Highway/ Noo-SHS Local Agency Respondhiltty llistritt Monitoring ReapoasWllitiee Reference Construction Contract IMcamrnts (LOCatioa fa Contract Lopl Agency Cheek DisVict Chec4 (FOOT) I. PS&E Submiua! LAP Yes Yes ves• Yes• Submk Plana, Specifications. and Review/nppmve pS&E Pleas specifications n fA ~' Agreement- Fatitmte to FU07 for epprovaL Assemby and estimates have fi f /t/ /^~~ ///tt~ Sation 13.08 Submittal also must include; ban submiued to ~ Hidpackege foe project FOOT for ceviesvend 1 lAP Manual required. approval. ~~ 4 •assurences that all tight-of-waY (ROW) ~~ 2 clearances, ufifity, and railroad wmk time Right of Way Clearance been completed, or That armngemmis review. have been made fm wordinetiou during constmefion with proper notice provided Euvirowsentel Checklist and in rye bid p,~~; backup dom~enmtioa. • assurancct oat Ore all eoviromnenml 45 day review by FOOT and responses to be addnaxd by federal tequiremmta including We agency. NFFA process hes ban completed • ' During Ihia maraiatory rsrgficatlon process ati P58E packages should be stNmitted and Omae on ttre NHS and SHS vAll need to be approved by FOOT all others should be revlawed. SHS =State Highway System 9/122008 8:28:19 AM Requirement Refttenm NHS/ Non- Noo- Non- Local Ageaey ResponsihWty DlsfriN Moaltoting Refttwce Locsl Dis[ACt SAS NHS/SHS NNSMan Federal-aid Reaponsibilitiea Comtrucrton Agency CIleck -SHS Higkway/ Contrut Documents Check [FOOT) NonSHS ~ p.«atlon to 2. Audits 49 CFR Yes Yes Yes Yes Local Agencies are to have audits done Review Local Agency records Contract Page 46, OC 57.14 SubtitOe A annually using the aiterie oullioed in section m ensure the anmml audit is in Part 90 5,04 of Ote LAP Agreement. complianx with radon 5.09 ,„t ` 48 CPR 31 ftttP://www.dotafate.fl.ns/Proiec[Mana oftlce LAP Agreement. !/iV Federal gemtxitRtsearchDevel~mtxiUlap~9tn 1 Acquisitions r&d.ittm ulations ~ 3. Bonding sad 23 CFR Yes Yes No No The Loeat Agency shall eenify that Florida Review bid document for prequalification 635.! 10 DOT Prequalified Contractors will be used to inclusion of the pmvision. Page I, Federal A/A perform f.AP projaU when an the NHS or Requirod Contract Grp SHS. However, when the project is on the Page IOZ of CACC manual provisions, Paragraph 2 ^ NHS or SHS, and the [Detract is under fIb P $230,000 than a prequalified wnaactor is not { required. Pa FOOT Standard Specif~eetions 2.1 'cation ofHidders. 4. Buy America 23 CFR Yea Yes Yes Yea Include FD07'e Supplemenml Syecificadon Review hid document for Page I9, paragraph 17 n 635.410 6-122 in bid daramient. inclusion of the specifiudon. and Page P-16 ~ V Pa a 56 of CACC manual 5. Change l'hdera 23 Cl1t Yes Yea No No Develop proeadures eutlmiog the conditions Review Eid dn,.~me.e for Page 21, Paragraph 21 - 636.120 ~ under whir][ a change order is e0owed and inclusion of the provision, , and page 22, paragraph include in hid docvmeat Mey use section Pege 121 0£ CACC manual 22. 7.3.11 of FOOT CPAM u of rocedum 6. Claims ~23 CFR ~ Yes Yes No No - Develop procedures ouditling the wtlditions Review hid dtwument fa Page 23 paragraph 25 635.124 order which a Beim is allowed and include in iracluaioo of the pmvisioa , hid documcn0 Mey use secdoa 7.3 of FD07 Page 126 of CACC tnaaua] CPAM as a guide w this development. http:/lwww.dotsfate.fl.us/constructioiJma nuela/coam7CPAM7000f1000/c^smman.ht m 7. Conuactw 23 CFR 140 Yrs Yc Yes Yea 1)o sot albw imm~tracu Review hid document to Page 24, Paragraph 28 ~ ~/ Purchased Equipmcm 49 CFR Pact ensue; exclusion of provision. f/~ for State or Iacal lg Pege 79 of CACC manual Ownership 49 CFR Section ]8.3 SHS = S[a[e Highway System 9/12/2008 8:28:19 AM Regvlrement Referevre NHS! Noo- Non- Non- l.oeal Agevcy ReeponBfbWry District Mon[forirtg Reference Loul District SAS NHSl513S NHS/Non Federal-aid Reaponaihtlitles Constractlon Ageny Chetk -SAS Alghwey/ ~ Contract Doeumenrs Cheek (FOOT) Noo-SHS (Locatiov in Covhact 8. Susptmsion and 49 CFR 29 Ycs Yea Yes Yes The Local Agency shall include cenificelion Review bid document for Page 16, Paragraph I5, Debarment in bid documevre. i~lueion of the provisaa Page 24, Paragaph 27 end Page P-18. Page 134 of CACC manual ~ ~` 9. Dieedvaotagdl 49 CFR 26 Yes Yes Yes Yes The Local Agrecy shall covgdy with FDOT's Obtain copy of the USDOT Page 20, Paragraph IS Busbrese Emerprise DBE progrem Phm Udess the Local AgeacY~ approval letter Cor the DBE „d (DBE) has a DBE Program Plan approved by the Progrnm Plan Cor highways. (%`~ USDOT. FOOT cuacntly has a race nwtml program witha8.1%goal. Page 60 of CACC mamral ~ ~r~ /}/If[l Eaubliah a DBE Availability goal end include ~ ~i in bid dacttmevt. Ivclude DBE special provisions is bid documevt. Uso DBEs utti5cd under the Florida Unified Ceniflwtim Program Dhectary: ht •Jlwww.b~ .re .cornlbiantfiorida! 