HomeMy WebLinkAbout2016-131 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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FPN: 431725-2-58/68-01 Fund. TALTTALL FLAIR Approp-
Federal No, 8886-493-A Org Code. 55043010404 FLAIR Obj:
FPN: Fund FLAIR Approp:
Federal No Org Code- FLAIR Obj:
FPN. Fund: FLAIR Approp.
Federal No- Org Code. FLAIR Obj:
County No:88 Contract No Vendor No. F-596000673026
FDOT 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
y THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agreement"), is made and entered into this V5 day of
1kilp between the State of Florida, Department of Transportation, an agency of the State of Florida
("Department"), and Indian River County("Agency').
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement,
the parties agree as follows gg
1. Authority: The Agency, by Resolution No�lh-07dated the 13th day of Se Q.201E a copy of which is
attached as Exhibit "F" and made a part of this Agreement, has authorized its officers to execute this Agreement on its
behalf. The Department has the authority pursuant to Section 339.12, Florida Statutes, to enter into this Agreement.
2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in 43rd
Ave. Sidewalk Improvements from Aviation Blvd. to Airport Dr. West, as further described in Exhibit "A", Project
Description and Responsibilities attached to and incorporated in this Agreement ("Project"), to provide Department
financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to
set forth the manner in which the Project will be undertaken and completed.
3. Term of Agreement: The Agency agrees to complete the Project on or before December 31, 2018. 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.
4. Project Cost:
A. The total cost of the Project is $ 609,763.00. This amount is based upon the schedule of funding in
Exhibit"B", Schedule of Funding attached to and incorporated in this Agreement. 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 5.1.
B. The Department agrees to participate in the Project cost up to the maximum amount of$569,763.00 and
as more fully described in Exhibit "B" This amount includes Federal-aid funds which are limited to the
actual amount of Federal-aid participation.
C. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It
is understood that Department participation in eligible Project costs is subject to,
i. Legislative approval of the Department's appropriation request in the work program year that the
Project is scheduled to be committed;
ii. Availability of funds as stated in subparagraphs 5 L. and 5.M. of this Agreement;
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iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms
of this Agreement; and
iv. Department approval of the Project scope and budget at the time appropriation authority
becomes available.
5. Requisitions and Payments:
A. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable
must specify the required minimum level of service to be performed and the criteria for evaluating
successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables
are described more fully in Exhibit"A".
B. Invoices shall be submitted by the Agency in detail sufficient for a proper pre-audit and post-audit based
on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A".
Deliverables must be received and accepted in writing by the Department's Project Manager prior to
payments.
C. The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be
borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding
or attributable to actions which have not received the required approval of the Department shall not be
considered eligible costs. 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.
D. Supporting documentation must establish that the deliverables were received and accepted in writing by
the Agency and must also establish that the required minimum level of service to be performed based on
the criteria for evaluating successful completion as specified in Exhibit"A"was met.
E. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No 300-000-06 and will be paid in accordance with Section 112 061, Florida
Statutes and the most current version of the Disbursement Handbook for Employees and Managers.
F. Payment shall be made only after receipt and approval of goods and services unless advance payments
are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida
Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the
Department shall notify the Agency of the deficiency to be corrected, which correction shall be made
within a time-frame to be specified by the Department. The Agency shall, within five days after notice from
the Department, provide the Department with a corrective action plan describing how the Agency will
address all issues of contract non-performance, unacceptable performance, failure to meet the minimum
performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is
unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent
to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current
billing period. The retainage shall be withheld until the Agency resolves the deficiency. If the deficiency
is subsequently resolved, the Agency may bill the Department for the retained amount during the next
billing period. If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the
end of the Agreement's term.
G. Agencies providing goods and services to the Department should be aware of the following time frames.
Inspection and approval of goods or services shall take no longer than 20 days from the Department's
receipt of the invoice. 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, a separate interest penalty at a rate as established pursuant
to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Agency.
Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment.
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Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay
in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the 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 a state agency. The Vendor Ombudsman may be contacted at(850)413-5516
H. 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 five years after
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 contractor and all subcontractors
performing work on the project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
I. 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 Local Agency Program ("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
J. 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.
K. 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
L. The Department's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being
incurred. See Exhibit"B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds
are not eligible for reimbursement if incurred prior to funds approval being received The Department will
notify the Agency, in writing, when funds are available.
M. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year,
the provisions of Section 339 135(6)(a), Florida Statutes, are hereby incorporated,
"The Department, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess
of the amounts budgeted as available for expenditure during such fiscal year Any
contract, verbal or written, made in violation of this subsection is null and void, and no
money may be paid on such contract. The Department shall require a statement from the
comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts
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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."
6. Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honor
requests for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of
this Agreement, the Department may elect by notice in writing not to make a payment if-
A. The Agency shall have made misrepresentation of a material nature in its application, or any supplement
or amendment to its application, or with respect to any document or data furnished with its application or
pursuant to this Agreement;
B. There is any 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;
C. The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires
the approval of the Department or has made a related expenditure or incurred related obligations without
having been advised by the Department that same are approved;
D. There has been any violation of the conflict of interest provisions contained in paragraph 16 J.; or
E. The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
The Department may suspend or terminate payment for that portion of the Project which the Federal Highway
Administration ("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid
In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to
the Department's issuance of a Notice to Proceed ("NTP"), costs incurred after the expiration of the Agreement, costs
which are not provided for in the latest approved schedule of funding in Exhibit "B" for the Project, costs agreed to be
borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice
time lines, and costs attributable to goods or services received under a contract or other arrangements which have not
been approved in writing by the Department.
7. General Requirements: The Agency shall complete the Project with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement, and all applicable laws. The
Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and
directives as described in the Department's Local Agency Program Manual, which by this reference is made a part of this
Agreement. Time is of the essence as to each and every obligation under this Agreement.
A. 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 responsible
charge of the Project, which employee should be able to perform the following duties and functions:
i. Administers inherently governmental project activities, including those dealing with cost, time,
adherence to contract requirements, construction quality and scope of Federal-aid projects;
ii. Maintains familiarity of day to day Project operations, including Project safety issues;
iii. Makes or participates in decisions about changed conditions or scope changes that require
change orders or supplemental agreements;
iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and
complexity of the Project;
v. Reviews financial processes, transactions and documentation to ensure that safeguards are in
place to minimize fraud, waste, and abuse;
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vi. Directs Project staff, agency or consultant, to carry out Project administration and contract
oversight, including proper documentation;
vii. Is aware of the qualifications, assignments and on-the-job performance of the Agency and
consultant staff at all stages of the Project.
B. Once the Department issues the NTP for the Project, the Agency shall be obligated to submit an invoice
or other request for reimbursement to the Department on a quarterly basis, beginning from the day the
NTP is issued. If the Agency fails to submit quarterly invoices to the Department, and in the event the
failure to timely submit invoices to the Department results in the"FHWA" removing any unbilled funding or
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. No cost may be incurred under this
Agreement until after the Agency has received a written 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.
C. If all funds are removed from the Project, including amounts previously billed to the Department and
reimbursed to the Agency, and the Project is off the state highway system, then the Department will have
to request repayment for the previously billed amounts from the Agency. No state funds can be used on
off-system projects, unless authorized pursuant to Exhibit "G", State Funds Addendum, which will be
attached to and incorporated in this Agreement in the event state funds are used on the Project.
D. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is
required under applicable law to enable the Agency to enter into this Agreement or to undertake the
Project 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.
E. 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.
F. The Agency shall submit to the Department such data, reports, records, contracts, and other documents
relating to the Project as the Department and FHWA may require. The Agency shall use the
Department's Local Agency Program Information Tool and applicable information systems as required.
G. 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 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.
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H. 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.
8. 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:
L 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", Federal Financial Assistance (Single Audit Act) 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.
ii. 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.
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iii. In the event the Agency expends less 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
FDOTS ingleAudit(a.dot.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 less 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 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).
iv. 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(@-dot.state.fl.us within the earlier of 30 calendar days after
receipt of the auditor's teport(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
v. Within six months of acceptance of the audit report by the FAC, 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, which actions may include but not be limited to the
following:
1 Temporarily withhold cash payments pending correction of the deficiency by the Agency
or more severe enforcement action by the Department;
2. Disallow(deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance,
3 Wholly or partly suspend or terminate the federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and
federal awarding agency regulations (or in the case of the Department, recommend such
a proceeding be initiated by the federal awarding agency);
5 Withhold further federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. 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 Agency's records including
financial statements, the independent auditor's working papers and project records as necessary.
i
1
i
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Records related to unresolved audit findings, appeals or litigation shall be retained until the action
is complete or the dispute is resolved.
vii. 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(cDdot.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.
9. Termination or Suspension of Project: The Department may, by written notice to the Agency, suspend any or
all of the Agency's 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 9.13 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 on
Department right-of-way will become the property of the Department and will be turned over promptly by
the Agency
D. 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 unless the records are exempt.
E. Upon receipt of any final termination or suspension notice under this paragraph 9., the Agency shall
proceed promptly to carry out the actions required in such notice, 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, or (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
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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.
10. Contracts of the Agency:
A. 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 the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of such
consultant or contractor
B. It is understood and agreed by the parties to this Agreement 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, the federal Brooks Act, 23 C F.R. 172, and 23
U S.C. 112. At the discretion of the Department, the Agency will involve the Department in the consultant
selection process for all projects funded under this Agreement. In all cases, the Agency shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act and the federal Brooks Act.
C. The Agency shall comply with, and require is consultants and contractors to comply with applicable
federal law pertaining to the use of Federal-aid funds. The Agency shall comply with the provisions in the
FHWA-1273 form as set forth in Exhibit"C", FHWA 1273 attached to and incorporated in this Agreement.
The Agency shall include FHWA-1273 in all contracts with consultants and contractors performing work
on the Project.
11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that
DBE's, as defined in 49 C.F R. Part 26, as amended, shall have the opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
12. 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, and 2 C F.R. Part 200
when applicable
13. Performance Evaluations: 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 person in 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.
A. 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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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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.
B. The District will determine which functions can be further delegated to Agencies that continuously earn
Satisfactory and Above Satisfactory evaluations.
14. Restrictions, Prohibitions, Controls,and Labor Provisions: During the performance of this Agreement, the
Agency agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the
following provisions:
A. 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 the attached Exhibit "E", Title VI Assurances in all
contracts with consultants and contractors performing work on the Project that ensure compliance with
Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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 Agencyor 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."
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40
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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
G. 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.
1s. Indemnification and Insurance:
A. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the
provisions of any part of this Agreement to create in the public or any member thereof, a third party
beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit
for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The
Agency guaranties the payment of all just claims for materials, supplies, tools, or labor and other just
claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the
Agency agrees to include the following indemnification in all contracts with contractors/subcontractors, or
consultants/subconsultants who perform work in connection with this Agreement:
"To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold harmless
the Agency, the State of Florida, Department of Transportation, and its officers and employees,
from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's
fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of
the contractor and persons employed or utilized by the contractor in the performance of this
Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's
sovereign immunity
To the fullest extent permitted by law, the Agency's consultant shall indemnify and hold harmless
the Agency, the State of Florida, Department of Transportation, and its officers and employees,
from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's
fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of
the consultant and persons employed or utilized by the consultant in the performance of this
Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's
sovereign immunity."
B. The Agency shall, or cause its contractor or consultant to carry and keep in force, during the term of this
Agreement, a general liability insurance policy or policies with a company or companies authorized to do
business in Florida, affording public liability insurance with combined bodily injury limits of at least
$200,000 per person and $300,000 each occurrence, and property damage insurance of at least
$200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The
Agency shall also, or cause its contractor or consultant to carry and keep in force Workers' Compensation
Insurance as required by the State of Florida under the Workers' Compensation Law With respect to any
general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by
companies licensed to do business in the State of Florida. The Agency shall provide to the Department
certificates showing the required coverage to be in effect with endorsements showing the Department to
be an additional insured prior to commencing any work under this Agreement. Policies that include Self
Insured Retention will not be accepted The certificates and policies shall provide that in the event of any
material change in or cancellation of the policies reflecting the required coverage, thirty days advance
notice shall be given to the Department or as provided in accordance with Florida law.
16. Miscellaneous Provisions:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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A. The Agency will be solely responsible for compliance with all 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. The Agency shall include in all contracts and subcontracts for amounts in excess of$150,000, a
provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U S C 7401-7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. 1251-1387).
B. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this
Agreement.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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 authorization for
advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is
required
I. 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.
J. 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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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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. No funds received pursuant to this contract may be expended for
lobbying the Legislature, the judicial branch or a state agency
K. The Agency may not permit the Engineer of Record to perform Construction, Engineering and Inspection
services on the Project.
L. 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.
M. 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.
N. The Agency:
i. 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
ii. shall expressly require any contractor and 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.
O. This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of
this Agreement with a signature on behalf of a party will be legal and binding on such party.
P. The Parties agree to comply with s.20 055(5), Florida Statutes, and to incorporate in all subcontracts the
obligation to comply with s.20.055(5), Florida Statutes.
Q. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the
competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from
state-appropriated funds, then the Agency must comply with the requirements of Section 255 0991,
Florida Statutes.
