HomeMy WebLinkAboutFDOT - LAP Agreement 2-17-15STATE OF FLORIDA DEPARTMEN°1" OF TRANSPORTAI ION 525-010-40
LOCAL ;� 'T
SPECIFICATIONSTIAND
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4349'72-1-58-01
Federal No: 4
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Vendor No: F590-974-636-001
Catalog of Federal Domesticaa... Construction
AGREEMENT,THIS .red into this day of by and between the STATE
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OF FLORIDA DEPARTMENT OF TRANSPORTkTION, an agency of the a e of Florida, hereinafter called the
i the CITY OF CAPE♦ i i Cqp��qnaveral Florida3Z920 hereinaftercalled the
Agency.
DepartmentWHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the been granted the authority to functionadequately #jurisdiction including
the implementation of a`i and balanced transportationand is authorized . ..ction 33iFlorida
Statutes, to enter into this Agreement;
NOW. THEREFORE. in in of i
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STATE OF FLORIDA DEPARTMENT OF TRANSPORIA1 ION 525-01040
SPECIFICATIONS AND
I OCAL AGENCY PROGRAM AGREEMENT ES FIMATES
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Department, if the removal is related to Fl -MA'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.
Removal of All Funds
If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the
Agency, and the Project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Agency. No state funds can be used on off -system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the Project on or before 2 veers from the Agreement°s
execution date. If the Agency does not complete the Project within this time period, this Agreement will expire on the last
day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the
Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement
will be considered termination of the Project. The cost of any work performed after the expiration date of this Agreement
will not be reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
to undertake the Project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the Project.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the Project as the Department and the Federal
Highway Administration (FHWA) may require. The Agency shall use the Department's Local Agency Program Information
Tool and applicable information systems as required.
3.00 Project Cost:
3.01 Total Cost: The total cost of the Project is $ 3,477 .000..DQ. This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: 'The Department agrees to participate in the Project cost to the extent provided in
Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal -aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible Project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the Project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the Project scope and budget at the time appropriation authority becomes available,
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
STATE orFLORIDA DEPARTmENI OF TRANSPORTATION 525-010-40
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reimborsenent if incurred prior tofunds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
1m) The Department, during any fiscal year, shall riot expend money, incur any liability, orenter into any
contract vvhkzh, by its tenns, 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 isnull and void, and nomoney may bepaid Vnsuch contract. The Department shall require a
statement from the comptroller ofthe Department that funds are available prior toentering 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 mo mode shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have o berm fore period ofmore than 1 year."
3.06 Notice -to -Proceed: No cost may beincurred under this Agreement until the Agency has received a written Notice -
to -Proceed (NTP) from the Department. The Agency agrees to advertise or put the Projectout hobid thirty (30)days from
the date the Department issues the NTP to advertise the Project. {fthe Agency is not able to meet the scheduled
advertisement, the District LAP Administrator should be notified as soon as possible.
3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State |awo, 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 ofFHVVA. Federal funds ohoU not be paid
on account ofany cost incurred prior to authorization by the FHVVAhm the Department to proceed with the Project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). |fFHVVAorthe Department determines that any amount claimed is not
eligible, federal participation may be approved inthe amount determined tobeadequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
VVhena correctable non-compliance with provisions of |avv or FHVVA requirements eximts. Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHVVAorthe Department may deny participation
in parcel VrProject costs in part orin total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all Such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule. Prior to the execution ofthis Agreement, a Project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding. carry out the Project, and shall incur obligations against and make disbursements of Project funds only in
conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by
execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and
agrees that funding for this project maybensdumadupondeterminationPfthe agency's contract award amount. |frevised,
a copy ofthe Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease
shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the
Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5years after the fina|payment ismade. Copies ofthese documents and records shall befurnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project
reoords, together with supporting documents and records ofthe Agency and all subcontractors performing work on the
Project and all other records of the Agency and subcontractors considered necessary by the Department for a proper
audit of costs. If any |itigatiun, claim or audit is started before the expiration of the S -year period, the records shall be
retained until all litigation, claims or audit findings involving the records have been resolved.
STATE OF FLORIDA DEPARTMEN f OF FRANSPORIATION 525-010-40
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5.02 Costs Incurred for Project: The Agency shall charge to the Project account all eligible costs of the Project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits
by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Department's Office of Inspector General (OIG),
and the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. Exhibit "ll" of this Agreement indicates federal resources awarded through the Department by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department. The determination of amounts of
federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part 1, paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A 133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number',
award number and year, and name of the awarding federal agency.
Part 11 State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (1), Florida
Statutes) are to have audits done annually using the following criteria:
11. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a state single or project -specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
STATE OF FLORIDA DT: PAR TMENT' OF' 'T 525-010-40
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organizations), Rules of the Auditor General. Exhibit "11" to this Agreement indicates state -financial assistance
awarded through the Department by this Agreement. in determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department, other state agencies, and other non -state entities. State financial assistance does
riot include federal direct or pass-through awards and resources received by a non -state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award
number and year, and name of the state agency awarding
Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings is required. Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the
�i.ispute is resolved. Access to Project records and audit work papers shall be given to the Department, the Department of
Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
#Ies o-- -[Ing fac&a-fVb—rUf_CT
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular
133, as revised, by or on behalf of the recipient directly to each of the following: i
a) The Department at each of the following address(es):
Florida Department of Transportation
Office of Comptroller, IVIS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDO"'I'Sil U @
EppiaogkA dit dot.stateftus
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address:
61mmmamnamMIMT, MM
Bureau of the Census
1201 East 1 oth Street
Jeffersonville, IN 47132
c) Other federal agencies and pass through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
s-rATE OF FLORIDA DEPAR FIVIENTOFTRANSPORTATION 525-010-40
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pursuant to Section .320 (e)(2), OMB Circular A-.133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards dirt; ftp to each of the following:
_qL
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email:
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Florida Department of Transportation
*ffice of Comptroller, MS 24
$05 Suwannee Street
Tallahassee, Florida 32399-0405
Email: ='_Dol S�i u.dit@dgj,��!gte.fl.us
3. Copies of the financial reporting package required by Part 11 of this Agreement shall be submitted by or on behalf
of the recipo each of the following:
a) The Department at each of the following address(es):
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email:
b) The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Talla�assee, Florida 32399-145
4. Copies of reports or the Management I etter required by Part III of this Agreement shall be submitted by or on
behalf of the recipient dLiregtyl to:
a) The Department at each of the following address(es):
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: RD01 Sine IeAudit a deLstate.fll,us
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapter's 10.550 (local governmental entities) or 10.650 (nonprofit and for profit organizations),
Rules of the Auditor General, as applicable,
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A.-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for
STATE OF FLORIDA DEPAf:Z'IMENTOF"6FIANSPOR]Ar ION 525-010-40
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pro -fit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the -financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or, Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection. The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the Project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes) unless the records are exempt.
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3 -"Travel" of the Department's Disbursement O eratioas Manual, Topic 350-030-400 (Section 287.058(1)(b),
Florida Statutes).
If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
'7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the Project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
hereto;
'7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the Project which, under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
SFAI-E OF FLORIDA DEPARPMENT OF TRANSPORTATION 525-010-40
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"7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
1M7.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: 'The Department may suspend or terminate payment for that portion of the Project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all Projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for
the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
'7.08 Final Invoices: The Agency must submit the final invoice on the Project to the Department within 120 days after the
completion of the Project. Invoices submitted after the 120 -day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
(a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the
Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such
notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the
deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement
as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the
deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting
the deficiency.
