NE Reservoir - Purchase and Installation of Barbed Wire Perimeter Fence with Land Clearing

The City of Cape Coral was incorporated in 1970 and operates under the Council/City Manager form of government. The City Council has eight members consisting of the mayor and seven members all elected at large on a nonpartisan basis. City Council is responsible for all policy-making functions of the government and retains the services of a City Attorney, City Auditor and City Manager. The City Manager is responsible for all administration of the City, which provides a comprehensive range of municipal services including general government, public safety, community services, public works, planning, utilities, and parks and recreation.

Cape Coral is the 8th largest city by population and the 3rd largest by land mass in Florida. Cape Coral currently has a population of more than 200,000 residents and is experiencing high growth. As a pre-platted community, Cape Coral could have more than 360,000 residents at buildout. The city has a sub-tropical lifestyle with thousands of waterfront residential properties on almost 400 miles of canals. About two-thirds of these canals provide boaters with direct access to the Gulf of Mexico.

Background

The City of Cape Coral’s NE Reservoir, located at 16470 South Tamiami Trail in Punta Gorda, is a critical utility asset encompassing approximately 1,400 acres. Due to the size and importance of the facility to the City’s water management and utility infrastructure, maintaining the integrity of the reservoir perimeter is a priority.

This project includes the purchase and installation of a four-foot (4-ft) high, three-strand barbed wire fencing supported by six-foot (6-ft) fence post , along with the land clearing necessary to establish a continuous fence line along approximately six (6) miles of the reservoir perimeter.

Project Details

• Reference ID: 2026-ITB-UT-004-SS
• Department: Procurement
• Department Head: Wanda Roop (Procurement Manager)

Important Dates

• Questions Due: 2026-04-24T18:00:00.000Z
• Pre-Proposal Meeting: 2026-04-22T14:00:00.000Z — City Hall, 2nd Floor, Room 220a

Meetings & Milestones

Evaluation Criteria

• RECORDS AND RETENTION —

  The Contractor or Consultant agrees to maintain such records and follow such procedures as may be required under the CDBG-DR Program and any such procedures as the City may prescribe. In general, such records will include information pertaining to the Agreement, obligations and unobligated balances, assets and liabilities, outlays, equal opportunity, labor standards (as appropriate), and performance.

  All such records and all other records pertinent to the Agreement and work or services performed thereunder shall be retained by the Contractor or Consultant for a period of three years after a final audit of the City’s CDBG-DR project unless a longer period is required to resolve the audit findings or litigation. In such cases, the City shall request a longer period of record retention.

• American Iron and Steel —

  COMPLIANCE WITH THE AMERICAN IRON AND STEEL (AIS).

  The Contractor acknowledges to and for the benefit of the City of Cape Coral (“Owner”) and the TBD that it understands the goods and services under this Agreement are being funded with federal monies and have statutory requirements commonly known as “American Iron and Steel;” that requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel Requirement”) including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and the Funding Authority that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Owner or the Funding Authority. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner or Funding Authority to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Owner or Funding Authority resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the Funding Authority or any damages owed to the Funding Authority by the Owner). If the Contractor has no direct contractual privity with the Funding Authority, as a lender or awardee to the Owner for the funding of its project, the Owner and the Contractor agree that the Funding Authority is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the Funding Authority.

• Responses to Remain Effective —

  Responses shall be effective for 120 days from Bid Opening Date or the Proposal Closing Date, and thereafter if accepted by the City for the term designated in this solicitation. By submitting a response you are in agreement with this timeframe. 

• NE Reservoir Perimeter Fence Installation —

  Background:

  The City of Cape Coral is seeking qualified contractors to furnish all labor, materials, equipment, supervision, and incidentals necessary to perform land clearing and installation of a perimeter barbed wire fence at the City’s NE Reservoir located at 16470 South Tamiami Trail, Punta Gorda, Florida.

  The work shall include establishing a continuous fence line along approximately 31,257 linear feet (approximately six miles) of the reservoir perimeter. The Contractor shall perform all work in accordance with the specifications, drawings, maps, and requirements outlined in this solicitation.

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  Land Clearing and Path Preparation

   

  The Contractor shall clear and prepare an approximately six-foot (6-ft) wide path along the designated fence alignment to allow for fence installation and long-term maintenance access. Clearing activities shall include removal of brush, vegetation, small trees, and other obstructions necessary to establish a continuous fence corridor.

  Clearing shall extend along approximately 31,257 linear feet of fence line. Organic materials generated during clearing operations may remain on site unless otherwise directed by the City.

  The Contractor shall take care to avoid unnecessary disturbance to surrounding areas and shall restore disturbed areas as necessary to complete the installation of the fence.

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  Fence Installation

   

  The Contractor shall furnish and install approximately 31,257 linear feet of four-foot (4-ft) high, three-strand barbed wire fencing along the designated reservoir perimeter.

  Fence installation shall include, but not be limited to:

  • Installation of six-foot (6-ft) wood fence posts, with approximately two feet (2-ft) installed below grade and four feet (4-ft) exposed above grade.

  • Installation of three (3) strands of barbed wire secured to posts using appropriate fasteners.

  • Installation of required H-bracing and corner bracing assemblies for fence stability.

  • Installation of associated hardware, U-nails, fasteners, and anchors required for a complete and functional fence system.

  • Removal and disposal of any existing field fence encountered along the alignment, including hauling away materials as required.

  Fence installation shall be performed in a manner that ensures proper tensioning, alignment, and durability suitable for long-term perimeter security.

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  Gates and Access Points

   

  The Contractor shall furnish and install access gates as required by the City, including:

  • One (1) 6-ft high by 20-ft wide double drive gate, including all required hardware.

  • Three (3) 6-ft high by 20-ft wide cantilever gates, including hardware and support systems.

  Gate installation shall include all necessary posts, bracing, hinges, and locking mechanisms to ensure proper operation and durability.

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  Fence Specifications

   

  The perimeter fence shall consist of a four-foot (4-ft) high, three-strand barbed wire cattle fence supported by six-foot (6-ft) posts, with approximately two feet (2-ft) of each post installed below grade and four feet (4-ft) exposed above grade.

  The fence system shall meet the following minimum requirements:

  • Fence Height: Four feet (4-ft) above finished grade

  • Posts: Minimum six-foot (6-ft) wood posts or approved equivalent

  • Post Spacing: Approximately 8–10 feet on center unless otherwise approved by the City

  • Wire: Three (3) strands of standard barbed wire installed horizontally along the fence line

  • Bracing: H-brace assemblies installed at fence corners, gate locations, and approximately every 650 feet or as necessary to maintain fence stability

  • Gates: Installed at locations designated by the City and including all required hardware and locking mechanisms

  • Alignment: Fence lines shall be straight, properly tensioned, and free from sagging

  All materials shall be new, durable, and suitable for agricultural or utility fencing applications. Installation shall follow standard industry practices to ensure long-term durability and performance.

