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RESOLUTION NO. R09- I Y :3
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A LOCAL AGENCY PROGRAM
AGREEMENT (LAP) WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR
THE CONSTRUCTION AND CONSTRUCTION
ADMINISTRATION OF THE SEACREST
BOULEVARD ROADWAY IMPROVEMENTS
PROJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 7, 2009, the City Commission approved a piggy-back of the
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CRA design and professional services agreement with Kimley-Horn & Associates, Inc., for
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the Seacrest Boulevard Project; and
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WHEREAS, on July 29, 2009 the City received from FOOT the update Local
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Agency Program Agreement Certification allowing staff to perform the procurement,
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construction and construction administration phases of the project; and
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WHEREAS, prior to and as part of the final approval from FOOT the City must
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enter into an agreement before the project can be advertised for bid and the construction
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phase can commence; and
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WHEREAS, the City Commission upon recommendation of staff, deems it
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appropriate to authorize the City Manager and City Clerk to execute the Local Agency
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Program Agreement between the City of Boynton Beach and Florida Department of
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Transportation for the construction and construction administration of the Seacrest
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Boulevard Roadway Improvements project.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
S:\CA\RESO\Agreements\LAP - FDOT Seacrest Blvd Roadway Imp.doc
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1 being true and correct and are hereby made a specific part of this Resolution upon adoption
2 hereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
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hereby authorize and direct the City Manager and City Clerk to execute the Local Agency
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Program (LAP) Agreement between the City of Boynton Beach and the Florida Department
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of Transportation for the construction and construction administration of the Seacrest
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Boulevard Roadway Improvements project, a copy of which is attached hereto as Exhibit
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"A", and incorporated herein by reference.
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Section 3. That this Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this fe. th. day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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J t M. Prainito, CMC
. y Clerk
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
02/09
Page 1
FPN: 426898-1-58-01 Fund: FSSU FLAIR Approp:
Federal No: ARRA 029 B 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:93 Contract No: Pt " '\ "3 "2- VendorNo:VF596000282005
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 -2- day of ~IYJIJUl'f-b I (c.:J 10 by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of th State of Florida, hereinafter called the
Department, and City of Boynton Beach hereinafter called the Agency.
WIT N E SSE T H:
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 flexible
pavement reconstruction of Seacrest Blvd. from Boynton Beach Blvd. to NW. 13th Ave. and as further described in Exhibit
"A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department
financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and
the understandings as to the manner in which the project will be undertaken and completed.
1.01 Attachments: Exhibit(s) A+B+1 +L +RL +S+ T +X are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local AgencY Program Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Un billed 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 un billed 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 (FHWA) 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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
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Removal of All Funds
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 ccmplete the project on or before December 31. 2011. 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 $ 1.998.838.00. 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 ccmmitted;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit -B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25.000 and has a term for a period of more
than one year, the provisions of Section 339. 135(6)(a). Florida Statutes, are hereby incorporated:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws. the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (al). 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-ccmpliance 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
Departmenrs Comptroller and to the Departmenrs Federal-aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be fumished 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:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits
by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
inspections. reviews, investigations or audits deemed necessary by the FOOT'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:
1. 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) (f), Florida
Statutes) are to have audits done annually using the following criteria:
1. 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.
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STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
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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 acccrdance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. Slate awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award
number and year, and name of the state agency awarding it.
Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audtt 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:
1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised. by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following addressees):
Karen Maxon, Work Program Coordinator, Work Program Office, 3400 West Commerciai Blvd., Ft.
Lauderdale 33309-3421
b) The Federal Audit Clearinghouse designated in OMS 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 1 Olh Street
Jeffersonville, IN 47132
c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), 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 directlv to each of the following:
Karen Maxon. Work Program Coordinator, Work Program Office, 3400 West Commercial Blvd., Ft.
Lauderdale 33309-3421
In addition, pursuant to Section .320 (I), OMS 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:
Karen Maxon. Work Program Coordinator, Work Program Office, 3400 West Commercial Blvd., Ft.
Lauderdale 33309-3421
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
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3. Copies of the financial reporting package required by Part 11 of this Agreement shall be submitted by or on behalf
of the recipient directlv to each of the following:
a) The Department at each of the following address(es):
Karen Maxon, Work Program Coordinator, Work Program Office, 3400 West Commercial Blvd., Ft.
Lauderdale 33309-3421
b) The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the Management Letter required by Part 111 of this Agreement shall be submitted by or on
behalf of the recipient directlv to:
a) The Department at each of the following address(es):
Karen Maxon. Work Program Coordinator, Work Program Office, 3400 West Commercial Blvd., Ft.
Lauderdale 33309-3421
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General. should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
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 (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project reqUiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 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).
STATE OF flORIDA DEPARTMENT Of TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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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, cosis incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit 'B' for
the project. costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period may not be paid.
8.00 Tennlnation or Suspension of Project:
8.01 Tenninatlon 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.
(a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the
Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such
notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the
deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement
STATE OF FlORIOAOEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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as set forth in paragraph 6.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the
deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting
the deficiency.
(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing,
with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be
terminated.