(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing,
with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be
terminated.
(c) If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the
Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the
equivalent percentage of the contract price. All work in progress will become the property of the Department and will be
turned over promptly by the Agency.
8.02 Action Subsequent to Notice-of-Termi nation or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities
and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of
which the financing is to be computed; (b) furnish a statement of the Project activities and contracts and other
undertakings the cost of which are otherwise includable as Project costs. The termination or Suspension shall be carried
out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and
conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a
reasonable time. The closing out of federal financial participation in the Project shall not constitute a waiver of any claim
which the Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
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9.0-1 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any mariner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the Project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department,,
"The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency shall certify to the
Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the
Agency agrees that:
(a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must
include the following assurance:
"The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of
49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to
ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE
program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in
this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its
approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.)."
(b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
"The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R.
Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate."
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
11.01 Performance Evaluation: Agencies are evaluated on a project -by -project basis. 'The evaluations provide
erxr OFF[ OR/c*ospxxrwswrorrn^wopoennnw 525-010-40
��nmn�mw
L��C���AGENCY PROGRAM AGREEMENT sST/wme
nac-m/14
Page m
inhznmsdk»n about oversight needs and provide input for the recertification process, Evaluations are submitted to the
Agency's Responsible Charge or designee as part of the Project closeout process, The Department provides the
evaluation tothe Agency nomore than 30days after final acceptance.
11,02 Performance Evaluation Rs¢|mgs: Each evaluation will result in one of three ratings., A rating of Unsatisfactory
Performancemeons the Agency failed todevelop the Project inaccordance with applicable federal and state regulations,
standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the
Department. Arating ofSatisfactory Performance means the Agency developed the Project inaccordance with applicable
federal and state regu|ationm, standards and procedures, with minimal District involvement/oversight. A rating of Above
Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state
nagu|ationa, standards and prnomdun*w. without District involvement/oversight.
11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that
continuously earn Satisfactory and Above Satisfactory evaluations.
12.00 Restdct1ons, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the marrying out of any project. the Agency shall not
discriminate against any employee orapplicant for employment because ofrace, aOe, ne|igion, co|Vr, oex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, Qender, national origin,
disability or marital status. Such action shall inc|ude, but not be limited to, the following: employment upgrmding, demotion
or transfer; recruitment or recruitment advertising; layoff ortermination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only tnshow the
particular contractual relationship in all its contracts in connection with the development of operation of the Project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subnontnada, except subcontracts for standard commercial supplies or mavv materials. When the project
involves inata||otion, construction, demo|ihon, remova|, site improvement or similar work. the Agency shall poat, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions ofthe nondiscrimination clause.
12.A2Title VW —C|w|l Rights Act of 1964: The Agency will comply with all the requirements imposed by Title V| of the
Civil Rights Act of 1984, the regulations of the U.S. Department of Transportation issued theneunder, and the assurance
bythe Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title V| of the Civil
Rights Act of1084. 49C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Cdrne: Aperson oraffiliate who has been placed onthe convicted vendor list following aconviction
fora public entity crime may not submit a bid on a contract to provide any goods or mmn/ioem to a public entity; may not
submit a bid on o contract with m 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 oontraotor, aupp|ier,
subcontractor orconsultant under acontract 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 ofbeing placed unthe convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List' kept by the Florida Department of Management Services, may not submit o bid on a
contract to provide goods or services to a public entity; may not submit bid on m contract with a public entity for the
construction or repair ofa public building or public work; may not submit bids on |eouas of real property to a public entity;
may not be awarded or perform work as a oontractor, supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity.
S I ATE OF FLORIOADEPAR1 MEN OF TRANSPORTATION 525-01040
LOCAL AGENCY PROGRAM AGREEMEN"I" ESTIMSPECIFICA I IONS AND
ATES
OGG - 10/14
Page 11
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor, Non-esponslbillty: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in
the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to
be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 Interest of Members of, or Delegates to, Congress- No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions -
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to 'Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity riot a party to this Agreement.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall riot be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid arid, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the Project.
STAIE OF FLORIDA DEPAUMENT OF TRANSPORTAFION 525-010-40
S
SPECIFICA"rIONS AND
LOCAL AGENCY PROGRAM AGREEMENT EsTiMATES
OGC- 10/14
Page 12
13.07 Plans and Specifications- In the event that this Agreement involves constructing and equipping of facilities, the
Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. 'The
Department will review all plans and specifications and will issue to the Agency a written approval with any approved
portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate.
After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to
the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient
cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and
subcontracts.
13.08 Right -of -Way Certification: Upon completion of right-of-way activities on the Project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the Project, including if no right-of-way is required.
13.09 Agency Certification- The Agency will certify in writing, prior to Project closeout that the Project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the Project is accepted by the Agency as suitable for the intended purpose.
13.10 Agreement Format. All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.11 Execution of Agreement- This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the
same instrument.
13.12 Restrictions on Lobbying.
Federal. The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvernent on Department right. -of -way, the Agency VA will [] will not
maintain the improvements made for their useful life.
13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
STATE: OF FLORIDA DEPARTMENTOF TRANSPORTATION 525-01040
SPECIFICA-rIONS AND
LOCAL AGENCY PROGRAM AGREEMEW ESTIMATES
OGG 10/14
Page 13
If a payment is riot available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3) (b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will riot be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services, The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850-413-5516.
13.15 Reimbursement of Federal Funds:
'The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review
conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were
not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment
to the Department of all funds awarded under the terms of this Agreement.
amrMaWN1
The Agency:
1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all
new employees hired by Agency during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to
likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of
all new employees hired by the subcontractor during the contract term.
SIAI E OF: FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
SPECIFICATIONS AND
LOCA1 AGENCY PROGRAM AGREEMENT ESTIMATES
OGG - 10/14
Page 14
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY : CITY OF CAPE CANAVERAL STATE OF FI-ORIDA DEPAR I-MENTOFTRANSPORTATION
By: 0i;t-,!4 'T U.
......... ... ... C
Name: Z",,b
Title:
Attest:
Title:
M
J,10'Dea, P.E.
of Transportation Development
% R A A , ;?, e
KHMM F.-HU40*113=1
i6n,ex
ng approal by Corriptroller.
ST ATE OF FLORIDA DEPARFIVIENT OF TRANSPORTATION
I OCAL AGENCY PROGRAM AGREEMENT
PROJECT DESCRIPTION AND RESPONSIBILITIES
525-010-40
PROJECT MANAGEMENT- OFFICE
08/06
Page 15
FPN: 434972-1.-58/68-01
. .. . ................ .............. _.— . ..........
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
The City of_Cape Canaveral Box 32.6 Ca Canaveral Florida 32920 ........................................................................................... — - — — ______ - - - - - -
ae
PROJECT LOCATION:
The project X is ._ is not on the National Highway System.
The project _ is X is not on the State Highway System.
