HomeMy WebLinkAbout2015-043STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
316,314o A6
$•K
525-010-40
SPECIFICATIONS AND
ESTIMATES
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FPN: 431728-1-58/68-01
Federal No: 8886-444-A
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County No:88
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Org Code: 55043010404 FLAIR Obj:
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12-1"—Ola Vendor No: F-596000673026
Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No: 079208989
Catalog of Federal Domestic Assistance (CFDA). 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of 1. 1,
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency
Department, and Indian River County hereinafter called the Agency.
WITNESSETH.
of the State
by and between the STATE
of Florida, hereinafter called the
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 87'h
Street from 101st Avenue to CR -510 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, and 1 are attached and made a part hereof
2.01 General Requirements: The Agency shall complete the Project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Departments 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 the Project.
Inactivity and Removal of Any Unbilled Funds
Once the Department issues a Notice to Proceed (NTP) for the Project, the Agency shall be obligated to submit an invoice
or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a
quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than
quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the
Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may
include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be
solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to
provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the
Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State
appropriation authority In addition to the loss of funding for the Project, the Department will also consider the de-
certification of the Agency for future LAP Projects.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Removal of All Funds
525-010-d0
SPECIFICATIONS AND
ESTIMATES
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If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the
AQoncy, and the Project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Agency. No state funds can be used on off -system projects.
2.02 Expiration of Agreement: The Agency agrees to compete the Project on or before June 30.2017. 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 m|eoUmn, refanandum, approua|, 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, napodn, naonnds, oontnsctm, and other documents relating to the Project as the Department and the Federal
Highway AdministnaUnn(F require. The Agency shall use the Department's Local Agency Program lnformation
Tool and apUcabIe information' systems as required.
3.00 Project Cost:
3.01 Total Cost: The total cost pfthe Project iss1.211,4530I 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 in the Project costo 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 onty from the date
of this Agreement. It is understood that Department participation in eligible Project costs is subjecto:
a. Legislative approval of the Department's appropriation request in the work program year that the Project is
scheduled to be committed,
b. Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
and
d. Department approval of the Project scope and budget at the time appropriation authority becomes available.
3.04 Approprlation 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 Departments 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 Agericy, in writing, when
funds are available.
3.05 Multi -Year Commitment: In the event this Agreemenis in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated.
"(a) The Oopadmmnt, during any fiscal year. shall not expend money, incur any |\obiUty, or enter into any
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
SPECIFICATIONS AND
ESTIMATES
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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 (NTP) from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from
the date the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled
advertisement, the District LAP Administrator should be notified as soon as possible.
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 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
•Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or Project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a Project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in
conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by
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 agency's contract award amount. If revised,
a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease
shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the
Department's Comptroller
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
Project and all other records of the Agency and subcontractors considered necessary by the Department for a proper
audit of costs. If any litigation, claim or audit is started before the expiration of the 5 -year period, the records shall be
retained until all litigation, claims or audit findings involvingthe 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 bome 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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
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5.04 Audit Reports: The administration of resources awarded through the Department to the Agency by this Agreement
may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the
Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the
authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The
Agency shall comply with all audit and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal
years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on-site
visits by Department staff and/or other procedures including, reviewing any required performance and financial
reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through
audits when those findings pertain to Federal awards provided through the Department by this Agreement. By
entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of
Florida Chief Financial Officer (CFO) or State of Florida Auditor General.
b. The Agency, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December
26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or
after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this
Agreement is subject to the following requirements:
1 In the event the Agency expends a total amount of Federal awards equal to or in excess of the
threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014,
and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or
after December 26, 2014, the Agency must have a Federal single or program -specific audit for such
fiscal year conducted in accordance with the provisions of OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200,
Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit 1
to this Agreement provides the required Federal award identification information needed by the
Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements,
for fiscal years beginning on or after December 26, 2014 In determining Federal awards expended in
a fiscal year, the Agency must consider all sources of Federal awards based on when the activity
related to the Federal award occurs, including the Federal award provided through the Department by
this Agreement. The determination of amounts of Federal awards expended should be in accordance
with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26,
2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning
on or after December 26, 2014 An audit conducted by the State of Florida Auditor General in
accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26,
2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014, will meet the requirements of this part.
2. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the
auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December
26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014.
3 In the event the Agency expends Tess than the threshold established by OMB Circular A-133, for fiscal
years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit
Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards, the Agency
is exempt from Federal audit requirements for that fiscal year However, the Agency must provide a
single audit exemption statement to the Department at FDOTSingleAuditadot.state.fl.us no later than
nine months after the end of the Agency's audit period for each applicable audit year. In the event the
Agency expends Tess than the threshold established by OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for
fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-00
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beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F — Audit
Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be
paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's
resources obtained from other than Federal entities).
4 The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https.//harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-133,
for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F —
Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30
calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period
The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F — Audit
Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However,
the Department requires a copy of the audit reporting package also be submitted to
FDOTSingleAudit(a�dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's
report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal
years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F — Audit
Requirements, for fiscal years beginning on or after December 26, 2014.
5. Upon receipt, and within six months, the Department will review the Agency's audit reporting package,
including corrective action plans and management letters, to the extent necessary to determine whether
timely and appropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency fails to have an audit conducted in
accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in
accordance with 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after
December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing additional conditions, the
Department may take appropriate actions to enforce compliance.
6 As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee,
the CFO or State of Florida Auditor General access to the Agency's records including financial
statements, the independent auditor's working papers and project records as necessary. Records
related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or
the dispute is resolved.
7. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAudit(a dot.state.fl.us
c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of five years from the date the audit report is issued and shall allow the Department, or its designee, the
CFO or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the
audit working papers are made available to the Department, or its designee, the CFO, or State of Florida
Auditor General upon request for a period of five 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) unless the records are exempt.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F R. Part 24, Appendix B, and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3 -"Travel" of the Department's Disbursement Operations Manual Topic 350-030-400 (Section 287.058(1)(b),
Florida Statutes).
If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the Project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof or in or with respect to any document of data fumished 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
12.07
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the Project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all Projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B° for
the Project, costs agreed to be bome 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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
(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
as set forth in paragraph 8.(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
turned over promptly by the Agency
8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities
and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of
which the financing is to be computed; (b) furnish a statement of the Project activities and contracts and other
undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried
out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and
conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a
reasonable time. The closing out of federal financial participation in the Project shall not constitute a waiver of any claim
which the Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the Project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency 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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
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The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 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:
"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 recipients 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.0 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U S.0 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.