(c) If the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of the
project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the
equivalent percentage of the contract price. All work in progress will become the property of the Department and will be
tumed over promptly by the Agency.
8.02 Action Subsequent to Notlce-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) fumish 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 consuitant
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
267.055, 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 lake 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. Furthermore, the
Agency agrees that:
(a) Each financial assistance agreement signed with a US-DOT operating administration (or a primary recipient) must
include the following assurance:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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"The recipient shall not discriminate on the basis of race. color, national origin, or sex in the award and
performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of
49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to
ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE
program. as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in
this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its
approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.)."
(b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
"The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R.
Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate.'
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply 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 payor other forms of compensation; and
selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction. demolition, removal, site improvement or similar work, the Agency shall post. in
conspicuous places available to employees and applicants for employment for project work. notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI . Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder. and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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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 Detennlnation of Contractor Non-Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended. revoked, denied or have further been determined
by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member. officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest. and if such interest is immediately disclosed to the Agency, the
Agency. with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
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 govemmental 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 heid 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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
52S-C10-4Q
PRODUCTION SUPPORT
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agrees not to pay. any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.07 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. The Agency will physically include Form FHWA-
1273 in all its contracts and subcontracts.
13.08 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.
13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.10 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.
13.11 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 originai, and such counterparts together shall constitute one in the
same instrument.
13.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf 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 a=rdance 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.
13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency r8J will 0 will not
maintain the improvements made for their useful life.
STATE OF FLORIDA OEPARTMENT Of TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 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 850-413-5516 or by calling the State Comptroller's Hotline,
877.093-5236.
13.15 Reimbursement of Federal Funds:
The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review
conducted by FHWA reveals that the applicable federal guidelines. procedures, and regulations were not followed by the
Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department
of all funds awarded under the terms of this Agreement. Federal Economic Stimulus awards do not exempt the Agency
from adherence to federal guidelines, procedures, and regulations.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
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IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY City07~
By: By:
Name: KURT BRESSNER
Title: CITY MANAGER
~~CH~
Attest: .
itle~~
. \....~" ~~J\e_w',
',":7
~
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See attached Encumbrance Form for date of fUnding~roval by Comptroller.
.
STATE OF FLORIDA DEPARTIolEHT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
5~O'o.40
AA~CT t,I,Ul..\GEUENT OfFICE
"'"
''''
FPN: 426898-1-58-01
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of the Agreement between the state of Florida, Department of Transportation and
I City of Boynton Beach
Dated: I
PROJECT LOCATION: Seacrest Boulevard
The project 0 is X is not on the National Highway System
The project 0 is X is not on the State Highway System
PROJECT DESCRIPTION:
Flexible pavement reconstruction from Boynton Beach Blvd. to NW. 13th Ave.
SPECIAL CONSIDERATION BY THE 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 projects activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) NIA Study to be completed by N/A . (Phase 18 and 28 LAP Agreemenfs)
b) Design to be completed on or before N/A . (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 LAPS, 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 10/1/2009 (For Phase 58 LAPs) (This date would be
prior to the end of the Fiscal Year that the Phase 58 ;s programmed in FM)
f) Construction to be completed on or before 12/3112011 (Phase 58 LAP Agreements)
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
This project is for Construction Only in the year 2009 I 2010 in the amount of $ 1.998.838.00 . 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 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.
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
LOCAL AGENCY PROGRAM AGREEMENT
52~1~O
PROJECT MANAGEMENT OFFICE
08106
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EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS
City of Boynton 8each
100 E. 80ynton Beach Blvd.
Boynton Beach, Florida 33425-0310
FPN:
426898-1-58-01
PROJECT DESCRIPTION
Name: Seacrest Blvd.
Termini: From Bovnton Beach Blvd. to NW. 13'" Ave.
Length: 0671 miles
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAl AGENCY STATE &
PROJECT FUNDS FUNOS FEOERAl FUNDS
Planning 2006-2007
2007-2008
2008-2009
Total Planning Cost
Project Development & Environment (PO&E)
2006-2007
2007-2008
2008-2009
Tolal PD&E Cost
Design 2006-2007
2007-2008
2008-2009
Total Design Cost
Right-of-Way 2006-2007
2007-2008
2008-2009
Total Rlaht-of-Wav Cost
Construction 2Q06.2007
2008-2009
2008-2009
2009-2010 (FSSU) $1 998838.00 $1 998838 00
Total Construdion Cost '1 998838.00 $1.998.838.00
Construction Engineering and Inspection (eEl)
2006-2007
2007.2008
2008-2009
Total CEI Cost
Total Construdion and eEl Costs $1.998.838.00 $1.998.838.00
TOTAL COST OF THE PROJECT $1.998,838.00 $1.998.838.00
The Department's fiscal year begins on July 1. For this project. funds are not projected to be available until after the 1 st of July of
each fiscal year. The Department will notify the Agency. in writing. when funds are available.
STATE OF FLORIOA OEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
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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: $ 1,998,838.00
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.
Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
State Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various I RR 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
LOCAL AGENCY PROGRAM AGREEMENT
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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 entirely, or remove or replace those plants that fall
below original Project Standards.