R. Exhibits
i. Exhibit "A", Project Description and Responsibilities, is attached and incorporated into this
Agreement.
ii. Exhibit"B", Schedule of Funding, is attached and incorporated into this Agreement.
iii. ® If this Project includes Phase 58 (construction) activities, then Exhibit"C", FHWA FORM 1273,
is attached and incorporated into this Agreement.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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iv. ❑An Alternative Pay Method is used on this Project. If an alternative Pay Method is used on this
Project, then Exhibit "D", Alternative Pay Method, is attached and incorporated into this
Agreement.
v Exhibit"E", Title VI Assurances is attached and incorporated into this Agreement.
vi. Exhibit "F", the Agency Resolution authorizing entry into this Agreement, is attached and
incorporated into this Agreement.
vii. ❑ State Funds are used on this Project. If State Funds are used on this Project, then Exhibit"G",
State Funds Addendum, is attached and incorporated into this Agreement.
viii. ❑ This Project is located off the State Highway System and includes funding for landscaping If
this Project is located off the State Highway System and includes funding for landscaping, then
Exhibit'Vis attached and incorporated into this Agreement.
ix. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project
Reimbursement, then Exhibit"R" is attached and incorporated into this Agreement.
x. ❑ This Project includes funding for a roadway lighting system. If the Project includes funding for
roadway lighting system, Exhibit"RL" is attached and incorporated into this Agreement.
A. ❑ This Project includes funding for traffic signals and/or traffic signal systems If this Project
includes funding for traffic signals and/or traffic signals systems, Exhibit "T" is attached and
incorporated into this Agreement.
xii. Exhibit"1", Federal Financial Assistance (Single Audit Act) is attached and incorporated into this
Agreement.
xiii. ❑ State Funds are used on this Project. If State Funds are used on this Project, then Exhibit"2",
State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this
Agreement.
The remainder of this page intentionally left blank.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above.
AGENCY Indian River County •.o��t�>> sT,A1TJ.OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By: Ad
Name: Bob Solari 0�" dame. Stacy it .E
'Title. Chairman * Tim: Director Tr sportation Development
jal
Dated: September 13, 2016 �;y . 1 �•�• :'
•Legal ieDE
%
ATTEST:
Jeffrey R. Smith, Clerk of Court and Comptroller
BY:
xrep
erk
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01010
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
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Page 1
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 431725-2-58/68-01
This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of
Transportation and
Indian River County
PROJECT LOCATION:
❑ The project is on the National Highway System
❑ The project is on the State Highway System.
PROJECT LENGTH AND MILE POST LIMITS- 0 673 Miles
PROJECT DESCRIPTION: 43rd Ave. Sidewalk Improvements from Aviation Blvd. to Airport Dr West.
SPECIAL CONSIDERATIONS BY AGENCY.
The audit report(s) requited 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 NIA
d) Right-of-Way to be certified prior to advertising for construction (All Phase 58 LAPS)
e) Construction contract to be let by 1/12/2017
f) Construction to be completed by 12/31/2018 .
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.
SPECIAL CONSIDERATIONS BY DEPARTMENT- N/A
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-408
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EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME&BILLING ADDRESS FPN' 431725-2-58168-01
Indian River County
1801 271h St.
Vero Beach, FI.32960
FUNDING
(1)
TOTAL
TYPE OF WORK B Fiscal Year PROJECT FUNDS LOCAL FUNDS STATE 3FUNDS FEDERAL FUNDS
Planning-18 FY
FY
FY '
Total Planning Cost
Project Development&Environment(PD&E)-28
FY
FY.
FY
Total PD&E Cost
Design-38 FY
FY
FY:
Total Design Cost
Right-of-Way-48 FY
FY.
FY
Total Right-of-Way Cost
Construction-58 FY 2016-2017 $508.717.00 $508.717.00
FY 2016-2017 $40.000.00 $40.000.00
FY-
FY.
Total Construction Cost $548,71700 $40,000.00 $508,717.00
Construction Engineering and Inspection(CEI)-68
FY 2016-2017 861.046.00 $61.046.00
FY
FY r
Total CEI Cost $61,046.00 $61,046.00
Aerations—88
FY
FY.
FY
Total Operations Costs
TOTAL COST OF THE PROJECT $609,763 00 $40,000.00 $569,763.00
The Department's fiscal year begins on July 1. For this project,funds are not projected to be available until after the 1st of July of
each fiscal year The Department will notify the Agency, in writing,when funds are available.
i
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40C
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EXHIBIT "C"
FHWA FORM 1273
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC—
COMPLIANCE WITH FHWA 1273.
The FHWA-1273 version dated May 1, 2012 is appended in its entirety to this Exhibit. FHWA-
1273 may also be referenced on the Department's website at the following URL address:
http://w\�tiv.ihwa.dot.ao%/proQrainadniin/contracts/I?73/1?73 pdf
Sub-recipients of federal grants awards for Federal-Aid Highway construction shall take
responsibility to obtain this information and comply with all provisions contained in FHWA-
1273.
FHWA-1273— Revised May 1,2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General 3. A breach of any of the stipulations contained in these
11. Nondiscrimination Required Contract Provisions may be sufficient grounds for
III. Nonsegregated Facilities withholding of progress payments,withholding of final
IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment
V Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the
Provisions contracting agency and FHWA.
VI. Subletting or Assigning the Contract
VII. Safety Accident Prevention 4 Selection of Labor During the performance of this contract,
VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose
IX Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid
Pollution Control Act highway unless it is labor performed by convicts who are on
X. Compliance with Govemmentwide Suspension and parole,supervised release,or probation. The term Federal-aid
Debarment Requirements highway does not include roadways functionally classified as
XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
Lobbying
ATTACHMENTS It. NONDISCRIMINATION
A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are
Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all
Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply,engineering,or architectural service contracts.
I. GENERAL
In addition,the contractor and all subcontractors must comply
1 Forth FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60,
construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the
emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI
contractor(or subcontractor)must insert this forth in each of the Civil Rights Act of 1964,as amended,and related
subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR
subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633.
and other agreements for supplies or services).
The contractor and all subcontractors must comply with: the
The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60-
incorporated by reference for work done under any purchase 1 4(b)and,for all construction contracts exceeding$10,000,
order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity
prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3.
subcontractor,lower-tier subcontractor or service provider
Note:The U.S.Department of Labor has exclusive authority to
Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the
build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29
subcontracts(excluding subcontracts for design services, CFR 1625-1627 The contracting agency and the FHWA have
purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with
supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as
for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of
or service provider 1964,as amended,and related�regulations including 49 CFR
Parts 21,26 and 27,and 23 CFR Parts 200,230,and 633.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix
Forth FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S.
referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements.
subcontracts(excluding purchase orders,rental agreements
and other agreements for supplies or services related to a 1.Equal Employment Opportunity.Equal employment
construction contract). opportunity(EEO)requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
2. Subject to the applicability criteria noted in the following -under laws,executive orders,rules,regulations(28 CFR 35,
sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)
performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the
and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23
immediate superintendence and to all work performed on the U.S.C.140 shall constitute the EEO and specific affirmative
contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under
1
I
this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the
Act of 1990(42 U.S.C.12101 el seq.)set forth under 28 CFR contractor will include in all advertisements for employees the
35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer' Ali such
contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large
agrees to comply with the following minimum specific circulation among minorities and women in the area from
requirement activities of EEO- which the project work force would normally be derived.
a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid
the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct
good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral
of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To
of activities under the contract. meet this requirement,the contractor will identify sources of
potential minority group employees,and establish with such
b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women
following statement: applicants may be referred to the contractor for employment
consideration.
'It is the policy of this Company to assure that applicants
are employed,and that employees are treated during b. In the event the contractor has a valid bargaining
employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the
national origin,age or disability Such action shall include: contractor is expected to observe the provisions of that
employment,upgrading,demotion,or transfer,recruitment or agreement to the extent that the system meets the contractor's
recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where
other forms of compensation;and selection for training, implementation of such an agreement has the effect of
including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the
job training." contractor to do the same,such implementation violates
Federal nondiscrimination provisions.
2. EEO Officer:The contractor will designate and make
known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to
the responsibility for and must be capable of effectively refer minorities and women as applicants for employment.
administering and promoting an active EEO program and who Information and procedures with regard to referring such
must be assigned adequate authority and responsibility to do applicants will be discussed with employees.
so.
5.Personnel Actions:Wages,working conditions,and
3. Dissemination of Policy.All members of the contractor's employee benefits shall be established and administered,and
staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading,
discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be
are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national
cognizant of,and will implement,the contractor's EEO policy origin,age or disability The following procedures shall be
and contractual responsibilities to provide EEO,in each grade followed:
and classification of employment. To ensure that the above
agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project
minimum: sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
a. Periodic meetings of supervisory and personnel office personnel.
employees will be conducted before the start of work and then
not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of
contractor's EEO policy and its implementation will be wages paid within each classification to determine any
reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices.
the EEO Officer
c. The contractor will periodically review selected personnel
b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of
given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will
all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the
thirty days following their reporting for duty with the contractor discrimination may extend beyond the actions reviewed,such
corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of
contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection
women. with its obligations under this contract,will attempt to resolve
such complaints,and will take appropriate corrective action
d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the
policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant,
applicants for employment and potential employees. such corrective action shall include such other persons. Upon
completion of each investigation,the contractor will inform
e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal.
implement such policy will be brought to the attention of
employees by means of meetings,employee handbooks,or 6.Training and Promotion:
other appropriate means.
a. The contractor will assist in locating,qualifying,and
increasing the skills of minorities and women who are
2
applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with
should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there
employees in the type of trade or job classification involved. under Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
b. Consistent with the contractor's work force requirements undue hardship.
and as permissible under Federal and State regulations,the
contractor shall make full use of training programs,i.e.• 9.Selection of Subcontractors,Procurement of Materials
apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not
geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex,
special provision for training is provided under this contract, national origin,age or disability in the selection and retention
this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and
special provision. The contracting agency may reserve leases of equipment- The contractor shall take all necessary
training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the
in accordance with 23 U.S.C.140(a). administration of this contract.
c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and
employment of available training programs and entrance suppliers and lessors of their EEO obligations under this
requirements for each. contract.
d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure
promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations.
women and will encourage eligible employees to apply for
such training and promotion.
10. Assurance Required by 49 CFR 26.13(b):
7.Unions:If the contractor relies in whole or in part upon
unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State
faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by
increase opportunities for minorities and women. Actions by reference.
the contractor,either directly or through a contractor's
association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on
forth below: the basis of race,color,national origin,or sex in the
performance of this contract. The contractor shall carry out
a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and
cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the
toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach
in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this
so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency
deems appropriate.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such
union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO
regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of
disability three years following the date of the final payment to the
contractor for all contract work and shall be available at
c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized
practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA.
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the
information to the contractor,the contractor shall so certify to following:
the contracting agency and shall set forth what efforts have
been made to obtain such information. (1)The number and work hours of minority and non-
minority group members and women employed in each work
d. In the event the union is unable to provide the contractor classification on the project;
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation
through independent recruitment efforts•fill the employment with unions,when applicable,to increase employment
vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and
origin,age or disability;making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring,
to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women;
provide exclusive referrals under the terms of a collective
bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual
requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of
practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and
pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work
special provisions,such contractor shall immediately notify the classification required by the contract work. This information is
contracting agency. to be reported on Form FHWA-1391 The staffing data should
represent the project work force on board in all or any part of
8. Reasonable Accommodation for Applicants! the last payroll period preceding the end of July. If on-the-job
Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor
3
will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions
employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not
all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs
July which cover the particular weekly period,are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for
the classification of work actually performed,without regard to
This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or
contracts and to all related construction subcontracts of mechanics performing work in more than one classification
$10,000 or more. may be compensated at the rate specified for each
classification for the time actually worked therein:Provided,
The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the
employees are provided in such a manner that segregation on time spent in each classification in which work is performed.
the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification
result. The contractor may neither require such segregated and wage rates conformed under paragraph t.b.of this
use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be
employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at
to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where
services at any location,under the contractor's control,where it can be easily seen by the workers.
the facilities are segregated. The term"facilities"includes
waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of
time clocks,restrooms,washrooms,locker rooms,and other
storage or dressing areas,parking lots,drinking fountains, laborers or mechanics,including helpers,which is not listed in recreation entertainment areas,transportation,and housing
provided forr contract shall be classified in conformance with the wage the wage determination and which is to be employed under the
employees. The contractor shall provide separate determination.The contracting officer shall approve an
or single-user resand necessary dressing or sleeping additional classification and wage rate and fringe benefits
areas to assure prrivacyivacy between sexes. therefore only when the following criteria have been met:
IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification
requested is not performed by a classification in the wage
This section is applicable to all Federal-aid construction determination;and
projects exceeding$2,000 and to all related subcontracts and
lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the
requirements apply to all projects located within the right-of- construction industry;and
way of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide
local roads or rural minor collectors,which are exempt.
Contracting agencies may elect to apply these requirements to fringe benefits,bears a reasonable relationship to the
other projects. wage rates contained in the wage determination.