This project is for improvements to North Atlantic Avenue (CR 401) in the City of Cape Canaveral. The limits of the project
are from the intersection of George King Boulevard to the intersection of Astronaut Boulevard (SR A1A) for a total of
approximately 1.231 miles in length. The project includes the construction of current ADA compliant concrete sidewalks,
asphalt pedways and curb cut ramps, decorative brick paver crosswalks, asphalt repair, bioretention swales, concrete and
asphalt driveway aprons, drainage improvements that tie to existing local system, Type "F" curb and gutter, Miami curb
and gutter, environmental curb, decorative signing, pavement markings, decorative lighting, signalization, bus shelters,
landscaping, irrigation, various utility relocates and reclaimed water.
NoU:ggq!2jggtin g_ft2p]§_1U2[Ud2:
Decorative Brick Paver Crosswalks
Decorative Street Lighting
Decorative Street Signs
Reclaimed Water Lines
Bus Shelters
'The project funding may be reduced based on the award amount arid/or the actual contract costs.
Invoices shall be submitted on a rrionthly_b !§.is and Progress Reports shall be submitted as re(Luested to:
.......... _ _ _
law
Florida Department of Transportation
'719 South Woodland Boulevard, MS 3-506
DeLand, Florida 32720
"The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
S TA rE OF FLORIDA DEPARTMENT OF FRANSPORTATION
III,,,,,0CAIL. AGENCY PROGRAM AGREEMENT
0 = 11 A ya M
PROJECT DESCRIPTION AND RESPONSIBILITIES
525-010-40
PROJECT MANAGEMENT OFFICE
08/06
Page 16
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
b) Design to be completed by . .......... _.
c) Right -of -Way requirements identified and provided to the Department by
d) Right -of -Way to be certified by
e) Construction contract to be let by 12/31/2014
f) Construction to be completed by_ 1/14/2016
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:
A portion of the project is on the National Highway System. 'Therefore, both Construction and CEI must be completed
using a Pre -Qualified consultant. The project is also on the Federal Aid System, which requires the use of Davis Bacon
Wage Rates throughout Construction.
Invoice payments will be made on a pro -rata basis as a percentage of the federal funding amount compared to the actual
award amount.
NIUMMMACTINS
' /� , ' ,!s
SCHEDULE OF FUNDING
AGENCY NAfdI &BILLING ADDRESS S I PN:
City of Cape Canaveral 434972-1-5€3/68 01
P.O. Box 326
Cape Canaveral, Florida 32920
PROJECT DESCRIPTION
525-010-40
PRODUCTION SUPPORT
09/11
Page 17
Name: North Atlantic Avenue Streetscape _�_______________ _ ____—____________________________..__. Length: �1 23,1 rrriles____
Termini: from the Intersection of George King Boulevard to the Intersection of Astronaut Boulevard (SR A1A)
FUNDING
(1}
(2)
(3)
TYPE OF WORK Bv
._._..._.._.._. ..................... .._._... ... ...F,Isi;al Year
. ........................................................................................................
DS
PROJECT FUN....................
.......... ., TOTAL..........
AGENCY
.................... FUNDS
STATE &
FEDERAL. FUNDS
._.........................................................................
Planning FY:
FY:
'Total Planning Cost
Project Development & Environment (PD&E)
FY:
FY:
FY:
Total F'D&E Cast
Design FY:
FY:
FY:
Total Design Cost
Right—of—Way FY:
_ ®_
___..__---------------------- __......_.
__.-...._....________________
FY:
FY:
Total Ri ht of-Wa Cost .....m.
Construction FY: 2014-2015
._.....................$3.„.1...Y,7,�C)00.....00
1 237,179.00
1.x rJ £321.00
FY:
FY:
_
FY:
Mu
Total Construction Cost
$3,177,000.00
$1,2..37,179.00
$1,9_.___________........
,939,821.00
Construction Engineering and Inspection (CEI)
00 OOO U,0
$3,00,,,.00.0,,.,C;U
FY: 2014-2015
__________
.......
FY:
._........ _
... .....
FY:
_
....................................................................................................
__._.__.............................................................................................. _
"'total CEI Cost
$300,000.00
$300,000.00
Total Construction and CEI Costs
$3,477,000.00
$1,537,179.00
$1,939,821.00
TOTAL COST OF TI -IE PROJECT
$3,4'77,000.00
$1,537,1 79.00
$1,939,821.00
SIAI E OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
PRODUCTION SUPPORT
Il..... OCAL AGENCY l:1R0GRAM AGRE' EMENT08/06
Page 18
EXHIBIT "I"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to his Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CF DA #: 20.205 Highway Planning and Construction
Amount: $ 1,939,821.00
I
Allowable Activities: To be eligible, most projects must be located on public roads that are riot functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient.
Eligibility: By law, the federal -aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
State Departments of Transportation (State DOTs). Projects to be funded under the federal -aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal -aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Federal Land Highway Program (FLHP) projects are administered by the Federal Highway
Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management
Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal
Governments and are approved by the Bureau of Indian Affairs (BBA) and the FHWA. Due to recent legislation, Tribal
Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA.
The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park
Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the
F11WA jointly select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of I ocal Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061, 215.422, 339.12, and 339.135, Florida Statutes, and "Title 23 and Title 49, C.F.R.
7 :30 09 Monday, 140 itary 16, 201�',
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ADOPTED
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434972 Segment; I Pinase G ro u�p /Type:
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TO: PG520EH@dot.state,f1,us
SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT ARR91
STATE, OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #ARR91 Contract Type: Method of Procurement:
Vendor Name: CITYOF CAPE CAN
Vendor ID: VF590974636001
Beginning date of this Agmt: 02/13/15
Ending date of this Agmt: 02/13/17
************************************************************************
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: APPROVEA
55 054010508 *OM *790092 * 1939821.00 *43497215801 *215 *20.205
2015 *55150200 *088717/15
0001 *00 * *0001/04
TOTAL AMOUNT: *$ 1,939,821.00 *
-------------------------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 02/10/2015
RESOLUTION NO. 2014-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'
CAPE CANAVEILAL, BREVARD C01JNTY, L,0 IIIA
APPROVING BIDDING/PURCHASINGY PROCEDURES
NECESSARY 71'0 COMPLY WITH REQUIREMENTS FOR
FEDERALLY F1JNDED'1RANSP0R'rA,rjON PROJECTS AND IN
ACCORDANCE wini "I'HE FLORIDA DEPAIS" rMEN" OF
TRANSPORTATION CAI., AGENCY PROGRAM ("LAP�9);
AuTTI ORIZING,rHE CITY AGE °T TAKE ANY OTHER
ACTION DEEMED NECESSARY OR. ADVISABLE IN
CONNECTION WITH THE FINALIZATION AND EXECA)TION
OF A STANDARD LAP ACS REEMEN'r; AUTHORIZING THE
EXECUTION AND DELIVERY OF DOCUMENTS IN
WITH SAID STANDARD LAP AGREEMENT;
PROVIDING FOR REPEAL OF PRIOR IN(."ONSISTENT
RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of' the City of' Cape Canaveral ("City") establishes the
followrnl,, procedures when working with federally funded highway transportation prqjects; and
WHEREAS, the City Council of the City of'Cape Canaveral must comply with Federal
funding requirements to qualify Im funding through the Florida Departi-nent of''T'ransportation
("F CTT Local Agency Program ("LAP"); and
WHEREAS, the City Council ofthe City of Cal)e Canaveral hereby finds this Resolution
lo be in the best interests of` the public health, safety and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE ITRESOLVED BYTHE CITY OF CAPE CANAVERAt',
BREVARD COUN'I'V, FLORIDA, AS FOLLOWS:
Section 1. Recitals.rhe foregoing recitals are deemed true and eOlTect and are hereby fully
incorporated herein by this rel'erence.