The Agency agrees to repair, remove or replace at its own expense aU 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 perform 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 anyone 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
LOCAL AGENCY PROGRAM AGREEMENT
525-01Q-.40
PRODUCTION SUPPORT
06IQ6
Pa..
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 retum receipt requested:
a) If to the Department, addressed to:
Barbara Handrahan. Local Proorams Administrator
Florida Department of Transoortation
Prooram Manaoement Office
3400 West Commercial Boulevard
Fl. Lauderdale. Florida 33309-3421
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:
Andrew Mack. P.E.
Citv of Bovnton Beach. Public Works and Enaineerino Division
100 E. Bovnton Beach Boulevard
P.O 310
Bovnton Beach. Florida 33425-0310
or at such other address as the Agency may from time to time designate by written notice
to the Department.
10. This LMA, if attached as an exhibit to the Agreement. forms an integral part of the Agreement between the
parties dated
All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and
other instruments.
STATE OF FLORIDA OEPARTMENT OF TRANSPORr....TION
LOCAL AGENCY PROGRAM AGREEMENT
52~'0-40
PRODUCTION SUPPORT
08i06
...,.,
EXHIBIT "RL"
ROADWAY LIGHTING MAINTENANCE AGREEMENT (RLMA)
Paragraph 13.14 is expanded by the following:
1. a) The Agency shall, at its sole cost and expense, maintain the existing or about to' be installed roadway lighting
system throughout its expected useful life unless and until this exhibit is superseded by a State Highway Maintenance and
Compensation Agreement.
b) In maintaining the roadway lighting system, the Agency shall perform all activities necessary to keep the
roadway lighting system fully and properly functioning, with a minimum of 90% lights burning for any lighting type (e.g.,
high mast, standard, under deck, sign) or roadway system at all times for their normal expected useful life in accordance
with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage or acts of
nature. Said maintenance shall include, but not limited to, providing electrical power and paying ail charges associated
therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any
component parts of the facilities (including the poles and any and all other component parts installed as part of the
facilities), and the locating (both vertically and horizontally) of the facilities as may be necessary.
c) All maintenance shall be in accordance with the provisions of the following:
(1) Manual of Uniform Traffic Control Devices (MUTCD); and
(2) All other applicable local, state or federal laws. rules. resolutions or ordinances and Department
procedures.
2. Record Keeping
The Agency shall keep records of all activities performed pursuant to this RLMA. The records shall be kept in
such format as is approved by the Department.
3. Default
In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which
are otherwise provided for in this Agreement, the Department may exercise one or more of the following options, provided
that at no time shall the Department be entitled to receive double recovery of damages:
a) Pursue a claim for damages suffered by the Department or the public.
b) Pursue any other remedies legally available.
c) As to any work not performed by the Agency. perform any work with its own forces or through contractors and
seek reimbursement for the cost thereof from the Agency, if the Agency fails to cure the non-performance within 14
calendar days after written notice from the Department; however, that advance notice and cure shall not be preconditions
in the event of an emergency.
STATE OF FLORIOAOEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROOUCTION SUPPORT
0!lI06
Page 2
EXHIBIT "RL" (continued)
ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA)
4. Force Majeure
Neither the Agency nor the Department shall be liable to the other for any failure to perform under this exhibit to
the extent such performance is prevented by an act of God, war, riots, natural catastrophe or other event beyond the
control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence,
provided the party claiming the excuse from performance has:
a) Promptly notified the other party of the occurrence and its estimate duration,
b) Promptly remedied or mitigated the effect of the occurrence to the extent possible, and
c) Resumed performance as soon as possible.
5. Miscellaneous
a) The parties understand and agree that the Department has manuals and written policies and procedures
which shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the
Department may have entered into joint agreements for utility work to be performed by a contractor. To the extent that
such a joint agreement exists, this exhibit shall not apply to facilities covered by the joint agreement. Copies of
Department manuals, policies. and procedures will be provided to the Agency upon request.
b) Time is of the essence in the performance of all obligations under this RLMA.
-
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01(1....40
PRODUCTION SUPPORT
030<J9
p...
EXHIBIT "S"
2009 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)
JOB REPORTING
FPN: 426898-1-58-01
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation
(Department) and
Citv of Bovnton Beach
Dated
SPECIAL CONSIDERATIONS BY AGENCY:
Compliance with the 2009 American Recovery and Reinvestment Act (ARRA)
This project is subject to the criteria and conditions of the 2009 American Recovery and Reinvestment Act
(ARRA). The Agency will satisfy the Federal reporting requirements for the project(s), such as the monthly
employment report, for both the Contractor and Subcontractor. The Agency will provide the required
information on fonn(s) provided by the Department in the timeframe indicated in the instructions. The Agency
will ensure that the reporting requirements are included in all ARRA contracts and subcontracts.
The Agency will withhold the Contractor's progress payments, project acceptance, and final payment for failure
to comply with the requirements of the 2009 ARRA.