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  Field Verification and Alignment

   

  The Contractor shall verify the proposed fence alignment in the field prior to installation. Minor adjustments to the fence alignment may be required to avoid trees, wetlands, drainage features, or other site conditions. Any significant deviations from the designated alignment shall be approved by the City prior to installation.

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  Utility Locates

   

  The Contractor shall be responsible for contacting Sunshine 811 and obtaining all required underground utility locates prior to performing any excavation or post installation activities. The Contractor shall take all necessary precautions to avoid damage to underground utilities.

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  Site Conditions

   

  The Contractor acknowledges that portions of the project area may contain uneven terrain, vegetation, or soft soil conditions typical of reservoir and agricultural environments. The Contractor shall include all necessary labor, equipment, and materials required to complete the fence installation under these conditions.

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  Maintenance Access and Setback

   

  The fence shall be installed in a manner that allows for routine vegetation management and maintenance activities along the reservoir perimeter. Where practical, the fence alignment shall maintain sufficient clearance to allow maintenance equipment access for mowing, trimming, and inspection. The Contractor shall coordinate fence placement with the City to ensure the fence does not obstruct designated maintenance routes or access points.

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  Post Spacing Adjustments

   

  Post spacing may be adjusted as necessary to accommodate terrain, grade changes, corners, and other site conditions. The Contractor shall ensure that fence posts, bracing, and wire tensioning are installed in accordance with standard industry practices to maintain proper fence alignment and structural stability.

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  Existing Fence Removal

   

  Where existing fencing is present along the proposed alignment, the Contractor shall remove and properly dispose of the existing fence, posts, and associated materials as required to complete installation of the new fence system. All removed materials shall be disposed of in accordance with applicable local, state, and federal regulations unless otherwise directed by the City.

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  Permits and Compliance

   

  The Contractor shall obtain all required permits and comply with all applicable local, state, and federal regulations associated with the work.

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  Warranty

   

  The Contractor shall provide a minimum one (1) year warranty covering workmanship and materials associated with the fence installation

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  Measurement and Payment

  Work under this project will generally be measured and paid based on the following units:

  Fence Installation:
  Fence installation will be measured and paid on a per linear foot (LF) basis. The unit price shall include all labor, materials, posts, wire, bracing assemblies, hardware, equipment, tools, supervision, and incidentals required to complete the fence installation in accordance with the contract documents.

  Land Clearing:
  Land clearing for the fence corridor will be measured and paid on a per linear foot (LF) basis along the designated fence alignment. The unit price shall include all labor, equipment, and materials necessary to clear an approximately six-foot (6-ft) wide path, including removal of vegetation and obstructions required to install the fence.

  Gates:
  Gates will be measured and paid per each (EA) installed and accepted by the City. The unit price shall include all posts, bracing, hardware, hinges, and locking mechanisms necessary for a complete installation.

  Existing Fence Removal:
  Removal and disposal of existing field fencing will be measured and paid on a per linear foot (LF) basis.

  Payment shall constitute full compensation for furnishing all labor, materials, equipment, supervision, and incidentals necessary to complete the work in accordance with the contract documents.

• Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards —

  This award is subject to the requirements of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards; Title 2 CFR Part 200 and 2 CFR Part 1500. 2 CFR 1500.2, Adoption of 2 CFR Part 200, states the EPA or FDEP adopts the Office of Management and Budget (OMB) guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to Non-Federal Entities (subparts A through F of 2 CFR Part 200), as supplemented by 2 CFR Part 1500, as the EPA or FDEP policies and procedures for financial assistance administration. 2 CFR Part 1500 satisfies the requirements of 2 CFR 200.110(a) and gives regulatory effect to the OMB guidance as supplemented by 2 CFR Part 1500. This award is also subject to applicable requirements contained in EPA or FDEP programmatic regulations located in 40 CFR Chapter 1 Subchapter B.

• LEGAL ENTITY —

  The Legal Entity Name of the Respondent must be provided on the respondent's submittal and all documents that are being submitted for the proposed goods or services requested in this solicitation. The Legal Entity Name will be used when creating the proposed goods or services contract between the Awarded Firm and the City.

• Definitions —

  Addenda are issued electronically prior to the closing of solicitations which clarify, correct, or change the solicitation Requirements of the Contract Documents.

  Additional Services: The term “Additional Services” shall refer to such services as the City may request and authorize, in writing, that the Supplier or Program Manager (PM) perform relative to an Agreement which has not been identified in the original Scope of Services. Additional services shall be authorized by the execution of both Parties of an Agreement as a "Change Order", "Amendment" or "Work Authorization" when Work Authorizations apply.

  Agreement: The written contract between City and Contractor covering the work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

  ARCHITECT/ENGINEERING (A/E) for this solicitation shall hereafter refer to City and/or City’s Engineering staff.

  Bid: The offer or proposal of the bidder setting forth the prices for the work to be performed.  Also referred to as “e-bid” or electronic bid.

  Change Order: Document recommended by A/E (which is signed by Contractor and/or Owner and authorizes an addition, deletion or revision in the work, or an adjustment in the Contract Price or the Contract Time.

  City: Shall be understood as referring to the City of Cape Coral, Florida.

  City Representative:  The term “City Representative” shall mean the person designated by the City (or their designee) to act on the City’s behalf with respect to the Program or Project and be the primary point of contact.

  Consultant: Provider of Services, can also be referred to as Proposer, FIRM, Consultant, Contractor or Awarded Firm.

  Construction Documents:  The term “Construction Documents” shall mean the written specifications, design drawings and other specified documents that provide the requirements of construction provided under an agreement  or Work Authorization.

  Contract Administrator: Wherever in the Contract the word “Contract Administrator” is used it shall be understood as referring to the Contract Administrator of the Owner, acting personally or through any assistants duly authorized in writing for such by the Owner.

  Contract Documents are the agreement, Addenda, Contractor’s response, except when it conflicts with any other contractual provision, the Notice to Proceed, the Bonds, this solicitation Package, these General Conditions, the Specification and Drawings, any Special Conditions, together with all Written Amendments, Change Orders, Work Change Directives or Field Orders.

  Contract Duration:  The term “Contract Duration” shall mean the for agreed upon calendar days that are specified in the agreement or Work Authorizations.  Can also be referred to as “Contract Time”.

  Contract Price is the monies payable by the City to the Contractor for completion of the work in accordance with the Contract Documents as stated in the Agreement or Work Authorization.

  Contract Time is the number of calendar days or the dates stated in the Agreement or Work Authorization.

  Contractor: Shall be understood as referring to the individual, corporation, or partnership whose name appears on the Contract.

  Days: As used in this Agreement, the term “days” means calendar day unless expressly stated otherwise

  Design-Build Firm: Provider of Services, can also be referred to as Proposer, FIRM, Consultant, Contractor or Awarded Firm

  Effective Date of the Agreement is the date indicated in the Agreement or Work Authorization on which it becomes effective, but if no such date is indicated it means the date on which the Agreement or Work Authorization is signed by the last party.

  Facility:  The term “Facility” is defined as any City owned property.

  Final Completion:  The term “Final Completion” is defined as the point when the full scope of work associated with any agreement or Work Authorization (WA) has been fully completed.