Section 2. Bid 0 n and Tabulation/Adveitis Bids, All bids received in
accordance with the terms of the adverdsenient shall be publicly opened and announced either item
by item or by total anrount. Ifany bid received is nol read aloud, the name of the bidder and the
reason for riot reading the bid aloud shall be publicly annw,urced at the opening,Negotiation with
contractors during the period following the opening cal' bids and before the award of the contract
shall not be periniacd. All federally ftinded proJects shall be advertist.-A a mininium ofthree weeks.
Section 3. BidjjXs
Ars isaMIL,Award of Contract. The CIity will comply with the requirements
cal" 73C, f`,l.. §Ci -1 on all feede,raslly furrdeel transponation prqjccts fair hid analysis and award of
contracts as detailed in Exhibit "A."' For such purposes, the City will acct as "State Transporlatiot)
Department" and FDO"Fas "Division Administrator" as defined in 23 CTA, §635,102,
City of'Cape Canaveral
Resolution No. 2014. 19
11agc 1 of 3
Section 4. Contract Time. 'rhe City will follow the guidelines detailed in Exhibit "B" when
establishing a contract lime Ibr all redcrally fund(( transpoilation proJects. Contract firne
extensions shall be sui�ject to the concurrence of Fl OT and shall be considered in deterrynning the
aniount of feAeraf participation, Contract time extensions submitted Ior approval to Fl OT shall be
fully justified and adequately documented,
Section. 5. 1�,Mineeafs Estimate, The City will comply with the requirements of 23 CJ7,1k.
ie7c_-r_;fIT_ 7unTed transportation projects for the preparation of engineer's
§§2 -i55 on all
estimates as detailed in Exhibit "C". The City maintains continuing service contracts with as
number of consultants to develop engineer's estimates:, these service contracts do not expire until
mid -2016 and may be extended for an additional five years.
Section 6. Wart -ant
,y Jagse%,. The City will comply with the requirements of 23 C.F.R_
§635.413 on all federally funded transportation prqjects f6r warranty clauses as detailed in Exhibit
"U". The warranty will begin the (lay after final acceptance is awarded.
Section 7. Fat Qpfitivg Selection of lifigd
.pt
%a _f2IIEMftAE!L. In accordance
;rtth40_6.S,C`'_§'§"I 101-1104 ("Brooks Act") and other federal regulations, the City will not use
local preference criteria in awarding contracts for federally fund6i transportation projects.
�SecfiolL& 1,�k Proval Authorization and Execution of Standard LAE City
_Agrttfflglq�The C
hereby authorizes the City Manager to execute and deliver on behalf" ofthe City a standard LAP
agreement between the City and FDOT with such changes, insertions and additions as he may
approve, their execution thereol'being conclusive evidence of such approval.
Section 9. Authorization of Other, Documentsto Effect Transactions. 'I'o the extent that.
. . .......... . ..... . . .. . . . . ........
other documents, including but not limited to, notices, opinions or other items are needed to effect
any transactions referenced in this Resolution, the City Manager is hereby authorized to execute
and deliver slich documents, opinions or other items and to take such actions as are necessary for
the full, punctual and compleu,,. peribri-nance of the, agreements, provisions or other iterns as are
contained herein by reference.
Section 10.
!j±,PE,'alofJIf0LIpE, istent R.esolutions . At I resol utions or parts of'resolutions ill
. L_ . . ............. -
conflict herewith are hereby repealed to the extent of the conflict.
Section 11. Seve0hility. It'any section, subsection, sentence, clause, phrase, word or portion of'
this Resolution is fear any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deerned as separate, distinct and independent provision and such
holding shah not affect the validity ofthe reanaining poilion hereto,
Section 12.Effective Date. This Resolution shall become effective irn mediately upon adoption
by the City C01.11161 ofthe (')ty of'(" ape C'anaveral, Florida,
City of'Cape Caiiavera�
Resolution No. 2014-18
Page 2 of 3
ADOPTED in regular sineefing ofthe C,ity Council ofthe City ofCape Canaveral, I'lorida, this 15"'
day of July, 2014
Rocky R ayor
ATTEST:
n- ------
,Al
City ("le,
Approvet.] as to legal form and sufficiency
fi:)r the City of Cape Canaveral only by:
Anthony A. Garganese, City Aflorney
Name For,
John Bond
Motion
Robeft Hoog
Second
Buzz Petsos
x
Rocky Randels
x
Betty'Walsh
City of Cape Canavera�
Resofution No. 2014 18
Page 3 of;
EM
Resolution No, 201.61.8
e(TR 'Odc an) Federal Regulations Resokition No. 2014 J8 Exhibit "A"
Page 1 of I
t Back to I of
4/§635,114 Award of contract and concia rrence In award.
(a) Federal-ard Contracls Shall be awarded Only on the basis of IN,,lowest responsive bid
submitted by a bidder ing the criteria of responsibility as may rrave been established by the su)
in accotdance with §635110. Award shall be withiri the time established by the STD and subject to the
prior concurrence of the Division Administrator.
(b) The ST'D shall formally request concurrence by the Division Administrator in the award of all
Fe,,deral-aid contracts, Concurrence in award by the Division Administrator is a prerequisite to Federal
participation in construction costs and is considered as authority to proceed with construction, unless
specifically stated otherwise. Concurrence in award shall be formally approved and shall only be given
after receipt and review of the tabulation of bids,
(c) Following the opening of bids, the STD shall examine the unit bid prices of the apparent low
bid for reasonable conformance with the engineer's estimated prices. A bid with extreme variations
from the engineer's estimate, or where obvious unbalancing of unit prices has occurred, shall be
thoroughly evaluated.
(d) Where obvious unbalanced bid items exist, the STD's decision to award or reject a bid shall be
supported by written justific ation. A bid found to be mathematically unbalanced, but not found to be
materially unbalancod, may be awarded,
(e) When as low bid is determined to be both mathematically and matevially unbalanced, the
Division Administrator will take appropriate steps to protect the Federal interest, This action may be
concurrence in as STD decision not to award the contract. If, however, the STO decides to proceed with
the award and requests FHWA concurrence, the Division Administrator's action may range from
nonconcurrence to concurrence with contingency conditions limiting Federal participation.
(f) If the STD determines that the lowest bid is not responsive or the bidder is riot responsible, 9
shall so notify and obtain the Division Administrator's concurrence before making an award to the next
lowest bidder.
(g) If the STD rejects or declines to read or consider as low bid on the grounds that it is not
responsive because of noncompliance with a requirernent which was riot clearly identified in the
bidding documents, it shall submit justification for its action, If such justification is not considered by
the Division Administrator to be sufficient, concurrence will not be given to award to another bidder on
the contract at the sarne letting.
(h) Any proposal by the STD to reject all bids received fon as Federal -aid contract shall be
submitted to the Division AdrniniMrator for concufrence, accornpanied by adequate justification,
(i) in the event the low bidder selected by the STD for contract award forfeits the bid guarantee,
the STE) may dispose of the amounts of such forf(-,.,-rted guarantees in accorda,ince with its normal
Fxactices.
0) A copy ofthe executed (,;ontract between the STD and the construction contraclor should hue
furnished to the Division Administrator as soon as practicable after exeCUtion.
