Appendix-FDOT-Contract-Provisions.docx

APPENDIX C: FDOT CONTRACT REQUIREMENTS AND CERTIFICATIONS

These Standard Florida Department of Transportation (FDOT) Contract Requirements and Certifications are required to be submitted as a part of the BIDDER’s bid or offer to the Owner and become a part of the Contract Documents. By submitting an executed copy of these Standard FDOT Requirements and Certifications with its bid submittal in response to this Invitation, to BIDDER, successful BIDDER and CONTRACTOR acknowledges, agrees, and certifies the following:

Unless otherwise provided herein, CONTRACTOR shall insert the requirements and certifications contained herein into each subcontract, and further require that the clauses be included in all subsequent subcontracts, purchase order and/or rental agreement; notwithstanding the foregoing, CONTRACTOR is responsible for compliance with these requirements and certifications by any subcontractor, lower-tier subcontractor or service provider.

DEFINITIONS

The “Agency” means the Owner

“Department” or “FDOT” means the Florida Department of Transportation. “Vendor” means “Successful Bidder” or “Contractor.”

PUBLIC ACCESS TO RECORDS

The Vendor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes (public records), and made or received by the Vendor in conjunction with any contract and/or agreement with the Agency. Specifically, as it relates to this Contract, the Vendor shall:

1. Keep and maintain public records that ordinarily and necessarily would be required by the Department to perform the services provided by the Vendor.

2. Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.

4. Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Vendor upon the termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department.

FDOT REQUIREMENTS

FDOT-1

Failure by the Vendor to grant such public access shall be grounds for immediate unilateral cancellation of any agreement and/or contract by the Department. The Vendor shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of the Vendor and shall promptly provide the Department a copy of the Vendor’s response to each such request.

AUDITS AND INSPECTIONS

Vendors shall permit the Departments authorized representative to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the Project.

DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION

DBE Policy: It is the policy of the Department that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR 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 Project. The DBE requirements of applicable federal and state laws and regulations apply to this contract.

DBE Obligation: The Contractor agrees to ensure that DBE’s as defined in 49 CFR Part 26, as amended, have the opportunity to participate in the performance of this contract. In this regard, the Vendor shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform this contract. The contractor and their subcontractors shall not discriminate based on race, color, national origin or sex in the award and performance of this contract.

EQUAL EMPLOYMENT OPPORTUNITY

In connection with the carrying out of any work resulting from this Invitation to Bid, the Vendor shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex, or national origin. The Vendor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

The Vendor shall insert the foregoing provision modified only to show the contractual relationship in all its contracts in connection with the development or operation of the Project, except contracts for standard commercial supplies or raw materials. When the Project involves installation, construction, demolition, removal, site improvement, or similar work, the contractor shall post in conspicuous places available to employees and applicants for employment for Project work, notices to be provided by the Department setting forth the provisions of the non-discrimination clause.

TITLE VI - CIVIL RIGHTS ACT OF 1964

The Vendor will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 USC 2000d, et. seq), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Vendor pursuant thereto.

TITLE VIII - CIVIL RIGHTS ACT OF 1968

The Vendor will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, (42 USC 3601, et seq.,) which among other things, prohibits discrimination in employment based on race, color, national origin, creed, sex, and age.

AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)

The Contractor will comply with all the requirements imposed by the ADA (42 USC 12012. et. Seq.) the regulations of the federal government issued thereunder, and the assurance by the Contractor pursuant thereto.

PROHIBITED INTERESTS

In connection with this Invitation to Bid or any property included or planned to be included in the Project related to this Invitation to Bid, the Vendor certifies that neither it nor any officer director or employee of the Vendor, nor any business entity of which an officer, director or employee of the Vendor or any of the Vendor’s officer’s, director’s or employee’s spouse or child, or any combination of them, has a material interest.

“Material interest” means direct or indirect ownership of more than five (5) percent of the total assets of capital stock of any business entity.

The Vendor shall not enter into any subcontract or arrangement in connection with the Project or any property included or planned to be included in the project, with any person or entity who was represented before the Vendor by any person who at the time during the immediately preceding two (2) years was an officer, director or employee of the Vendor.

The provisions of this subsection shall not be applicable to any agreement between the Vendor and its fiscal depositories, any agreement for utility services, the rates for which are fixed or controlled by the government, or any agreement between the Vendor and an agency of state government.

INTEREST OF MEMBERS OF, OR DELEGATES TO, CONGRESS OR LEGISLATURE

The Vendor shall not permit a member or delegate to the Congress of the United States, or the State of Florida Legislature, to any share or part of the Contract or any benefit arising therefrom.

ENVIRONMENTAL REGULATIONS

The Vendor certifies that the Project will be carried out in conformance with all applicable environmental regulations included in the securing of any applicable permits. The Vendor will be solely responsible for any liability in the event of non-compliance with the applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith.

DEPARTMENT NOT OBLIGATED TO THIRD PARTIES

The Department shall not be obligated or liable hereunder to any party other than the Agency regarding this Project.

WHEN RIGHTS AND REMEDIES NOT WAIVED

In no event shall the making by the Department of any payment to the Vendor via 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 Vendor, 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.

SEVERABILITY

If any provision of this agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law.

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.

RESTRICTIONS ON LOBBYING

Federal Restrictions on Lobbying: The Vendor certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Vendor, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this agreement, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions.

(3) The Vendor shall require that the language of this section be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of the fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

and other remedies the federal government may deem appropriate. The penalties could include loss of the award and suspension or debarment as an institution from further federal funding.

State Restrictions on Lobbying: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch, or a state agency.

RESTRICTIONS, PROHIBITS, CONTROLS, AND LABOR PROVISIONS

During the performance of this Agreement, the Vendor agrees as follows, and shall require the following provisions to be included in each contract and subcontract entered into pursuant to this Agreement:

a. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity.

c. 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.

d. 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 two (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 Vendor shall insert in all contracts entered in connection with the Project or any property included or planned to be included in any Department funded Project, and shall require its subcontractors 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 Vendor and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.

E-VERIFY

The Vendor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Vendor during the term of the contract; and Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise use 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.

INSPECTOR GENERAL COOPERATION

The Vendor agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

COPYRIGHT RESTRICTIONS

No material prepared under this agreement shall be subject to copyright in the United States or any other country.

CONTRACTOR RESPONSIBILITIES

The contractor and all subcontractors shall insert these Required Provisions for FDOT funded Contracts in each lower tier contract (e.g., subcontract or sub-agreement) for this Project.

The contractor shall incorporate all applicable requirements of these Required Provisions for FDOT funded Contracts by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services for this Project.

The contractor shall be responsible for his/her compliance with these Required Provisions for FDOT funded Contracts, and for compliance by his/her subcontractors, lower-tier subcontractors, or service providers.