Authority of the U.S. Comptroller General
Section 902 of the 2009 ARRA provides the U.S. Comptroller General and his representatives the authority:
1. To examine any records of the Contractor or any of its Subcontractors, or any State or Local Agency
administering such contract, that directly pertain to, and involve transactions relating to, the contract or
subcontract; and
2. To interview any officer or employee of the Contractor or any of its Subcontractors, or of any State or Local
Agency administering the contract, regarding such transactions.
Accordingly, the U.S. ComptrOller General and his representatives shall have the authority and rights as
provided under Section 902 of the 2009 ARRA with respect to this contract, which is funded with funds made
available under the 2009 ARRA. Section 902 further states that nothing in this Section shall be interpreted to
limit or restrict, in any way, any existing authority of the U.S. Comptroller General.
Authority of the U.S. Inspector General
Section 1515(a) of the 2009 ARRA provides authority for any representatives of the Inspector General to
examine any records or interview any employee or officers working on this contract. The Contractor is advised
that representatives of the U.S. Inspector General have the authority to examine any record and interview any
employee or officer of the Contractor, its Subcontractors or other firms working on this contract. Section
1515(b) further provides that nothing in this Section shall be interpreted to limit or restrict, in any way, any
existing authority of the Inspector General.
-
STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-{)10-.40
PRODUCTION SUPPORT
0B<l6
p...
EXHIBIT "Tn
TRAFFIC SIGNAL MAINTENANCE AGREEMENT (TSMA)
Paragraph 13.14 is expanded by the following:
The parties mutually agree and covenant as follows:
1. When the District Traffic Operations Engineer of the Department has served a request order on the Agency,
and the designated officer of the Agency has favorably acknowledged the request order, the Agency shall undertake the
responsibilities to maintain and operate existing or new traffic signals and signal systems mentioned in the request order.
2. The proposed functional design and operation of new traffic signals and signal systems shall be reviewed by
the Agency in conjunction with the Department prior to installation. Such design and operation will be as energy efficient
as possible.
3. The installation of signals or signal systems shall not endanger highway travel and shall be conducted in
accordance with Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), as amended, and with all applicable
Department standards. specifications and plans governing traffic control for street and highway construction and
maintenance.
4. The Agency shall be responsible for the maintenance and continuous operation of the traffic signals and signal
systems (central computer, cameras, message signs, and communications interconnect), school zone traffic control
devices, intersection flashing beacons, illuminated street sign names, and the payment of electricity and electrical charges
incurred in connection with the operation of such traffic signals and signal systems upon completion of their installation. In
the case of construction contracts, the Agency shall be responsible for the payment of electricity and electrical charges
incurred in connection with the operation of the traffic signals and signal systems, and shall undertake the maintenance
and continuous operation of said traffic signals and signal systems upon final acceptance of the installation by the
Department. Repair or replacement and other responsibilities of the installation contractor and the Department, during the
burn-in period between conditional and final acceptance, are contained in the most recent Department's Standard
Specifications for Road and Bridae Construction.
5. The Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe
and efficient movement of highway traffic and that agree with maintenance practices prescribed by the International
Municipal Signal Association (IMSA) and operational requirements of the MUTCD, as amended. The Agency's
maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service, and
routine repairs), and emergency maintenance (troubleshooting in the event of equipment malfunction, failure or damage).
The Agency shall record its maintenance activities in a traffic signal maintenance log which shall contain. as a minimum,
traffic signal log details recommended by the IMSA.
6. The Agency may remove any component of the installed equipment for repair; however. it shall not make any
permanent modifications andlor equipment replacements unless the equipment provided is the same age or newer and is
capable of performing the same functions. The Department shall not make any modifications andlor equipment
replacements without prior written notice to the Agency.
7. The Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the
Department's timing and phasing plans, specifications or special provisions. The Agency may make modifications in
phasing of traffic signals and signal systems to accommodate changing needs of traffic provided prior written approval is
obtained from the Department. Department approval shall be contingent upon an engineering report prepared by or for
the Agency in accordance with Section 1A.09, "Engineering Study and Engineering Judgment". of the MUTCD
recommending such changes and signed and sealed by a qualified Professional Engineer licensed in the State of Florida.
The Agency may make changes in the signal timing provided these changes are made under the direction of a qualified
Professional Engineer. The Agency shall send a signed and sealed copy of the timings to the Department immediately
after installation. The Department reserves the right to examine equipment, timing, and phasing at any time and, after
consultation with the Agency, may specify modifications. If the Department specifies modification in timing andlor
phasing. implementation of such modifications shall be coordinated with, or made by the Agency.
STATE OF FLORIDA. DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-410
PRODUCTION SUPPORT
08106
Pogo
EXHIBIT "T" (continued)
TRAFFIC SIGNAL MAINTENANCE AGREEMENT (TSMA)
8. The Agency shall note in the maintenance log any timing and/or phasing changes and keep a copy of the
timings and any approval documentation in a file.
9. The Agency may enter into agreements with other parties pertaining to traffic signals and signal systems
including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic
signals and signal systems on the State Highway System provided that such agreements are consistent with the mutual
covenants contained in this TSMA. The Agency shall fumish a copy of such agreements to the Department.