(k) In the case of as design -build project, the following requirements applyo Design -build contracts
shall be awarded in accordance with the Request for Proposals docunrient See 23 UR Part 636,
Design -build Contracting, for details
156 FR 37004, Aug 2, 1991, as arriended at 67 FR 75925, Dec. 10, 2002)
4", Back to "hop
§636.1,16 Agreement estirnate.
h1h'V//%VM Nk d " , ),� , , . , I u , ,,, v.m.. , I , , I I I a, A ...a 11 1
Resolution No. 2014-18
Resolution No. 2014-18
l i,r / , r /
w
omm
Resolution No,, 201.4-18
Exhibit 13"
& Contract firne, is the maximurn time allowed in the contract for completion of all
-work contained In the contract documents. Contract time often arises as an
issue when there is too much time or too little firne given in the contract, If too
much time is allowed then the traveling public is being Inconvenienced and the
contractor does riot appear to be aggressively pursuing the work. 'There may be
a number of reasons for a project to appear dormant, Such as weather
limitations, concrete. curing times, materials arriving I late, etc. However, all too
often the causes are, traceable to excemsive time originally established by the
scheduling engineer to complete the project or or contractor scheduling of
construction operations. If not enough time is allowed then the contractor will
submit (Aairnr,n for added cost and firne to the contract,
E In many instances, the duration of highway construction projects is more crificW
today than it was in the past. Several of the reasons are listed below:
There arc, an increasing nurnber of resurfacing, restoration, and
rehabilitation type projects being v*rrstructed under traffic, resulting in an
increase in the exposure. of construction workers and motorists,
2� Traffic volurnes on most highways are significantly greater and moor
cx,,,)nt1nuh)g to increase, thereby creating a greater irnpact on the motoring
I. ublic in both safety considerations and cost.
3. Proper selection of Contract time allows for opurnbPA. tion of construction
engineering costs and other resourcet'i.
C, In addressing the need for completing Critical coristruction projects where, it is
irnportant to minirnize traffic inconvenlence and delay, many States have applied
rion-traditional cntracling rnethodssuch as Bonuses and Ince ntive/Disincemtive
specifications for early cornpletion,
2
of,13
Resokition Nc). 2014-18 Exhibit "B"
Elements In Determining Contract Time
BThe reasonableness of the contract time included in contracts is important, If
time is Msufficient, bid prices may be higher and there may be an unusual
number of time overruns and contractor claims. Contractors should be provided
the ability to schedule wnrk to maximize equipment and labor, and if co, ntract
time is too short, these efficiencies are more difficult to obtain resulting in higher
prices, If the time allowed is excessive, there may be cost inefficiencies by both
the tel and the contractor. The public rrmy be inconvenienced
unnecessarily and subjected to traveling on a roadway where safety is less than
desirable for an extended period of time, In establishing contract time, the,
scheduling on ince should strive for the shortest practical traffic Mterruptions to
the road us(,,)r, If the time set is Such that all work on a project may be stopped
for, an extended period (such as scheduWd events) avid the contractor can still
cornplate the project on schedule, it means the contract time a. Howed was
excessive,
C. For most prckjects the essential elements in determining contract firne include: (1)
estabhsNng production rates for each controlling item-, (2) adopting production
rates to a particular project; (3) understanding potential factors such as business
closures, environmer�tal constraints: and (4) Computation of contract time W01 a
progress schedule,
EstablishIng Production Rates
& A production rate is the quantity produced or constructed over a specified time
pemod. Estimating realistic production rates is important when determining
appropriate contract, completion time, Production rates may vary considerably
depending on project size, geographic location, and rural or urban setting, even
for the, same itern of work. ProdUction rate ranges should be established in the
State's wriften nroendkirps, h;msd rin nrnickpf tvrits Inrarfirin *friiw^ftarrnet, xi4e, �
3 of 13
Resolul-Jon No. 201.4-1.8 Exhibit "B"
and kicationfor controlling KOM of mrk
B. in ens tabfishlrig pnDduction rates tO bre Used for detertnining ntrsct time, art
accurate Oa
tibaw sbould be established by uoipq norenal' historical ratos of
officiont,cOntra,64ors— On6 method 61' establishing pioduction rates ls,to divide the
total quaintity of an item on previouslyComplets
I I I Id prc4ects by the number of
da
ys/holurs the contractor used to oomolote the it6m , Production rates based
Ripon 611ght-hour crew days or per pl6c6 ofOul'trient 'are recommended.
p I
Production rates developed by revlevAhq total quantities and total time are, not
recommended as they may result In misleading rakes which tend to be low since
they may include startup, cleanup, interm ptiro ns, etc,
C, The most accurate data will be obtained from site visits or review of project
records (Le., field diaties and other construction documents) are the
contractors progress is clearly documented based on work effort, including work
crew make up, during a particular time frame. A data file based on three to five.
years of historical data (time, weather, production rates, etc.) should be
maintained,
D, The production rates used should be based on the desired level of resource
commitment (labor, equipment, etc.) dOern ed practical given the physical
limitations of the project, Representatives of the construction industry are� also
usually willing to assist in developing rates and time schedules. Rates should be
updated regularly to assure they accurately represent the statistical average rate
of production in the area,
E, Some jurisdictions apply production rate data taken froai sorne of the published
rate guides. This data may be useful as; guidance, however, the relationship of
these production rates to aCtLJ81 highway constniction projects may be difficult to
correlate.
OT14ER FACTORS WHICH INFLUENCE CONTRACI-11ME
A. In addition to production rates, the follovVing iterns should be considered when
determining contract Orne,
Eftects of mairate veru ce of traffic requiri,.nnents on scheduling and the
sequence of operations;
2. Curing time and waiting periods betweensuccessive paving courses or
between concreAe placement operations, as well as specified embankryierat
settlernent periods;
3. Seasonal fimitations for certain items s when determining both the nurnber
Of days the ccram ',-3ctof will be able to work as weA azs production ratesi
4. Conflicting operations of adj,,acent projects, both pubiic and private;
4 of 13
Resolution No. 2014-18 E.xhibiL IV
6, 'rime for rewiewing false -work plEir1%, shop dravAng
mix designs, etc,; s, pot -t
serssioning plan,
s
6. Time for fabrication of Structural steel and other specialty jtern&
7, Coordination with utilities-,
8. "t-irne to obtain necessary permits,
9, 'The effect of permitting conditions and/or restrictions;
M Restrictions for nighttime and weekend operations;
11,, 'rime of, the year of the letting as well as duration of the project;
12. Additional firne for obtaining spedalty items or materials with long -lead
requirements;
13. Other pertinent ito,,,,ms as determined by the Scheduling Engineer.
In setting contract time it is recommerid ed that the firne is based on PFDduction rates per
hour or per day on a working day basis, a oonver-slearn factor of 1.4 should be used and
non -work days should not be prograrnmed into the scheduling software,, If non -working
days care calculated into the schedule such as holidays, keep in mind VA)en granting day
for day time.
t: rt Production Rates to a Particular Project
A. Before firne durations for individual work iterris mn be compute:d, certain project
specific information should be determined and some, management decisions
made, "The relative urgency for the completion of a proposed project shoube
determined. The traffic volumes affected aswell as the effect of detours should
be analyzed. T'he size, and location of the projecl should be reviewed, in addition
to the effects of staging, working double shifts, nightfirrwe operations, 8 n
restrictions on closing lanes. The availability of materiM for controlling items of
work should be investigated., For example, It might be appropriate to consider
the need for multiple crews on a specific itern to expedite. the completion when
there are exceptionally large quantities or when there Is a large In--ipact on traffic.