11.01 Performance Evaluation: Agencies are evaluated on a project -by -project basis. The evaluations provide
information about oversight needs and provide input for the recertification process. Evaluations are submitted to the
Agency's Responsible Charge or designee as part of the Project closeout process. The Department provides the
evaluation to the Agency no more than 30 days after final acceptance.
11.02 Performance Evaluation Ratings: Each evaluation will result in one of three ratings. A rating of Unsatisfactory
Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations,
standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the
Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable
federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above
Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state
regulations, standards and procedures, without District involvement/oversight.
11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that
continuously earn Satisfactory and Above Satisfactory evaluations.
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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525510-00
SPECIFICATIONS AND
ESTIMATES
OGC— 12/14
Page 9
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the Project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C F R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287 017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be 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 governmental agency.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
SPECIFICATIONS AND
ESTIMATES
OGC— 12114
Page 10
12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the Project.
13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, 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 if 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 original and such counterparts together shall constitute one and the
same instrument.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
13.12 Restrictions on Lobbying:
525-010-40
SPECIFICATIONS AND
ESTIMATES
ODC-12114
Page 11
Federal: The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.13 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 ® will ❑ will not
maintain the improvements made for their useful life.
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 30 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.
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 Department and or 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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
13.16 E- VERIFY
525-010-40
SPECIFICATIONS AND
ESTIMATES
OGC-12114
Page 12
The Agency'
1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all
new employees hired by Agency during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to
likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of
all new employees hired by the subcontractor during the contract term
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
•�y .
IN WITNESS WHEREOF, the parties have 661 hese '1'4:Its is to be executed the day and year fir
AGENC an Riv- County _*c
TE OF FLORID DEPARTMENT 0
By / ' (/ -- 'qX
0.1,,...?!.. -;'‘''i ,y_:o;k1ame: Ger O'R
Title: Director of
'q!�'ER COUNT'
Attes � _ _ /i/�/. , C-. Attest: U 1,--k_
ale(
525-010-40
SPECIFICATIONS AND
ESTIMATES
OGC— 12/14
Page 13
APPROVED AS TO FO M
Y
Legal Mel. E ALS F
BY
WILLIAM K. DEW AAL
bprul-r cot.: m'f!T3Ow!CY
See attached Encumbrance Form for date of funding approval by/,�`i6mptroller.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN. 431728-1-58/68-01
525-010-40
PRODUCTION SUPPORT
1/15
Page 14
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Indian River County
Dated S/ 1 1 7 72(1
PROJECT LOCATION:
The project _ is ✓ is not on the National Highway System.
The project is ✓ is not on the State Highway System.
PROJECT DESCRIPTION:
87th Street from 10151 Avenue to CR -510
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule.
a) Study to be completed by N/A
b) Design to be completed by N/A .
c) Right -of -Way requirements identified and provided to the Department by N/A
d) Right -of -Way to be certified by
e) Construction contract to be let by 8/7/2015
f) Construction to be completed by 6/30/2017
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 reimbursement of Construction and CEI only in the year 2014/2015 in the amount of $1,211.453.00.
Upon execution of this agreement by all parties the Department will provide 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 and fiscal
year funding availability.
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 onsite inspection with the Agency.
SPECIAL CONSIDERATIONS BY DEPARTMENT.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT "B"
SCHEDULE OF FUNDING
525-010-00
PRODUCTION SUPPORT
1/15
Page 15
AGENCY NAME & BILLING ADDRESS
Indian River County
1801 27th Street
Vero Beach, FL 32960
FPN: 431728-1-58168-01
PROJECT DESCRIPTION
Name: 871" Street
Termini: from 101a1 Avenue to CR -510
Length: 3.006 Miles
TYPE OF WORK By Fiscal Year
FUNDING
(1)
TOTAL
PROJECT FUNDS
(2)
AGENCY
FUNDS
(3)
STATE &
FEDERAL FUNDS
Planning FY:
FY.
FY
Total Planning Cost
Project Development & Environment (PD&E)
FY:
FY'
FY.
Total PD&E Cost
Design FY:
FY
FY.
Total Design Cost
Right -of -Way FY'
FY.
FY:
Total Right -of -Way Cost
Construction FY: 2014-2015 SE
FY: 2014-2015 TALL
FY. 2014-2015 TALT
FY: 2015-2016 TALL
Total Construction Cost
$142.008.00
$0.00
$142,008.00
$446,891.00
$0.00
$446,891.00
$324,053.00
$0.00
$324,053.00
$178.447.00
$0.00
$178,447.00
$1,091,399 00
$0.00
$1,091,399.00
Construction Engineering and Inspection (CEI)
FY: 2014-2015 TALT
FY.
FY:
Total CEI Cost
Total Construction and CEI Costs
S120,054.00
$0.00
$120,054.00
$120,054 00
$0.00
$120,054.00
$1,211,453.00
$0.00
$1,211,453.00
TOTAL COST OF THE PROJECT
$1,211,453.00
$0.00
$1,211,453.00
The Departments fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of
each fiscal year. The Department will notify the Agency, in writing, when funds are available.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT 1
FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT)
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
CFDA No.: 20.205
CFDA Title: Highway Planning and Construction
Federal -Aid Highway Program, Federal Lands Highway Program
CFDA Program Site: https:llwww.cfda.cgov/
Award Amount: $1211453.00
Awarding Agency: Florida Department of Transportation
Award is for R&D: No
Indirect Cost Rate: N/A
525-010-40
SPECIFICATIONS AND ESTIMATES
1/15
Page 16
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards
http //www.ecf r.gov/
OMB Circular A-133, Audits of States, Local Govemments and Non -Profit Organizations
htti .//www.whitehouse.aov/sites/defaultJfiles/omb/assets/a133!a133 revised 2007.pdf