10. This TSMA shall remain in force during the life of the originally installed equipment and/or the life of any
replacement equipment installed with the mutual consent of the parties hereto until superseded by a Traffic Signal
Maintenance and Compensation Agreement between the Department and the Agency.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATtQN
LOCAL AGENCY PROGRAM AGREEMENT
525-010.40
PRODUCTION SUPPORT
03199
Page
EXHIBIT "XU
PROJECT ESTIMATE AND DISBURSEMENT SCHEDULE
FPN: 426898-1-58-01
This exhibit forms an integral part of the Agreement between the State of Florida, Department of
Transportation (Department) and
City of Bovnton Beach
Dated
SPECIAL CONSIDERATIONS BY AGENCY:
The following paragraph replaces Section 4.00 Project Estimate and Disbursement Schedule of the Local
Agency Program Agreement executed between the Department and
City of Bovnton Beach
Dated
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 execution of a LAP
Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees
that funding for this project may be reduced upon determination of the award amount and execution of a LAP
Supplemental Agreement. If a LAP Supplemental Agreement is executed, copies should be forwarded to the
Department's Office of Comptroller and Federal-Aid Management Office.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-ll10-30
FEDERAL-AID PROJECT FUNDING REQUEST CONSTRUCTION
08/00
Page 1 of 2
DATE 7/16/09
AGENCY City of Boynton Beach FEDERAL-AID PROJECT NUMBER ARRA 029B
FIN NUMBER 426898-1-~8-01 STATE JOB NUMBER TIP PAGE NUMBER
PROJECT TITLE: Seacrest Blvd.
PROJECT TERMINI FROM: From Bovnton Beach Blvd. to NW. 13th Ave.
WORK PHASE: D PLANNING D ENVIRONMENTAL D DESIGN ~ CONSTRUCTION D RIGHT OF WAY
AWARD TYPE: ~ LOCAL D LOCAL FORCES
ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most
recent reevaluation date.
EIS approved on: , and reevaluated on:
EA /FONSI approved on: I and reevaluated on:
Categorical Exclusion:
Programmatic Categorical Exclusion determination on: 8/11/09
Type I Categorical Exclusion determination on:
Type II Categorical Exclusion determination on:
Categorical Exclusion Reevaluation on:
PHASE TOTAL LOCAL AGENCY STATE FEDERAL FUNDS PERCENT OBLIGATION DATE
ESTIMATED COST FUNDS FUNDING (nearest Dollar) FEDERAL Month I Year
(nearest Dollar) (nearest Dollar) (nearest Dollar) FUNDS
PLANNING
PD&E
DESIGN
RIW
CONST. $1,998,838.00 $1,998,838.00 100
TOTAL $1,998,838.00 $1,998,838.00 100
DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition)
Roadway Width: 60' Number of Lanes 5
Bridge Number(s) on Project N/A
DESCRIPTION OF PROPOSED WORK D New Construction [B 3-R D EnhancementD Congestion Mitigation
Roadway Width 60" Number of Lanes 4
Bridge Numbers(s) on Project N/A
LOCAL AGENCY CONTACT PERSON
Andrew Mack, P.E.
MAILING ADDRESS:
100 E. Bo nton Beach Blvd.
AGENCY
Ci of Bo nton Beach
LOCATION AND DESIGN APPROVAL:
BY:
j
TITLE:
TO FORtv',
525-ll10-30
CONSTRUCTION
08100
Page 2 of 2
AGENCY: PROJECT TITLE: DATE:
City of Boynton Beach Flexible pavement reconstruction on Seacrest 7/16/09
Blvd.
ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS:
This project has been determined to be a Programmatic Categorical Exclusion.
RIGHT OF WAY AND RELOCATION:
No right-of-way acquisition required on this project.
THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE
ADMINISTRATION AGENCY OR AGENCIES, OR IT'S DESIGNEE, AND IS NOT INCONSISTANT
WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT.
AGENCY: City of Bovnton Beach
DATE: IO/!Jdo'l By ~~i;r
I I ( (M or I Ch' an)
V
FORM
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LAP CERTIFICATION
57~
RIGHT OF WAY
""'"
R/W ITEM/SEGMENT NO.: N/A MANAGING DISTRICT: F'DOT Cisl (lC.t~
CONSTRUCTION ITEM/SEGMENT NO.: tJ/A . STATE ROAD: /VIA
FAP. NO. (Construction): '/?h~Cj'8 -1~SB-ol_ DESCRIPTION: St=ACf?fST &JLlD reOI'Vl
COUNTY: PAI.-vt BEAG- . BO'ltJtO.0 5fACH BlvD TO C-/b
LETTING DATE: kJlA t:,c,IJA!: I'IItDIA,.)~MP(O<.J~€N~~,
The undersigned hereby'certifies as follows: ~sve,eAc;r""~tLIG~'f-WY/5IDfW"'O
PAue-...e-.ul' rt'lAJ!j :1'~~ . .
Title to all property and easements needed for the above construction project is vested in the Florida Department of
Transportation (Department) or a state or local government. Sufficient authority has been obtained to construct and
maintain the proposed improvemenls on property and easements owned by slate or local governments. Further:
Acquisition
)( Right of way was not acquired for this project.
o Right of way was acquired for this project in compliance with applicable state and federal law.