(K Procedures to accelerate project completion ShOUld be considered vvtien
construction will affect traffic 11SUbstantially or wl"Den project completiori Is crucial,
"This is irinportam in urban areas wiffi high traffic volumes. When
acceletrating contrAct tirne for firne sensitive projects, produr4icon rates should be
based on an efficient contractor working more than eight hours per day, more
than five days per week and possibly with additional worRers. The development
5 of '13
Resdution No. 014-1.
Exhibit 1,r,,vy
and application of a seParte set of production rates for critical projents is
recommended,
Computation of Contract Time - Develop a Progress Schedule
Contract'rime Deer it iques
Contract time deterrninaflon techniques generally fall into ftw- categories of bar charts
and critic path teohniques, 'The.se techniques are, described below:
A. Bar Charts
1 o 3ar cfwrls or Gantt chartc.; are, graphical representations of projects with
specific corripletion dates and advities. Bars or lines are drawn
proportional to ffie planned duration ofewc-h activity,
2. A brief description of the procedure used to develop a bar chad to
deterrirflne contract fivne is as follows- '
a. I'he first step in developing a bar charl is to break a projec;t down
into, separate activities or operations necessary for pr(�fect
completion.,
Once all the activities necessary to complete a project have been
listed, the duration and cornpletion date of each activity needs to be
determined based on production rates.
C, Witf'r fl -Ws data established, the bar chart can be prepared. A fine or
bar is drawn on the chart showing ffie time when work will be
perforr-ned for each activity, 'The resulting diagrarn MH mapresent a
RE?SOlution No� 20t4,'1
ProJect, showing Men eaci"i activity will be undertaken and
completed,
d. With bar charts, the prDgress Of a project may be monitored for
each activity by drawing a bar or line below the original scheduled
performance to show the actual duration for ead'i activity as it is
completed.
Bar charts are, advantageous in that they are simple to develop and easy
to understarid, and they offer a good method of determining contract time.
Some disadvantages are that they do not show the interrelationship and
inter -dependency on the various phones of work. Bar charts are
difficult to properly evaluate when cora st'ruction changes occur. Also,
controlling Items are shown in the same manner as minor items, thus
making it more difficult to determine which items actually control the
overall time progress of the project. The use of bar charts are not
recommended for contract administration and project management of
large or complex construction projects.
CCritical Flath Method (CPM)
'The Critical Path Method (CPM) focuses, on the relationship of the critical
activities, specifically, those which must be completed before, other activities are
started, Working from the project's beginning arid defining individual project
tasks and the number of days to perfon-n each task, a logical diagrarnmatic
representation of the project is developed. A CPM depicts which tasks of a
project will change the completion date if they pare not completed on time, The
evaluation of critical tasks allows for the determination of the time to complete
projects. Because of the size and cornplexIty of most projects, this method is
rnost often applied using a computer software pro grarn, Within the CPM
software, the ability to use a Program Evaluation Review Technique (PERT)
provides a breakdown of each activity to t,,)oxes. 'chis enables the user to view
the conntxlion of relationships to eac[i activity. CPM software also has the
ability to display the contract time in a bar, ch d. view as well,
The first step in applying the; CPM rnethod Is to break a project down into
,separate tasks or operations necessary for project completion, Eaci-I of
these separate operations or proc"a sies is called an activity, The
completion of an activity is called an event,
2. Once, 0 the activities necessary to complete a project have been listed,
the relationship of these activities to one another needs to b(,4 , dete rMfirmed.
In sorne instances, several activities can be undertaken cx)incurrently, and
at other times, cerfa*i activities cannot be undertaken unfil others, have
been completed. Generally, M-wn determining the sequence of
operations, sornequestions, need to tete asked such as, 'What needs to be
Resoltiflon No. 201.4-18
ExWbit "B"
4, An actual tirne can be set to each activity based on production rates and
other appropriate factors. The time to complete each activity is then
shown on each arrow to indicate the duration. The "early start" for each
acl,lvity is the earliest point In time thatan activity can $Wrt, provided that
all activities before it have finished, This is not necessarily the point in
time that it will start; however, it is the earliest time that it can start, The
nearly finish" for an activity is merely the duration of the activity after its
eady start. As Is the case With the "early start," this is not necessarily the
point in time that the work represented by the activity will be over, but is
the earliest point In time that it can occur. A "finish" date In CPM is the
first day after the physical completion of the activity. 'The completion time
of a project is the sum of the longest thne path leading to completion of the
project,
5. Die optiffunn firwie and 00st for performing the project Can be evaluated by
assigning re,,sources i.e. equipment, labor hours, and materials to each
activity, The diagrarnry-vatic represt mtafion of the project then provides a
means to evaluate the costs incurred with respect to the cornpletion of
specified activities,
6, Advantages of using the CPM include:
It is an accurate technique for deteraiining contract time avid
vedfVing that the project can be, ronstructed as designed and with
identified amstrue ction sequences;
It is a useful tool for project managers in morkitoring a prc..)ject,
especially when dealing with relcatlonsWps of work iterns with
respect to time; and
Activities resporusible for delays can be identified and corrective
ateasures to is rt a project on schedule can be deter -mined.
ResohjlJon No. 2014-18
ExhitAt "B"
7. Disadvantages of using the CPM InClUde:
Ttie CPM requires experienced and knowledgeable staff to be used
effectively;
They require regular updates to assurew that the contractor's
operation is accurately represented,
Other Projoct Considorations
Construction tirne on ceirtaln projects stich as lighting or signalizabon may be governed
by the long lead-time necessary to obtain materials. To minimize traffic disruption, the
contract may'specify a comp'letion date several months after the notice to proceed, but
the contractor should be limited to a relatively short on-site time. This may be
accomplished by incl din in the contract a "conditional notice to proceed" clause which
would allow a specified amour -it of time to purchase and assemble, materials followed by
issuarice, of a full work order which would be Issued upon expiration of the assembly
period or sooner, upon than contractoes request,
Delayed or flexible notice -to -proceed dates may be appropriate for certain projects
where the ultimate completion date is not critical, The contracting agency may wish to
provide a notice -to -proceed vtAndow in order to increase the probability of a competitive,
bid where only a limited number of contractors are available to perform the work, Such
projects may include:
Projects that consist of speciaHzed work (semi coats, highway planting,
pavement grooving or bridge pairding) where a large number, of these
projects are being advertised within a short time period;
Projects with a very limited number of working days',
Building projects,
This allows the contra., ctor to schedule this contract with consideratk')n of other work
he/she may have in the, sarne paving seas=. Net benefits include lower, proJect
inspection coast and a rninimal disruption to traffic,
An option that may be applicable to sorne projects is divicflng a project into phases with
each phase having its own completion date, "rhis rnay be appik:ble when coordinating
witti other project's or activities in the area in order to meet tight deadlines.