OMB Circular A-133 Compliance Supplement 2014
http.//www.whitehouse.gov/omb/circulars/a133 compliance supplement 2014
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING:
OMB Circular A-87 (Revised), Cost Principles for State, Local and Indian Tribal Governments
http.//www.whitehouse.gov/omb/circulars a087 2004/
OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments
http.//www.whitehouse.qov/omb/circulars a102/
Title 23 — Highways, United States Code
http://uscode.house.qov/browse/prelimPtitle23&edition=prelim
Title 49 — Transportation, United States Code
http.//uscode.house.qov/browse/prelimAtitle498,edition=prelim
Map -21 — Moving Ahead for Progress in the 215' Century, Public Law 112-141
htto.//www.c po.qov/fdsys/pkg/PLAW-112puh1141/pdf/FLAW-112pub1141.pdf
Federal Highway Administration — Florida Division
hitp.//www.fhwa.dot.gov/fldiv/
Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS)
https.//www.fsrs.govf
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FEDERAL -AID PROJECT FUNDING REQUEST
AGENCY Indian River County
FIN NUMBER 431728-1-58/68-01
PROJECT TITLE 87th Street
525-010-30
CONSTRUCTION
08/00
Page 1 of 2
DATE it 1/V IC
FEDERAL -AID PROJECT NUMBER 8886-444-A
STATE JOB NUMBER TIP PAGE NUMBER
Termini 1 from 10151 Avenue to CR -510 Length. 3.006 Mile
WORK PHASE. n PLANNING n ENVIRONMENTAL n DESIGN
AWARD TYPE:
LOCAL n LOCAL FORCES
4 t
CONSTRUCTION
RIGHT OF WAY
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:
Categorical Exclusion:
Programmatic Categorical Exclusion determination on:
Type I Categorical Exclusion determination on: 11/25/2014
Type II Categorical Exclusion determination on:
Categorical Exclusion Reevaluation on:
and reevaluated on:
PHASE
TOTAL
ESTIMATED COST
(nearest Dollar)
LOCAL AGENCY
FUNDS
(nearest Dollar)
STATE
FUNDING
(nearest Dollar)
FEDERAL FUNDS
(nearest Dollar)
PERCENT
FEDERAL
FUNDS
OBLIGATION DATE
Month / Year
PLANNING
Enhancement
Congestion Mitigation
Sidewalk
Roadway Width 11'- 12' travel lanes Number of Lanes 2
Bridge Numbers(s) on Project None
LOCAL AGENCY CONTACT PERSON
Christopher J Kafer, Jr
TITLE., 1. «,
County Engineer ,
+`;yGO�4M!S..R/ •
PD&E
lc',
:o
PHONE: ;c,,-
772-226-1221 j .4-1 ,4
r
* i#� ;�
AGENCY
River County
ZIP CODE. i '• .•
32960 .*4;•• t�141',
•Indian
LOCATION AND DESIGN APPROVAL: / •- ' �~,1.'.•.. CBV�,-/`
BY - / -..
`=/i
— Approving Authority
TITLE: Chairman DATE. March 3, 20
DESIGN
CONST
$1,091,399.00
$0 00
$0 00
$1,091,399.00
100
CEI
$120,054.00
,
$120,054 00
100
TOTAL
$1,211,453.00
$0.00
$0.00
$1,211,453.00
100
DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition)
Roadway Width: 11' — 12' travel lanes Number of Lanes 2
Bridge Number(s) on Project None
DESCRIPTION OF PROPOSED WORK
New Construction n 3-Riii
Enhancement
Congestion Mitigation
Sidewalk
Roadway Width 11'- 12' travel lanes Number of Lanes 2
Bridge Numbers(s) on Project None
LOCAL AGENCY CONTACT PERSON
Christopher J Kafer, Jr
TITLE., 1. «,
County Engineer ,
+`;yGO�4M!S..R/ •
MAILING ADDRESS
1801 27th Street
Vero Beach, FL 32960
lc',
:o
PHONE: ;c,,-
772-226-1221 j .4-1 ,4
r
* i#� ;�
AGENCY
River County
ZIP CODE. i '• .•
32960 .*4;•• t�141',
•Indian
LOCATION AND DESIGN APPROVAL: / •- ' �~,1.'.•.. CBV�,-/`
BY - / -..
`=/i
— Approving Authority
TITLE: Chairman DATE. March 3, 20
5
525-010-30
CONSTRUCTION
0&00
Page 2 012
AGENCY.
Indian River County
PROJECT TITLE.
87th Street from 101st Avenue to CR -510
DATE:
ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS
An Environmental Determination was completed and approved for the Project.
RIGHT OF WAY AND RELOCATION:
No Right of Way acquisition is required for the Project.
THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR
AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAIS.F.Q&....
COMMUNITY DEVELOPMENT. ;Goti�MiSSr0/i��9s%.,
J' VIlL 6� • •
DATE: March 3, 2015 By:
AGENCY. Indian River County
0—.-
---------*-*-4?-''';'-i a"—
Wesley S. Davis! Chairman
APPROVE& AS TO F
AN = , LSU ICI
WILLIAM K. DEBRAAL
DEPUTY COUNTY ATTORNEY
TO: PG404AD@dot.state.fl.us
SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT ART06
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #ART06 Contract Type:
Vendor Name: INDIAN RIVER COU
Vendor ID: VF596000673026
Beginning date of this Agmt: 03/10/15
Ending date of this Agmt: 06/30/17
Method of Procurement:
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: ORIGINAL Funds have been: APPROVED
55 043010404 *OM *790087 * 912952'.00 *43172815801 *215 *20.205
2015 *55150200 *088796/15
0001 *00 * *0001/04
Action: ORIGINAL Funds have been: APPROVED
55 043010404 *OM *790078 * 120054.00 *43172816801 *215 *20.205
2015 *55150200 *088718/15
0001 *01 * *0002/04
TOTAL AMOUNT: .*$ 1,033,006.00 *
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 03/10/2015
TO: PG404AD@dot.state.fl.us
SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT ART06
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #ART06 Contract Type: AK Method of Procurement: G
Vendor Name: INDIAN RIVER COU
Vendor ID: VF596000673026
Beginning date of this Agmt: 03/10/15
Ending date of this Agmt: 06/30/17
Contract Total/Budgetary Ceiling: ct = $1,211,453.00
************************************************************************
Description:
87th Street from 101st Avenue to CR -510 Sidewalk
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: Funds have been: REVIEWED*
55 043010404 *OM *790087 * 178447.00 *43172815801 *215 *20.205
2016 55150200 088796 16
A001 *00 * * /04
*Funds Approval and encumbrance processing is contingent upon Annual
Legislative appropriation.
TOTAL AMOUNT:
*$
178,447.00 *
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 03/09/2015
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM (LAP) PERFORMANCE EVALUATION
525-010-29
Production Support
OGC - 09/13
District
FDOT Project Manager
Municipality
Local Project Manager
Project Name
Financial Project Number
LAP Agreement ft
Project Amount (all phases)
PERFORMANCE RATING SCALE
3 Above Satisfactory Performance
Local Agency developed the project in accordance with applicable Federal and State regulations, standards and
procedures, without District involvement/oversight.
2 Satisfactory Performance
Local Agency developed the project in accordance with applicable Federal and State regulations, standards and
procedures, with minimal District involvement/oversight.
1 Unsatisfactory Performance
Local Agency failed to develop the project in accordance with applicable Federal and State regulations, standards
and procedures, required excessive District involvement/oversight, or the project was brought in-house by FDOT
[COMPOSITESCORE
Note: An overall score of 2 is considered satisfactory performance. The maximum attainable score is 3.