10. Equal Employment 23 CFR 230 Yes Yes Yea Yes lvclude FOOT Special Provision related m Executive Order ]1246. Review hid documem for imituion of the pravieiaa Page 3, Paragraph 5, Section (2) fft/~} _ Provision in FHWA 1273 tt''~' ~- 11. Equipment rental 23 CFR Yes Yes Yra Yee Develop procrdure based on 48 CFR 31 end Review bid document for Page 24, Paragraph 28, rates 635.120 italude is bid dacumenL ine/usion of the proper ~ Section (2) 1~ 48 CFR 31 payment provision for rvual Ails. r equipment. U /7~ 12. Fmei~ Convacmr and 49 CFR 30 Yes Yes Yes Yes Loral Agency will use FOOT Supplemeatel Specifiration 6-I2 2 and may chtgae ro uec Review dowmrnts m ensure Com lievice Not Applicable ~ / n ,p ( Supplier Rravictian . . FOOT Farm 375-020-08. p Page 89 of CACC mmual ~ ' Q~ ~ } SHS =State Highway System 9/12/2008 8:28:19 AM Requirement Reference NHS/ Noa- Noa- Non- I.oeal Agency Respoasibr7ity Dialrict Moaitorirrg Reference Local D'nlrict SBS NHS/Sp5 NNS/Non Feder(-sld Reapone16i11tla Construction . Agency Cbeck -SHS Blghway/ Ceatnct Documents Check (FOOT) NooSHS (Locetiaa In I3. 23 CFR Yee Na No No Ihvclop procedure based ea 23 CFR 633.127 Review bid document m Contract Not applicable Ivicentive/Disincentive 633.727(d,E) and include in bid document (if [.ocai Agency ensure procedure was Clauses eeets m use lnceative/Disinceative}. May use Followed. (lf Local Agrnry section 1.2.6 of FOOT CPAM as a guide is elecrs to use this developmrnt. Ircentive/Disincentive). Pa el4i ofCACCmenael 14. Ivdim Preferwce 23 CFR Yts Yes Yes Yea If utilized, must obbin FHWA approval of . Verify provisions meets Not applirable w Federal-aid IRojecn 633.117 provision wmplyiog with 23 I:PR 633.177 federal requirwenb. Wb°r & 1° Pe 64 of CACC manual 13. FHY/A-1273 23 CFR 633 Yes Yca ~ Yea Yn Moat be included verbatim is all CantracLS and Review bid document for Page 2, Paragraph 3 subcontracts, ' r6 .ion ofdae provision haa:(h~tlY fhwadoLaov/ero¢ram n.J l%~` ~ _dr (/!'IU i c n ac 16. Liquidated 23 CFR Yes Yes N° N° Develop razes based on 23 CFR 633.127 cad Ensure tbaz rotes are iacWded Page 23, Paragraph 23 dmaegea 633.127 include contract provis(oos. is bid propossl: hupJ/wwwaccev.gpo.gov/nare/cf ,1 ~}M' ~ ,y I/J'V r/waisida 0123cfid35 Ol Ltml 17. Local Siring 23 CFR Yea Yes Yes Yea lie Luca! Agacy needy m certify they do Trot Review bid document to Page 23, Parngmph 33 prefermx 635.717 have local hiring preferences. emwa aclusion of any local .. ,4 Shin &maca fY~' 1 S. Lobbying 49 CFR 20 Ya Yes Yp Yes The Local Agency shall include certification Review bid dawment Cor Page 19, Psragmph 16, certifirstioe i0 bid dowments. inclusion of the vision. Pa a P-l7 I9. Method of 23 CFR Ya Yes Yes Yes Lxal Agency alull certify tbffi proJeats win Review bid document to verify Page 2, Patagmpb 3 canatruclion (a ' 633.104& be awarded~m the low ive bidder reaP°°y c tmtplient bidding process, ye method ofbidd °r8) 23 CFR eacrpt for Design Build m approved by the _ CJPf 1 t4(a) FDOT.TSe method of bidd'mg shall >x in iSe Soe page 95 of CACC manual 'act ifications 20. NoncolhLSion P i i 23 CFR Yes Yee Yes Yes The Lceal Agercy shall irclude certification Review bid doomunt for Page 21, Paragraph 20 rov s on 635.112(1) inbid documents. inclusion o(the providon ~ Sae e6 ofCACC manual / 2l. Oamer Farce 23 CFR 633H Yes- Yes yea Yea Owner Force Accwatt cooaacliag is not Review bid document to Not applicable Accamt/Cost FJT ti 3 ifi i under 633.203 allowed without 0rst eatabliabing a "fittding of etvnue exclusion of provision ~ ,{, ~/ ' _ a, ec ve cat on wt cost effec6vrncss". Ibis must be approved az appropriate approval has uYf ~9- [ b the District IAP Admmisbatar. been nxeived. rD SHS =State Highway Sygtem vn2rzooe s:2savntvf Requlrtmwl Rdereaee NHS! No¢- No¢- Non- Lacd Aganey Responsibittly Otetttc[Modtarlag Retettnce Local District SAS NIiS/SHS NASINon Pederal-aW Respa¢dbilitles Conrhuctian Agency Cheek -SRS Alghway/ Contract Documents Check (FDp'1~ Non-SECS (I.ocadon In t'.o¢tracl 22. Patmrod/ 23 CFR Yes Yes Yes Yea Donor use unless these is a public inteest If developmtml of a public Nol eppticeble Pmpnetary materiels 635.411 tutdiog approved by FDDT (if specified i¢ bid interest 5ad"mg is requiRd, document). enatae flat floe fiadtng „a1 ,RA(,( approved by FDOT is included V'~ ~p^' in the bid document. 