County Roads (FS 336)

Question 1

Who does FS 336 apply to?

Answer 1

Counties only.

Question 2

Can Counties build their own roads w/ their own Staff?

Answer 2

Yes UNLESS unless funded from the proceeds of County’s 80-percent portion of the surplus of the constitutional gas tax. Then must bid.

Question 3

What is required if project is funded from the proceeds of County’s 80-percent portion of the surplus of the constitutional gas tax?

Answer 3

Competitively bid to lowest responsible bidder.
Cannot self hire.

Question 4

How must County advertise the project?

Answer 4

A. Advertise for bids in a newspp at least
B. 1 x wk for 2 wks.

Question 5

What exemptions are provided?

Answer 5

336 [County roads]

1. Emergs.
2. Sidewalks.
3. Small jobs. Const, repair, incl reseal of bridges + roads, not over 5% of gas tax surplus or $400k, whichever is greater.

Question 6

Can County use continuing Ks & design builds in their road building?

Answer 6

No.
Specifically allowed in 255.20 [public works] & 287 [CCNA] but not found in 336 [County roads].

Question 7

At what threshold amount may County require its road contractor to be qualified?

Answer 7

336 [County roads] 
-----------
$250k
-----------
Same as public roads in 255.20

Question 8

Who qualifies under County roads 336?

Answer 8

County. If approved, presumed qualified.
———–
note - in 255.20, FDOT approval = presumed qualified.

Question 9

When is road contractor not eligible to be qualified?

Answer 9

336 [County roads] 
-----------
If behind by 10% on a job FOR THAT SAME COUNTY at the time of advertising County's project.
-----------
Similar to as public roads in 255.20.

Question 10

What if any appeal process is required?

Answer 10

336 [County roads] 
-----------
Appeal process within LG w/ de novo review by circuit based on record below w/in 30 days.
-----------
Same as public roads in 255.20.

Question 11

How do 336 & 255.20 differ?

Answer 11

336 [County roads] / 255.20 [public roads]
-----------
336:
Bid only, no award.
County qualifies Ktor.
10% behind on job for County.
No timeline for Circuit review.
-----------
255.20:
Award
FDOT (if already preq) & County prequalify.
10% on any govt job.
30 day review by Circuit.

Question 12

336 [County roads] / 255.20 [public roads]
-----------
State how 336 & 255.20 are the same, re:
--- COMP BID (1 way)
------------ HIRE (2 ways)
---------------------PROCEDURE (3 ways)

Answer 12

HIRE:
1) Optional qualification. Focus on method of hiring.
2) 10% behind = ineligible.
———–
PROCEDURE:
1) Procedure + criteria require public hearing.
2) Mandatory appeal.
3) 336 + 255.20 + 287.55 = All short list

Question 13

Method of evaluation under 336.336.

Answer 13

336 [County roads]

1. Prequalification &
2. Short-listing.

Question 14

What invalidates short listing under 336?

Answer 14

336 [County roads]

1. Subjectivity was exactly what competitive solicitation was trying to avoid.
2. Awarded to “the lowest bidder among those contractors preferred by the selection committee.

Question 15

Per 255.20, if an award is based on price, then award goes to who?

Answer 15

Lowest Qualified and Responsive bidder.

Question 16

XXXX CHECK FOR MORE XXXXX
Which permit:
(1) Prequalification
(2) Short listing.

Answer 16

Public works, roads - 255.20

County roads - 336

Question 17

Define “county roads.”

Answer 17

336 COUNTY ROADS
-----------
UNINCORP:
1)  Collector & local roads.
---
INCORP:
1)  Extensions of collectors into incorp.
2)  All urban minor arterial roads not in the State Highway System.