The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be
Labor regulations in 29 CFR 5.5'Contract provisions and employed in the classification(if known),or their
related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the
1273 format and FHWA program requirements. classification and wage rate(including the amount
designated for fringe benefits where appropriate),a report of
the action taken shall be sent by the contracting officer to the
1. Minimum wages Administrator of the Wage and Hour Division,Employment
Standards Administration,U.S.Department of Labor,
a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized
the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every
often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and
rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting
permitted by regulations issued by the Secretary of labor officer within the 30-day period that additional time is
under the Copeland Act(29 CFR part 3)),the full amount of necessary
wages and bona fide fringe benefits(or cash equivalents
thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics
than those contained in the wage determination of the to be employed in the classification or their representatives,
Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed
hereof,regardless of any contractual relationship which may classification and wage rate(including the amount
be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the
and mechanics. contracting officer shall refer the questions,including the
views of all interested parties and the recommendation of the
Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for
fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an
Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within
paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or
4
will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show
additional time is necessary. that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible,and that the
(4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the
appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the
1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such
work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under
day on which work is performed in the classification, approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs,the registration of the apprentices and
c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the
contract for a class of laborers or mechanics includes a fringe applicable programs.
benefit which is not expressed as an hourly rate,the contractor
shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in
or shall pay another bona fide fringe benefit or an hourly cash which any contrail worts is performed a copy of all payrolls to
equivalent thereof. the contracting agency The payrolls submitted shall set out
accurately and completely all of the information required to be
d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social
other thins person,the contractor may consider as part of the security numbers and home addresses shall not be included
wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to
reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee
under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security
Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be
that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is
been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division
to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/formstwh347instr.htm
obligations under the plan or program. or its successor site.The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
2. Withholding Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and
written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an
Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage
the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime
contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and
assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own
requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a
including apprentices,trainees,and helpers,employed by the 'Statement of Compliance,'signed by the contractor or
contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the
required by the contract. In the event of failure to pay any
laborer or mechanic,including any apprentice,trainee,or payment of the persons employed under the contract and shall
helper,employed or working on the site of the work,all or part certify the following:
of the wages required by the contract,the contracting agency
may,after written notice to the contractor,lake such action as (i)That the payroll for the payroll period contains the
may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of
payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is
have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29
CFR part 5,and that such information is correct and
3. Payrolls and basic records complete;
a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each
maintained by the contractor during the course of the work and helper,apprentice,and trainee)employed on the contract
during the payroll period has been paid the full weekly
preserved for a period of three years thereafter for all laborers
wages earned,without rebate,either directly or indirectly,
and mechanics working at the site of the work.Such records and that no deductions have been made either directly or
shall contain the name,address,and social security number of indirectly from the full wages earned,other than
each such worker,his or her correct classification,hourly rates permissible deductions as set forth in Regulations,29 CFR
of wages paid(including rates of contributions or costs part 3;
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B)of the
Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not
deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed,
the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination
any costs reasonably anticipated in providing benefits under a incorporated into the contract.
plan or program described in section 1(b)(2)(B)of the Davis-
i
5
i1
3
(3)The weekly submission of a properly executed rate specified in the applicable wage determination.
certification set forth on the reverse side of Optional Form Apprentices h
p pp cess all be paid fringe benefits in accordance with
WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the
'Statement of Compliance'required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits,
this section. apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
(4)The falsification of any of the above certifications may classification.If the Administrator determines that a different
subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification,
prosecution under section 1001 of title 18 and section 231 of
fringes shall be paid in accordance with that determination.
title 31 of the United States Code.
In the event the Office of Apprenticeship Training,Employer
c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency
required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an
inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be
representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable
FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable
representatives to interview employees during working hours program is approved.
on the job.If the contractor or subcontractor fails to submit the
required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL).
after written notice to the contractor,the contracting agency or
the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be
cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the
guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and
records upon request make such records available may individually registered in a program which has received prior
be grounds for debarmeentt action pursuant to 29 CFR 5 12. approval,evidenced by formal certification by the U.S
Department of Labor,Employment and Training
4. Apprentices and trainees Administration.
a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Apprentices will be permitted to work at less than the Employment and Training Administration.
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified
apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress,
Labor.Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate
Apprenticeship Training,Employer and Labor Services,or with speed in the applicable wage determination.Trainees shall
a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the
person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention
employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe
program,who is not individually registered in the program,but benefits listed on the wage determination unless the
who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that
Training,Employer and Labor Services or a State there is an apprenticeship program associated with the
Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage
probationary employment as an apprentice. determination which provides for less than full fringe benefits
for apprentices.Any employee listed on the payroll at a trainee
The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan
site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall
permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage
the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed.
apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in
employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program
applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the
classification of work actually performed.In addition,any wage determination for the work actually performed.
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration
less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no
for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the
performing construction on a project in a locality other than applicable predetermined rate for the work performed until an
that in which its program is registered,the ratios and wage acceptable program is approved.
rates(expressed in percentages of the journeyman's hourly
rate)specified in the contractors or subcontractor's registered
program shall be observed. c.Equal employment opportunity The utilization of
apprentices,trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29
specified in the registered program for the apprentice's level of CFR part 30.
progress,expressed as a percentage of the journeymen hourly
6
d. Apprentices and Trainees(programs of the U.S.DOT).
Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY
skill training programs which have been certified by the STANDARDS ACT
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction
subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the
The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety
trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to
particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As
journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics
the particular program. include watchmen and guards.
5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor
contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require
3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to
Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such
subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less
subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours
compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek.
with all the contract clauses in 29 CFR 5.5.
2.Violation;liability for unpaid wages;liquidated
7.Contract termination:debarment A breach of the damages. In the event of.any violation of the clause set forth
contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any
of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the
subcontractor as provided in 29 CFR 5.12. unpaid wages.In addition,such contractor and subcontractor
shall be liable to the United States(in the case of work done
under contract for the District of Columbia or a territory,to such
8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such
requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each
Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and
are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in
paragraph(1.)of this section,in the sum of$10 for each
9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or
out of the labor standards provisions of this contract shall not Permitted to work in excess of the standard workweek of forty
be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the
disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section.
of the Department of Labor set forth in 29 CFR parts 5,6,and
7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages.
between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action
contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the
employees or their representatives. Department of Labor withhold or cause to be withheld,from
• any moneys payable on account of work performed by the
10.Certification of eligibility. contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor,or any
other federally-assisted contract subject to the Contract Work
a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same
neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be
interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractoror
be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as
the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this
section.
b.No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert ,
of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.)
through(4.)of this section and also a clause requiring the
c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier
U.S.Criminal for 8 U.S.C. statements
1001subcontracts.The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs(1.)through(4.)of this
section.
•
7
•
evidenced in writing and that it contains all pertinent provisions
VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.
This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is
contracts on the National Highway System. not applicable to design-build contracts;however,contracting
agencies may establish their own self-performance
1.The contractor shall perform with its own organization requirements.
contract work amounting to not less than 30 percent(or a
greater percentage if specified elsewhere in the contract)of
the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such T his pr o v i s i o n is applicable to all Federal-aid
specialty items performed may be deducted from the total construction contracts and to all related subcontracts.
original contract price before computing the amount of work
required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall
(23 CFR 635.116). comply with all applicable Federal,State,and local laws
governing safety,health,and sanitation(23 CFR,635).The
a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and
to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it
equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be
without operators. Such term does not include employees or reasonably necessary to protect the life and health of
equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to
agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the
term may include payments for the costs of hiring leased work covered by the contract.
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a
employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into
contractor meets all of the following conditions: pursuant to this contract,that the contractor and any
subcontractor shall not permit any employee,in performance
(1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions
supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her
employees; health or safety,as determined under construction safety and
(2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary
of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work
(3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704).
exclude individual employees from work on the project;and
(4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract
the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative
submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract
other Federal regulatory requirements. performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the
that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 .
equipment not ordinarily available in the type of contracting U.S.C.3704).
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
2.The contract amount upon which the requirements set forth
in paragraph(1)of Section VI is computed includes the cost of T his pr o v i s i o n is applicable to all Federal-aid
material and manufactured products which are to be construction contracts and to all related subcontracts.
purchased or produced by the contractor under the contract
provisions. In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made
or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal-
direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned
requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly,
(regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or
own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the
engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any
necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and
similar acts,Form FHWA-1022 shall be posted on each
4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more
otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned
contracting officer,or authorized representative,and such with the project:
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the 18 U.S.C.1020 reads as follows:
contracting agency has assured that each subcontract is
8
"Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall
States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification
person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be
false statement,false representation,or false report as to the considered in connection with the department or agency's
character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However,
be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a
be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person
submission of plans,maps,specifications,contracts,or costs from participation in this transaction.
of construction on any highway or related project submitted for
approval to the Secretary of Transportation;or c.The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it is later
representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered
character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies
be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency
connection with the construction of any highway or related may terminate this transaction for cause of default.
project approved by the Secretary of Transportation;or
d.The prospective first tier participant shall provide
Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom
representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier
or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when
Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed
and supplemented; circumstances.
Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred,'
years or both." "suspended,""ineligible,""participant,""person," "principal,"
and"voluntarily excluded,"as used in this clause,are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions'refers to any covered transaction between a
WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such
as the prime or general contract). "Lower Tier Covered
This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First
contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier
Participant"refers to the participant who has entered into a
By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal
contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier
Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a
appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
1 That any person who is or will be utilized in the Tier Participants(such as subcontractors and suppliers).
performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting
award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be
or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier
2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred,
included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from
every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by
-the contracting agency may direct as a means of enforcing the department or agency entering into this transaction.
such requirements.
g.The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
X.CERTIFICATION REGARDING DEBARMENT, 'Certification Regarding Debarment,Suspension,Ineligibility
SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,"
EXCLUSION provided by the department or contracting agency,entering
into this covered transaction,without modification,in all lower
This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier
contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold
subcontracts,purchase orders,lease agreements,consultant
contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a
approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered
defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or
voluntarily excluded from the covered transaction,unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals,as well as
a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each
first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded
Parties List System website(haps://vAvw.eols.00v/),which is
b.The inability of a person to provide the certification set out compiled by the General Services Administration.
below will not necessarily result in denial of participation in this
i
9 t
!i
1
i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies,
require the establishment of a system of records in order to including suspension and/or debarment
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide
is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is
a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
j.Except for transactions authorized under paragraph(f)of changed circumstances.
these instructions,if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred,"
person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal,"
excluded from participation in this transaction,in addition to and'voluntarily excluded,"as used in this clause,are defined
other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to
department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a
or default. copy of those regulations. 'First Tier Covered Transactions'
refers to any covered transaction between a grantee or
subgrantee of Federal funds anda participant(such as the
prime or general contract). "Lower Tier Covered Transactions"
2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered
Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant"
Participants: refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier
its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
(1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers).
debarment,declared ineligible,or voluntarily excluded from
participating in covered transactions by any Federal e.The prospective lower tier participant agrees by
department or agency; submitting this proposal that,should the proposed covered
transaction be entered into,it shall not knowingly enter into
(2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is
proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily
against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless
connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this
a public(Federal,State or local)transaction or contract under transaction originated.
a public transaction;violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery, I.The prospective lower tier participant further agrees by
bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled
statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
(3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and
civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding
local)with commission of any of the offenses enumerated in the$25,000 threshold.
paragraph(a)(2)of this certification;and
g.A participant in a covered transaction may rely upon a
(4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered
application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or
(Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it
knows that the certification is erroneous.A participant is
b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended,
any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered
participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as
the eligibility of any lower tier prospective participants,each
2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded
Parties List System website(https://www.epts.gov/),which is
.(Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration.
lower tier transactions requiring prior FHWA approval or
estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to
1200) require establishment of a system of records in order to render
in good faith the certification required by this clause.The
a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to
lower tier is providing the certification set out below exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
b.The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph a of
was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction
lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a
certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily
Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to
other remedies available to the Federal Government,the
10
department or agency with which this transaction originated
may pursue available remedies,including suspension and/or
debarment.
Certification Regarding Debarment,Suspension,
Ineligibility and Voluntary Exclusion—Lower Tier
Participants:
1 The prospective lower tier participant certifies,by
submission of this proposal,that neither it nor its principals is
presently debarred,suspended,proposed for debarment,
declared ineligible,or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2.Where the prospective lower tier participant is unable to
certify to any of the statements in this certification,such
prospective participant shall attach an explanation to this
proposal.
XI.CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000(49 CFR 20).
1 The prospective participant certifies,by signing and
submitting this bid or proposal,to the best of his or her
knowledge and belief,that
a.No Federal appropriated funds have been paid or will be
paid,by or on.behalf of the undersigned,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 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.
b.If any funds other than Federal appropriated funds have
been paid or will be paid 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 Federal contract,grant,loan,or
cooperative agreement,the undersigned shall complete and
submit Standard Form-LLL,"Disclosure Form to Report
Lobbying,'in accordance with its instructions.,
2.This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C.1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than$100,000 for each such failure.
3.The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts,which exceed$100,000 and that all such
recipients shall certify and disclose accordingly
11
ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1
PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work.