23. Prevailing 23 USC 113 Ye Yes Yes No Include latest Devia-Baton wage table(s) in Review bid documear for Page 7, Paragraph 8 minimum wage 23 CFR 633A the contract Curtem wage tables maybe obtained at incluaioa of the provision (wage table). AA/t "' hffi~/www dot start fl ua/coreWCtiadwa¢e.h Seepage 75 of tht CACC (~ ~ orh ://www.wd¢]. ov/ manual 24. Progreso Peymepts 23 CFR Yes Yea No No Develop contract ]mguage m easun that Review bid document for Page 40, paragraph 44 G3S.122 paymmis are basedon work completed,this inchsion oftheprovision. ofG®erd Conditions may include stockpiled materials. Section 93 See page 119 of CACC of F110T Standmd Specifications may be used manual for 23. Prolvbition 23 CFR Yes Yes Yes No Develop conhaM language to prohibit the use Rcriaw bid doument far Page 24, paregrapb 29 Against ConviU 633.417 ofeonvicl-produced matvials and mclude in ixclusion afthe pmvisioe. section) ~( dated materials bid document. Seep 31 of CACC manual 26: Pubbc Age¢ciea is Competition with the 23 CFR 633.112(e) Yes Yes Yes Yes Do not allow. Roviewbid document to ensure exclusion ofprovision. Page 24, Paragraph 28 aecdonl C~ {//~I/I t ~ p++ Privam Secex 27. Pubhclyowmd 23 CFR Yes Yes Yes Yes Do not allow in contract Review bid dowmatt for - Page 24, pamgraph 28 , , equipmwt 633.106 exclusion oftbe provision. satianl CYQv 28. Records Retention 49 CFR 18 Yea Yes Ya Yes Protect rewrds must provide adequate Conduct periodic mvicws to Page 23, Paragraph 32, 23 CFR 18.42 assktrance that the qu®titiwv of eoa~p{eted eruure compliance. section 2. FHWA 1273 Item V.2 work are determined accurately and uniformly, and be r¢ainmi¢ed for a minimum FHW A 1273 tram V.2 ,t ln^L'1'L of 3 years following WahaU completion and acceptance. SHS =State Highway System 9/12/2008 8:28:19 AM Req¢iremeat Aderence PrRS! Non- Non- Noo- lace! Agmey Respo¢sihWry DbMct Mosltori¢g Reference Local District SHS NA$PSHS NHS7Non Federd-aid Reapon[bWtlee Comtruetl¢a Agency Check SHS_ Highway! - Comrnct Documents Chech (FDOT) NanSHS (I.ocatiop in Connnet 29. Salvage Credits 49 CFR 16.36 Yea Yes Yea Yes Do ent allow in con[m<t. Review bid ~~~~~ f¢r Pnge 24, Paragraph 70 N gyp( exclusion of envision. J~'_ i 30. Staudazdized 23 CFR Yes Yes Yes Yes Develop wntract language m mmr¢ that Review bid document for Page 21, Pamgaph 21 1 Changes C¢~itiona 635.109 requirements of 23 CFR 635.109 ere met. inclusion of the Provision. - Connect Clauses ~ Sections 4-3.2 a>d 5-I2.6 of FDOT Seepage T2 of dlc CACC Supplemerdal Specifiwdon snd Seettoaa 43 ~/I,AQf i °_ ands-12 ofFDOT Sta¢dard Specification Tf ma be used for idance. 37. Standard Z3 CFR 630B Yes Yas No No local Agency will use current FDOT'e Review doarams to ertaure Specification and apeeihcation whey fha wustructlon project is h NS ~ Local Agency is using ification for FDOT' ^~ . rq ff(''7 Plans e S en t s spec 1~ construction projeUa on the SRS P c 91 of CACC 32, Stau Wdemnce 23 CFR Yq Yea Yes Yes Do not allow in connaU. Review bid document for Page 24, paragreph 29, 635.409 exclusion of sine or local Section 2 refermCCS. 13. Statdlnrsl Z3 CFR Yea No No No If utilized, must obtain FHWA approval. Review bid drxument for Page 24, Paragaph 29 OwnaVFur¢iahedJDesi 635.407 exelusio¢ of materials Sa[ion 2 ^ ~ . ~.~f v teal Mntetials Cmnished b Local c W ~+ 34. Subemtttacting 23 CFR Yes Yes No No Ikvelop contract language to meet the Review bid document far Pagc 24, Psragmph 3l 635.116 re uiremmts. mcini¢nofthe vision. 