  Guaranteed Maximum Price:  The term “Guaranteed Maximum Price (GMA)” is defined as the contractual cost established by the Contractor or Program Manager and accepted by the City for an agreement or Work Authorization (WA).

  MBE/WBE/SBE: Minority Business Enterprise/Women Business Enterprise/Small Business Enterprise.  A certified minority business enterprise  is defined by Florida Small and Minority Business Assistance Act of 1985.  If applicable, the primary proposing firm should submit the Certified Minority Business (MBE – Minority Business Enterprise/WBE - Women Business Enterprise/ SBE – Small Business Enterprise) certification documentation.

  Notice to Proceed:  The term “Notice to Proceed (NTP)” is defined as written notification by the owner or representative to start work and establishes the commencement of time for the agreement or Work Authorization (WA).

  Owner: Wherever in the Contract Documents the word “Owner” is used it shall be understood as referring to the City.

  Program: The term "Program" is all planning, budgeting, administration, scheduling, inspection, coordination, management, permitting, design, construction management, construction, and start-up services associated with all of the individual Work Authorizations to be identified and authorized in order to implement the Program, to the extent authorized by the City pursuant to this Agreement.

  Program Manager: The term “Program Manager” (PM) shall refer to the business entity which the enters into this agreement with the City and is responsible for all services required of this agreement or Work Authorization.

  Program Team: The term “Program Team” shall refer to the PM and its consultants, contractors and the City.

  Quote: The offer or proposal of the quoter setting forth the prices for the work to be performed or goods to be purchased.  Also referred to as “e-bid” or electronic quote.

  Respondent or Responder:  The term "Respondent" or "Responder" refers to the submitting party that submits a bid, proposal or quote in response to a solicitation.

  Response: The term "Response" shall refer to the submitting party's reply to the solicitation issued.

  RFP: Request for Proposal.

  Services: The term “Services” refers to the scope of work listed in the Contract Documents and Exhibits.

  Solicitation: The term "Solicitation" shall refer to an Invitation to Bid, a Request for Proposal, a Request for Qualifications, a Formal Quote, or any other request that is issued through the OpenGov system.

  Subcontractor:  as employed herein, includes only those that have a direct contract with the Consultant or Contractor and it includes one who furnishes material worked to a special design according to the plans and specifications of this work, but does not include one who merely furnishes material not so worked.

  Substantial Completion:  The term “Substantial Completion” shall mean the date when all construction and/or other work required for the agreement or Work Authorization is sufficiently complete in accordance with the approved Construction Documents so that the City can take beneficial occupancy and utilization of such work (or a portion thereof designated by the City) for the use for which it is intended.

  Term: The term of any agreement resulting from the Request for Proposal (RFP) will expire at the conclusion of this project’s agreed upon final completion and certification.

  Work Authorization:  The term “Work Authorization” is for the design and/or construction and/or operations startup and/or other services associated with one or more of the facility improvements and or those services as provided in Exhibit "A" and shall include, when appropriate, all design services and/or all labor, material and equipment to be used or incorporated into the improvements.

  Wherever in the Contract Documents the word “Owner” is used it shall be understood as referring to the City.  Wherever the word “Contractor” is used it shall be understood as referring to the individual, corporation or partnership whose name appears on the Contract.  Wherever in the Contract the word “A/E or Contract Administrator” is used it shall be understood as referring to the A/E or Contract Administrator of the Owner, acting personally or through any assistants duly authorized in writing for such by the Owner.

  Contractor shall receive a written Notice to Proceed along with a Purchase Order.

  The term “Subcontractor” as employed herein, includes only those that have a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans and specifications of this work, but does not include one who merely furnishes material not so worked.

• DBE BID PACKAGE INFORMATION —

  DBE Utilization
  The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal/State contracts; however, the Department has an overall 10.54% DBE goal it must achieve. In order to assist contractors in determining their DBE commitment level, the Department has reviewed the estimates for this letting.

  As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the low bidder executes the contract with the Department, information will be requested of the contractor’s DBE participation for the project. While the utilization is not mandatory in order to be awarded the project, continuing utilization of DBE firms on contracts supports the success of Florida’s DBE Program, and supports contractors’ Equal Employment Opportunity and DBE Affirmative Action Programs.

  Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A 0% DBE availability may have been established due to any of the following reasons: limited identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged to identify any opportunities to subcontract to DBE’s.

  Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this information.

  DBE Reporting
  If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity Compliance system prior to the pre-construction or pre-work conference for all federal and state funded projects. This will not become a mandatory part of the contract. It will assist the Department in tracking and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required to report actual payments to DBE and MBE subcontractors through the web-based Equal Opportunity Compliance (EOC) system.

  All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any questions, please contact EOOHelp@dot.state.fl.us.

  Bid Opportunity List
  The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE’s and non-DBEs.

  Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3 business days of submission of the bid or proposal for ALL subcontractors or sub-consultants who quoted to you for specific project for this letting. The web address to the Equal Opportunity Compliance system is: https://www.fdot.gov/equalopportunity/eoc.shtm.

  DBE/AA Plans
  Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT Form 275-030-11B) on file with the FDOT Equal Opportunity Office before execution of a contract. DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior to the award of the contract.

  Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a (3) three year period and should be updated at anytime there is a change in the company’s DBE Liaison Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a change in the designated DBE Liaison officer as follows:

  • Print the first page of the document on company stationery (“letterhead”) that indicates the company’s name, mailing address, phone number, etc.
  • Print the company’s name in the “___” space; next to “Date” print the month/day/year the policy is being signed; record the signature of the company’s Chief Executive Officer, President or Chairperson in the space next to “by” and print the full first and last name and position title of the official signing the policy.
  •  Print the DBE Liaison’s full name, email address, business mailing address and phone number the bottom of email.

  E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fl.us.

  The Department will review the policy, update department records and issue a notification of approval or disapproval; a copy of the submitted plan will not be returned to the contractor.

• TRUTH IN NEGOTIATION CERTIFICATION —

  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 Consultant to execute this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract advertisement.

  The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the compensation for this project’s agreement are accurate, complete, and current at the time of contracting.

  The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such agreement adjustments shall be made within (1) year following the end of the contract. For purposes of this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department, whichever is later.

• Establishing and Managing Subawards —

  If the recipient chooses to pass funds from this assistance agreement to other entities, the recipient must comply with applicable subaward provisions of 2 CFR Part 200 and the EPA or FDEP Subaward Policy.