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1 During the performance of this contract,the contractor
undertaking to do work which is,or reasonably may be,done
as on-site work,shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated,or the subregion,or the
Appalachian counties of the State wherein the contract work is _
situated,except:
a.To the extent that qualified persons regularly residing in
the area are not available.
b.For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c.For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract,provided that the number of nonresident
persons employed under this subparagraph(1c)shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work,except as provided in
subparagraph(4)below
2.The contractor shall place a job order with the State
Employment Service indicating(a)the classifications of the
laborers,mechanics and other employees required to perform
the contract work,(b)the number of employees required in
each classification,(c)the date on which the participant
estimates such employees will be required,and(d)any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work,the
information submitted by the contractor in the original job order
is substantially modified,the participant shall promptly notify
the State Employment Service.
3.The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who,in his opinion,are not qualified to
perform the classification of work required.
4.If,within one week following the placing of a job order by
the contractor with the State Employment Service,the State
Employment Service is unable to refer any qualified job
applicants to the contractor,or less than the number
requested,the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate,the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate,notwithstanding the provisions of subparagraph(1 c)
above.
5. The provisions of 23 CFR 633.207(e)allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
12
i
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40E
LOCAL AGENCY PROGRAM AGREEMENT ROGRAMMANAGEMENT
OGC—08/15
Page 1 of 2
Exhibit "E"
TITLE VI ASSURANCES
During the performance of this contract,the consultant or contractor, for itself, its assignees and successors in
interest(hereinafter collectively referred to as the"contractor")agrees as follows:
(1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to
.nondiscrimination in federally-assisted programs of the U S. Department of Transportation
(hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein
incorporated by reference and made a part of this contract.
(2.) Nondiscrimination:The Contractor,with regard to the work performed by it during the contract,shall
not discriminate on the basis of race,color,national origin,or sex in the selection and retention of sub-
contractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when the contract covers a program set forth in
Appendix B of the REGULATIONS.
(3.) Solicitations for Sub-contractors, including Procurements of Materials and Equipment In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under sub-contract, including procurements of materials or leases of equipment, each
potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations
under this contract and the REGULATIONS relative to nondiscrimination on the basis of race,color,
national origin,or sex.
(4.) Information and Reports: The contractor shall provide all information and reports required by
the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Florida Department of Transportation or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration
to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions.
Where any information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish this information the contractor shall so certify to the Florida Department
of Transportation, or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate,
and shall set forth what efforts it has made to obtain the information.
(5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract,the Florida Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration,or
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40E
LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGEMENT
OGC-136/15
Page 2 of 2
Federal Motor Carrier Safety Administration may determine to be appropriate,including,but not
limited to:
a. withholding of payments to the contractor under the contract until the contractor
complies,and/or
b. cancellation,termination or suspension of the contract,in whole or in part.
(6.) Incorporation of Provisions:The contractor shall include the provisions of paragraphs(1)through(7)
in every sub-contract, including procurements of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto The contractor shall take such action with
respect to any sub-contract or procurement as the Florida Department of Transportation or the Federal
Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal
Motor Carrier Safety Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided, however, that, in the event a contractor becomes involved in,
or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the
contractor may request the Florida Department of Transportation to enter into such litigation to protect
the interests of the Florida Department of Transportation, and, in addition, the contractor may request
the United States to enter into such litigation to protect the interests of the United States.
(7.) Compliance with Nondiscrimination Statutes and Authorities:Title VI of the Civil Rights Act of 1964
(42 U S.C.§2000d et seq., 78 stat.252), (prohibits discrimination on the basis of race,color, national
origin);and 49 CFR Part 21;The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970,(42 U.S C.§4601),(prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of
1973, (23 U.S C § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the
Rehabilitation Act of 1973,(29 U.S.0 §794 et seq),as amended, (prohibits discrimination on the basis
of disability);and 49 CFR Part 27;The Age Discrimination Act of 1975,as amended,(42 U.S.C.§6101
et seq),(prohibits discrimination on the basis of age);Airport and Airway Improvement Act of 1982,(49
USC§471,Section 47123),as amended,(prohibits discrimination based on race,creed,color,national
origin,or sex);The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not); Titles II and III of the
Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation
of public entities, public and private transportation systems, places of public accommodation, and
certain testing entities(42 U.S.0 §§12131 --12189)as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination
statute (49 U S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and
sex),Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations; Executive Order 13166, Improving
Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,
national origin discrimination includes discrimination because of limited English proficiency(LEP). To
ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have
meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education
Amendments of 1972,as amended,which prohibits you from discriminating because of sex in education
programs or activities(20 U.S C. 1681 et seq).
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40F
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
OGc-011115
Page 1 of t
EXHIBIT "F"
AGENCY RESOLUTION
The agency Resolution authorizing entry into this Agreement is attached and incorporated into this
Agreement.
It
1
RESOLUTION NO. 2016- n7R
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE CHAIRMAN'S EXECUTION OF A LOCAL AGENCY PROGRAM AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF AN 8-FOOT WIDE CONCRETE
SIDEWALK ALONG THE EAST SIDE OF 43RD AVENUE FROM AVIATION BOULEVARD TO AIRPORT DRIVE
WEST.
WHEREAS, the construction of a sidewalk, approximately 0.69 miles in length, including shoulder
work, ditch grading, drainage piping with drainage structures, signing and pavement markings along the
east side of 43rd Avenue from to Aviation Boulevard to Airport Drive West is an Indian River County priority
project; and
WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a
portion of the cost for construction of a sidewalk, shoulder work, ditch grading, drainage piping with
drainage structures, signing and pavement markings along the east side of 43rd Avenue from to Aviation
Boulevard to Airport Drive West Court under the Local Agency Program (LAP); and
WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County
execute and deliver to the State of Florida, Department of Transportation, a Local Agency Program
Agreement for the aforementioned project;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and
deliver to the State of Florida, Department of Transportation, a Local Agency Program Agreement for the
aforementioned project.
The foregoing resolution was offered by Commissioner pip, chPr who moved its
adoption. The motion was seconded by Commissioner 0'Bryan and, upon being put to a vote,
the vote was as follows:
Chairman Bob Solari AYE
Vice-Chairman Joseph E. Flescher AYE
Commissioner Peter D. O'Bryan AYE
Commissioner Wesley S. Davis AYE
CommissionerTim Zorc AYE
The Chairman thereupon declared the resolution passed and adopted this 13th day of
September 12016.
BOARD OF COUNTY COMMISSSIONERS ••
r SSIOI.. ,
OF INDIAN RIVER COUNTY, FLORIDA �.����.• "' ' ,
By
Bob Solari, Chairman
Attest:Jeffrey R. Smith, Clerk of Court '•;�' ?t• , Jam'.
and C Iler ;......... 5 ''
•. NDIgN n '� .
B STA ET OF FLORIDA
ep Clerk INDIAN RIVER COUNTV
THIS IS TO CERTIFY THAT XtolrnL..e,aufficiency THISIS
rgYed aA TRUE AND CORRECT COPY S
THE ORIGINAL ON FILE IN THISOF
[� OFFICE
William K. DeBraal, Deputy County Attorney BY JE R SMITH.SLERK
DATE
F•\Attorney\Bill\Resolutions\Resolution FDOT LAP Agreement 9-13-2016.doc T
i
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525010-40
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES
1115
Page 1
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://www.cfda.gov/
Award Amount: $569,763.00
Awarding Agency: Florida Department of Transportation
Award is for RBD: No
Indirect Cost Rate: N/A
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.ecfr.gov/
OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations
http.//www.whitehouse.qov/sites/default/files/omb/assets/al33/al33 revised 2007 pdf
OMB Circular A-133 Compliance Supplement 2014
http.//www.whitehouse.gov/omb/circulars/al33 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.gov/omb/circulars a102/
Title 23—Highways, United States Code
http.//uscode.house.gov/browse/prelim(5�title23&edition=prelim
Title 49—Transportation, United States Code
http.//uscode.house.gov/browse/prelim@title49&edition=prelim
Map-21 —Moving Ahead for Progress in the 2111 Century, Public Law 112-141
http://www.qpo.gov/fdsys/pkq/PLAW-1 12publ141/pdf/PLAW-1 12publl41.pdf
Federal Highway Administration—Florida Division
http.//www.fhwa.dot.gov/fldiv/
Federal Funding Accountability and Transparency Act(FFATA)Sub-award Reporting System (FSRS)
https://www.fsrs.gov/
I �►
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-30
FEDERAL-AID PROJECT FUNDING REQUEST CONSTRUCTION
08=
�j Page 1 off2/-
DATE —1 .� �(W
AGENCY Indian River County FEDERAL-AID PROJECT NUMBER 8886-493-A
FIN NUMBER 431725-2-58/68-01 STATE JOB NUMBER TIP PAGE NUMBER
PROJECT TITLE 43rd Ave.Sidewalk Improvements
Termini 1- from Aviation Blvd.to Airport Dr.West Length: 0.673 Miles
WORK PHASE: ❑ PLANNING F-]-ENVIRONMENTAL ❑DESIGN CONSTRUCTION❑ RIGHT OF WAY
AWARD TYPE. `* LOCAL LOCAL FORCES
ENVIRONMENTAL DOCUMENT. Mark the type of environmental document prepared,indicate the approval date, and the most
recent reevaluation date.
EIS approved on: and reevaluated on:
EA/FONSI approved on: and reevaluated on.
Categorical Exclusion.
Programmatic Categorical Exclusion determination on:
Type I Categorical Exclusion determination on: 5/11/2016
Type II Categorical Exclusion determination on:
Categorical Exclusion Reevaluation on:
PHASE TOTAL LOCAL AGENCY STATE FEDERAL FUNDS PERCENT OBLIGATION DATE
ESTIMATED COST FUNDS FUNDING (nearest Dollar) FEDERAL Month/Year
nearest Dollar nearest Dollar nearest Dollar FUNDS
PLANNING
PDBE
DESIGN
CONST. $548,717.00 $40,000.00 $0.00 $508,717.00 92.7
CEI $61,046.00 $0.00, $0.00 $61,046.00 100
TOTAL $609,763.00 $40,000.00 $0.00 $569,763.00 93.4
DESCRIPTION OF EXISTING FACILITY(Existing Design and Present Condition)
Roadway Width: 10'-20'travel lanes Number of Lanes 2
Bridge Number(s)on Project None
DESCRIPTION OF PROPOSED WORK [] New Construction ❑3-R a't; Enhancement ❑Congestion Mitigation
Sidewalk -
Roadway Width 11'(Varies)travel lanes Number of Lanes 2
Bride Numbers(s)on Proiect None
LOCAL AGENCY
James W. Ennis, P.E PMPERSON County Engineer %/y�Oti�.. /���F9s •;
+J:
MAILING ADDRESS: PHONE: %Q
1801 271h Street 772-226-1380 a :o
Vero Beach, FL 32960AGENCY ZIP mac;
Indian River County32960 DE. •.���i ; •. . "y
'
LOCATION AND DESIGN APPROVAL.
BY 1 ....
Bob Solari Approving Authority
TITLE: Chairman DATE: September 3, 2016
ATTEST:
Jeffrey R. Smit Clerk of Co and Comptroller
BY:
y Clerk
`�-
ev
525-010-30
CONSTRUCTION
0aw
Page 2 of 2
AGENCY: PROJECT TITLE: DATE:
Indian River County 431d Ave. Sidewalk Improvements from Aviation Blvd.to Airport
Dr.West [�c�
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 PLAN FOR
COMMUNITY DEVELOPMENT.
Al
•G . ••!SJR;:
AGENCY: Indian River Count
DATE: September 13, 2016 By-
ATTEST:
yATTEST: Bob Solari, Chairman
Jeffrey R. S Clerk o Burt and Comptroller
BY: AOW(011,ems' AS 8 0 :"ORM
TO: PG404AD@dot.state.fl.us
SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT GOF05
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #GOF05 Contract Type: Method of Procurement:
Vendor Name: INDIAN RIVER COU
Vendor ID: VF596000673026
Beginning date of this Agmt: 09/21/16
Ending date of this Agmt: 12/31/18
************************************************************************
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 *AI *780000 * 508717.00 *43172525801 *215 *20.215
2017 *55150200 *088717/17
0001 *00 * *0001/04
------------------------------------------------------------------------
Action: ORIGINAL Funds have been: APPROVED
55 043010404 *AC *780000 * , 61046.00 *43172526801 *215 *20.215
2017 *55150200 *088718/17
0001 *01 * *0002/04
------------------------------------------------------------------------
TOTAL AMOUNT: *$ 569,763.00 *
------------------------------------------------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 09/21/2016
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-095-05
LAP CERTIFICATION RIGHT OF WAY
11112
RNV ITEM/SEGMENT NO N/A MANAGING DISTRICT: 4
CONSTRUCTION ITEM/SEGMENT NO 431725-2-58-01 STATE ROAD: N/A
F.A.P. NO. (Construction) 8886493-A DESCRIPTION: Construction of a 8'wide
COUNTY. INDIAN RIVER concrete sidewalk and minor drainage
LETTING DATE: 3/13/2017 improvements.
The undersigned hereby certifies as follows:
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
urtherAcquisition
❑x Right of way was not acquired for this project.
❑ 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 in compliance with applicable state and federal law
Demolition
No structures or improvements, including encroachments, required removal from the project right of way.