35. Taminatioa of 23 CFR Yes Yes No No Develop mntrect language for telminatien fm Review bid document for Pzgc 44, Paragraph SD ,~A, contract 635.125 ntaae, convenience,-and default and include in inclusion of the provision end 51 of General ~,(~, v~r p,~ i/'- w bid document Conditions 36. Time extenion 23 CFR 635.121. Yes Yes No No Include meson time ez[enion are allowed i¢ epecifuation. relay use section 8-7.3.2 of Review bid doamem for inclnio¢ of the Procdsian. Page 23, Paragraph 23 FDOT Standerd5 'cation. SHS =State Highway System 9/12/2008 8:28:19 AM Local Agency: I hereby certify that the above mentioned LAP project conshuction contract documents contain the provisions set forth in this checklist. Signature !17 ~ti~/mar Nr~' Name (Printed) / ewM emu./~.i ~ rl/OAM~te./~- ~'RCCN~t osition Title ~~ Date District LAP Administrazor/De_si_g~neel; I hereby certify that the above mentioned LAP project conshuction wntract do~wnents contain the provisions set forth in this checklist. ~~¢~ ~`~~^ a'~-' District 4 LAP Administrator Signahne Position Title Barbara 7. Handrahen 4- ~ 5 -O~ Mama (Printed) Date Central Office Statewide LAP Administrator. I hereby certify that the checkllist is complete as ipndicate{d. 1 1 SigtiaMe Position Title ~o~,seye.l~ ~`~-~i- t~i~o.,.tr,~ Name (Printed) 091~~ lag Date SHS =State Highway System Dano, Arleen From: The job FI989HLR Sent: Friday, October 17, 2008 3:19 PM To: Dano, Arleen Subject: FUNDS APPROVAL/REVIEWED FOR CONTRACT APC34 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #APC34 Contract Type: AK Method of Procurement: G Vendor Name: VILLAGE OF NORTH Vendor ID: VF596017984012 Beginning date of this Agmt: 10/22/08 Ending date of this Agmt: 12/31/10 Contract Total/Budgetary Ceiling: ct = $500,000.00 *****************************************************s****************** Description: Anchorage Park Boardwalk. CFDA #20.205 ********************************s****s*s******************************** ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS ********************s*************************************************** Action: Funds have been: REVIEWED* 55 043010404 *OM *790003 * 500000.00 *4221751A801 *215 2010 55150200 088867 10 A001 *00 * * /04 *Funds Approval and encumbrance processing is contingent upon Annual Legislative appropriation. ------------------------------------------------------------------------ TOTAL AMOUNT: *$ 500,000.00 ------------------------------------------------------------------------ FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 10/17/2008 1 RESOLUTION 2008-bb • • • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATING TO THE RECEIPT OF FEDERAL FUNDS FOR THE ANCHORAGE PARK BOARDWALK PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village and the Florida Department of Transportation {"FOOT") seek to enter into a Local Agency Program Agreement whereby FOOT will administer federal-aid highway program funds for the construdron of the Anchorage Park Boardwalk as part of the Anchorage Park redevelopment project; and WHEREAS, the Village Council determines that approval of the Local Agency Program Agreement benefits the health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are hereby adopted and inwrporated herein. Section 2. The Village Council hereby approves the Local Agency Program Agreement between the Village and the Florida Department of Transportation, a copy of which is attached hereto and incorporated herein, and authorizes and directs the Mayor and Village Clerk to execute the Agreement on behalfofthe Village. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 25th DAY OF SEPTEMBER, 2008, (Village Seal) `'~, ATTEST: VILLAGE CLE C ~~~ MA R This is a True Copy IN WITNESS WHEREOF, I hereunto set my hand and affix the seal OI the Village of N~o/rlth~al~jm~Be~ach, Florida, this ~iV~ day Of -~~~~`r~ A.O. 20~Y i~ l~/~~ ~Dc~ ~~ Village Clerk 12/3/2008 3:47:38 PM Federal Requirements LAP Checklist for Construction Contracts (Phase 58) Project Title: ___Anchorage Park________________________ ___ Federal-aid Highway (yes/no): ___No______________ Financial Management Number: _422175-1-58-01___________ NHS (yes/no): ___ No ________________________________ Federal-aid Project Number: __422175-1-58-01___________ SHS (yes/no): ____ No ______________________________ County: _____Palm Beach____________________________ Contract Amount ($): _500,000__________________________ Municipality: _Village of North Palm Beach _____________ Project Status: ___Active______________________________ Requirement Reference NHS/Non-Non-Non-Local Agency Responsibility District Monitoring Reference Local District SHS NHS/SHS NHS/NonFederal-aid Responsibilities Construction Agency Check -SHS Highway/ Contract Documents Check (FDOT) Non-SHS (Location in Contract) 1. PS&E Submittal LAP Yes Yes No* No* Review/approve PS&E X X Submit Plans, Specifications, and Agreement – Assembly Estimate to FDOT for approval. Section 13.08 Submittal also must