Relocation
)It: No persons or businesses were required to move or move personal property from the project right of way.
o All persons and businesses that were required to move or move personal property from the project right of way have
been provided relocation assistance in compliance with applicable state and federal law.
Demolition
... No structures or improvements, including encroachments, required removal from the project right of way.
o All structures and/or improvements, including encroachments, have been removed from the project right of way in
compliance with applicable state and federal law. or will be included in the construction contract.
Asbestos Abatement
)I( No structures or improvements requiring asbestos abatement were located on the project right of way.
o Asbestos abatement of buildings and/or structures, including those to be removed by the conslruction contractor, has
been completed in compliance with applicable state and federal law, or will be included in the construction contract.
n --. ~\.
.' -'l\.jtC.1' tcltf0--- ~
Title: 1-/, DAuI!> KEL../... 1.)1<<.. .t;. .,5,t"1. Date: 1 B oq
c;J,..., E-f..J6 I!... c.1f-'I'o~e:6'1Nw...,B~.4CH
7/270
Submitted by local Agency:
Certified by:
'.1M"T TI./W M r'l
A&-I56?
Date:
7/J1,t? till
Title: A$~'.rr,tJ
ADDITIONAL STATEMENT - Local Agency Program
No Additional Right of Way Required
RfW ITEM/SEGMENT NO.: N/A
STATE ROAD: N/A
CONST. ITEM SEGMENT NO.: N/A
DESCRIPTION: Seacrest Boulevard from Bovnton
FAP. NO.: 426898-1-58-01
Beach Boulevard to C-16 Canal
PREFERRED LETTING DATE: N/A
LOCAL AGENCY: City of Bovnton Beach
The following interests in land (Right of Way) will NOT be required for the construction of this
project.
~
Fee Title - land on which a permanent improvement is to be placed and maintained.
~
Perpetual Easement - maybe used when permanent improvement is to be constructed
and maintained on a parcel for which acquisition of fee title is impractical.
~
Temporary Easement - used when it is necessary to temporarily occupy a parcel. No
improvement which is a permanent part of the transportation facility or which requires
maintenance beyond the term of the easement will be constructed on the temporary
easement.
The right of way maps/sketches have been compared to the construction plans and the right of
way, as shown, and will accommodate the planned construction. The construction activities will
be performed in the existing right of way. The contractor will not be required to temporarily enter
upon property not owned by NAME OF LOCAL GOVERNMENT for the purpose of restoration and
harmonization.
/~v~~~~>, ,
L I
H. David Kellev. Jr., P.E./P.S.M.
NAME (Printed)
Julv 8. 2009
DATE
Title: Citv Enqineer
Agency: City of Bovnton Beach
FPID 426898.1
.
93000024 - N Seacrest Blvd from NE 13 Ave IMP 0.000) to NW 13 Ave IMP 0.014)
/)iJ
("
TYPE 1 AND PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST
FPlD No.
Agency:
County:
426486-1-58-01
City of Boynton Beach
Palm Beach
Project Description: Milling and resurfacing, landscaping and sidewalks of Seacrest Blvd.
Limits: Boynton Beach Boulevard to Boynton Canal
Type of Construction 10 be performed: Streetscape
YES NO
-L
-2L
-L
-L
..JL
..JL
..JL
-L
-L
..JL
Are the impacts to local traffic patterns, property access, community cohesiveness,planned
community growth or land use patterns not adverse?
Are all air, noise and water quality impacts negligible or non-existent?
If there is wetland involvement, does it qualify for either Nationwide or General Pennit?
Can the project proceed without a U.S. Coast Guard Permit?
Are any or all floodplain encroachments not significant in accordance with Part 2, Chapter 24 of
PD&E Manual
Will endangered and threatened species and their critical habitats remain unaffected?
Is there no right -of-way or an insignificant amount of right-of-way required for the project?
Are the residential or business relocations for the project not significant?
Is Section 4(1) not applicable to the project?
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
Effe<:!" been given?
..JL Is the Contamination involvement not significant?
-'L The project does not require public hearing or an opportunity for a public hearing?
IMPORTANT If the answer to any of these questions is No, then a Type I Programmatic Categorical exclusion
does not Apply.
FPID No. 426486-1-58-01
FINDING:
This project has been evaluated and has been determined to meet the conditions as set forth in the PD&E Manual,
Part I, Chapter 3, therefore:
-1L
This project is a Programmatic Categorical Exclusion per FHW A approval on March I, 1995
As amended on September 4, 1996, December 7, 2000, and the FHW A and the FT A Agency
Operating Agreement executed on February 12,2003.
This project is a Type I Categorical Exclusion under (23 CFR 771.117 c) effective
November 27,1987.
Agency Concurrence:
Date:
H,'t>/.\u,t::> KE\le Pf;lP.s.~.
b r=~6'tV e-eiZ... I '----
LAP Administrator: a-...baAA. rV'~ate:
JfM.
S-/O& (D?
8/;0/0 'f
.
FDOTConcurrence:~ ~
District 4 Environmental Administrator
Date:
9,/ II / (j 1
, I
The City of Boynton Beach
<;J;' 0,
(1~. ( ((\.
