Okaloosa County BOCC — April 27, 2013 — Construction_CEI_LAPAgreement — reading text

AND RESPONSIBILITIES FPN: 428115-1-58-01 & 428115-1-68-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Okaloosa County Board of County Commissioners. PROJECT LOCATION: The project is X is not on the National Highway System. The project is X is not on the State Highway System. PROJECT DESCRIPTION: th th This project consists of constructing sidewalk on the south side of 12 Avenue from 12 Street to SR 85 (Eglin Parkway) in Shalimar. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department’s contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department’s review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project’s activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Construction to be completed by December 31, 2013. 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. The Agency shall be responsible for verifying that the NEPA document is adhered to for the life of the project. This project will be constructed within existing right of way. No work shall begin until a Notice to Proceed is issued by the Department. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Cultural Resource Assessment Survey (including coordination with the State Historic Preservation Officer) and all documentation necessary to support the environmental Class of Action Determination will be the responsibility of the Department. The Department will reimburse the Agency for the eligible costs directly related to the construction and construction engineering inspection(CEI) not to exceed $170,818.  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT 09/11 Page EXHIBIT “B” SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 428115-1-58-01 & 428115-1-68-01 Okaloosa County B.O.C.C. 1759 South Ferdon Blvd. Crestview, FL 32536 PROJECT DESCRIPTION th Name: 12 Avenue Sidewalk Project Length: 0.944 Miles Termini: From 12th Street to SR 85 (Eglin Parkway) FUNDING (1) (2) (3) TOTAL AGENCY STATE & TYPE OF WORK By Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: 2013 FY: 2014 FY: 2015 Total Planning Cost Project Development & Environment (PD&E) FY: 2013 FY: 2014 FY: 2015 Total PD&E Cost Design FY: 2013 FY: 2014 FY: 2015 Total Design Cost Right-of-Way FY: 2013 FY: 2014 FY: 2015 Total Right-of-Way Cost Construction FY: 2013 $153,736 $0.00 $153,736 FY: 2014 FY: 2015 FY: 2016 Total Construction Cost $153,736 $153,736 Construction Engineering and Inspection (CEI) $17,082 $0.00 $17,082 FY: 2013 FY: 2014 FY: 2015 Total CEI Cost $17,082 $0.00 $17,082 Total Construction and CEI Costs $170,818 $170,818 TOTAL COST OF THE PROJECT $170,818 $170,818 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available.  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 07/09 Page EXHIBIT “C” RESTRICTION ON CONSULTANT’S ELIGIBILITY TO COMPETE FOR DEPARTMENT ASSISTED CONTRACTS FPN: 428115-1-58-01 & 428115-1-68-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and the Okaloosa County B.O.C.C. EXISTING CONSULTANT CONTRACTS: Existing consultant or professional services contracts shall not be used in the development and delivery of this project, doing so will federalize the existing contract. All consultant and professional services contracts associated with this project shall be advertised and selected in accordance with the Consultants Competitive Negotiations Act(CCNA). Consult the District LAP Administrator for the appropriate federal language that must appear in each consultant contract. CONSULTANT CEI CONTRACTS: A consultant firm or its affiliate that was the engineer of record(EOR) on a project shall not be considered for construction engineering and inspection(CEI) services, as a prime, on the same project. A consultant firm or its affiliate who was the EOR on a project may only be considered for CEI services as a sub consultant to the prime CEI firm with the approval of the Department prior to submittal of letters of response. A consultant firm or its affiliate who was the sub to the EOR on a project may only be considered for CEI services, as prime, on the same project, with the approval of the Department prior to submittal of letters of response. The Department’s approval shall be based on the extent of the firm’s involvement in the design of the project or CEI services, as the case may be, and the potential of hindrance I of any objective decision making. A consultant or its affiliate who performed geotechnical services for the EOR shall not be considered as a sub to the firm providing CEI services on the same project, in any capacity. DESIGN-BUILD CONTRACTS: The contractor or design professional cannot team, as a prime, with other firms to submit more than one bid per project. The secondary member (i.e., designer or contractor) of the design-build team cannot change, after award, without the written approval of the Department. A professional firm shall not be considered for CEI services, either as a prime or a sub, for a Design-Build contract for which the same firm or its affiliate is the EOR or is sub to the EOR. A consultant firm, its affiliate, or sub consultant that is under contract with the Local Agency to develop the RFP for a Design-Build contract cannot be part of a Design-Build Team proposing on that contract as a prime or a sub consultant. A consultant firm, its affiliate, or sub consultant that is under contract with the Local Agency to provide CEI services on the Design-Build contract cannot be part of a Design-Build Team proposing on that contract as a prime or sub consultant. A consultant or its affiliate, who was the prime EOR on a Design-Bid-Build project, where the project is switched to Design-Build, may participate on a Design-Build contract with the approval of the Department. The Department shall consider level of design (% completed) by the EOR, the number of component design plans by different EOR’s, etc.  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT 08/06 Page EXHIBIT “1” SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: FPID 428115-1-58-01 & 428115-1-68-01…………………………………………………………………$170,818 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the 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