include; Bid package for project LAP Manual required. X X *assurances that all right-of-way (ROW) Chapter 4 clearances, utility, and railroad work have Section 2 Right of Way Clearance NA NA been completed, or that arrangements review. have been made for coordination during Environmental Checklist and X X construction with proper notice provided backup documentation. in the bid proposal; 45 day review by FDOT and ? assurances that the all environmental responses to be addressed by X X federal requirements including the agency. NEPA process has been completed ? * During this mandatory certification process all PS&E packages should be submitted and those on the NHS and SHS will need to be approved by reviewed. FDOT all others should be SHS = State Highway System 1 12/3/2008 3:47:38 PM Requirement Reference NHS/Non-Non-Non-Local Agency Responsibility District Monitoring Reference Local District SHS NHS/SHS NHS/NonFederal-aid Responsibilities Construction Agency Check -SHS Highway/ Contract Documents Check (FDOT) Non-SHS (Location in Contract) 2. Audits 49 CFR Yes Yes Yes Yes Local Agencies are to have audits done Review Local Agency records Subtittle A annually using the criteria outlined in section to ensure the annual audit is in Part 90 5.04 of the LAP Agreement. compliance with section 5.04 48 CFR 31 of the LAP Agreement. X X http://www.dot.state.fl.us/ProjectMana Federal gementResearchDevelopment/lap_pm Acquisitions Page 9 of Special Provisions r&d.htm Regulations 3. Bonding and 23 CFR Yes Yes No No The Local Agency shall certify that Florida Review bid document for prequalification 635.110 DOT Prequalified Contractors will be used to inclusion of the provision. perform LAP projects when on the NHS or SHS. However, when the project is on the Page 102 of CACC manual X X NHS or SHS, and the contract is under $250,000 than a prequalified contractor is not required. Per FDOT Standard Specifications 2-1 Prequalification of Bidders. 4. Buy America 23 CFR Yes Yes Yes Yes Include FDOT’s Supplemental Specification Review bid document for 635.410 6-12.2 in bid document. inclusion of the specification. X X Page 56 of CACC manual 5. Change Orders 23 CFR Yes Yes No No Develop procedures outlining the conditions Review bid document for 635.120 under which a change order is allowed and inclusion of the provision. X X include in bid document. May use section Page 121 of CACC manual 7.3.11 of FDOT CPAM as part of procedure. 6. Claims 23 CFR Yes Yes No No Develop procedures outlining the conditions Review bid document for 635.124 under which a claim is allowed and include in inclusion of the provision. bid document. May use section 7.5 of FDOT Page 126 of CACC manual CPAM as a guide in this development. X X http://www.dot.state.fl.us/construction/ma nuals/cpam/CPAM70000000/cpamman.ht m 7. Contractor 23 CFR 140 Yes Yes Yes Yes Do not allow in contract. Review bid document to Purchased Equipment 49 CFR Part ensure exclusion of provision. for State or Local 18 Page 79 of CACC manual X X Ownership 49 CFR Section 18.3 SHS = State Highway System 2 12/3/2008 3:47:38 PM Requirement Reference NHS/Non-Non-Non-Local Agency Responsibility District Monitoring Reference SHS NHS/SHS NHS/NonFederal-aid Responsibilities Construction Local District -SHS Highway/ Contract Documents Agency Check Non-SHS (Location in Check (FDOT) Contract) 8. Suspension and 49 CFR 29 Yes Yes Yes Yes The Local Agency shall include certification Review bid document for Debarment in bid documents. inclusion of the provision. Page 134 of CACC manual X X 9. Disadvantaged 49 CFR 26 Yes Yes Yes Yes The Local Agency shall comply with FDOT’s Obtain copy of the USDOT Business Enterprise DBE program Plan Unless the Local Agency approval letter for the DBE (DBE) has a DBE Program Plan approved by the Program Plan for highways. USDOT. FDOT currently has a race neutral program with a 8.1% goal. Page 60 of CACC manual Establish a DBE Availability goal and include in bid document. X X Include DBE special provisions in bid document. Use DBEs certified under the Florida Unified Certification Program Directory: http://www.bipincwebapps.com/biznetflorida/ 10. Equal 23 CFR 230 Yes Yes Yes Yes Include FDOT Special Provisions related to Review bid document for Employment Executive Order 11246. inclusion of the provision. X X Opportunity Provision in FHWA 1273 11. Equipment rental 23 CFR Yes Yes Yes Yes Develop