❑. 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:
itle: Roadway Production Manager Date:
Certified by FDOT:
Title: Susan ay, District Right of Way Manager �� ate:- —�
ADDITIONAL STATEMENT- Local Agency Program
No Additional Right of Way Required
RNV ITEM/SEGMENT NO.. N/A STATE ROAD: N/A
CONST. ITEM SEGMENT NO.. 431725-2-58-01 DESCRIPTION. Construction of a 8'wide concrete
sidewalk and minor drainage
improvements to accommodate the new
F.A.P. NO.. 8886-493-A sidewalk.
PREFERRED LETTING DATE: 03/13/2017 LOCAL AGENCY: Indian River County
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.
Z 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.
- ��- l6
S GIWURE DATE
Michael D. Nixon. P.E.
NAME (Printed)
Title: Roadway Production Manager
_-_Agenc-y.:_Indian-River-County ----- - - - - - - -- -- -- - - -
Rev 4/12/11
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTAT 1 ON 650-050-12
TYPE 1 CATEGORICAL EXCLUSION ENVIRONMENTAL MANAGEMENT
CHECKLIST 10/15
Financial Management No.431725-2-58/68-1
FAP No. 8886 943 A
CE Number: ® (c)3 or ❑ (d)
Project Description (include project title, limits, and brief description of the propose scope of work):
43rd Avenue from 26"'Street/Aviation Boulevard to Airport Drive West, Ind ian River County, Florida;
eight-foot sidewalk on the east side of 43rd Avenue including minor shoulder work, ditch grading, minor
piping with drainage structures, signing, and pavement markings.
Note: The criteria below also consider the conditions listed in 23 CFR 771 1 17(e)for the CEs described in
23 CFR 771.117(c)(26), (27)and (28):
YES NO
1. Will the action cause major adverse impacts on travel patterns, planned growth, land ❑
use for the area or access control?
2. Will the action cause adverse.im pacts to air, noise or water quality? ❑ N
3. Will the action cause wetland impacts that would require an individual.Section 404 ❑
Permit from the U.S.Army Corps of Engineers(USACE)under the Clean Water Act,
Section 404, 33 U:S.C. § 1344 and/or section 10 of the Rivers and Harbors Act?
4. Will the action cause impacts to navigation that would require an individual U.S. Coast_ ❑
Guard(USCG)Bridge Permit?
5. Will the action cause impacts greater than minimal floodplain encroachments, which will ❑
affect flood heights or base floodplain limits?
6. Will the action require construction in, across, or adjacent to a river designated as a ❑
Component of, or proposed for inclusion in, the National System of Wild and Scenic
Rivers(for 23 CFR 771.117(c)(26), (27)and(28)?
7. Will the action result in a determination other than, (1)"no involvement", (2)"no effect", ❑
or(3)with concurrence from US Fish and.Wildlife Service or National Marine Fisheries
Service, as appropriate, a"may affect but not likely to adversely.affect"determination
concerning impacts to endangered and threatened species and/or their critical habitat in
accordance with Section 7 of the Endangered Species Act of 1973, as amended, 16
U.S.C. § 1536(a)-(d)?
8: Will the action require more than minor amounts of right-of-way and result in any ❑
residential or non-residential displacements?
9. Will the action impact any properties protected by Section 4(f)of the U.S.Department of ❑
Transportation Act, 49 U.S.C. § 303?[NOTE: If it has been determined that Section 4(f)
is not applicable in accordance With 23 CFR 774 and Part 2, Chapter 13 of the PD&E
Manual, then the answer to this question is no.)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 65"50-12
TYPE 1 CATEGORICAL EXCLUSION ENVIRONMENTAL MANAGEMENT
CHECKLIST ions
YES NO
10. Will the action result in a determination other than (1) no involvement, (2)"no effect,"or ❑
(3) "no adverse effect" regarding properties protected under Section 106 of the National
Historic Preservation Act?
11. Does the action have known contamination sites which would have more than a minimal ❑
impact to design, and right-of-way or construction activities once assessed as described
in Part 2, Chapter 22, Contamination Impacts of the PD&E Manual, and can't be
avoided or remediated?
12. Will the action have substantial controversy on environmental grounds? ❑
IMPORTANT: If all answers are No, the project is a Type 1 Categorical Exclusion 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.
This project has been evaluated and has been determined to meet the conditions as set forth in Florida's
Programmatic Agreement for Categorical Exclusions effective October 2015, as a Type 1 Categorical
Exclusion.
LAP Reviewer: Date.-
Name:
ate:Name:Andy Sob&dk
Company: IRC
Address: 1801 27`h Street Vero Beach, FL 32960
LAP Administrator: Date: 41281
r�
Christine Fasiska
0/11L� t�
FDOT Concurrence: Date: 7 D-7
"
Ann Broadwell, District 4 Environmental Administrator
The following is a list of any supporting activities(e.g field reviews, as appropriate, etc.), 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.
• Field Review 9/17/14
• Cultural Resources Assessment Survey(CRAS) 11/2015- FHWA and SHPO concurrence
received 12/16/15 and 12/18/15. respectively
• ETDM EST Screening
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-44
LOCAL AGENCY PROGRAM CHECKLIST FOR CONSTRUCTION CONTRACTS (Phase 58) – PROGRAM MANAGEMENT
Ions
FEDERAL AND STATE REQUIREMENTS Pa90 1 of 6
Project Title. 43rd Avenue Sidewalk Improvements
from Aviation Boulevard to Airport Drive West Federal-Aid Highway(Yes/No)' No
Financial Management Number: 8886-493-A LAP Agreement Amount($)- 478,000.00
Federal-Aid Project Number: 431725-2-58-01 Scheduled Advertisement Date, 3/12 & 19/2017
Local Agency Name. Indian River County Specifications Used: FDOT® LAP Big Four❑ Local Agency I�
Materials Certification and Acceptance (MAC) System Use Required (Yes/No): No SHS/NHS Project(Yes/No).No If yes, identify System. N/A
Requirement Reference Local Agency Responsibilities District Monitoring Requirement Location-
Responsibilities
1 Plan, Specification 23 CFR Submit PS&E package to FDOT for approval. Provide assurance Review/approve signed and Signed and sealed PS&E
&Estimates(PS&E) 635.309(a) that all: sealed PS&E package Package and all Certifications
Submittal AP Agreement must be uploaded to LAPIT prior
L Right-of-way(ROW)clearances, NEPA compliance have been ROW Form#575-095-05 date: to executing this Checklist.
Section 13.08
completed,and appropriate permits have been obtained. Utility 1/21/16
LAP Manual and railroad work arrangements and coordination must be made All permits issued must be
and properly noticed in the bid proposal Executed Status of submitted to the Department and
National Environmental Certification and incorporated into the PS&E
Environmental SHS/NHS projects will be designed in accordance with the Plans Determination received from Package.
Policy Act Preparation Manual Non-SHS and Non NHS projects will be DEMO date.
(NEPA) designed in accordance with the Florida Green book 12/16/2015
Contract Local Agency uses its own Division I Specifications for all project —
Administration types, but includes FDOT's Division 1 Specifications for Local
Core Curriculum Clear Letters received dates,
Manual,FHWA Agencies in the bid document located on the Department's Specs
HIPA-30, on the Web page. Utilities
October 2014 9/23/15
Local Agency will use FDOT's Division II and Division III
Specifications when the construction project is on the SHS, NHS, Railroad
or greater than$10 million in total costs. For Class C projects N/A
with bridges or box culverts refer to IAP Bulletin 01-14 for
specifications guidance No Permits
When the project is off the SHSand NHS, Local Agency will use N/A
FOOT's pre-approved Big 4 specifications for earthwork,concrete, permits Req. St.Johns River
asphalt,and landscaping items,or will seek FDOT approval for Water Management District and
local agency specifications Army Corps.of Engineers(Both
Pending)
2. Advertisement 23 USC 112 Local Agency may not advertise until Authorization has been Review bid documents and Section 00100
received from FDOT.Advertisement must be a minimum of 21 verify minimum.3 week V
23 CFR days.The project must be advertised in a manner that reaches advertisement and regional
635.112 all interested bidders. publication.
525.010-44
PROGRAM MANAGEMENT -
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Requirement Reference Local Agency Responsibilities District Monitoring
Responsibilities Requirement Location
3. Bonding '255.05 F.S. Florida statute requires all contractors performing a public work Review bid document for bonding Appendix C,Page 42,GC 46
for a Local Agency execute a payment and performance bond requirement(s). Local Agency
23 CFR with a surety insurer prior to commencing.work.Bonding uploads executed bond with final /
635 110(b) requirements may not be used to limit competition.per federal contract package to LAPIT after
2 CFR 200.325 and state law. contract award.
4 Buy America 23 CFR 635.410 Include FDOT's Division 1 specification package for Local Review bid document for inclusion Appendix C, Page 19,#17 and
Agencies in the bid document located on the FDOT Specs on the of the specification and P-63
FDOT Standard Web page. If a Buy America waiver was approved, provide the certification requirement.
Specification Federal Register publication date
6-5.2
5 Certification of 14-22.006, Contractor must certify they have the financial capacity to Review'bid documents for Section 00496-1, Certificate
Current Capacity F.A.0 complete the project. Include FDOT Form#525-010-46 in the inclusion of provision and
bid documents per Florida Administrative.Code. certification
6 Change Orders 23 CFR 635.120 Develop procedures outlining the conditions under which a Review bid document for inclusion Appendix C, Page 22,#22
change order is allowed and include in bid document. May use of the provision. /
FDOT CPAM
7.3.11 Section 7 3.11 of FDOT CPAM as part of procedure.
7 Claims 23 CFR 635.124 Develop procedures outlining the conditions under which a claim Review bid document for-inclusion Appendix C, Page 23,#25
is allowed and include in bid document or include FDOT's Division of the provision.
FDOT Std Spec 1 specification package for Local Agencies in the bid document l
5-12 located on the FDOT Specs on the Web page. V
FDOT CPAM
75
8. Contractor 23 CFR 140 Do not allow Review bid document to ensure Appendix C, Page 24,#28
Purchased Equipment 2 CFR 200 313 exclusion of provision.
for State or Local
Ownership
9 Disadvantaged 49 CFR 26 The Local Agency shall comply with FDOT's DBE Program.Plan Review bid document for inclusion Appendix C, Page 20,#18
Business Enterprise 49 CFR 26.45 unless the Local Agency has a DBE Program Plan approved by of DBE goal and DBE provision.
(DBE)and the USDOT. FDOT currently has a race neutral program with a i
Bid Opportunity LAP Manual 9 91 % goal. Include FDOT's Division 1 specification package Verify bidder opportunity reporting
Chapter 14 for Local Agencies in the bid document located on the FDOT prior to award concurrence per
FDOT Std Spec Specs on the Web page. LAP Manual Chapter 14 4.2.
7-24 Verify contractors enter their bid opportunity information in the
Equal Opportunity Compliance(EOC)System 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.
525.010.44
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Requirement Reference Local Agency Responsibilities District Monitoring
Responsibilities Requirement Location
10 E-Verify Florida E=verify language.Include FDOT's Division 1 specification Review bid document for Section 00800-6, SC-6 02.A, 1
Governors package for Local Agencies in the bid document located on the inclusion of the provision.
Executive Order FDOT Specs on the Web page.
11-116
FOOT
S00072800
11. Equal Employment 23 CFR 230Legal Requirements And Responsibility To The Public—Title VI Review bid document for inclusion Appendix A Title VI form
Opportunity Assurance—DOT 1050.2,Appendices A and E. Include FDOT's of this provision. Appendix C, Pages 2&3,#5(2)
DOT 1050.2 Division 1 specification package for Local Agencies in the bid
FOOT document located on the FDOT Specs on the Web page.
SP0073000
12. Equipment Rental 23 CFR 635120 Develop procedure based on 48 CFR 31 and include in bid Review bid document for inclusion Appendix C, Page 24,#28
Rates 48 CFR 31 document. of the proper payment provision V
for rental equipment.
13. FHWA Form 1273 23 CFR 633 Must physically incorporate in all contracts.and subcontracts. May Review final contracts for inclusion Appendix D
not be altered from the published version that can be obtained at: of FHWA Form 1273
FOOT hfr)://www.fhwa.dot:qov/programadmin/contracts/`1273/1273.gdf.
SP0070101 Include FDOT's Division 1 specification package for Local
Agencies in the bid document located on the FDOT Specs on the
Web page.
14 Foreign Contractor 49 CFR 30 Proposal may not limit project to domestic-owned contractors Review bid document to ensure Appendix C, Page 24,#29,(2)
and Supplier only and may not include the Florida orders on business with compliance. and Page 25 \!
Restriction Syria,Cuba, Iran,and Sudan.
15 Incentive/ 23 CFR Develop procedure based on 23"CFR 635 127 and include in bid Review bid document to ensure Not Applicable
Disincentive Clauses 635.127(d.0 document(if Local Agency elects to use Incentive/Disincentive) procedure was followed, if Local
May use Section 1.2.7 of FDOT CPAM as a guide in this Agency elects to use Incentive/ '
FDOT CPAM
1.2.7 development. Disincentive.
i
16 Indian Preference 23 CFR 635117 If utilized,ensure FDOT obtains FHWA approval of provision Verify provisions meet federal Not Applicable
on Federal-Aid Projects complying with 23 CFR 635.117. requirements.