FDOT District LAP Administrator's Signature Date
FDOT Program Management Administrator/Engineer's Signature Date
Instructions:
In the score box for each item, select from the dropdown list. COMMENTS MUST BE ENTERED FOR ALL RATINGS
Page 1 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM (LAP) PERFORMANCE EVALUATION
525-010-29
Production Support
OGC - 09/13
e.a?&»•vt5f+c.-..'�' n'-"_: o-S.efiz•...-a7•y'.'.:-.' P.Z .'K ..
rre,,,�•-' :Y-SA"C S:i^.t'hl•y"Y- - F,O
SECTio4A (mMAlEjGRADEO) OVERAL&PERRMANGE $ z _ e:
,,,,,,,
COR
SE
1 The Local Agency demonstrated sufficient
Comments:
knowledge to complete the project in
accordance with Federal and/or State
requirements.
2 The Local Agency effectively identified and
Comments:
assessed problems and developed solutions
before those problems caused delays.
3 The project was completed free of errors,
Comments:
omissions or failures that could jeopardize
Federal or State participation.
4 The Local Agency used the required information
Comments:
system (EOC, LAPIT, etc.) for each applicable
phase.
,va9..#i o4. -:,N .+..'S' �4 9 A�'a�q d. --- Y" ' i. nL?i ` '4 -
��
SectionWSco[e`v ¢ -
._ a
"°"WI+°z'i"-`Ye%ItT .i,.'ix'- �R=:S"�E�,i3.t=.�`:2.x-'.Zc'*n.a.w.3.. �.J-v �:,�-r. •€•.->:': .C}.,i}. '-�iSY'^(9. i'vw.':
SECTION;BMUST4BE'GRADED_,PROJECCOS;SCOPE-AND SCHEDULE ,,,
�1 l
SCORE:
1 The Local Agency presented a clear scope of
work and followed that scope in developing the
project.
Comments:
2 The project was advertised within the agreed-
upon schedule.
Comments:
3 The project was completed within the agreed-
upon schedule.
Comments:
4 The Local Agency showed consistent,
satisfactory progress in developing the project.
Comments:
e.+3< irol !. ::Zr sY"' .'u cT^, ✓`i..r+ry .. . '•3t' .i�[,'AL::S.�y: c^ =rF ".-- "3.£S, - .Z.y
�- -' -;< t.:z 3
Section_B;Score:=��..�:���` � � 3 ��� r �< ":w�',
:�..._.....'-s._: :
.:Not Rated:
SEC tJON C..; (NiusTioE'GRADED) COMAAl1NICATION AND 000PERi4T10N ; ` 7
SCARES
1 The Local Agency communicated effectively
Comments:
with the FDOT PM in order to keep the project
on budget and schedule.
2 The Local Agency consulted with the FDOT PM
Comments:
when issues affecting the scope, schedule or
budget arose.
n
c Vin"y+�a7` "'+x,�,- '_�' �r�-.Sc. "Fi,:;�� :�".' ..:d'0 •:Y+.],`.'=y'+-'-iryyr•,?..�ia....sr =r.t-" i:,'Y.^.. �:+11'v: }�>
SWion:C'Score `' '<«z ^ .._ , z.. �° `% b 4 3e
�; >e;'i
SECTION.D_ MUSTBEGRADED- � NVOI:C_ lNGs =ti=»�1:.. .':, GYaM. .,—�-_ °. se.'. "s,,• .,.- ''--'.'_-'v''�- w
...x„�CORE.,z,r.
1 Invoices were submitted timely
Comments:
2 Invoices provided sufficient detail to support
Comments:
requests for payment.
3 Costs billed to FDOT corresponded with work
accomplished as described in progress reports.
Comments:
Page 2 of 6
sy
Seco nDScofe
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM (LAP) PERFORMANCE EVALUATION
525-010-29
Production Support
OGC - 09/13
Page 3 of 6
�-�wNot�Rated
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM (LAP) PERFORMANCE EVALUATION
525-010-29
Production Support
OGC - 09/13
•
SECTIONcE`=PROJECTPSE_; :_ 'w < � r. ;u:=b„ ,.--T-z.- ,, _ `"f ,.
�� _ .. �-...F�.- .:�--,�._� w �. � ",,�. ,�=
�. .•=
SCORE �v.,
1 The Local Agency followed CCNA and the
Brooks Act when hiring consultants for this
phase, unless the work was done with local
force or by FDOT staff/consultants
Comments:
2 The Local Agency sought proper authorizations
from the FDOT PM before performing work,
procuring services or signing contracts.
Comments:
3 The phase was performed in accordance with
FDOTs approved procedures and the
applicable State and Federal regulations.
Comments:
4 The Local Agency demonstrated sufficient
knowledge to complete the project in
accordance with Federal and/or State
Requirements.
Comments:
'}ice
SeCtiOfl ,�¢ SCOIe
meg ` ° 4 dt' i $x�i, ;� x -'t` x z3
,-.- -•,..,
Notliatad
SECTION°F=•PROJEGTMESIGN "�'<•'.: 4 , = ? r •-,, 3 tgti,
1 The Local Agency followed CCNA and the
Brooks Act when hiring consultants for this
phase, unless the work was done with local
force or by FDOT staff/consultants
Comments:
N/A
2 The Local Agency sought proper authorizations
from the FDOT PM before performing work,
procuring services or signing contracts.
Comments:
N/A
.
3 The plans, specifications and estimates were
developed in accordance with FDOT's approved
standards and procedures.
Comments:
N/A
4 The Local Agency demonstrated sufficient
knowledge to complete the project in
accordance with Federal and/or State
Requirements.
Comments: _
N/A
Section;"F Score. c:Z ., : ,r
Y>
i4
NofRated
- �, -- :�,.:: - .x- " »•..�u s Y -< tet=.�r-
SECTIQN G ?,PROJEGT,RIGHTxQF WAYz 3, �� ? r ," ti �s ^ �� ..
SCORE;'
1 The Local Agency followed CCNA and the
Comments:
N/A
Brooks Act when hiring consultants for this
phase, unless the work was done with local
force or by FDOT staff/consultants
2 The Local Agency sought proper authorizations
Comments:
N/A
from the FDOT PM before performing work,
procuring services or signing contracts.
3 The plans, specifications and estimates were
Comments:
N/A
developed in accordance with FDOTs approved
standards and procedures.
4 The Local Agency demonstrated sufficient
Comments:
N/A
knowledge to complete the project in
accordance with Federal and/or State
Requirements.