  As a pass-through entity, the recipient agrees to:

  1. Select subrecipients and conduct subaward competitions, as appropriate, using a system that properly differentiates between subrecipients and procurement contractors consistent with the differentiating characteristics explained in 2 CFR 200.331 and EPA’s or FDEP's supplemental guidance in Appendix A of the EPA or FDEP Subaward Policy.
  2. Verify that the potential subrecipient is not excluded or disqualified in accordance with the verification methods provided in 2 CFR 180.300, such as confirming in SAM.gov that a potential subrecipient is not suspended, debarred, or otherwise excluded from receiving Federal funds.
  3. Establish and follow a system that ensures all subaward agreements are in writing and contain all of the elements required by 2 CFR 200.332(b). EPA has developed a template for subaward agreements that is available in Appendix D of the EPA Subaward Policy.
  4. Prior to making subawards, ensure that each subrecipient has a “Unique Entity Identifier” (UEI). The UEI is required by 2 CFR Part 25 and 2 CFR 200.332(b). Subrecipients are not required to complete full System for Award Management (SAM.gov) registration to obtain a UEI. Information regarding obtaining a UEI is available at the System for Award Management (SAM.gov) Internet site: https://sam.gov/ in the General Condition of the pass-through entity’s agreement with EPA entitled “System for Award Management and Universal Identifier Requirements” T&C of the pass-through entity’s agreement with the EPA or FDEP.
  5. Ensure that subrecipients are aware of the requirements that apply to the subaward, including those that flow down from the recipient, as required by 2 CFR 200.332(b)and monitor the activities of the subrecipient to ensure compliance with these requirements per 2 CFR 200.332(e). These requirements include, among others:
     1. Title VI of the Civil Rights Act and other Federal statutes and regulations prohibiting discrimination in Federal financial assistance programs, as applicable, including provisions protecting free speech, religious liberty, public welfare, and the environment per 2 CFR 200.300(a), as well as regulations, including 2 CFR 200.300(b) prohibiting discrimination based on sex.
     2. Reporting Subawards and Executive Compensation under Federal Funding Accountability and Transparency Act (FFATA) set forth in the General Condition pass-through entity’s agreement with EPA or FDEP entitled “Reporting Subawards and Executive Compensation.”
     3. Limitations on individual consultant fees as set forth in 2 CFR 1500.10 and the General Condition of the pass-through entity’s agreement with EPA of FDEP entitled “Consultant Fee Cap.”
     4. EPA’s or FDEP's prohibition on paying management fees as set forth in General Condition of the pass-through entity’s agreement with EPA or FDEP entitled “Management Fees.”
     5. The Procurement Standards in 2 CFR Part 200 including those requiring competition when the subrecipient acquires goods and services from contractors (including consultants) and Domestic preferences for procurements at 2 CFR 200.322.
     6. Other statutes, regulations and Executive Orders that may apply to subawards are described at Information on Requirements that Pass-Through Entities must “Flow Down” to Subrecipients. Many Federal requirements are agreement- or program-specific, and EPA or FDEP encourages passthrough entities to review the terms of their assistance agreement carefully and consult with their EPA or FDEP Project Officer for advice if necessary.
  6. Establish and follow a system for evaluating subrecipient fraud risk and risk of noncompliance with a subaward to determine the appropriate monitoring described at 2 CFR 200.332(c) and consider whether, based on the evaluation of risk, additional monitoring tools may be useful as described in 2 CFR 200.332(f). When evaluating a subrecipient’s risk, a pass-through entity should consider:
     1. The subrecipient’s prior experience with same or similar subawards;
     2. Results of previous audits, including considering whether the subrecipient receives a Single Audit, in accordance with 2 CFR Part 200, Subpart F and the extent to which the same or similar subawards have been audited as a major program;
     3. Whether the subrecipient has new personnel or new or substantially change systems, and
     4. The extent and results of any Federal agency monitoring (for example, if the subrecipient also receives Federal/State awards directly from the Federal/State agency).
  7. Establish and follow a process for deciding whether to implement specific conditions in subawards based on risk factors, as described in 2 CFR 200.208,and notify EPA or FDEP of the specific conditions as required by 2 CFR 200.332(d). Examples of specific conditions, per 2 CFR 200.208, may include:
     1. Requiring payments as reimbursements rather than advance payments; 
     2. Withholding authority to proceed to the next phase until receipt of evidence of acceptable
        performance;
     3. Requiring additional or more detailed financial reports;
     4. Requiring additional or project monitoring;
     5. Requiring the recipient or subrecipient to obtain technical or management assistance; or Establishing additional prior approvals.
  8. Establish and follow a system for monitoring subrecipient performance that includes the elements required at 2 CFR 200.332(e), such as reviewing financial and performance reports, and report the results of the monitoring in performance reports as provided in the reporting terms and conditions of this agreement.
  9. Ensure that a subrecipient provides a plan for and takes corrective action on all significant developments that negatively affect the subaward. Per 2 CFR 200.332(e)(2), significant developments include Single Audit findings related to the subaward, other audit findings, site visits, and written notifications from a subrecipient of adverse conditions that will impact their ability to meet the milestones or objectives of the subaward.
  10. Establish and maintain an accounting system which ensures compliance with the $50,000 limitation at 2 CFR 200.1, Modified Total Direct Costs, if applicable, on including subaward costs in Modified Total Direct Costs for the purposes of distributing indirect costs. Recipients with Federally approved indirect cost rates that use a different basis for distributing indirect costs to subawards must comply with their Indirect Cost Rate Agreement. 
  11. Work with EPA’s or FDEP's Project Officer to obtain the written consent of EPA’s or FDEP's Office of International and Tribal Affairs (OITA) prior to awarding a subaward to a foreign or international organization or a subaward to be performed in a foreign country, even if that subaward is described in a proposed scope of work.
  12. Obtain prior written approval from the EPA’s or FDEP's Award Official for any subawards or subaward activities that are not described in the approved work plan in accordance with 2 CFR 200.308. As provided in 2 CFR 200.308(f)(6), recipients must obtain prior approval to change a named subrecipient from the EPA or FDEP Award Official if the pass-through entity described the original subrecipient’s qualifications and/or performance history in the competitive application. Recipients must contact their Project Officer to begin the prior approval process.
  13. Obtain prior written approval from the EPA’s or FDEP's Award Official before awarding a subaward to an individual if the EPA or FDEP-approved scope of work does not include a description of subawards to individuals.
  14. Establish and follow written procedures under 2 CFR 200.302(b)(7) for determining that subaward costs are allowable in accordance with 2 CFR Part 200, Subpart E and the terms and conditions of this award. These procedures may provide for allowability determinations on a pre-award basis, through ongoing monitoring of costs that subrecipients incur, or a combination of both approaches provided the pass-through
      entity documents its determinations.
  15. Verify that the subrecipient is audited, as applicable, per 2 CFR part 200, Subpart F, and establish and maintain a system under 2 CFR 200.332(g) and 2 CFR 200.521 for issuing management decisions for audits of subrecipients that relate to the Federal award from the recipient. The recipient remains accountable to EPA or FDEP for ensuring that unallowable subaward costs initially paid by EPA or FDEP are either reimbursed or offset with allowable costs, regardless of whether the recipient recovers those costs from the subrecipient.
  16. As provided in 2 CFR 200.333, pass-through entities must obtain EPA or FDEP approval to make fixed amount subawards. Recipients should consult with their EPA or FDEP Project Officer regarding how to obtain EPA or FDEP approval.

  By accepting this award, the recipient is certifying that it either has systems in place to comply with the requirements described in Items 1 through 16 above or will refrain from making subawards until the systems are designed and implemented.