procedure based on 48 CFR 31 and Review bid document for rates 635.120 include in bid document. inclusion of the proper X X 48 CFR 31 payment provision for rental equipment. Special Provisions 12. Foreign 49 CFR 30 Yes Yes Yes Yes Local Agency will use FDOT Supplemental Review documents to ensure Contractor and Specification 6-12.2. and may choose to use Compliance X X Supplier Restriction FDOT Form 375-020-08. Page 89 of CACC manual SHS = State Highway System 3 12/3/2008 3:47:38 PM Requirement Reference NHS/Non-Non-Non-Local Agency Responsibility District Monitoring Reference Local District SHS NHS/SHS NHS/NonFederal-aid Responsibilities Construction Agency Check -SHS Highway/ Contract Documents Check (FDOT) Non-SHS (Location in Contract) 13. 23 CFR Yes No No No Develop procedure based on 23 CFR 635.127 Review bid document to Incentive/Disincentive 635.127(d,f) and include in bid document (if Local Agency ensure procedure was Clauses elects to use Incentive/Disincentive). May use followed. (If Local Agency X X section 1.2.6 of FDOT CPAM as a guide in elects to use this development. Incentive/Disincentive). Page 141 of CACC manual 14. Indian Preference 23 CFR Yes Yes Yes Yes If utilized, must obtain FHWA approval of Verify provisions meets on Federal-aid Projects 635.117 provision complying with 23 CFR 635.117 federal requirements. NA NA (Labor & mployment) Page 64 of CACC manual 15. FHWA-1273 23 CFR 633 Yes Yes Yes Yes Must be included verbatim in all contracts and Review bid document for subcontracts. inclusion of the provision. X X http://www.fhwa.dot.gov/program admin/contracts/coretoc.htm 16. Liquidated 23 CFR Yes Yes No No Develop rates based on 23 CFR 635.127 and Ensure that rates are included damages 635.127 include contract provisions. in bid proposal. X X http://www.access.gpo.gov/nara/cf r/waisidx_01/23cfr635_01.html Page 132 of CACC 17. Local hiring 23 CFR Yes Yes Yes Yes The Local Agency needs to certify they do not Review bid document to preference 635.117 have local hiring preferences. ensure exclusion of any local X X hiring preference. Special Provisions 18. Lobbying 49 CFR 20 Yes Yes Yes Yes The Local Agency shall include certification Review bid document for certification in bid documents. inclusion of the provision. X X Page 52 of CACC FHWA 1273 19. Method of 23 CFR Yes Yes Yes Yes Local Agency shall certify that projects will Review bid document to verify construction (or 635.104 & be awarded to the low responsive bidder compliant bidding process. method of bidding) 23 CFR except for Design Build as approved by the X X 114(a) FDOT.The method of bidding shall be in the See page 95 of CACC manual project specifications. 20. Non-collusion 23 CFR Yes Yes Yes Yes The Local Agency shall include certification Review bid document for X X inclusion of the provision. Provision 635.112(f) in bid documents. See page 66 of CACC manual SHS = State Highway System 4 12/3/2008 3:47:38 PM Requirement Reference NHS/Non-Non-Non-Local Agency Responsibility District Monitoring Reference Local District SHS NHS/SHS NHS/NonFederal-aid Responsibilities Construction Agency Check -SHS Highway/ Contract Documents Check (FDOT) Non-SHS (Location in Contract) 21. Owner Force 23 CFR 635B Yes Yes Yes Yes Owner Force Account contracting is not Review bid document to Account/Cost under 635.205 allowed without first establishing a “finding of ensure exclusion of provision Effective Justification cost effectiveness” . This must be approved or appropriate approval has X X by the District LAP Administrator. been received. Page 96 of CACC 22. Patented/ 23 CFR Yes Yes Yes Yes Do not use unless there is a public interest If development of a public Proprietary materials 635.411 finding approved by FDOT (if specified in bid interest finding is required, document). ensure that the finding X X approved by FDOT is included in the bid document. Page 85 of CACC 23. Prevailing 23 USC 113 Yes Yes Yes No Include latest Davis-Bacon wage table(s) in Review bid document for minimum wage 23 CFR 633A the contract. Current wage tables may be inclusion of the provision obtained at: (wage table). X X http://www.dot.state.fl.us/construction/wage.hSee page 35 of the CACC tm or http://www.wdol.gov/ manual 24. Progress Payments 23 CFR Yes Yes No No Develop contract language to ensure that Review bid document for 635.122 payments are based on work completed, this inclusion of the provision. may include stockpiled materials. Section 9-5 See page 119 of CACC X X of FDOT Standard Specifications may be used manual for guidance. 