Sectronz,GScoie`; ,� ,r '' 4 zip
x,-aYax�'`"�` •'.<;.'L..fi F�y'--s�'��",3' f.; 5 ��:.�f>:c..,r SE:: w .....�`�',S r-�':t�'r%v
TNot Rated;
...
Page 4 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM (LAP) PERFORMANCE EVALUATION
525-010-29
Production Support
OGC - 09/13
SECTIONcH;"FRO:IECTiCONSTRUCTION'/rAOMiNiSTRATION-ary.;�
$CORE
1 The Lowest responsive bidder was awarded the
contract, unless an altemative contracting
method was used.
•
Comments: -
N/A
2 The Local Agency provided sufficient oversight
to assure the project was completed in
accordance with the plans, specifications and
provisions of the construction contract.
Comments:
N/A
3 The Local Agency's progress reports provided
FDOT sufficient knowledge to follow the work
progress.
Comments:
N/A
4 The Local Agency provided proper certification
the project was constructed, quantities were
measured and documented, and materials
tested.
Comments:
N/A
5 Materials testing process met approved
specifications.
Comments:
N/A
'
, gSecpon4HScoe,$-,
Y' ;<';.y;:�Y v,`�.F" 4?aJY_'ro
-, -.♦ an.
,14n! Rated;
`fi
5�•....<<i{3
,Tre--
SECTIONifP2QECT„EEO,CONTR4CTCOAAPLAC
..^ie`'•a": -c-�S_
�<+
..._-
;_
r{+:A-....
SCORE?
1 The Local Agency advised FDOT of DBE use.
Comments:
N/A
2 The Local Agency ensured Commercially Useful
Function (CUF) FDOT of DBEs where
applicable
Comments:
N/A
3 DBE commitments and payments were reported
in the EOC as applicable.
Comments:
N/A
4 Wage and Payrolls were processed in
Comments:
N/A
accordance with approved procedures.
”<:ii-'s':.:f .y'!,':`i7 :-+ter%-". _4i'-<c',"C%.1y .�'.t.._, 1' y',..?K'Yr ":✓-.
Section°I 5corec.y ��T�om' >' w _ter_ .:� �,;
�`5:':•'�:^�'Kf �"�:X:.i�M.-Li'.d}?... F::6{t.-si'*' :{hK'.�>i3'-L!�t��F:{01,'!,?=-�Fn w ..•.-: :4'..�.�5"X�2
.-s:"Y"!t.'„(`�
Not'Rted
.. - i
GOIViPOSiTE;SCORE TAVERAGExOFiECTiONS (i4 =1) SCORES = w _`
=#9I1/01's
Page 5 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM (LAP) PERFORMANCE EVALUATION
525-010-29
Production Support
OGC - 09/13
Comments:
1 Individual grade comments continuations
2. Overall grade
Page 6 of 6
TYPE 1 OR PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST
Financial Project ID 4a12g-t-sa-al Ha-01 FAP No. 0066.-444 _A
State Road No. n th
County maw., Rwrikebuurt1
Project Description (include project title, limits, and brief description of the proposed scope of work):
1Nv iz.,1 u..Lt rout e_gr r • u kve6 tion 411c71row n►= 3_eurcho:wt4lc. 't7
�... ...•.•n p . s - RhV fiFcr101.3
•
*M -r. SB(A4 D O14A.if tnf i d.11L 0. tL
°�► r-�t-•��r- � a�siln+t'r4c�b4 �n 9'trr�. �S t�.tt?�kE Loaf..
Will the project cause significant adverse impacts to local traffic patterns, YES NO
property access, or community cohesiveness, or planned community growth ❑
or land use patterns?
Will the project cause significant adverse Impacts to air, noise and water? ❑ a
Will the project cause significant adverse impacts to wetlands requiring a federal ❑ Q
finding?
Will the project cause significant adverse impacts to navigation requiring a ❑ ❑
Will the project cause significant impacts to floodplains In accordance with
1=1 El
federal finding or permit?
Part 2, Chapter 24?
Will the project cause significant impacts to endangered and threatened
species or their critical habitats requiting a federal finding? ❑ 0
Will the project require acquisition of significant amount of right-of-way? ❑ a
Will the project require relocation of residents or businesses? ❑ ❑
Is there any potential Involvement with properties protected under Section 4(f) El 0
requiring a finding from FHWA in accordance with Part 2, Chapter 13?
Are there any properties protected under Section 106 that may be affected by
the projects? Coordination with SHPO (or THPO as appropriate) per Part 2,
Chapter 12 of this manual should occur If potential adverse impacts to these
properties are identified, requiring a federal finding.
Are there any known potential contamination sites which would impact
right-of-way, design, or construction activities, or other Issues/resources?
Will the project require a public hearing or an opportunity for a public hearing?
IMPORTANT If all answers are NO, the project is a Type 1 or PCE and this checklist will be the
NEPA document. If the answer to any of these questions is YES, follow the Minor Categorical
Exclusion Determination Key and coordinate with FHWA as appropriate.
1
Financial Project ID Li3r7 x3-t-s9-o,'-6q_ot FAP No.
State Road No. NIA
County-tNb,A„ v n„sst. c uc.-y
Project Description (include project title, limits, and brief description of the proposed scope of work):
•
m t. weh(
owgr-r*e_eMs[sibmnc ctl.v :31:3 Fatty Y t- t r4D 4z11/4._3S,r %S Y oo Mue
FINDING:
This project has been evaluated and, has been determined to meet the conditions as set forth in
the PD&E Manual, Part 1, Chapter 2; therefore:
I ' I This project is a Type 1 Categorical Exclusion under (23 CFR 771.117(c))
l effective November 27, 1987.
This project is a Programmatic Categorical Exclusion per FHWA, FTA, and
FDOT Agency Operating Agreement executed on February 12, 2003.
Package prepared by:
LAP Reviewer: ------
Name: Andy SSba�ak
Company: Indian River County
Address: 1801 27th Street Vero Beach, FL 32960
LAP Administrator:
FDOT Concurrence:
District 4 Environmental Administrator
Date: 1 I - 2`1 -1011-1
Date: fi ` 15 / Li
Date: I - 2- 5 ZO ! 1
The following is a list of any supporting reports or technical studies that were prepared and are
included in the project file that were necessary to support the conclusions reached on the
checklist. T his documentation is required only for unusual circumstance since the projects
covered by Type 1 and Programmatic CE determinations do not typically, based on past
experience, cause significant impact.