(Labor&Employment)
17. Liquidated 23 CFR 635.127 To.use FDOT approved rates include FDOT's Division 1 Ensure that rates are included in Appendix C, Page 23,#24
Damages specification package for Local Agencies in the bid document the bid proposal.
FOOT Std Spec located on the FDOT Specs on the Web page. Or the agency may
8-10.2 develop rates based on 23 CFR 635.127 and include in contract
provisions with FDOT approval.
18. Lobbying 49 CFR 20 The Local Agency shall include certification in bid documents. Review bid document for inclusion Appendix C,Page 19,#16 and
Certification Local Agency may use FDOT Form#375-030-33 and FDOT Form of the provision and certifications P-64 through P-66 _
#375-030-34.Executed certification must also be uploaded to
LAPIT with final contract package.
19 Local/State Hiring 23 CFR 635.117 The Local Agency needs to certify it does not have State or local Review bid document to ensure Appendix C,Page 25,#35
Preference hiring preferences.Local preference also cannot be applied in a exclusion of any local.hiring 1
255.0991 F.S tie-breaking scenario in the event of identical bids. I preference.
525-010.44
PROGRAM MANAGEMENT
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Requirement Reference Local Agency Responsibilities District Monitoring Requirement Location
Responsibilities
20. Method of 23 CFR 635.104 Local Agency shall certify that projects will be awarded to the Review bid document to verify Appendix C, Page 1,#3
Construction(or & lowest responsive bidder except for Design-Build as approved by compliant bidding process �l '
Method of Bidding) 23 CFR 114(a) the FDOT.The method of bidding shall be included in the project
specifications.
21 Non-Collusion 23 CFR The Local Agency shall include certification in bid documents. Review bid document for inclusion Section 00472,affidavit
Provision 635 112(f) Local.Agency may use FDOT Form#575=060-13. Executed of the provision and certification. Appendix C, Page 21,#20
certification must also be.uploadeflo LAPIT with final contract
package.
22.On the Job Training 23 CFR 230 OJT is required on Federal-Aid Highway Program projects greater Review bid document for inclusion Not Applicable
FDOthan 275 days and$2 million.Include FDOT's Division 1 of the provision as applicable.
7-25 Std Spec specification package for Local Agencies in the bid document IV
7-25 located on the FDOT'S ecs on the Web page.
23. Owner Force 23 CFR 6356, Owner Force Account contracting is not allowed without first Review bid document to ensure Not Applicable
Account/Cost-Effective under 635.205 submitting a finding of cost-effectiveness. This must be approved exclusion of provision or provide
Justification by the District LAP Administrator, FDOT approval date.
24. Patented/ 23 CFR 635.411 Proprietary Products may used when approved in accordance Review bid document for inclusion Not Applicable ;
Proprietary Materials with FDOT Procedure No.630-020-005. Include FDOT approved or exclusion of provision as /
FDOT (Form No.630-020-07 or public interest finding)in the bid applicable. /
Procedure No. documents.
630-020-005
25.Prequalification 23 CFR Use FDOT prequalified contractors for projects on the NHS and Review bid document for Appendix C, Page 1 #2
635.110 SHS and Class C projects. FDOT prequalified contractor is not inclusion of FDOT pre-
required.on NHS or SHS projects with a contract value-under qualification and identification
33714 F.S. $250,000.Non SHS/NHS projects may use Local Agency of major and/or minor work
prequalified contractors.Local Agency must use consistent types OR review bid document \
Chapter 14-22, qualifications and application of standards. for Local Agency qualifications
F.A.C. relevant to project scope.
26. Prevailing 23 USC 113 Include latest Davis-Bacon wage table(s)in the contract and Review bid document for Appendix C, Page 7#8
Minimum Wage FDOT's Division 1 specification package for Local Agencies in the reference to wage rates and
23 CFR 633A bid document located on the FDOT Specs on the Web page. final contracts for the
FDOT Current wage tables may be obtained at: applicable wage rate
SP0071600 http.//www.dot.state:fl.us/construction/wage.shtm or table(s). \.
http://www.wdoI.qov.
To review applicability consult the
Wage rates are not applicable on some projects located on State,Prevailing Wage
roadways classified as local roads or rural minor collectors. You Coordinator for approval.
may request an applicability review with your District LAP
Administrator.
27. Progress 23 CFR 635:122 Develop contract language to ensure that payments are based on Review bid document for inclusion General Conditions, Page 00700- /
Payments/Estimates work completed,this may include stockpiled materials or include of the provision. 38,Article 14, 14 02
FDOT Std Spec FDOT's Division 1 specification package for Local Agencies in the
9-5' bid document located on the FDOT S ecs.on the Web page
525-01044
PROGRAM MANAGEMENT -
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Requirement Reference. Local Agency Responsibilities District Monitoring
Responsibilities Requirement Location
28 Prohibition Against 23 CFR 635 417 Develop contract language to prohibit,the use of convict-produced Review bid document for inclusion Appendix C, Page 24,#29
Convict Produced materials or include FDOT's Division 1 specification,package for of the provision.
Materials FDOT Std Spec Local Agencies in the bid document located on the FDOT Specs t
6-5.1 on the Web page
29. Public Agencies in 23 CFR Do not allow Review bid document to ensure Appendix C,Page 24,#28
Competition with the 635.112(e) exclusion of the provision.
Private Sector
30. Publicly-Owned 23 CFR 635.106 Do not allow Review bid document for Appendix C, Page 24,#28
Equipment exclusion of the provision.
31. Salvage Credits 2 CFR 200.313 Do not allow Review bid document for Appendix C, Page 24,#30 1
exclusion of the provision
32. Standardized 23 CFR 635.109 Develop contract language to ensure that the requirements of 23 Review bid document for inclusion Appendix C, Page 21,#21
Changed Conditions CFR 635.109 are met or include FDOT's Division 1 specification of the provision. n
Contract Clauses FDOT Std package for Local Agencies in the bid document located on the
Specs 4-3 and
5-12 FDOT Specs on the Web page
33 State(Florida or 23 CFR 635.409 Do not allow Review bid document for Appendix C, Page 24,#29
other)-produced exclusion of state or locally
materials produced materials preferences.
34 State/Local 23 CFR 635.407 Do not use unless there is a public interest finding approved by Review bid document for Appendix C, Page 24,#29
Owned/Furnished/ FDOT(if specified in the bid document): Local.Agency tax exclusion of materials furnished by V
Designated Materials savings programs are generally not allowed for federal projects. Local Agency
35. Subcontracting 23 CFR 635.116 FHWA 1273 requires the prime contractor to perform 30%.of work Review bid document for inclusion Appendix C,Page 24,#31
on Federal-aid roadways. Develop contract,language to meet the of the provision that does not r
FDOT Std Spec requirements or include FDOT's Division 1 specification package conflict with FHWA 1273.
8-1 for Local Agencies in the bid document located on the FDOT
S ecs on the Web page.
36. Suspension and 49 CFR 29 The Local Agency shall include certification in bid documents. Review bid document for inclusion Section 00476-Certificate i
Debarment Local Agency may use FDOT Form#-375-030-32. of provision and form.Verify low Appendix C, Page 16,#15 /
bid contractor is not excluded 1�
Local Agency will need to verify status for all contractors and /
subcontractors utilizing the federal and state web applications:
https://www.s6m.gov/portal/SAM/#1
http://www.
dot.state.fl.us/construction/le galINewSus pension.shtm
'37 Termination of 23 CFR 635.125 Develop contract language for termination for cause, Review bid document for inclusion General Conditions, Page 00700-
Contract convenience,and default and include in the bid document. of the provision. 42,Article 15
38. Time Extensions 23 CFR 635.121 Develop contract language for how time extensions will be Review bid document for inclusion Appendix C, Page 22,#23
allowed or include FD07s Division 1 specification package for of the provision.
FDOT Std Spec Local Agencies in the bid document located on the FDOT Specs
8-7.32 on the Web page.
525-010-44
PROGRAM MANAGEMENT
10/15
Pago 6 of 6
Requirement Reference Local Agency Responsibilities District Monitoring
Responsibilities Requirement Location
'39. Warranty Clauses 23 CFR 635.413 Warranty,provisions shall be for a specific construction product or Review bid document for warranty Appendix C, Page 44, GC54
feature. Items of maintenance are not eligible for federal projects clauses Remove all general
and shall not be covered. General condition warranties for an condition warranty clauses from r
entire project are not allowed.Transfer of product warranties is PSBE Package on NHS.
allowed. /
Warranty provisions on a NHS project must be approved by
FHWA.Warranty provisions on the SHS must not conflict with
FDOT Standard Specifications.Off-system warranties may not
cover maintenance.
Local Agency I hereby certify that the above mentioned LAP project,construction contract documents contain the provisions set forth in this checklist.
r �
r' Signature Position Title
Name (Printed) Date
District LAP Administrator/Designee. I hereby certify that the above mentioned LAP project construction contract documents contain the provisions set forth in this
checklist.
L.cxaL� o6PUN l-1 1s_4)�Alb'.
Signature Position Title
0i40snNE M, j�ASiS�Cp '7111 Ito
Name(Printed) I IDate
1/17/2006 7:57:27 AM
Federal Requirements LAP Checklist for Administrative Operations
Local Agency: Indian River County County:Indian River County Municipality: N/A
Requirement Reference NHS/ Non- Non- Non- Local Agency Responsibility District Monitoring Reference Local District
SHS NHS/ NHS/ Federal- Responsibilities Agency Check
SHS Non- aid Check (FDOT)
SHS Highway/
Non-SHS
Ia. Advertising for 23 CFR Yes Yes Yes Yes The Local Agency shall advertise Review Local Agency procedures, See IRC Bidding Procedures
Bids 635.112(d).(e) authorized projects a minimum of guidelines,policies,etc. Advertisement for Bids X L�
(f)(g)(h), 3 weeks and make available Section 00100 of the Contract. 1
49 CFR 18.36 approved plans and specifications Documents /
to bidders during the advertising Sgm,v/e- (v�
period. .S@.e4/an
�.o f
Approval shall be obtained by the i0--tec-/e X
Local Agency prior to issuing any See General Conditions
addenda,which contain a major - Section 00700 Article 10
change to the approved plans or Changes in the work.In the
specifications during the Contract Documents
advertising period.
The Local Agency shall develop a
process specifically for Design
Build projects that includes the
solicitation for proposals including N/A
the submission,modification,
revision and withdrawal of
proposals.
F:\Engineenng\Michelleg\FelismereCheckii.st—FHWA—Admin(9-8-05).doc 1
1/17/2006 7:57:27 AM
Requirement - Reference NHS/ Non- Non- Non- Local Agency Responsibility District Monitoring Reference Local District
SHS NHS/ NHS/ Federal- Responsibilities Agency Check
SHS Non- aid Check (FDOT)
SHS Highway/
Non-SHS
2a. Bid Opening 23 CFR Yes Yes Yes Yes The Local Agency shall publicly Review Local Agency procedures, The Bid Opening is located in
and Tabulation 635.113(a) open and announce either item by guidelines,policies,etc. The Advertisement for Bids X
item or by total amount all bids Section 00100 of the Contract (/
received in accordance with the Documents
terms of the advertisement.Any veG�io/ti DOa 00'— /A . e./V
bid received and not read aloud,
shall have the name of the bidder L�/^i�i Gee / pw n i'f /' S
and the reason for not reading the ��Gy rab s oQG�
bid aloud publicly announced at / ✓
the letting.
The Local Agency shall forward After the Bid Opening the IRC X
Tabulations of bids certified by a Purchasing Division will send
responsible official to FDOT.The A copy of the Bid Tabulation
tabulation shall show:(1)Bid item Sheet showing all of the
details for at least the low three Bidders name and the amount
acceptable bids and(2)The total Of Their Bid.
amounts of all other acceptable See Instruction to Bidders
bids. Section 00200 in the Contract
Documents.
The Local Agency shall develop a
process specifically for Design
Build projects that includes the N/A
handling of proposals and
information.
F:\Engineering\Nfichelleg\FellsmereCheckhst—FHWA—Admin(9-8-05).doc 2
1/17/2006 7:57:27 AM
Requirement Reference NHS/ Non- Non- Non- Local Agency Responsibility District Monitoring Reference L District
SHS NHS/ NHS/ Federal- Responsibilities local Check
SHS Non- aid Agency (FDOT)
SHS Highway/ Check
Non-SHS
3a. Bid Analysis 23 CFR 635.114 Yes Yes Yes Yes The Local Agency shall examine Review Local Agency procedures, An Agenda Item will be X
and Award of the unit bid prices of the apparent guidelines,policies,etc. Prepared and sent to the IRC f
Contract low bid for reasonable Board of County Commissioners
conformance with the engineer's See Instruction to Bidders
estimate.A written process should Section 00200-7
be in place for documenting the Article 14 in the
analysis of bids,determining Contract Documents
unbalanced and non-responsive
bids,identification of non-
responsible bidders and the Local 44fG-le /e tj e
Agency's award/reject
recommendation.
The Local Agency shall award Instruction To Bidders .X
contracts solely on the basis of the Section00200
lowest responsive bid submitted by Article 19 of — 5e-eP 49 �S
a bidder meeting the criteria of The Contract Documents
responsibility with the prior
approval of FDOT. / 9�—
,�•�p aye 1143
The Local Agency shall develop a
process specifically for Design
Build projects that includes the N/A r ,
review and evaluation of proposals
and the method of announcing the �! /rG�e 2 f /JQ g /d u:e-4t / pn51 hle
successful proposal.