25. Prohibition 23 CFR Yes Yes Yes No Develop contract language to prohibit the use Review bid document for Against Convict 635.417 of convict-produced materials and include in inclusion of the provision. X X produced materials bid document. See page 31 of CACC manual 26. Public Agencies in 23 CFR Yes Yes Yes Yes Do not allow. Review bid document to Competition with the 635.112(e) ensure exclusion of provision. X X Private Sector Page 77 of CACC 27. Publicly-owned 23 CFR Yes Yes Yes Yes Do not allow in contract. Review bid document for equipment 635.106 exclusion of the provision. X X Pg 79 of CACC 28. Records Retention 49 CFR 18 Yes Yes Yes Yes Project records must provide adequate Conduct periodic reviews to 23 CFR 18.42 assurance that the quantities of completed ensure compliance. FHWA 1273 work are determined accurately and X X Item V.2 uniformly, and be maintained for a minimum FHWA 1273 Item V.2 of 5 years following contract completion and acceptance. SHS = State Highway System 5 12/3/2008 3:47:38 PM Requirement Reference NHS/Non-Non-Non-Local Agency Responsibility District Monitoring Reference Local District SHS NHS/SHS NHS/NonFederal-aid Responsibilities Construction Agency Check -SHS Highway/ Contract Documents Check (FDOT) Non-SHS (Location in Contract) 29. Salvage Credits 49 CFR 18.36 Yes Yes Yes Yes Do not allow in contract. Review bid document for exclusion of provision. X X Page 88 of CACC 30. Standardized 23 CFR Yes Yes Yes Yes Develop contract language to ensure that Review bid document for Changes Conditions 635.109 requirements of 23 CFR 635.109 are met. inclusion of the provision. Contract Clauses Sections 4-3.2 and 5-12.6 of FDOT Must include standardized X X Supplemental Specifications and Sections 4-3 changed condition clauses and 5-12 of FDOT Standard Specifications verbatim. may be used for guidance. See page 72 of the CACC 31. Standard 23 CFR 630B Yes Yes No No Local Agency will use current FDOT’s Review documents to ensure Specifications and specifications when the construction project is Local Agency is using Plans on the SHS FDOT’s specifications for NA NA construction projects on the SHS Page 91 of CACC 32. State preference 23 CFR Yes Yes Yes Yes Do not allow in contract. Review bid document for 635.409 exclusion of state or local X X preferences. Page 86 of CACC 33. State/Local 23 CFR Yes No No No If utilized, must obtain FHWA approval. Review bid document for Owned/Furnished/Desi635.407 exclusion of materials X X gnated Materials furnished by Local Agency. Page 87 of CACC 34. Subcontracting 23 CFR Yes Yes No No Develop contract language to meet the Review bid document for X X 635.116 requirements. inclusion of the provision. 35. Termination of 23 CFR Yes Yes No No Develop contract language for termination for Review bid document for contract 635.125 cause, convenience, and default and include in inclusion of the provision. X X bid document. Page 137 of CACC 36. Time extensions 23 CFR Yes Yes No No Include reasons time extensions are allowed in Review bid document for 635.121 specifications. May use section 8-7.3.2 of inclusion of the provision. X X FDOT Standard Specifications. Page 124 of CACC SHS = State Highway System 6 12/3/2008 3:47:38 PM Local Agency: I hereby certify that the above mentioned LAP project construction contract documents contain the provisions set forth in this checklist. ____________________________________________ _________________________________________ Signature Position Title _____________________________________________ __________________________________________ Name (Printed) Date District LAP Administrator/Designee: I hereby certify that the above mentioned LAP project construction contract documents contain the provisions set forth in this checklist. ____________________________________________ _______District 4 LAP Administrator___________ Signature Position Title ____________Barbara J. Handrahan_______________ __________________________________________ Name (Printed) Date Central Office Statewide LAP Administrator: I hereby certify that the checklist is complete as indicated. ____________________________________________ _________________________________________ Signature Position Title _____________________________________________ __________________________________________ Name (Printed) Date SHS = State Highway System 7 LOCAL AGENCY PROGRAM (LAP) TYPE 1 OR PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST Financial Project ID: (if applicable) 422175-1-58-01 State Road #: (if applicable) SR#/ local name of road Federal Project ID: (if applicable) County: Palm Beach Project Description: Anchorage Park trail system, fishing piers and major park renovations and expansion IMPORTANT If the answer to any of these questions is No, then a Type I or Programmatic Categorical and further coordination with FDOT is required to Exclusion does not apply determine the necessary level of environmental documentation . YES NO X ___ Are the impacts to local traffic patterns, property access, community cohesiveness, planned community growth of land use patterns not adverse? X ___ Are all air, noise, and water quality impacts negligible or non-existent? X ___ If there is wetland involvement, does it qualify for either Nationwide or General Permit? X ___ 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, 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? X ___ Is Section 4(f) not applicable to the project? X ___ 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” or “No Adverse Effect” been given? X ___ Is the Contamination involvement not significant? X ___ The project does not require a public hearing or an opportunity for a public hearing? 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 FHWA approval on March ___ X 1, 1995 as amended on September 4, 1996, December 7, 2000, and the FHWA and FTA Agency Operating Agreement executed on February 12, 2003. This project is a Type I Categorical Exclusion under (23 CFR 771.117(c)) effective X ___ November 27, 1987 Package prepared by: LAP Reviewer: _______________________ Date: ______________ Name: Company: Address: FDOT Approval: ___________________ Date: _______________ District 4 LAP Administrator FDOT Concurrence: ___________________ Date: _______________ District 4 Environmental Administrator _~_ Florida Department o f Transportation CHARLIE GRIST GOVERNOR 3400 WesT Commercial Boulevard Fort Lauderdale, Florida 33309-3421 STEPHANIE C. KOPELOUSOS SECRETARY November 3, 2008 Mr. Charles Huff Director of Community Development Village of North Palm Beach 501 US-1 North Palm Beach, Florida 33408-4906 Deaz Mr. Huff: SUBJECT: NOTICE TO PROCEED FOR CONSTRUCTION FM No. 422175-1-A8-01 County: Palm Beach Contract No. APC34 Description: Anchorage Park Boardwalk Agency North Palm Beach CFDA #20.205 This is to inform the Agency that the Department gives you this Notice to Proceed dated November 3, 2008 for construction. The total amount of federal funds authorized is $500,000.00. Please provide a notice of the pre-construction meeting to Mr. Pat McCann, District Construction Office, 3400 West Commercial Boulevard, Ft. Lauderdale, Florida 33309-3421. In order to be eligible for reimbursement by the Department/FHWA, the Agency 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 backup material including copies of checks issued by the Agency to the consultant/contractor. Send the invoice package to Rorla)d E. Holmes, Florida Department of Transportation, Progam Management Office, District Program Coordinator at 3400 West Commercial Blvd. Ft. Lauderdale, Florida 33309-3421. Telephone No. (954) 777-4496. Please provide the Department a copy of the Agency Audit Report each year during the life ofthe project. Send this report to Bazbara Handrahan, Department of Transportation, Program Management Office, District Local Agency Program Administrator at the same address as shown above. Page 2 www.dot.state.fl.uS ® aecvc~o anaea FM No. 422175-1-A8-Ol November 3, 2008 Be advised that this contract will expire on December 31, 2010. Any costs incurred after the contract expiration date are not eligible for reimbursement. 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. 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 and state sides. Thank you for your continuing support of the Local Agency Program. For inquues contact Mrs. Barbara Handrahan, District Local Agency Program Administrator at (954) 777-4459. Sincerely, ~~ueGe ~~itLG~i~G~e~J Barbara J. Handr an District LAP Administrator Copy: Ronald Holmes, Program Coordinator Mr. Pat McCann, District Constriction Office Ms. Jo Simpson, Federal-Aid Coordinator File