. CRAS REPORT
• Environmenal Assessment Report
•
2
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LAP CERTIFICATION
R/W ITEM/SEGMENT NO , N/A
CONSTRUCTION ITEM/SEGMENT NO 431728-1-58-01
F.A.P. NO. (Construction)' es -8-(0- (#.44
_ 4
COUNTY INDIAN RIVER
LETTING DATE: 8/9/2015
The undersigned hereby certifies as follows:
MANAGING DISTRICT: 4
STATE ROAD: N/A
575-095-05
RIGHT OF WAY
11/12
DESCRIPTION 87th St S/W from 101st Ave to
CR510 (also 91st Ave from 79th St - 87th St)
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 improvements on property and easements owned by state or local governments. Further
Acquisition
x❑ 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
❑x No persons or businesses were required to move or move personal property from the project right of way
❑ All persons and businesses that were required to move or move personal property from the project right of way have
been provided relocation assistance incompliance with applicable state and federal law
Demolition
❑x 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
❑X No structures or improvements requiring asbestos abatement were located on the project right of way
❑ Asbestos abatement of buildings and/or structures, including those to be removed by the construction contractor, has
been completed in compliance with applicable state and federal law, or will be included in the construction contract.
Submitted by Local Agency J4.1�/fr
Title: Couptyiigineer
Certified by FDOT�
Date: 10/3/2014
J)
/
t4 Title- Cheryl A. Balog , istrict R/W Manager Date:
ADDITIONAL STATEMENT – Local Agency Program
RNV ITEM/SEGMENT NO •
CONST. ITEM SEGMENT NO..
F.A.P NO
PREFERRED LETTING DATE.
No Additional Right of Way Required
A/M STATE ROAD:
'3'7g--/- .1' -C/ DESCRIPTION.
P-o/LOCAL AGENCY.
As//a
g 7 ' rt� f' s;/w fi-aa, to f 'Ave
CfSto L:xlso '(l t`q-vc �r•� l r5+- - i Si)
Wtc1,wn Z'✓er-
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 – may be 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 that is a permanent part of the transportation facility or that 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, 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 Indian River County for the purpose of restoration and harmonization. There are no
encroachments within existing right of way that impact the construction project.
/o–�-/y
;$1GNAtUDATE
LAri's f owhr., J i fir, cl � PL
NAME (Printed)
Title: (6,,cz—tJ/6�“ /—
l
Agency: Indian River County
Rev 4/12/11
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM CHECKLIST FOR CONSTRUCTION CONTRACTS (Phase 58) —
FEDERAL AND STATE REQUIREMENTS
Project Title 87th Street Sidewalk (101S1 Avenue to CR512)
Financial Management Number 431728-1-58-01
Federal -Aid Project Number % - 4-44- — A
Local Agency Name Indian River County
Laboratory Information Management System Use Required (Yes/No).
525.010.4a
SPECIFICATIONS R ESTIMATES
o8/1n
Page 1 el 6
Federal -Aid Highway (Yes/No)' No
LAP Agreement Amount ($) -1,211,453.00
Scheduled Advertisement Date 8/9/2015
Specifications Used* FDOT [1 LAP Big Four Local Agency [>Q
SHS/NHS Project (Yes/No) NO If yes, identify System:
Requirement
Reference
Local Agency Responsibilities
District Monitoring
Responsibilities
Requirement Location
1 Plan, Specification
& Estimates (PS&E)
Submittal
23 CFR
635.309(a)
LAP
Agreement —
Section 13 08
LAP Manual
Submit PS&E package to FDOT for approval Provide assurance
that all
Right-of-way (ROW) clearances, NEPA compliance have been
completed, and appropriate permits have been obtained Utility
and railroad work arrangements and coordination must be made
and properly noticed in the bid proposal
SHS/NHS projects will be designed in accordance with the Plans
Preparation Manual. Non -SHS and Non NHS projects will be
designed in accordance with the Florida Green book
Local Agency uses its own Division I Specifications for all project
types.
Local Agency will use FDOT's Division II and Division
III Specifications when the construction project is on
the SHS/NHS
When the project is off the SHS/NHS, Local Agency will use
FDOT's pre -approved Big 4 specifications for earthwork, concrete,
asphalt, and landscaping items, or will seek FDOT approval for
local agency specifications
http.//www.dot.state.flus/specificationsoffice/Implemented/LAP/De
Review/approve signed and
sealed.PS&E package
ROW Form# 575-095-05 date
Signed and sealed PS&E
Package and all Certifications
must be uploaded to LAPIT prior -
to executing this Checklist. ._
All permits issued must be
submitted to the Department and
incorporated into the PS&E
Package
Submitted under separate cover
/
�,%
-
Executed Status of
Environmental Certification and
Determination received from
DEMO Date:
9/23/2014
Clear Letters received'
Utilities
I(
11217214
Railroad '• j
N/A I 01141.''
jY j k
No Permits
ce-
N/A i n• '%• i i i
•
i
Permits Req
N/A
fault.shtm
For Class C projects with bridges or box culverts refer to LAP
Bulletin 01-14 for specifications
http.//www dot.state fl.us/specificationsoffice/LAP/LAPMemos/LAP
01-14.pdf
2. Advertisement
23 USC 112
23 CFR
635 112
Local Agency may not advertise until Authorization has been
received from FDOT. Advertisement must be a minimum of 21
days The project must be advertised in a manner that reaches
all interested bidders.
Review bid documents and
verify minimum 3 week
advertisement and regional
publication.
Bidding Documents Section
00100 ./
525-010.44
SPECIFICATIONS 5 ESTIMATES
08/14
Page 2of6
Requirement
Reference
Local Agency Responsibilities
District Monitoring
Responsibilities
Requirement Location
3 Bonding
255.05 F S
23 CFR
635 110(b)
Florida statute requires all contractors performing a public work
for a Local Agency execute a payment and performance bond
with a surety insurer prior to commencing work. Bonding
requirements may not be used to limit competition per federal
and state law
Local Agency uploads executed bond with final contract package
to LAPIT after contract award.
Review bid document for bonding
requirement.
Instruction to Bidders Article 20
N%
4. Buy America
23 CFR
635.410
Include FDOTs Standard Specification 6-5.2 In bid document. If a
Buy America waiver was approved, provide the Federal Register
publication date.
Local Agency must approve material certifications and upload to
LAPIT prior to use of steel on LAP projects.
Review bid document for inclusion
of the specification and
certification requirement.
Bidding Document Pag7/00492
and Appendix "C" V
.-
--":1--r j •7.
5 Certification of
Current Capacity
14-22, F.A.0
Contractor must certify they have the financial capacity to +
complete the project. Include FDOT Form # 525-010-46 in the
bid documents per Florida Administrative Code.
Review bid documents for
inclusion of provision and
certification.