- . ,-
';\ , ,u
- ~ /"
J ~{'
."vro~ "'\.
P.O. Box 3/0
Boynton Beach. Florida JJ425.03/0
PUBLIC WORKS DEPARTMENT
Engineering Division
Phone (56/) 742-6980
Fox (56/) 742-6285
www.boynlon-beach.org
OFFICE OF THE CITY ENGINEER
MEMORANDUM
Date:
July 20, 2009
To:
Ann Broadwell, D4 Environmental Administrator
From:
Lisa Frazier, Senior Environmental Specialist
Copies:
Lynn Kiefer, Marwan Mutleh, Vincent Fusconi
Subject:
Seacrest Blvd Streetscape Project
Financial Management Number: 426486-1-58-01
Federal Aid Project Number: NA
County/Section: Palm Beach/Section 21
Limits: From Boynton Beach Blvd to Boynton Canal
The Class of Action for this project is a Programmatic Categorical Exclusion (PC E), based on Federal Highway
Administration (FHWA), Federal Transit Authority (FTA), and Florida Department of Transportation (FOOT)
Agency Operating Agreement executed on January 15,2003. This project was evaluated on July 12,2009, and the
Administrative Class of Action Determination remains valid.
The proposed project is a streetscape project located within the City of Boynton Beach Community Redevelopment
Agency (CRA) boundaries and is part of proposed CRA improvements. Refer /0 Figure / - Loca/ion Map. The
0.68 mile long project consists of an existing 5-lane section of Sea crest Boulevard; four travel lanes and the 5" lane
is a 2-way left turn lane. The improvements will include construction of segments of curbed median, landscaping in
median, landscaping behind the outside existing curb. replacement of existing sidewalk, milling and resurfacing and
construction ofU-turnlbus bay areas. The U-turnlbus bays are proposed at the SW cornerofNW 8" Street and the
NE cornerofNE 4" A venue. No right of way acquisition is anticipated. The City of Boynton Beach is responsible
for permitting within the project jurisdiction. Site photographs are attached in Appendix A.
Local Traffic Patterns
Temporary lane closures may be required during project construction. However, a Motorist Awareness System will
be used during these lane closures to minimize short-term impacts to local traffic patterns. Permanent impacts to
local traffic patterns are not anticipated.
Property Access and right of way acquisition
No adverse effects to property access are expected as a result of the project as all driveway openings will be
maintained. No right-of-way (R/W) acquisition is required for the proposed project. However, the u-turnlbus bay
areas will require an additional twelve feet ofland outside the R1W. This area is already owned by the CRA and thus
does not require acquisition.
A."J...~ln('A'S (;,17'NIJ'A 1. 'I'{) 'rlll....OU1,f:....TNJ...'l&,1l
Planned Community Growth/Land Use Patterns
This project is not expected to have any adverse impacts to planned community growth or planned land use patterns.
The project will enhance the aesthetics for the traveling community and is part of the proposed CRA improvements.
Community Cohesiveness
The project limits are wholly within the City of Boynton Beach and involves streetscape enhancements on an
existing road. The project is not anticipated to divide neighbors, cause social isolation, impact land use patterns or
impact community cohesiveness.
Air Quality and Noise
The project is located in an area which is designated attainment for all of the National Ambient Air Quality
Standards under the criteria provided in the Clean Air Act. Therefore, the Clean Air Act conformity requirements do
not apply to the project. No long-tenn noise impacts are expected as a result of the project, since it is not a capacity
improvement. The scope of work does not involve construction of additional travel lanes, and no noise impacts are
expected as per 23 CFR 772, a noise study is not required. Temporaty secondary noise impacts associated with
construction and traffic delays may occur. Noise control measures will include those contained in FDOT's Standard
Specifications for Road and Bridge Construction.
Water Quality and Wetlands
Based on site reconnaissance conducted on April 6, 2009, there are no wetlands within the proposed project area.
The Boynton Canal, located north of the project, will not be impacted by the project work. No work activity will be
conducted within the canal right of way, and there will be no discharges to the canal. The improvements are minor
and will not result in an increase in impervious area. No impacts to water quality are anticipated from the proposed
project activities.
Floodplain Encroachment
Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM), available from the FEMA
website (htto:/Iwww.fema.gov; accessed May 5, 2009), were reviewed to determine if the project area is located
within a Oood zone. According to FEMA FIRM Panels 120 I 960003C and 120 1960004C, the project is located
within Zone X, outsidc of the special Oood hazard area. Thus, there will be no impacts to the tOO-year Ooodplain.
Endangered and Threalened Species, Other Wildlife, and Their Critical Habitat
A standard data search of Florida Natural Areas Inventory (FNAI) Database was conducted for the referenced
property dated April 27, 2009. The database did not reveal any elemental occurrences within the project area.