Resoludm) No. 2014-1.8 ExhiWt "B"
BA
f" OF PROD UC TION R)l rES:
The Production rates shown are divided into 3 cat egoli: low, average and high, The
low W6 is typica ' Ily used on Projects where there are, large numbers of intersections,
drivoway ' S, high 6brigested traffic and a lorge num6er, of existing titillties which may
Interferio Wth the proposed construction. Thewheaver* e r6te is e there are mini ' I 1 0 , I typically used In projects
r
mum 0xistirIg utilities, low to Modlurn traffic volume/congestion with
minimal Intersections and driveways. The high rate 16 typically used O' rural and
limited access facilities. ,
SCOPE OF WORK DEFINITIONS:
R.O.W. Preparation:
(Acres): 'The removal of top soil, trees, minor physical objects
and other vegetation from the construction site using mechanical equipment,
EMMou (C.Y,)- The removal and transportirig of in situ soolls on the construction site
using mechanical equipment.
rnnl yr inn int (C,Y.): The placing and compaction of soil on the constrtjetion site Using
mechanical equipment.
Drainage StructureslStorm Sewers:
The excavation, Installation, and backfiffing of drainage or sewer
pipes including structures.
JD9_&Culverts (C.Y.): The excavation, forming, reinforcing, pouring, finishing, stripping,
and backfilling ofeast In place concrete box culverts, ori the construction site, if using
pre -cast units, then the Units should be changed to L.F. and appropriate production
its Substituted,
In
(Each), The installation of pre rnaM,1faCtLJfx-.,d iNels rune rlholesfour
drainage or sewen-, systerns. Time is included in Pipe,
Bridge Structumm:
(Nota The production rates on several Items appear to since they must include thne
for the total Scope of activities neoessary to complete an it inn.)
ff er
ApLn�q (S.Y.,): 'n"m Installation, dewatoring and minor excavation associated with
building a cofferdarn system for a hddge construction site.
trpt JLiftIg (S.1' The installation of sheeting for retaining walls and deep
excavations, Do riot add to cofferdarMS.
Resolution N o. 201.4-18
P -(l i (L.,F.): The installation of piling for bridge) foundations
F
ti (C.Y.): The Layout, fortroing, reinforcing, Placing,. curing and removing forms for
-9
reinforced concrete bridge footings
W, mims"A.Uok (Cy* T'he layout, fdrniing, reinforainn, placing, curing and
removing forms T� r reinforced concrete bridge, columns, caps, and bents,
VJ119MI!§ (S -Y ): The layout, forming, reinforcing, placing, curing and removing forms
for reinforomW concrete in ll for bridges.
ng, reinforcing, placing, curing and
cks., "The produotioti rates have been
, including precast pitink under slab,
T9;!92MOuantlty,
(L.F.): 'The layout, forming, reinforcing, placing, curing and
rerno0h9'forms f6r, reinforced concrete bridge curbs and walkways.
(L -F-): 'The layout, forming, reinforcing, placing, curing and rernoving
forms for cast In place reinforced concrete bridge handrails,
(S.F.): 'rhe layout, excavation, forming, reinforcing, pladng, curing and
removingfornm for cast in place reinforced concrete retaining waft. The time for
precast proprietary wall systems in inGluded in embankment,,
Base Prel)arrations:
§J�uli d f ,I db� (SY) -. The placernent, mixing and cornpaction operations inv6ved
,
in the stabilization of sub grade soils,
-OMLIUR mW ,l (S.Y.).' The placement, mixing and compaction of flexible base material.
H Ijui0 j -On)n The laydown and wrripaction of hit rani asphalt concrete
i3a'-s',e course materk.-d, The production reates are taken frorn the graphl'or plant mix.
The layout and con truction of new roadway curb and 9 titter
using aunt ornated equipment or forms and hand finisfi
nprqtq .p1mv.ment of sectiorm of
,-pir (S,Y,): The removal and re
unsatisfactory or felled l"Iortland cc -merit c*ncrete pavernerut,
MiRMLOAmn-by, (S -Y-): 1"he removal of the surface level of existing pavements using
autornated milling or plaruning equipment,,
Resolubon No. 201.4-3.8
Exhibit 01B,,
EIJALLip,J?&,,�M,
#_p_%E�,,,(,ron): 'T"he laydown and eximpaction of hot mix asphak concrete
surfa(�e course matprlal. The production rate is taken from the graph for Plant Mix,
&ghftLF!&.,P__Q&M (I course) Cron): The laydown and compan ref asp
ctiohalt
wncrete frictio'n course material,
(Rebar � curing) (S.Y.): 1 e layout, reinforcing, placing,
curing arid jointing of Portland cement concrete pavement,
(L.F.): 'F'he layout and installation of precast concrete, traffic
Grriers. If bardert are to be cast in place, then the units should be changed to C.Y.
and the production rater, adjusted a000rdlingly,
E�= �
§MU§bqg (Each),- The installation of small highway information and warning signs
mounted on metal posts driven into soil along a highway.
Q_ve_r_fJ§kq,JLqqp, (Each): 'The installation of large highway information and directional
signs mounted on mptaframes over a highway. It is assumed that the footings and
poles that support,
The frames are,already in place,
s
kL_aLq (Each); "The installation of automated triaffic signaland their
supportsystemrs at highway intersections,
(L.F.)o The application of paint or therfnopiasfic pavernent rnarlung
rnatedals to as h Ighway pavement,
f3P_L_DyS,"i �Litj r (RFIM) (Ea.): 'rhe application of adhesive, and raise
pavernerat markers,
C,
:"'(11"Ok.'a.(S.Y* The seeding of grasses, application of ferlifizerand mulch,cmd cutfivjg
into soil,
EhkPINLI-wYP. (Sta-)- The renrnoval of debrk.e, dirt and otho,kr construction materialsfrorn
a highway paveren ent and adjacent right ofwdly at the end of as construction per ojemeta The
time for this actiVRy is included ki "General "rif-rie".
(WKDAYS): "The der nolition and reryloval of the materials for large
Siructures (multi -story buildings, retaining walls, towers underground tanks, etc.) frorn
the right of Yvay of now construction projects,,
(VVKDAYS): The demolition and removal of tile materials
for small same tear (Single -story wood buildings, stonage sheds, fences, road signs,
12 of 12
Resolution No. 201.4-1.8
ExhUt "B"
etc.) from the right of way of new construction proJects, Time for this is, included In
clearing and Grubbing,
(U S): 'this demolition and femrev al of all materials for an
existing bridge structure and related appurtenances (approaches, gates, signals, etc.).
(VVKDAYS): The layout and construction of a temporary bridge
structure and related appurtenances for a highway construction project.
8 R
9�10M WIMMLEYAr—i(WKDAYS): The demolition and removal of all materials for
a
ter nporary bridges structure and related appurtenances for a highway construction
project.
PRODUCTION RATES
"T"he following Excel spreadsheet fink is a compilation of statewide rates ranging from
low to high. Although this list Is extensive, It may not Include a production rate relevant
to a paroti cuiar project, Other sources may need to be perused to achieve the required
rates for a particular scope of work Wthin that contr,act.