4a.Contract time 23 CFR 635.121 Yes No No No Provide procedures to be used. Review Local Agency procedures, See The Agreement X /
May use section 1.2.7 of FDOT guidelines,policies,etc. Section 00520
CPAM as guide. Article 4 and General Conditions —COI!rly��f ry��S
Article 2.0 40
F.\Engineering\Michelleg\FellsmereChecklist FHWA_Admin(9-8-05).doc 3
1/17/2006 7:57:27 AM
Requirement Reference NHS/ Non- Non- Non- Local Agency Responsibility District Monitoring Reference Local District
SHS NHS/ NHS/ Federal- Responsibilities Agency Check
SHS Non- aid Q// ��/t / Check (FDOT)
SHS Highway/ � /� /'SJ4tS
Non-SHS AA-lr- ' r y" « e 9
a. Project 23 CFR 635.105 Yes Yes Yes Yes Outline procedures to ensure Review Local Agency procedures, See the Agreement X
w Supervision and compliance with plans and guidelines,policies,etc. Section 00520
Staffing specifications. Must have a full Article 8 of the Contract —,pQ 57 e/IQ i 4-3
time employee in responsible Documents.
S2d4'o 7 00.7 p
charge of the project(name and Christopher J Kafer.
title) County Engineer 9e 3—eo AM
a. Warranty 23 CFR 635 413 Yes No No No Provide FDOT with procedures to Review Local Agency procedures, Section 00610 Performance X
clauses be used and include FDOT guidelines,policies,etc. Bond
approved procedures in bid Section 00612 Payment Bond9 2 �g%p ��irecz.seC
documents. f The Contract Documents
e 9D— ./9�yeneru/ e — titercr`'
eu'i'C. P��e GtXcrr Enrf'es /� %vn`-!
Cori fincz'�
Sa.. ,En j;heers Es lei ire a I-e- Paye 9 � cSer ion 9 0 �De rr,�ina_ iov� i~ (�„'f face Wo,-�C
F:\Engineering\Michelleg\FellsmereChecklist—FHWA—Admin(9-8-05).doe 4
1/17/2006 7:57:27 AM
Lo g cy:_ ,cr that a ve mentioned Administration Operations contain the provisions set forth in this checklist.
County Engineer
- S iat Position Title
Christopher J.Kafer P.E. G, 4�,
Name(Printed) ate
District LAP Administrator/Designee: I hereby certify that the above-mentioned Administration Operations contain the provisions set forth in this checklist.
Signature Position-Title
-
Name(Printed) Date
Central Office Statewide LAP Administrator:I hereby certify that the checklist is complete as indicated.
Signature Position Title
DPMo", s IC . ��( � rye►, 3���0
Name(Printed) Date
F:\Engineering\Michelleg\FellsmercChecklist—FHWA—Admin(9-8-05).doc 5
LAP Performance Evaluation
FD0T
LOCAL AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION January 2016
PROGRAM PERFORMANCE EVALUATION
-
Financial Project Number Local Agency Name
Reviewer District
Select One
Professional Services Procurement (Planning, Design, CEI Phases where a consultant is being hired. A given
project may have multiple evaluations for multiple consultant procurement phases. If planning, design,
and/or CEI is being performed in-house,this section would not apply to that particular phase.)
Select One 1) The Agency's staff promptly replied to Department requests for information and provided
project information in a timely manner.
1 The Agency's staff were difficult to contact, taking two weeks or more to provide
requested information and/or requiring numerous follow-up requests from the
Department.
2 The Agency's staff provided requested information in less than a week and/or with one
follow-up request
3 The Agency's staff provided requested information within 72 hours without additional
follow-up needed.
N/A Not applicable(No requests for information from the Department to the Agency.)
Select One 2) The Agency's draft RFQ/RFP contained all federal and state requirements. (Tied to LAP
Professional Services Checklist: Required Forms, Compliance with State and Federal
Contracting Requirements, and Disadvantaged Business Enterprise (DBE)and Bid
Opportunity List)
1 The Agency's RFQ/RFP was missing three or more of the required items and/or multiple
revisions of the document were required.
2 The Agency's RFQ/RFP was missing less than three of the required items and only one
revision of the document was required.
3 The Agency's RFQ/RFP contained all federal and state requirements upon initial review.
No revisions were required.
Select One 3) The Agency provided all addenda for the Department's concurrence prior to issuance. (Tied
to LAP Manual, Chapter 21 Construction Advertising and Award Procedures)
1 The Agency issued addenda without requesting concurrence.
2 The Agency obtained concurrence prior to issuing addenda, but only after being
prompted by the Department.
3 The Agency submitted request for concurrence prior to issuance.
N/A Not Applicable(No addenda issued.)
Select One 4) The Agency submitted a minimum of three shortlisted firms to FDOT for review based on
qualifications review and score. Sufficient supporting documentation was provided. (Tied to
LAP Professional Services Checklist:Shortlist)
1 The Agency submitted fewer than three shortlisted firms without prior coordination
with the Department.
2 The Agency submitted at least three shortlisted firms but required follow-up for
sufficient supporting documentation.
3 The Agency submitted at least three shortlisted firms with sufficient supporting
documentation.
Page 1 of 12
LAP Performance Evaluation
January 2016
Select One S) The Agency provided an independent in-house staff hour estimate to the Department prior
to negotiations. (Tied to LAP Professional Services Checklist: Independent Staff Hour
Estimates)
1 The Agency did not provide on independent in-house staff hour estimate prior to
negotiations.
2 The Agency provided an independent in-house staff hour estimate prior to negotiations
after Department follow-up.
3 The Agency provided an independent in-house staff hour estimate prior to negotiations
without Department follow-up.
Select One 6) The Agency's draft contract contained all federal and state requirements. (Note.: Each item
under Requirement 6 is considered a separate requirement. (Tied to LAP Professional
Services Checklist: Required Forms, Compliance with State and Federal Contracting
Requirements,and Disadvantaged Business Enterprise(DBE) and Bid Opportunity List))
1 The Agency's draft contract was missing three or more of the required items and/or
multiple revisions of the document were required.
2 The Agency's draft contract was missing less than three of the required items and
minimal revisions of the document were required.
3 The Agency's draft contract contained all federal and state requirements upon initial
review. No revisions were required.
Select One 7) The Agency uploaded required Professional Services related documents into LAPIT.
Required documents include: advertisement, shortlist and scoring sheets, man-hour
estimate, proof of negotiations,federal forms,executed copy of the professional services
agreement, and Professional Services Checklist.
1 The Agency did not utilize LAPIT and/or required constant follow-up from the
Department to use LAPIT.
2 The Agency utilized LAPIT and entered documents with minimal prompting by the
Department.
3 The Agency utilized LAPIT and entered documents and data without prompts by the
Department.
Select One 8) The Agency set-up the "Local Agency Contract"for the consultant in LAPIT prior to the start
of the project.
1 The Agency never set-up a "Local Agency Contract"in LAPIT and/or set-up after project
startfollowing constant follow-up from the Department.
2 The Agency set-up the "Local Agency Contract"in LAPIT, prior to the start of the project
with minimal follow-up from the Department.
3 The Agency set-up the "Local Agency Contract"in LAPIT prior to the start of the project
without follow-up from the Department.
Total 0
Count 0
Average NaN
Page 2 of 12
LAP Performance Evaluation
January 2016
Professional
Services
Comments
Page 3 of 12
LAP Performance Evaluation
January 2016
Design Phase
Select One 1) The Agency's Responsible Charge was identified at the beginning of the phase. (Tied to LAP
Agreement and LAP Manual Chapter 2—Local Agency Program Certification and
Performance Management)
1 The Agency failed to identify the responsible charge for the phase.
2 The Agency's responsible charge for the phased was identified once requested by the
Department.
3 The Agency proactively identified the responsible charge for the phase and provided to
the Department.
Select One 2) The Agency's staff promptly replied to Department requests for information and provided
project information in a timely manner.
1 The Agency's staff were difficult to contact, taking two weeks or more to provide
requested information and/or requiring numerous follow-up requests from the
Department.
2 The Agency's staff provided requested information in less than a week and/or with one
follow-up request.
3 The Agency's staff provided requested information in less than 72 hours without
additional follow-up needed.
N/A Not applicable(No requests for information from the Department to the Agency.)
Select One 3) The Agency submitted change orders for concurrence prior to implementation of the change
and backup was detailed enough to support the changes and identified eligible costs. (Tied
to LAP Agreement)
1 The Agency did not request concurrence with change orders prior to implementation or
backup was significantly insufficient to support the changes and/or eligible costs.
2 The Agency requested concurrence with change orders prior to implementation and few
revisions were needed to the backup documentation.
3 The Agency requested concurrence with change orders prior to implementation and no
revisions were required.
N/A Not Applicable(No change orders issued.)
Select One 4) The Agency submitted invoices at least quarterly, beginning from the day the NTP was
issued.Any delays in invoicing were communicated to the Department. (Tied to LAP
Agreement)
1 The Agency did not submit invoices on a quarterly basis and did not communicate any
reason for the delay to the Department. The Agency required constant follow-up from
the Department.
2 The Agency submitted invoices at least quarterly
3 The Agency submitted invoices more frequent than quarterly.
Select One 5) The Agency submitted invoices supported by proper documentation. (i.e. executed payrolls,
time records, invoices, contracts or vouchers)Supporting documentation established that
the deliverables were received and accepted in writing by the Agency. (Tied to LAP
Agreement)
Page 4 of 12
LAP Performance Evaluation
January 2016
1 The Agency consistently submitted incomplete and/or unsupported invoices.
2 The Agency submitted complete invoices and required minimal follow-up from the
Department for clarification.
3 The Agency consistently submitted invoices that required no follow-up from the
Department.
Select One 6) The Agency submitted updated project schedules when requested. Any delays in providing
requested information were communicated to the Department.
1 The Agency did not submit updated project schedules when requested and did not
communicate the reason for the delay to the Department.
2 The Agency submitted updated project schedules when requested, and any delays were
communicated to the Department.
3 The Agency submitted updated project schedules when requested without exception.
N/A Not Applicable(No updates to project schedule.)
Select One 7) The Agency worked with the Department to identify& resolve all potential right of way
issues prior to construction.
1 The Agency did not identify potential right of way issues prior to construction
commencing.
2 The Agency identified potential right of way issues prior to construction commencing,
but after LAP agreement execution.
3 The Agency identified and resolved all potential right of way issues prior to LAP
agreement execution.
N/A Not Applicable(No right of way issues.)
select one 8) The Agency submitted phase reviews into the Department's Electronic Review Comments
(ERC)system.The Agency responded to all comments within the given submittal deadline.
1 The Agency did not submit phase reviews into the Department's ERC system and/or did
not respond to comments within the given submittal deadline.
2 The Agency submitted phase reviews into the Department's ERC system and responded
to comments with minimal follow-up from the Department.
3 The Agency submitted phase reviews into the Department's ERC system and responded
to comments without follow-up from the Department.
Select One 9) The Agency uploaded required design documents into LAPIT. Required documents include:
plans, engineer's estimate,field notes, Proprietary Products Certification form, Utility and
Railroad certifications, and other relevant design documents
1 The Agency did not utilize LAPIT and/or required constant follow-up from the
Department to use LAPIT.
2 The Agency utilized LAPIT and entered documents with minimal prompting by the
Department.
3 The Agency utilized LAPIT and entered documents and data without prompts by the
Department.
Page 5 of 12
LAP Performance Evaluation
January 2016
Select One 10) The Agency completed the project prior to the expiration of the LAP Agreement or
requested a reasonable time extension. (Tied to LAP Agreement)
1 The Agency did not complete the project prior to agreement expiration. Delays to the
schedule were not communicated to the Department. The Agency did not proactively
request a time extension.
2 The Agency did not complete the project prior to the original agreement expiration, but
communicated delays to the Department and proactively requested a time extension.
3 The Agency completed the project prior to agreement expiration.
Select One 11) The agency submitted final invoices within 120 days of project completion as required by the
LAP Agreement.The Department was notified by the Agency of any delays in submitting the
final invoice. (Tied to LAP Agreement)
1 The Agency took more than 120 days to submit the final invoice, without notifying the
Department of the delay or having justifiable cause.
2 The Agency took more than 120 days to submit,the final invoice, but notified the
Department of a justifiable cause.
3 The Agency took less than 120 days to submit the final invoice.
Total 0
Count 0
Average NaN
Design Phase
Comments
Page 6 of 12
LAP Performance Evaluation
January 2016
Construction Advertisement and Award
Select One 1) The Agency's staff promptly replied to Department requests for information and provided
project information in a timely manner.
1 The Agency's staff were difficult to contact, taking two weeks or more to provide
requested information and/or requiring numerous follow-up requests from the
Department.
2 The Agency's staff provided requested information in less than a week and/or with one
follow-up request.
3 The Agency's staff provided requested information in less than 72 hours without
additional follow-up needed.
N/A Not applicable(No requests for information from the Department to the Agency.)
Select One 2) The Agency's draft bid package and contract contained all federal and state requirements.
(Tied to Construction checklist)
1 The Agency's draft bid package and contract were missing six or more of the required
items and/or multiple revisions of the document were required.