Wood stork (Mycteria americana) Core Foraging Areas (CFA 's) overlap the project area in addition to Florida scrub
jay (Aphe/ocoma coerulescens) consultation areas. Based on a review ofthe FOOT Environmental Screening Tool
(EST), the project will not encroach upon any sensitive habitat areas. The proposed project activities are anticipated
to have no impacts on wood stork CF As. Due to the scope of work and urbanized setting and based on field
reconnaissance, there is no habitat to support listed species within the corridor and adverse impacts to any
endangered or threatened animal species, other wildlife, or their critical habitat are not anticipated. In an email
dated July 16,2009, John Wrublik of the U.S. Fish and Wildlife Service concurs with "the FDOT's determination
that the project will not affect Federally-listed species ".
Essential Fish Habitat
Not applicable. No Essential Fish Habitat resources exist in the project area.
Coastal Barricr Resources
The project is not located within a Coastal Barrier Resource Act (CBRA) area.
.
Community Services
The corridor consists of single-family and multi-family residential areas, businesses and community services,
churches, schools and community parks. There are no proposed impacts to these properties and access to these
properties will be maintained throughout construction. The proposed project is considered a minor construction
activity that will disturb minimal land area. Traffic disruption and temporary noise and air quality impacts may
occur during construction. Construction impacts will be minimized to the extent practical by adherence to all state
and local regulations and to the FDOT's Standard Specifications for Road and Bridge Construction.
Section 4(1) of the Department of Transportation Act
Two neighborhood parks and a recreational path were identified within the project area. Due to the scope of work
occurring within the extent of the existing City of Boynton Beach, or City of Boynton Beach Community
Redevelopment Agency (CRA) right-of-way only, no adverse impacts to the parks or historic structures are
anticipated from the proposed project activities. In addition, all project related equipment, resources, and materials
will be staged within the existing right-of-way and project limits.
Section 106 of the National Historic Preservation Act
There are historic structures adjacent to the project corridor, and a Florida Master Site File search was conducted by
the State Historic Preservation Officer (SHPO) dated, April 28, 2009. The search revealed 20-25 historic structures
along the corridor in the area between Boynton Beach Boulevard and NE 6'h A venue; however, these structures are
not listed on, or been detennined eligible for listing on, the National Register of Historic Places (NRHP).
Additionally, SHPO has provided infonnation, includcd in Appendix B. that no known archaeological resources were
identified within the search area. Due to the scope of work occurring within the cxtent ofthe right-of-way only,
none of the identified historic resources will be affected by the proposed project improvements.
Contamination
Potential and known contamination areas were reviewed during field reconnaissance for the project area and areas in
the vicinity of the project. A review of FirstSearchT'" contamination databases was conducted to verify known
contamination sources. The results of the search found 13 sites within a 'l'. mile radius but no sites directly on the
project corridor. All sites consisted of licensed hazardous or solid waste generators or permitted underground
storage tanks. A review of the FDOT EST indicated Florentine Marble Inc was a toxic material release facility
located approximately 'l'.-mile east ofthc project ncar NE 6'h Avenue. This property was verificd using the US EPA
EnviroFacts database, but due to the location, and air-related release there should be no impact to the project. A
Contamination Review Map was produced by the Environmental Office ofFDOT District IV and has been included
as part of this memO.
No contamination impacts are anticipated as a result of this project. In the event that construction operations
encounter or expose any abnormal condition that may indicate the presence of a hazardous materials or toxic waste,
the contractor is required to follow the latest edition of the FDOT Standard Specifications for Road and Bridge
Construction (Section 8-4.9).
Public Hearing
No public hearing or opportunity for public hearing is required, in accordance with Part I, Chapter 8 of the FDOT
PD&E Manual.
Controvcrsy
No controversial environmental issues exist regarding this project.
Trees
No tree impacts are expected from this project.
Perm its
Seacrest Blvd is a Palm Beach County road and the City will need to apply for a ROW penni\. In addition, in
accordance with the SFWMD requirements, a project which meets the specified criteria set forth in Section 40E-
400.215, may qualify for a No Notice General Environmental Resource Penn it under this Rule Chapter:
1. All works entirely in uplands which serve projects with less than ten acres total land area and with less
than two acres impervious surface, and which will not either be conducted in or impact wetlands or other
surface waters on - or off-site,
2. All works entirely in uplands for road grading which involve no change in road elevation and resurfacing
of existing roads, and which do not interrupt or impound the flow of surface waters into wetlands, are
pennined by this rule, subject to conditions.
All applications are in process.
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CITY CLERK'S OFFICE
MEMORANDUM
TO: Andrew Mack
Engineering
FROM: Janet M. Prainito, CMC
City Clerk
DATE: October 6, 2009
RE: R09-143 Agreement for Pavement Reconstruction of Sea crest
Blvd from Boynton Beach Boulevard to NW 13th Avenue
Attached for your signature are five (5) originals of the above mentioned agreement.
Once you have executed the agreements please forward to the State of Florida
Department of Transportation for Mr. Gerry O'Reilly's signature.
Once the executed agreement has been returned to you, please be sure to forward the
original to the City Clerk's Office for Central File.
Please contact me if there are any questions. Thank you.
cr-'tn.~
Attachments (5)
cc: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2009\Andrew Make R09-143.doe
S-\CC\WP\AFTER COMMISSION\Departmental Transmittals\2009\Andrew Make R09-143.doc