Are Local Agency Program (LAP) /Joint Project Agreement (JPA) agreements required for local agencies to utilize ER funds?
For emergency repair work, the FDOT has the flexibility to use either the LAP Agreement or JPA when working with local agencies to utilize ER funds. For permanent repair work FHWA requires the FDOT to utilize the LAP Certification Process for repair projects done by locals. The LAP process is the method by which we have assurance that the Federal-aid requirements are understood and followed by the locals. Just like regular federal-aid projects these projects have to be authorized for construction and have to meet all regular federal-aid requirements. Additionally, if the local agency does permanent work by force account they must be LAP certified and would have to seek FHWA approval, in the form of a Public Interest Finding, as being more cost effective than a competitive bid contract. [References: 23 U.S.C. 112, 23 CFR 635.106(a), 635.204, 635.205, 635.407(a), 635.411(c)] Please note that Force Account, by definition, is the actual cost of all labor, equipment, and materials expended