Bidding Docu ent Page 00496-1
through 00412
6 Change Orders
23 CFR
635.120
Develop procedures outlining the conditions under which a
change order is allowed and include in bid document. May use
Section 7.3.11 of FDOT CPAM as part of procedure.
Review bid document for inclusion
of the provision.
General Conditions Article 9.-
.-635.120
D %'C( c . j ii' i• -•
t': , :,
7. Claims
23 CFR
635.124
Develop procedures outlining the conditions under which a claim
is allowed and include in bid document. May use Section 7.5 of
FDOT CPAM as part of procedure.
Review bid document for inclusion
of the provision.
General Condition Article =10,
Appendix "C" page 22
8. Contractor
Purchased Equipment
for State or Local
Ownership
23 CFR 140
49 CFR 18
49 CFR 18.3
Do not allow
Review bid document to ensure
exclusion of provision.
Appendix "C" page 23
9. Disadvantaged
Business Enterprise
(DBE) and
Bid Opportunity
49 CFR 26
49 CFR 26 45
LAP Manual
Chapter 14
The Local Agency shall comply with FDOT's DBE Program Plan
unless the Local Agency has a DBE Program Plan approved by
the USDOT FDOT currently has a race neutral program with a
9,91% goal .
Establish a DBE availability goal and include in bid document.
Include DBE special provisions in bid document, FDOT
Specification 7-24
Verify contractors enter their bid opportunity information
in the Equal Opportunity Compliance (EOC) System
Review bid document for
inclusion of DBE goal
and DBE provision.
Verify bidder opportunity
reporting prior to award
concurrence•per LAP
Manual Chapter 14 4.2
Bidding Document Page(00470-1-
through page OO47q—� : ' ""
within 3 business days of submission of the bid for all
subcontractors who quoted bids for FHWA-assisted
projects. Use FDOT contract number for reporting.
Use DBEs certified under the Florida Unified Certification
Program DBE Directory:
http://www3b.dot.state.fi.us/EqualOpportunity0fficeBusin
essDi recto ry/Custom Search .aspx
525-010-44
SPECIFICATIONS 8 ESTIMATES
08/14
Page 3 of 6
Requirement
Reference
Local Agency Responsibilities
District Monitoring
Responsibilities
Review bid document for
inclusion of the provision
Requirement Location
Supplimental Condi ons SC 6 02
page 00800-5
10 E -Verify
Florida
Governor's
Executive
Order 11-
116 -
Include the E -verify special provision, FDOT Standard
Specifications 7-28
11 Equal Employment
Opportunity
23 CFR 230
Include FDOT's Standard Specification 0073000 Legal
Requirements And Responsibility To The Public — Title VI
Assurance — DOT 1050.2, endix A.
Review bid document for inclusion
of this provision
Bid Document Page 09470-1
through 00470-8, Appendix "C"
pages 2X3 A, Py{;n ,i i :..1k ,
Appendix "C" page 23 #28-2
12. Equipment Rental
Rates
23 CFR
635 120
48 CFR 31
Develop procedure based on 48 CFR 31 and include in bid
document.
Review bid document for inclusion
of the proper payment provision
for rental equipment
13. FHWA Form 1273
23 CFR 633
Must be included verbatim in all contracts and subcontracts
Acceptable versions can be obtained at:
www dot.state fl.us/specificationsoffice/Implemented/URLi
nSpecs/files/df1273.pdf or
http://www.fhwa.dot.gov/programadmin/contracts/1273.pdf
Review final contracts for
inclusion of FHWA Form 1273
Appen "D"
14 Foreign Contractor
and Supplier
Restriction
49 CFR 30
Proposal may not limit project to domestic -owned contractors
only
Proposal may not include the Florida orders on business with
Syria, Cuba, Iran, and Sudan
Develop procedure based on 23 CFR 635 127 and include in bid
document (if Local Agency elects to use Incentive/ Disincentive)
May use Section 1.2.7 of FDOT CPAM as a guide in this
development.
Review documents to ensure
compliance
Review bid document to ensure
procedure was followed, if Local
Agency elects to use Incentive/
Disincentive
_
Not Applicable
Not used - Not included i .
bid/contract documents
15. Incentive/
Disincentive Clauses
23 CFR
635 127(d,f)
16. Indian Preference
on Federal -Aid Projects
(Labor & Employment)
23 CFR
635 117
If utilized, ensure FDOT obtains FHWA approval of provision
complying with 23 CFR 635 117
Verify provisions meet federal
requirements
Not Applicable J
17 Liquidated
Damages
23 CFR
635 127
Develop rates based on 23 CFR 635 127 and include in contract
provisions Local Agency may use FDOT standard spec 8-10.2.
Ensure that rates are included in
the bid proposal
Publi Works Agreement page
0053, Appendix "C" page �2
#24 ,
18 Lobbying
Certification
49 CFR 20
The Local Agency shall include certification in bid documents.
Local Agency mase FDOT Form #375-030-33 and #375-030-
34
Certification must be uploaded to LAPIT with final contract
package.
The LocalAgency needs to certify it does not have State or local
hiring preferences. Local preference also cannot be applied in a
tie -breaking scenario in the event of identical bids.
Review bid document for inclusion
of the provision and certifications
Review bid document to ensure
exclusion of any local hiring
preference
Bidding Documents 004,14,
Appendix "C" /i- / ( `
Appendix "C" page 24 #3,5
1
19 Local/State Hiring
Preference
23 CFR
635 117
•
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Requirement
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Local Agency Responsibilities
District Monitoring
Responsibilities
Requireme Location
20 Method of
Construction (or
Method of Bidding)
23 CFR
635 104 &
23 CFR 114(a)
Local Agency shall certify that projects will be awarded to the
lowest responsive bidder except for Design -Build as approved by
the FDOT
The method.of bidding shall be in the project specifications.
Review bid document to verify
compliant bidding process
Appendix "C" age 1
21. Non -Collusion
Provision
23 CFR
635 112(f)
The Local Agency shall include certification.inbid documents.
Review bid document for inclusion
of the provision and certification
Bidding Documents 0047?',
Appendix "C" page 61 V
'
fwe`. �r.1 Lr-ir ((_ :'%,
' V
Local Agency may use FDOTRorm# 575-060-13.
Certification must be uploaded to LAPIT with final contract
package
22 On the Job Training
23 CFR 230
OJT is only required for SHS/NHS projects greater than 225 days
and $1 million. Include FDOT's Standard Specification 7 -25 -OJT
Review bid document for inclusion
of the provision as applicable.
Not Applicable
;
Training Requirements in bid proposal and contract when project
is on the SHS and or NHS. OJT is not required for non
SHS/non NHS projects.