  Subawards to Federal Agencies – Clarity on Applicable EPA or FDEP Terms and Conditions: If the subrecipient is a Federal agency, the only  provisions of the EPA or FDEP General Terms and Conditions implementing 2 CFR Part 200 on subawards that apply are: (1) the requirement for the Federal agency to obtain a Unique Entity Identifier (UEI) in accordance with 2 CFR Part 25 as described in Item 4 above and (2) the requirement for the recipient to report on first-tier subawards as described in EPA General Term and Condition 15.1, “Reporting of first tier subawards.” 

  As provided within 2 CFR 200.101(a)(2), all other provisions of 2 CFR Part 200, Subparts A through E, do not apply to subawards with federal agencies. Transactions between the recipient and the Federal agency subrecipient will begoverned by the Federal agency subrecipient’s cost reimbursement agreement with the recipient.

• Contract Time —

  The number of calendar days after the stipulated date of commencement in the Notice to Proceed within which, or the date by which, the Work is to be completed (the Contract Time) is set forth below and will be included in the fully executed Agreement.

  This contract will be for 180 calendar days from the commencement date indicated in the Notice to Proceed.

• ACCESS TO RECORDS AND SITE WHERE APPROPRIATE —

  The City and other authorized representatives of the county and federal government shall have access to any books, documents, papers, and records of the Contractor or Consultant that are directly pertinent to the Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The Contractor or Consultant agrees to provide the City, Lee County, the federal agencies with interest in the Agreement or any of the activities undertaken pursuant thereto, or their authorized representatives access to construction or other work sites, if any, pertaining to the work being completed under this Agreement.

• INVITATION TO BID —

  NOTICE IS HEREBY GIVEN that the City of Cape Coral, Florida is advertising for sealed responses.  All items included in the electronic solicitation are a part of this solicitation and by reference are made a part thereof. 

  In the event of any conflict between this solicitation and City of Cape Coral Ordinance, the provisions of the Ordinance shall prevail. 

• Code of Federal Regulations (CFR) Title 2 Part 200 —

  2 CFR. 200.317 thru 200.326 as described in Appendix II to Part 200 – Contract Provisions for nonfederal Entity Contracts Under Federal Awards, FEMA Public Assistance Program and Policy Guide, FEMA 325 Debris Management Guide, FEMA Recovery Policy 9500 series; FEMA FP104-009-2 – Public Assistance Program & Policy Guide – Jan 2016; 23 CFR. 635B and any other Federal rule, regulation or policy relating to disaster debris.

• CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSIONLOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS —

  It is certified that neither the respondent nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

  Instructions for Certification - Lower Tier Participants:
  (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)
  a. By signing and submitting the certification located under the Supplier Acknowledgement section with this proposal, the prospective lower tier is providing the certification set out below.

  b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

  c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.

  d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

  e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

  f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

  g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

  h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

  i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

• Contract Term —

  The Term of the Contract shall be for (enter years) with the option for (# of renewals) additional one-year periods if mutually agreed upon.

• Recipient Integrity and Performance Matters – Reporting of Matters Related to Recipient Integrity and Performance —

  1 General Reporting Requirement

  If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to SAM.gov that is made available in the designated integrity and performance system (currently the responsibility/qualification information) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.

  2 Proceedings About Which You Must Report

  Submit the information required about each proceeding that:

  1. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
  2. Reached its final disposition during the most recent five-year period; and
  3. Is one of the following:
     1.  A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;
     2. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
     3. . An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
     4. Any other criminal, civil, or administrative proceeding if:
        1. It could have led to an outcome described in paragraph 16.2.c.1, 16.2.c.2, or 16.2.c.3 of this award term and condition; 
        2. 2.c.4.2. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
        3. 2.c.4.3. The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.

  3 Reporting Procedures

  Enter in SAM.gov Entity Management area the information that SAM.gov requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM.gov because you were required to do so under Federal procurement contracts that you were awarded.

  4 Reporting Frequency

  During any period of time when you are subject to the requirement in paragraph 16.1 of this award term and condition, you must report proceedings information through SAM.gov for the most recent five-year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.

  5 Definitions

  For purposes of this award term and condition: 

  1. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a  Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.
  2. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. 
  3. Total value of currently active grants, cooperative agreements, and procurement contracts includes – 16.5.c.1. Only the Federal share of the funding under any Federal award with a recipient cost share or match; and 16.5.c.2. The value of all expected funding increments under a Federal award and options, even if not yet exercised.
• REMEDIES —

  In the event the consultant/contractor fails to satisfactorily perform or has failed to adhere to the terms and conditions under this Agreement, the City may, upon fifteen (15) calendar days provide written notice to the consultant/contractor and upon the consultant’s/contractor’s failure to cure within those fifteen (15) calendars days, exercise any one or more of the following remedies, either concurrently or consecutively:

  • Withhold or suspend payment of all or any part of a request for payment.
  • Require that the consultant/contractor to refund to the City any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds.
  • Exercise any corrective or remedial actions, to include but not be limited to:
  • Requesting additional information from the consultant/contractor to determine the reasons for or the extent of noncompliance or lack of performance;
  • Issuing a written warning to advise that more serious measures may be taken if the situation is not corrected;
  • Advising the consultant/contractor to suspend, discontinue or refrain from incurring costs for any activities in question; or
  • Requiring the consultant/contractor to reimburse the City for costs incurred for any items determined to be ineligible.
  • Remedies. Unless otherwise provided by the contract, all claims, counterclaims, disputes and other matters in question between the City and the selected firm arising out of or relating to the contract between the parties, or the breach of it, that cannot be resolved by and between the parties after conferring in good faith, will be decided by a court of competent jurisdiction pursuant to Florida law. If such dispute is in state court, venue shall be in the Twentieth Judicial Court in Lee County, Florida. If in federal court, venue shall be in the U.S. District Court for the Middle District of Florida, Ft. Myers Division.

  OTHER REMEDIES AND RIGHTS:

  Pursuing any of the above remedies will not keep the City from pursuing any other rights or remedies, which may be otherwise available under law or in equity. If the City waives any right or remedy in this solicitation and/or subsequent agreement or fails to insist on strict performance by the consultant/contractor, it will not affect, extend, or waive any other right or remedy of the City, or affect the later exercise of the same right or remedy by the City for any other default by the respondent.

  APPLICABLE FEDERAL REQUIREMENTS - 2 C.F.R Part 200, APPENDIX II:

  Remedies: Unless otherwise provided by the Contract, all claims, counterclaims, disputes, and other matters in question between the City and the consultant/contractor arising out of or relating to the Contract Agreement between the parties, or the breach of it, which cannot be resolved by and between the parties after conferring in good faith, will be decided by a court of competent jurisdiction pursuant to Florida law. If such dispute is in state court, venue shall be in the Twentieth Judicial Circuit Court in and for Lee County, Florida. If in federal court, venue shall be in the U.S. District Court for the Middle District of Florida, Ft. Myers Division.