P "od tupalur.l
13 of 13
Resolution No, 2014-18
ENGINEER'S ESTIMA'T'E
Guidelines for 1'reparafion of'Mans. Specifications, and Islimales - Design - FHWA Exhib i" TH
Page 1. of 1
special use areas that are required by the associated Resolution No, 201448
highway project,
5, Estimates
a 'the Engineer's Estirriate shoWd be prepwed and reviewed
carefully to reflect as realistically and accurately as possible
the expected costs of the work at the firne of receipt of bids
b, Has should establish consistent and compatible procedures
fcx the preparation, veview, and updating of estimates
1 The unit prices used for estimates, and corresponding
actual unit bid prices when available, for the preceding 12
nionths should be reviewed to determine if changes in
estimated unit prices are needed to reflect any trends that
have occurred,
2 The estimate should reflect prices that are realistic for th(,,,
areas, times, and characteristics of the work to be done
(regional adjustment and seasonal adjustment are
especially important).
3 1 nce ntive/dis incentive or escalation clauses should be
considered in determining the estimated unitcosts since
such clauses may affect the estimate considerably.
4 Other factors that can affect the estimated cost of a
project such as labor rates, equipment rates, interest
rates, time to complete, cornpetition levels, and material
shortages should be considered and estimated costs
adjusted as necessary
6 Bid price data bases should be current at the time of
estimate preparation and should be current (within 4
weeks) at the finie of advertisement
c Estimates should include a number of description of the itern,
estimated quantity, unit, and price (words and nurnerals) for
each proposed itern of work
d, Foi accounting purposes, the Engineer's Estimate should
identify separately,
1, urban and rumi quantifies,
2 county -by, -county breakdown,
3. tabulations of items coded on the basis of the
predorr'ninant improvernent and Construction Type Code
e Conshuction Engineering should be shown as a separate Me
itern.
6 Required Contract Provisions
a, Federal, State, and local agencies have certain required
contract provisions covering employment, records of
materials and supplies, subletting or assigning the contract,
safety, false statements, termination, nonsegregated
facilities, and environmental requirements arnong others that
are to be included in contracts for construction projects
b Because requirernents, may change on short notice, required
contract provisions should not be included in bOUnd books of
general specifications
7 PS&E Assemblies, PS&E assemWiies should inciude:
a complete sets of pians (Applicabie plans premusly approved
as standards should be i ncurpo rated by reference and need
riot be included as pail of each ti t," assernbly ),
b proposal assembly irOkjding biftrig dof,',urnents, specia&
provi6ons and required contract provisions (Flreviousiy
I'll 0!", / to v � M " , , Ch." ,, "'a ,.ma... ,, , / $ --"' , " , Ff �t' 1 0 o , , - ..A°_._
Resolution No,, 2014-18
Cc) A State Unnsportatkni depam-
ment, may require at specific mat,ej,jaj
or product whan there are otfiel, Re-
COPLable Inaberials And products, when
sueb specific choice Is appmved by the
Division Administrator as being hi the
pWAW Interest. Wimn Che EMMon A*
ininiNaMorl appivval Is not, Walned.
the Uent will be nonpartidgmtIng un
less bidding procedureS Rre used that
ea to the unif pi,jee of each at,�eepj,,
able MernaLM In Lhis ease Federiii-
aid parUcApation W be based on the
loweaL Wes so entabHMM
M Thdbrence W specifications and an
911ans to MnWe LnWe name njaunjos
OW1 not be apWmmd on Federal,aid
contracts,
W 10 Lhe one of a designourld
PX'We(Am the following requirements
apoy� FedwAl fUnda shWI notImMY
pate, aiieeetfip® or ffimn,eetjy. jja pUUMM,
Mr any proultun or rMaRy on any at,.
Wed or m1wietary material. spech.
ficat'lom Or Process specifically set
AM In the %quebt for Proposals dm-
urnent unleas tine=, condMons of pmw,
graph ia) oftids smHon mv nplmWAI(h
It! Ill 300C Ann M. Iwo as mmemmd at M
PH TWW LW% N, 20W; U PH OW4, Nov, lk
zxxq
11635A13 Guaranty sued warranty
ekmea&
The s,rD may include wallenty ;n,
visions In Natiojual HWbusy Syntell
(N118) construction cont,rauts in ao,
cordam ce,,. with the RAW~
W I MUMMY m=Wona shM I be fur a
SIMCIAC conswuCtion Product Or fea-
Me Wmm WAnnintenance not Moble
fear fps deral parUcij,,*tJon shall thot, be
catuvd,
(hAll Warranty mjuirernenu�w Foul
Subsequent revisionm Wall be snh-
Wned Im UK, DhIMm AMnWWatior
for iWvamice approval
fed No w4aranty 1,equhwment shol be
applvVed which. in the jwgmem of Ole
Wishm AdraluMtrator, may place ayu
Mue olmgaunn on the cmnumoxn, W
"VMS over WhWb the COMMUM hRS no
emus,
W P A ETD nmy Fol Ww Its own Wvev
dun, mganUnp Lhe MuMon of wur-
InnLy rwovimons in non -11411S", Flvdvwd-
aid cwntauetw
W In Me (mov W R edea Wnlulkl
pni'wea vt, the following requKunenim
RnMon Nm ;W14 18 ExNbil "W
Page I of 1
23 CFR Ch, 1 (4-1-- 10 Edition)
WHI aPPIY WeLead of jaimgraphe JnI
through (di of this Bection,
(1) General WoJect Warranties niny be
used On N118 Projects, provided�
(1) he tenn of the warranty ir, short,
(generally One to two years)u however,
pupus developed under a publkspri
vate R,91*ftnent, may, include warraw
Ues that R14" appropriate for Line tar"I
of the Contract OR, agni*nlexlt,
M) 'rho warralit,y is nj!)t, (,Ile
Yntnuis or acceptance;
aw rho wanvnty mnuaL W Include
HMMS Of IWULlne rnalmenance juhhAl
WT 1110t eligible for Pederal participA-
tiow and
(Jvl The wm,ranty may include t)w
QUAIRY Of wOl'kmanship, inaterfals and
other speq°�jjjc task$ identified In the
contract,
0) INOWmance warranties For six-
c,ffic products on MIS projects may be
used at t1je 8111D*a�,11, p0j,
1'01111allce warranties are uaeddetalled
perfoimsam,c calfteria must be Provided
fil the ReQUest for Proposal document,
(W 7% RTD nay kjMw ju own pv.
cedums re gardilig the inclusion of war-
"MItY Ic'01risions on non - NHS Fedem)-
aid deslgwbuild conUmW
(4t For best value selectionsAhe STI)
MAY alfi)w proposem to subwit altee-
nate WAITaMW propoemb! Lhat hMpmVe
UP011 thkWAWT11111,yterms in tinge RFP
oeument SUCh alternitte warrant.N,
WOWASRIIS, nuist be In addition to tiee
ban pmpuml UIM.Mapmds in Lima, RFV
requirervients.
100 Fit 44274, htll 25, 19Wi, 6'W
PH 7WW 1W W WN; U FR WNR AUY N,
20r? ill
§ 635,417 Convict produced mateiials.
(kat materiais producef'"I after July 1,
1991, 1W Convict Inbor may o0y be in-
MOTOMW In a QdnafaM hMbum),
WnMuv"On WPM if nw& nkat,ohals
I= Imew
0 1 PnAumd Ity conomm who am ojm
prsrcPI(, supf"n1sed orprolmdon
W1 as PrImm 01,
(2) Produced in a 4juaillied prWon W,
cilits, and the vuniulaUve annual pu-
duction arnowAt of such matednis, for
use In Fe deraham hwhWay mus"Ve.
Won dops not excemi thp aniount of