'23 Owner Force
Account/ Cost -Effective
Justification
23 CFR 635B
under 635.205
Owner Force Account contracting is not allowed without first
submitting a finding of cost-effectiveness. This must be approved
by the District LAP Administrator
Review bid document to ensure
exclusion of provision or provide
FDOT approval date
Not Applic ble
\
24 Patented/
Proprietary Materials
23 CFR
635 411
Do not use unless there is a public interest finding approved by
FDOT (if specified in the bid document)
If development of a public interest
finding is required, ensure that the
finding approved by FDOT is
included in the bid document.
Not Applicable
,...
25.Prequalification
23 CFR
635.110
337 14 F.S
Chapter 14-
22, F.A.0
Use FDOT prequalified contractors for projects on the NHS and
SHS and Class C projects. FDOT prequalified contractor is not
required on NHS or SHS projects with a contract value under
$250,000
Non SHS/NHS projects may use Local Agency prequalified
Review bid document for
inclusion of FDOT pre -
qualification and identification
of major and/or minor work
types.
Review bid document for Local
Agency qualifications relevant
to project scope
Not A pli able
contractors. Local Agency must use consistent qualifications
and application of standards.
26 Prevailing
Minimum Wage
23 USC 113
23 CFR 633A
Include latest Davis -Bacon wage table(s) in the contract Current
wage tables may be obtained at-
http.//www dot.state fl.us/construction/wage.shtm or
http.//www.wdol.gov
Review bid document for
reference to wage rates and
final contracts for the
applicable wage rate
If an exemption is requested
consult the State Prevailing Wage
Coordinator for approval.
Appendix "C" page 7 #8
- ;'.;+>.V.% ; l•+•:i ;(1
/ r f��; 2....0tables) -_,t;,:-/, • /.,
Some projects located on roadways classified as local roads or
rural minor collectors are exempt from Davis Bacon wages
Consult your LAP Administrator if you believe this project is
exempt.
27 Progress
Payments/Estimates
23 CFR
635122
Develop contract language to ensure that payments are based on
work completed, this may include stockpiled materials Section 9-
5 of FDOT Standard Specifications may be used for guidance.
Review bid document for inclusion
of the provision
General Conditions Article 14 '
14:. ':
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Requirement
Reference
Local Agency Responsibilities
District Monitoring
Responsibilities
Requirement Location
28 Prohibition Against
Convict Produced
Materials
23 CFR
635 417
Develop contract language to prohibit the use of convict -produced
materials and include in bid document. Local Agency may use
FDOT Specification 6-5.1 Source of supply -Convict Labor
Review bid document for inclusion
of the provision
Appendix "C" pag123 #29
1%
/
29. Public Agencies in
Competition with the
Private Sector
23 CFR
635 112(e)
Do'not allow
Review bid document to ensure
exclusion of the provision
Appendix "C" page/23 #28
, I
30 Publicly -Owned
Equipment
23 CFR
635 106
Do not allow
Review' bid document for
exclusion of the provision
Appendix "C;',page 23 #28
31 Salvage Credits
49 CFR 18.36
Do not allow
Review bid document for
exclusion of the provision
Appendix "C" page 23 #30
V
32 Standardized
Changes Conditions
Contract Clauses
23 CFR
635 109
Develop contract language to ensure that the requirements of 23
CFR 635 109 are met. Sections 4-3.2 and 5-12.6 of FDOT
Supplemental Specifications and Sections 4-3 and 5-12 of FDOT
Standard Specifications may be used for guidance
Review bid document for inclusion
of the provision.
Appendix "C" pge 20 #21
33 State (Florida or
other) -produced
materials
23 CFR
635.409
Do not allow
Review bid document for
exclusion of state or locally
produced materials preferences.
"Ci
Appendix "C'%page 23 #29
34 State/ Local
Owned/ Furnished/
Designated Materials
23 CFR
635 407
Do not use unless there is a public interest finding approved by
FDOT (if specified in the bid document) Local Agency tax
savings programs are generally not allowed for federal projects.
Review bid document for
exclusion of materials furnished by
Local Agency
Appendix "C" pfage 23 #29
�J
35 Subcontracting
23 CFR
635 116
FHWA 1273 requires the prime contractor to perform 30% of work
on Federal -aid roadways Develop contract language to meet the
requirements The local agency may use FDOT Standard
Specification 8-1* Subletting or Assigning of Contracts for
guidance
Review bid document for inclusion
of the provision that does not
conflict with FHWA 1273
Appendix "C" gage 23 #31
36. Suspension and
Debarment
49 CFR 29
The Local Agency shall include certification in bid documents.
Local Agency may use FDOT Form # 375-030-32.
Local Agency will need to verify status for all contractors and
subcontractors utilizing the federal and state web applications.
https.//www.sam.qov/portal/SAM/#1
Review bid document for inclusion
of provision and form Verify low
bid contractor is not excluded
Bidding Document page 00476,
Appendix "C" pag 23 #27
http.//www.dot.state.fl. us/construction/legal/NewSuspension.shtm
37 Termination of
Contract
23 CFR
635 125
Develop contract language for termination for cause,
convenience, and default and include in the bid document.
Review bid document for inclusion
of the provision
Bidding Document General /
Conditions Articls15 pa e 48
SC 152 page 008000
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Requirement
Reference
Local Agency Responsibilities
District Monitoring
Responsibilities
Requirement ocation
38 Time Extensions
23 CFR
635.121 -
Include reasons time extensions are allowed in specifications.
May use Section 8:7 3.2 of the FDOT Standard Specifications.
Review bid document for inclusion
of the provision.
Appendix "C" p 22 #23
39 Warranty Clauses
23 CFR
635 413
Warranty provisions shall be for a specific construction product
or feature. Items of maintenance are not eligible for federal
projects and shall not be covered General condition
warranties for an entire project are not allowed Transfer of
product warranties is allowed.
Warranty provisions on a NHS project must be approved by
FHWA. Warranty provisions on the SHS or off the SHS must
adhere to FDOT CPAM Chapter 8
Review bid document for inclusion
of warranty clauses. Remove all
general condition warranty clauses
from PS&E Package
Bidding Documents General
Conditions Arti le 6 19 page 25
Local Agency. I hereby certify that the above mentioned LAP project construction contract documents contain the provisions set forth in this checklist.
//
Signatur
Name (Printed) /
District LAP Administrator/Designee I hereby certify that the above mentioned LAP project construction contract documents contain the provisions set forth in this
checklist. �.
osition Title
bate
. ,h .
Signature Position Title
e/A1 el I
Name (Printed) Date