  Remedies - Assistance to Firefighters Grant (AFG) Program:

  For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG-funded vehicle, regardless of dollar amount. This contract includes a clause addressing that non-delivery by the contract’s specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of god. AFG recipients should refer to the applicable year’s Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at FEMA.gov.

• AUDIT —

  The City, the County Auditor, and HUD or their delegates shall have the right to review and monitor the financial and other components of the work and services provided and undertaken as part of the CDBG-DR project and the Agreement by whatever legal and reasonable means are deemed expedient by the City, the County Auditor, and HUD.

• SOLICITATION OVERVIEW —

  NOTICE IS HEREBY GIVEN that the City of Cape Coral, Florida is issuing this Solicitation through its electronic procurement system. All documents and items included in the electronic Solicitation are incorporated herein by reference. 

  By submitting a response, the Respondent agrees to comply with all Terms and Conditions contained herein. In the event of a conflict between this Solicitation and City ordinances or applicable law, such ordinances and laws shall prevail.

  The Legal Entity Name of the Respondent must be provided on all submission documents and will be used in any resulting contract.

• CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS —

  The prospective participant certifies, by signing the certification located under the Supplier Acknowledgement section, that to the best of his or her knowledge and belief:

  (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, 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 undersigned shall require that the language of this certification 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.

  This certification is a material representation of 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 into 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.

  The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

• COMPLIANCE WITH LAWS AND INDEMNIFICATION —

  The Agreement is funded in whole or in part with CDBG funds through the City’s Community Development Block Grant Program as administered by the Lee County’s United States Department of Housing and Urban Development (HUD) award. The Contractor or Consultant shall comply with those regulations and restrictions normally associated with federally funded programs and any other requirements that the county may prescribe, whether herein recited. The Contractor or Consultant shall comply with all applicable laws, ordinances and codes of the county and local government. The Contractor or Consultant shall indemnify and hold the City, its officials, agents, and employees harmless with respect to any damages arising or alleged to arise from any act performed by the Contractor or Consultant or which should have been performed by the Contractor or Consultant in performing any of the obligations under the Agreement.

• TERMINATION FOR CAUSE AND CONVENIENCE —

  The City may determine by written notice to the consultant/contractor, to terminate this Project/Agreement with or without cause, in whole or in part, when the City determines in its sole discretion that it is in the City's best interest to do so.

  In the event of termination, the consultant/contractor will not incur any new obligations for the terminated portion of the Agreement after the Consultant/Contractor has received notification of termination.

  Pursuant to the above, when federal funds are expended by City of Cape Coral (City), City reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions.

  City reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days’ notice in writing to the awarded vendor.

  The vendor would be compensated for work, which is satisfactorily performed, inspected and for goods procured as of the termination date, if for convenience of the City, providing the price/payment is agreed upon. Such payment, for work, however, may not exceed the amount allotted to the portion of completed work as outlined in the Agreement price. All work in progress shall become the property of the City and shall be turned over promptly by the vendor to City Staff, along with any records, documents or files that may be required. Any award under this procurement process is not exclusive and the City reserves the right to purchase goods and services from other vendors when it is in the best interest of the City.

• Indirect Cost Rate Agreements —

  This term and condition provides requirements for recipients using EPA or FDEP funds for indirect costs and applies to all EPA or FDEP assistance agreements unless there are statutory or regulatory limits on IDCs. See also EPA’s or FDEP's Indirect Cost Policy for Recipients of EPA or FDEP Assistance Agreements (IDC Policy).

  In order for the assistance agreement recipient to use EPA or FDEP funding for indirect costs, the IDC category of the recipient’s assistance agreement award budget must include an amount for IDCs and at least one of the following must apply:

  • With the exception of “exempt” agencies and Institutions of Higher Education as noted below, all recipients
    must have one of the following current (not expired) IDC rates, including IDC rates that have been extended
    by the cognizant agency:
    • Provisional
    • Final
    • Fixed rate with carry-forward
    • Predetermined
    • Grants awarded before October 1, 2024 - 10% de minimis rate of modified total direct costs authorized by 2 CFR 200.414(f)
    • Grants awarded on or after October 1, 2024 – up to a 15% de minimis rate of modified total direct costs authorized by 2 CFR 200.414(f)
    • Grants amended to incorporate the October 2024 Revisions to 2 CFR 200 – up to a 15% de minimis rate of modified total direct costs authorized by 2 CFR 200.414(f), effective as of the date of the amendment and going forward, cannot be applied retroactively
    • EPA or FDEP-approved use of an expired fixed rate with carry-forward on an exception basis, as detailed in section 6.4.a. of the IDC Policy
  • “Exempt” state of local governmental departments or agencies are agencies that receive up to and including $35,000,000 in Federal funding per the department or agency’s fiscal year and must have an IDC rate proposal developed in accordance with 2 CFR Part 200, Appendix VII, with documentation maintained and available for audit.
  • Institutions of Higher Education must use the IDC rate(s) on the approved rate agreement in place at the time of award during the life of the assistance agreement (unless the rate was provisional at time of award, in which case the rate will change once it becomes final). As provided by 2 CFR Part 200, Appendix III(C)(7), the term “life of the assistance agreement”, means each competitive segment of the project. If negotiated rate agreements do not extend through the life of the Federal award at the time of the initial award, then the negotiated rate for the last year of the Federal award must be extended through the end of the award. Additional information is available in the regulation.

  IDCs incurred during any period of the assistance agreement that are not covered by the provisions above are not allowable costs and must not be drawn down by the recipient. Recipients may budget for IDCs if they have submitted a proposed IDC rate to their cognizant Federal agency, or requested an exception from EPA or FDEP under subsection 6.4 of the IDC Policy. However, recipients may not draw down IDCs until their rate is approved, if applicable, or EPA or FDEP grants an exception. IDC drawdowns must comply with the indirect rate corresponding to the period during which the costs were incurred. If the recipient’s indirect cost rate has not been finalized within one year after the period of performance ends, the EPA or FDEP Grants Management Officer is authorized to close the recipient’s award using their most recently negotiated rate per 2 CFR 200.344(h).This term and condition does not govern indirect rates for subrecipients or recipient procurement contractors under EPA or FDEP assistance agreements. Pass-through entities are required to comply with 2 CFR 200.332(b)(4)(i) and (ii) when establishing indirect cost rates for subawards.

• TERM —

  The term of any agreement resulting from this Solicitation. Unless otherwise stated, shall remain in effect until the agreed upon final completion and fulfillment of all contractual obligations.

• License Requirement —

  The contractor shall be properly licensed, registered, or otherwise legally authorized to perform the work required under this contract in the State of Florida.

• DISCLOSURE OF LOBBYING ACTIVITIES —

  The disclosure form, located under the Supplier Acknowledge sections, shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

  1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
  2. Identify the status of the covered Federal action.
  3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.
  4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
  5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.
  6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
  7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
  8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
  9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
  10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.
      (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
  11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
• CONTRACT - (Purchase Orders) —

  The City of Cape Coral may require the awarded firm(s) to execute written contract(s) prior to the issuance of a purchase order. 

