LAP-FDOT_Professional_Service_Supplemental_Conditions.pdf

FDOT POFESSIONAL SERVICES

SUPPLEMENTAL CONDITIONS

The following will apply for all projects and is incorporated by reference:

1. Section 287.055, F.S. “Consultants Competitive Negotiation Act” when acquiring a consultant using federal funds. Chapter 287 Section 055 - 2021 Florida Statutes - The Florida Senate (flsenate.gov)

2. FDOT “Project Development and Environmental Manual”. PD and E Manual (fdot.gov)

3. The Local Agency Program Manual. LAP Manual (fdot.gov)

1. Waiver of Breach. In no event shall the making by the Department of any payment to the City 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 City 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.

2. Conflict of Interest. No official or employee of a State or any other governmental instrumentality who is authorized in his official capacity to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any contract or subcontract in connection with a project shall have, directly or indirectly, any financial or other personal interest in any such contract or subcontract. No engineer, attorney, appraiser, inspector or other person performing services for a State or a governmental instrumentality in connection with a project shall have, directly or indirectly, a financial or other personal interest, other than his employment or retention by a State or other governmental instrumentality, in any contract or subcontract in connection with such project. No officer or employee of such person retained by a State or other governmental instrumentality shall have, directly or indirectly, any financial or other personal interest in any real property acquired for a project unless such interest is openly disclosed upon the public records of the State highway department and of such other governmental instrumentality, and such officer, employee or person has not participated in such acquisition for and in behalf of the State. It shall be the responsibility of the State to enforce the requirements of this section. 23 CFR 1.33

2.1. A contracting agency shall maintain a written code of standards of conduct governing the performance of their employees engaged in the award and

FDOT Professional Service Supplemental Conitions Page 1 https://flsenate.gov/Laws/Statutes/2021/287.055 https://flsenate.gov/Laws/Statutes/2021/287.055 https://www.fdot.gov/environment/pubs/pdeman/pdeman-current https://www.fdot.gov/environment/pubs/pdeman/pdeman-current https://www.fdot.gov/programmanagement/LAP/LAP-TOC.shtm https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=bd52dc463ac1b93c4af829fa2e30bb6f&term_occur=999&term_src=Title:23:Chapter:I:Subchapter:A:Part:1:1.33 administration of engineering and design related services contracts under this part and governing the conduct and roles of Consultant in the performance of services under such contracts to prevent, identify, and mitigate conflicts of interest in accordance with 2 CFR 200.112, 23 CFR 1.33 and the provisions of this paragraph.

2.2. No employee, officer, or agent of the contracting agency shall participate in selection, or in the award or administration of a contract supported by Federal-aid funds if a conflict of interest, real or apparent, would be involved. Such a conflict arises when there is a financial or other interest in the Respondent selected for award by:

2.2.1. The employee, officer, or agent;

2.2.2. Any member of his or her immediate family;

2.2.3. His or her partner; or

2.2.4. An organization that employs or is about to employ any of the above.

2.3. The contracting agency's officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Consultant, potential Consultant, or parties to sub agreements. A contracting agency may establish dollar thresholds where the financial interest is not substantial, or the gift is an unsolicited item of nominal value.

2.4. A contracting agency may provide additional prohibitions relative to real, apparent, or potential conflicts of interest.

2.5. To the extent permitted by State or local law or regulations, the standards of conduct required by this paragraph shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the contracting agency's officers, employees, or agents, or by Consultant or their agents.

2.6. A contracting agency shall promptly disclose in writing any potential conflict of interest to FHWA. 23 CFR 172.7(b)(4).

2.7. No member, officer or employee of the Recipient 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.

3. Determination of Allowable Costs in accordance with the Federal cost principles will be performed for services under this contract.

FDOT Professional Service Supplemental Conitions Page 2 https://www.ecfr.gov/current/title-2/section-200.112 https://www.ecfr.gov/current/title-23/section-1.33

4. Disadvantaged Business Enterprise (DBE). FDOT currently has a race neutral program goal of 10.54%. DBE terms and conditions are found under form 375-030-11, if applicable.

5. Engineer of Record. The City may not permit the Engineer of Record to perform Construction, Engineering and Inspection Services on the Project.

6 Federal Aid Contract Terms. FDOT Form 375-040-84 LAP Terms for Federal Aid Contracts is found in the submission questionnaire.

7. Federal Regulations. The City 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 Recipient and FHWA requires reimbursement of the funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement.

8. Inspector General. It is the duty of every state officer, employee, agency, special district, board, commission, respondent, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to section 20.055(5) F.S.

9. Lobbying. The City agrees that no federally-appropriated funds have been paid or will be paid by or on behalf of the City 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 City 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 City shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency.

10. Minimum Number of Responses. A minimum of three responses are needed for any solicitation funded by the Florida Department of Transportation. If three responses are not

FDOT Professional Service Supplemental Conitions Page 3 received this solicitation will be extended or reissued until such time when at least 3 responses are received.

11. Obligation. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement.

12. Performance. At the conclusion of this project, an evaluation of the Consultant's performance will be documented and submitted to FDOT. The Consultant will be evaluated in the following areas: Schedule, Management, and Quality. The Attachment 375-030-007 prescribes the process for evaluating and reporting Professional Services Consultant work performance. Attachment "Performance Evaluation of Consultant" assesses schedule and management.

12.1. Consultant performance evaluations are required for projects above category two (per Florida Statue 287.017, cat 2 is $35,000).

12.2. Form 375-030-007 addresses policy.

12.3. Form Performance Evaluation of Consultant addresses management & schedule.

13. Permits. The Consultant will be responsible for acquiring all required and applicable permits for the project for review and approval prior to construction.

14. Pre-Qualification. An FDOT prequalified Consultant is not required for projects under $250,000, or LAP Class D work. If this project is LAP Class A, B, or C the prequalified work classes will be mentioned in the advertisement found on page 3 of this document.

15. Restrictions, Prohibitions, Controls, and Labor Provisions. No member, officer, or employee of the City or of the locality during their tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds therefrom.

16. State Laws. Nothing in the Agreement shall require the City 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 Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the City to the end that the Recipient may proceed as soon as possible with the Project.

17. State/Local Preference. Local and state preference programs of any kind are not applicable to this project; should any language remain in this document they would not be applicable to this project.

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18. Subcontracting. The Consultant must perform at least 40% of the work of this Contract with the exception of Design-Build or IDIQ contracts which require the Consultant to perform 40% of the work.

With the Engineer’s acceptance of the request, the Consultant may sublet a portion of the work but shall perform with its own organization work amounting to not less than 40% of the total Contract amount.

19. Truth-In-Negotiations. Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump-sum or cost-plus-a-fixed fee professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for Category Four, the Department of Transportation (Department) requires the Respondent to execute FDOT form 375-030-030 and include it with the submittal of the Technical Proposal, or as prescribed in the contract advertisement.

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