2 The Agency's draft bid package and contract were missing no more than five of the
required items and only one revision of the document was required.
3 The Agency's draft bid package and contract contained all federal and state
requirements upon initial review. No revisions were required.
Select One 3) The Agency advertised the project within thirty(30)days of the date the Department issued
the Construction Notice to Proceed. If the project was not able to meet the scheduled
advertisement,the Department was notified. (Tied to LAP Agreement)
1 The Agency did not advertise within 30 days of the date the Department issued the NTP.
Delays to the schedule were not communicated to the Department.Actual construction
award was more than one month off from original schedule without justification.
2 The Agency did not advertise within 30 days of the date the Department issued the NTP
and/or experienced delays in the bid award schedule, but communicated delays to the
Department.
3 The Agency advertised within 30 days of the date the Department issued the NTP and
experienced no delays in the bid award schedule.
Select One 4) The Agency provided all addenda for the Department's concurrence prior to issuance. (Tied
to LAP Manual, Chapter 21 Construction Advertising and Award Procedures)
1 The Agency issued addenda without requesting concurrence.
2 The Agency obtained concurrence prior to issuing addenda, but only after being
prompted by the Department.
3 The Agency submitted request for concurrence prior to issuance.
N/A Not Applicable(No addenda issued.)
Page 7 of 12
LAP Performance Evaluation
January 2016
Select One S) The Agency provided a request for Department concurrence to award the project to the
lowest responsive bidder.The Agency provided a bid tabulation and bid analysis (or other
supporting documentation in the case of design/build projects). (Tied to LAP Manual,
Chapter 21 Construction Advertising and Award Procedures)
1 The Agency did not request concurrence, or the Department had to prompt the agency
for the request and associated documents multiple times.
2 The Agency requested concurrence and supplied all documents. Department had to
request additional information to supplement the information provided.
3 The Agency requested concurrence and supplied all supporting documents without
Department prompting. Documents supplied were sufficient and no additional
information was needed to provide concurrence.
Select One 6) The Agency's submitted a final contract containing all federal and state requirements prior
to contract execution. (Tied to Construction checklist)
1 The Agency's did not submit a final contract to the Department prior to contract
execution.
2 The Agency's submitted a final contract to the Department prior to contract execution,
but federal and/or state requirements were missing and a revision of the document was
required.
3 The Agency's submitted a final contract containing all federal and state requirements to
the Department prior to contract execution.
Select One 7) The Agency uploaded required construction advertisement and award documents into
LAPIT. Required documents include: bid tabulation, bid analysis, executed contract.
1 The Agency did not utilize LAPIT and/or required constant follow-up from the
Department to use LAPIT.
2 The Agency utilized LAPIT and entered documents with minimal prompting by the
Department.
3 The Agency utilized LAPIT and entered documents and data without prompts by the
Department.
Total 0
Count 0
Average NaN
Construction
Adverstisement
and Award
Comments
Page 8 of 12
IAP Performance Evaluation
January 2016
Construction Phase
Select one 1) The Agency's Responsible Charge was identified at the beginning of the phase. (Tied to LAP
Agreement and LAP Manual Chapter 2—Local Agency Program Certification and
Performance Management)
1 The Agency failed to identify the responsible charge for the phase.
2 The Agency's responsible charge for the phase) was identified once requested by the
Department.
3 The Agency proactively identified the responsible charge for the phase and provided to
the Department.
Select One 2) The Agency's staff promptly replied to Department requests for information and provided
project information in a timely manner.
1 The Agency's staff were difficult to contact, taking two weeks or more to provide
requested information and/or requiring numerous follow-up requests from the
Department.
2 The Agency's staff provided requested information in less than a week and/or with one
follow-up request.
3 The Agency's staff provided requested information in less than 72 hours without
additional follow-up needed.
N/A Not applicable(No requests for information from the Department to the Agency.)
Select One 3) The Agency set-up the"Local Agency Contract" in LAPIT prior to the pre-construction
meeting.
1 The Agency never set-up a "Local Agency Contract"in LAPIT and/or set-up after the pre-
construction meeting following constant follow-up from the Department.
2 The Agency set-up the "Local Agency Contract"in LAPIT, prior to the pre-construction
meeting with minimal follow-up from the Department.
3 The Agency set-up the "Local Agency Contract"in LAPIT prior to the pre-construction
meeting without follow-up from the Department.
select one 4) The Agency notified and invited the Department to the pre-construction meeting.
1 The Agency did not notify and invite the Department to the pre-construction meeting.
2 The Agency notified and invited the Department to the pre-construction meeting.
3 The Agency notified and invited the Department to the pre-construction meeting two
weeks(10 business day)or more prior to the meeting.
Select One 5) The Agency submitted change orders for concurrence prior to implementation of the change
and backup was detailed enough to support the changes and identified eligible costs. (Tied
to LAP Agreement)
1 The Agency did not request concurrence with change orders prior to implementation or
backup was significantly insufficient to support the changes and/or eligible costs.
2 The Agency requested concurrence with change orders prior to implementation and few
revisions were needed to the backup documentation.
Page 9 of 12
LAP Performance Evaluation
January 2016
3 The Agency requested concurrence with change orders prior to implementation and no
revisions were required.
N/A Not Applicable(No change orders issued.)
Select One 6) The Agency submitted invoices at least quarterly, beginning from the day the NTP was
issued.Any delays in invoicing were communicated to the Department. (Tied to LAP
Agreement)
1 The Agency did not submit invoices on a quarterly.basis and did not communicate any
reason for the delay to the Department. The Agency required constant follow-up from
the Department.
2 The Agency submitted invoices at least quarterly
3 The Agency submitted invoices more frequent than quarterly.
Select One 7) The Agency submitted invoices supported by proper documentation. (i.e. executed payrolls,
time records, invoices, contracts or vouchers)Supporting documentation established that
the deliverables were received and accepted in writing by the Agency. (Tied to LAP
Agreement)
1 The Agency consistently submitted incomplete and/or unsupported invoices.
2 The Agency submitted complete invoices and required minimal follow-up from the
Department for clarification.
3 The Agency consistently submitted invoices that required no follow-up from the
Department
Select One 8) The Agency submitted updated project schedules when requested. Any delays in providing
requested information were communicated to the Department.
1 The Agency did not submit updated project schedules when requested and did not
communicate the reason for the delay to the Department.
2 The Agency submitted updated project schedules when requested, and any delays were
communicated to the Department.
3 The Agency submitted updated project schedules when requested without exception.
N/A Not Applicable(No updates to project schedule.)
Select One 9) The Agency completed all materials testing requirements at the time of Final Acceptance.
1 The Agency did not complete the materials testing prior to the completion of the
project.
2 The Agency completed most materials testing requirements, but provided corrective
actions to remedy the tests'that were not performed.
3 The Agency complied with all materials testing requirements.
Select One 10) The project was constructed as planned and no major delays occurred due to field changes.
1 Not constructed as planned, resulting in major project delays.
2 Project was constructed as planned, with minimal changes and/or delays required.
3 Project was constructed as planned, no delays to project.
Page 10 of 12
LAP Performance Evaluation
January 2016
Select One 11) The Agency uploaded required construction documents into LAPIT. Required documents
include: pre-construction meeting minutes, progress meetings, change orders,
certifications, materials testing, and other relevant construction documents.
1 The Agency did not utilize LAPIT and/or required constant follow-up from the
Department to use LAPIT.
2 The Agency utilized LAPIT and entered documents with minimal prompting by the
Department.
3 The Agency utilized LAPIT and entered documents and data without prompts by the
Department.
Select One 12) The Agency completed the project prior to the expiration of the LAP Agreement or
requested a reasonable time extension. (Tied to LAP Agreement)
1 The Agency did not complete the project prior to agreement expiration. Delays to the
schedule were not communicated to the Department. The Agency did not proactively
request a time extension.
2 The Agency did not complete the project prior to the original agreement expiration, but
communicated delays to the Department and proactively requested a time extension.
3 The Agency completed the project prior to agreement expiration.
Select One 13) The Agency's Construction Contract Compliance Administration was successfully managed in
accordance with the federal requirements. Project could be closed out within 120 days of
project completion.The Department was notified by the Agency of any delays in
Construction Contract Compliance Administration.
1 The Agency's Construction Contract Compliance Administration was not successfully
managed, and the project could not be closed out within 120 days of project
completion.
2 The Agency's Construction Contract Compliance Administration delayed project close
out beyond 120 days of project completion, but the Agency notified the Department of
a justifiable delay.
3 The Agency's Construction Contract Compliance Administration was completed such
that the Project could be closed out within 120 days of project completion.
Select One 14) The Agency's project close out documents were completed and submitted to the
Department within 120 days of project completion.The Department was notified by the
Agency of any delays in Construction Contract Compliance Administration.
1 Agency took more than 120 days to submit the project close out documents, without
notifying the Department of the delay or having justifiable cause.
2 Agency took more than 120 days to submit the project close out documents, but
notified the Department of a justifiable delay.
3 Agency took less than 120 days submit the project close out documents.
Page 11 of 12
LAP Performance Evaluation
January 2016
Select One 15) The agency submitted final invoices within 120 days of project completion as required by the
LAP Agreement.The Department was notified by the Agency of any delays in submitting the
final invoice. (Tied to LAP Agreement)
1 The Agency took more than 120 days to submit the final invoice, without notifying the
Department of the delay or having justifiable cause.
2 The Agency took more than 120 days to submit the final invoice, but notified the
Department of a justifiable cause.
3 The Agency took less than 120 days to submit the final invoice.
Total 0
Count 0
Average NaN
Construction
Phase
Comments
Performance Evaluation Scoring
Total 0
Count 0
Average NaN
Page 12 of 12
FUUT
rT-
Florida Department of Transportation
RICK SCOTT 3400 West Commercial Blvd. JIM BOXOLD
GOVERNOR Fort Lauderdale. FL 33309 SECRETARY
September 23, 2016
Mr James Ennis, PE PMP
County Engineer
Indian River County
1801 271h Street, Building A
Vero Beach, FL 32960
SUBJECT: NOTICE TO PROCEED FOR CONSTRUCTION
FM No. 431725-2-58/68-01 CFDA#20.205
County: Indian River County
Contract No G-OF05
Description 43rd Ave from Aviation Blvd to Airport Dr West
Agency- Indian River County
Project Class D, Type II
Dear Mr Ennis-
Indian River County is hereby notified of this Notice to Proceed for Construction and CEI for the subject
project. The total amount of federal funds authorized is $569,763.00
Please note this project must be advertised within 30 days of this Notice to Proceed (NTP) and Awarded to
a contractor within three (3) months of this NTP_ Please provide a notice of the preconstruction meeting
to: Ms Chloann Lawrence, FDOT District 4 Treasure Coast Operation Center, 3601 Oleander Avenue, Ft.
Pierce, FL 34982
Please remember the County must receive bid concurrence from the Department prior to awarding to the
lowest responsible bidder/contractor The County must also receive a Professional Services Contract
Concurrence Letter from the Department prior to executing the consultant agreement to the selected CEI
firm
In order to be eligible for reimbursement by the Department/FHWA, the County must comply with all
applicable procedures, standards, and directives as described in the Department's Local Agency Program
(LAP) Manual All changes must be submitted to the District in writing for approval prior to
implementation.
For reimbursement from the Department, please provide two (2) original invoices with back up material
including copies of cancelled checks issued by the County to the contractor/consultant. Progressive
invoicing is REQUIRED: it is the County's responsibility to ensure the contractor is invoicing, and the
County, in turn, is regularly invoicing the Department.
www.dot.state.fl.us
Page 2 of 2
FM No 431725-2-58/68-01
Date September 23, 2016
This project was authorized by the Federal Highway Administration in September 2016 The District
expects to receive invoicing materials by March 2017. Should billing not occur, FHWA will consider the
project inactive and will move toward de-obligating the funding
Please be advised that this contract will expire on December 31, 2018, and any costs incurred after the
contract expiration date are not eligible for reimbursement. If you anticipate the project will not be completed
prior to the expiration date, a request for a time extension will need to be submitted to the Department for
consideration This request needs to be submitted a minimum of ninety (90) days prior to the expiration
date
Please provide the Department a copy of the Agency Audit Report each year during the life of the project.
Send this report directly to the following address as referenced in page 6 of the LAP agreement.
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit andot.state.fl.us
After the project is completed please provide a signed original copy of the Final Inspection and Acceptance
of Federal-Aid Project, Form 700-010-32 and Material Certification Letter as shown in the LAP Manual
Chapter 23 Send this information to Ms Chloann Lawrence, FDOT District 4 Treasure Coast Operation
Center, 3601 Oleander Avenue, Fort Pierce, FL. 34982.
In compliance with Chapter 3 of the LAP Manual, Performance Management, your Agency's performance
on this project will be rated on several aspects. The evaluation form is attached for your information
Should you have any questions, please call Carlos Lemus, LAP Program Coordinator, at (954) 777-4522
or email at Carlos.Lem us(a)dot.state.fl.us .
Sincerely, I� '• _`
rte`
Christine M iska
Local Program Administrator
Florida Department of Transportation
District Four
Cc: James Ennis
Deborah Ihsan
Chloann Lawrence
Mayur Patel
Aaron Watt
Cassandra Lamey
Lisa Tamayo-Smith
Financial Services
File