• Liquidated Damages —

  The work to be performed under this Agreement may be subject to liquidated damages as identified in the technical specifications. The Contract time will commence on the day indicated in the Notice to Proceed. A formal Notice to Proceed shall be issued within thirty (30) days after the Effective Date of the Agreement. Liquidated damages will be assessed in the amount of $XX per calendar day for each day that the contract is not completed within XX calendar days of the commencement date indicated in the Notice to Proceed.

  (Delete what is not needed or Add additional)
  - Any work not completed beyond the completion date indicated in the contract: $XX per calendar day.
  - Temporary repairs of traffic signals or detection loops not completed within six (6) hours from initial interruption of service: $XX per calendar day.
  - Permanent repairs of traffic signals or detection loops not completed within seventy-two (72) hours from initial interruption of service: $XX per calendar day.
  - Any work within the limits of intersection thirty (30) days from initiating construction in the intersection: $XX percalendar day.

• EQUAL OPPORTUNITY EMPLOYMENT —

  Any contract that uses federal funds to pay for construction work is a "federally assisted construction contract" and must include the equal opportunity clause found in 2 C.F.R. Part 200, unless otherwise stated in 41 C.F.R. Part 60 (2 C.F.R. Part 200, Appendix II, § C).

  The regulation at 41 C.F.R. § 60-1.4(b) requires, except as otherwise provided or exempted in 41 C.F.R. Part 60, the insertion of the following contract clause: During the performance of this contract, the contractor agrees as follows:

  During the performance of this project, the respondent agrees as follows:

  1. The consultant/contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The consultant/contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, 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 respondent agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
  2. The consultant/contractor will, in all solicitations or advertisements for employees placed by or on behalf of the consultant/contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
  3. The consultant/contractor will not discharge or in any other manner discriminate against any employee, or applicant for employment, because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the respondent's legal duty to furnish information.
  4. The consultant/contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the respondent's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
  5. The consultant/contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
  6. The consultant/contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
  7. In the event of the consultant’s/contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the respondent may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
  8. The consultant/contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant/subcontractor or vendor. The consultant/contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

  Provided, however, that in the event a respondent becomes involved in, or is threatened with, litigation with a subconsultant/subcontractor or vendor as a result of such direction by the administering agency, the consultant/contractor may request the United States to enter such litigation to protect the interests of the United States.

  The Applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

  The Applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of consultant/contractor and subconsultants/subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

  The Applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a consultant/contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon consultant/contractor and subconsultant/subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

• Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law —

  This award is subject to the provisions contained in an appropriations act(s) which prohibits the Federal Government from entering into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation having a delinquent Federal tax liability or a felony conviction under any Federal law, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. A “corporation” is a legal entity that is separate and distinct from the entities that own, manage, or control it. It is organized and incorporated under the jurisdictional authority of a governmental body, such as a State or the District of Columbia. A corporation may be a for-profit or non-profit organization. 

  As required by the appropriations act(s) prohibitions, the Government will not enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee with any corporation that — (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

  By accepting this award, the recipient represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and it is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

  Alternatively, by accepting this award, the recipient represents that it disclosed unpaid Federal tax liability information and/or Federal felony conviction information to the EPA of FDEP. The recipient may accept this award if the EPA or FDEP Suspension and Debarment Official has considered suspension or debarment of the corporation based on tax liabilities and/or Federal felony convictions and determined that suspension or debarment is not necessary to protect the Government’s interests.

  If the recipient fails to comply with this term and condition, EPA or FDEP will annul this agreement and may recover any funds the recipient has expended in violation of the appropriations act(s) prohibition(s). The EPA or FDEP may also pursue other administrative remedies as outlined in 2 CFR 200.339 and 2 CFR 200.340 and may also pursue suspension and debarment.

• FLORIDA CIVIL RIGHT ACT —

  The Contractor or Consultant shall comply with Florida Statute 760, which states that the contractor shall comply with the Florida Civil Rights Act of 1992, which states that individuals in the state are free from discrimination because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

• DAVIS BACON ACT (IF APPLICABLE) —

  This statute requires that contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in the Secretary of Labor’s wage determination. Additionally, contractors are required to pay wages at least once per week. Additional requirements are listed below, and relevant definitions are at 29 C.F.R. § 5.2. Recipients and subrecipients should refer to the applicable NOFO or other program guidance or contact their applicable FEMA, EPA, FDEP, HMGP or other Federal Entity grant representative for additional information on how to implement this requirement.

  When required by the federal program legislation, all prime construction contracts over $2,000 awarded by recipients or subrecipients must include a provision for compliance with the Davis-Bacon Act.                                                                                                                            

  The Davis-Bacon Act does not apply to FEMA, EPA, FDEP, HMGP or other Federal Entity financial assistance programs. Recipients and subrecipients should refer to applicable NOFO or other program guidance or contact their applicable FEMA, EPA, FDEP, HMGP or other Federal Entity grant representative to determine if this provision is required for the procurement. However, the Davis-Bacon Act clause is not federally required for procurements under FEMA’s Public Assistance (PA) or Hazard Mitigation Assistance (HMA) Programs, EPA, other Federal Entity, or FDEP.

  If applicable, in addition to the requirements mentioned in the beginning of this section, the recipient or subrecipient must do the following:

  • The recipient or subrecipient must place a copy of the Department of Labor’s current prevailing wage determination in each solicitation. Contracts or subcontracts must be awarded on the condition that the prevailing wage determination is accepted. The recipient or subrecipient must report all suspected or reported violations to the federal agency.
  • Contracts subject to the Davis-Bacon Act, must also include a provision for compliance with the Copeland “Anti-Kickback” Act. See Required Contract Provisions, Section 5. Copeland Anti- Kickback Act in this document for additional information. According to 29 C.F.R. § 5.5(a)(5), the regulatory requirements for the Copeland “Anti-Kickback” Act are incorporated by reference into the required contract provision, so a separate contract provision is not necessary. However, the recipient or subrecipient may include a separate contract provision specific to the Copeland “Anti- Kickback” Act.
  • Per Department of Labor’s implementing regulations for the Davis-Bacon Act, the recipient’s or subrecipient’s contractor and any subcontractors are required to insert, or incorporate by reference, the clauses contained at 29 C.F.R. § 5.5(a)(1)-(11) into any subcontracts.
  • Follow the other requirements of the Davis-Bacon Act and implementing regulations.

  If applicable per the standard described above, the recipient or subrecipient must include the provisions at 29 C.F.R. § 5.5(a)(1)-(11) in full into all applicable contracts, and all applicable contractors must include these provisions in full in any subcontracts.

  Compliance with the Davis-Bacon Act

  1. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. 
  2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
  3. Additionally, contractors are required to pay wages not less than once a week. 
• AGE DISCRIMINATION ACT OF 1975, AS AMENDED —

  The Contractor or Consultant shall comply with the Age Discrimination Act of 1975, as amended, which provides that no person shall be excluded from participation, denied program benefits, or subjected to discrimination based on age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.)

• Utilization of Disadvantaged Business Enterprises (Updated 4/03/2025) General Compliance, 40 CFR, Part 33 —

  The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise (DBE) Program for procurement activities under assistance agreements, contained in 40 CFR, Part 33. 

  The following text provides updates to 40 CFR Part 33 based upon the associated class exception or highlights a requirement.

  1) EPA MBE/WBE CERTIFICATION, 40 CFR, Part 33, Subpart B
  The EPA no longer certifies entities as Minority-Owned Business Entities (MBEs) or Women-Owned Business Entities (WBEs) pursuant to a class exception issued in October 2019. The class exception was authorized pursuant to the authority in 2 CFR, Section 1500.4(b).

  2) SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
  Pursuant to 40 CFR Section 33.301, the recipient agrees to make good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub-recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained. The specific six good faith efforts can be found at: 40 CFR
  Section 33.301 (a)-(f). 

  However, in EPA assistance agreements that are for the benefit of Native Americans, the recipient must solicit and recruit Native American organizations and Native American-owned economic enterprises and give them preference in the award process prior to undertaking the six good faith efforts (40 CFR Section 33.304). If recruiting efforts are unsuccessful, the recipient must follow the six good faith efforts.

  3) CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
  The recipient agrees to comply with the contract administration provisions of 40 CFR Section 33.302 (a)-(d) and (i).

  4) BIDDERS LIST, 40 CFR Section 33.501(b) and (c)
  Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR Section 33.501 (b) and (c) for specific requirements and exemptions.

  5) FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
  The EPA is suspending negotiations of fair share objectives with recipients under 40 CFR Part 33, Subpart D pursuant to a class exception issued on March 17, 2025. The class exception was authorized pursuant to the authority in 2 CFR, Section 1500.4(b). 

  6) MBE/WBE REPORTING, 40 CFR, Part 33, Subpart E
  The EPA is suspending recipient reporting requirements under 40 CFR 33.502 pursuant to a class exception issued on March 17, 2025. The class exception was authorized pursuant to the authority in 2 CFR, Section 1500.4(b).

  7) MBE/WBE RECORDKEEPING, 40 CFR, Part 33, Subpart E
  The EPA is suspending recipient recordkeeping requirements under 40 CFR Part 33, Subpart E pursuant to a class exception issued on March 17, 2025. The class exception was authorized pursuant to the authority in 2 CFR, Section 1500.4(b).

• LOCAL AGENCY PROGRAM FEDERAL-AID TERMS For PROFESSIONAL SERVICES CONTRACTS —

  TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

  The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds:

  A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America.

  B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for hire and will become the property of the Agency upon completion or termination without restriction or limitation on their use and will be made available, upon request, to the Agency at any time during the performance of such services and/or completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material and products or patent any invention developed under this agreement. The Agency will have the right to visit the site for inspection of the work and the products of the Consultant at any time.

  C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement not withstanding.

  D. The Consultant shall provide access by the Florida Department of Transportation (recipient), the Agency (subrecipient), the Federal Highway Administration, the U.S. Department of Transportation’s Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.

  E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement.

  F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

  G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status.

  H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

  I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to,

  1. withholding of payments to the Consultant under the contract until the Consultant complies and/or
  2. cancellation, termination or suspension of the contract, in whole or in part.

  J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

  K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

  L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom.

  M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State.

  N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor.

  "The subconsultant, 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 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in termination of this contract or other such remedy as the recipient deems appropriate."

  Pursuant to 49 CFR26.11(c), the Consultant shall submit the bid opportunity list at the time of contract execution, and shall enter DBE commitment and payment information in the Florida Department of Transportation Equal Opportunity Compliance (EOC) system. The Consultant shall request access to the EOC system using Form No. 275-021-30.

  O. Prompt Payment of and Return of Retainage to Subconsultants: The Consultant will pay monies owed to subconsultants, suppliers or other parities within thirty (30) days of the Consultant receiving payment from the Local Agency. The Local Agency is prohibited from withholding retainage from consultants. To the extent the selected consultant withholds retainage from its subconsultants, it must be returned in its entirety within thirty (30) days of satisfactory completion of the subconsultant work. The Local Agency is the arbiter of what constitutes satisfactory completion. These provisions apply to all subconsultants and at all tiers of subcontracting.

  P. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.

  Q. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation.

  R. The Local Agency hereby certifies that neither the Consultant nor the Consultant's representative has been required by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to

  1. employ or retain, or agree to employ or retain, any firm or person, or
  2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind;

  The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

  S. The Consultant hereby certifies that it has not:

  1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
  2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or
  3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract.

  The Consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

  T. The Consultant 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 Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the 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.

  U. Clean Air Act: The Consultant agrees to comply with applicable standards, orders or regulations issued pursuant to Clean Air Act (42 U.S.C § 7401 et seq), as amended.

  The Consultant agrees to report each violation to the Florida Department of Transportation (Department) and understands and agrees that the Department will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

  The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

  V. Federal Water Pollution Control Act: The Consultant agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended.

  The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

  W. Byrd Anti-Lobbying: Consultants awarded a contract of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

  CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL AID CONTRACTS: (Compliance with 49 CFR, Section 20.100(b))(1) The Consultant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence either directly or indirectly an officer or employee of any state or Federal agency, a member of the Florida Legislature, 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. (b) 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, the Consultant shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities”. (2) This certification is a material representation of 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 into this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into 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. (3) The Consultant also certifies by signing this contract that the Consultant shall require the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

  Statement for Loan Guarantees and Loan Insurance
  Per 49 CFR Part 20, Appendix A, the undersigned states, to the best of his or her knowledge and belief, that:

  If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

  Submission of this statement is a perquisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10, 000 and not more than $100,000 for each such failure.

  X. Buy America: As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award per 2 CFR part 200.322.

  “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

  “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

  Furthermore Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184.

• Reference Survey Forms —

  Submit three (3) completed Reference Survey Forms for past projects completed within the past year, preferably of projects of similar scope and size. The City reserves the right to contact these references.

  Please download the below documents, complete, and upload. 

• CONTRACT - (AGREEMENT) —

  The City of Cape Coral may require the awarded firm(s) to execute written contract(s) prior to the issuance of a purchase order.  A Sample Agreement has been included for reference and is subject to change.

• COPELAND “ANTI-KICKBACK” ACT —

  The Copeland "Anti-Kickback" Act prohibits workers on construction contracts from giving up wages that they are owed. Additional requirements are listed below, and relevant definitions are at 29 C.F.R. § 3.2. The applicable implementing regulations are intended to assist with enforcement of the Davis-Bacon Act’s minimum wage provisions as well as various statutes with similar minimum wage provisions for federally assisted construction.

  For all prime construction contracts above $2,000, when the Davis-Bacon Act also applies, recipients or subrecipients must include a provision in contracts and subcontracts for compliance with the Copeland “Anti-Kickback” Act. The Copeland “Anti-Kickback” Act does not apply to all FEMA, EPA, FDEP, HMGP or other Federal Entity financial assistance programs. Recipients or subrecipients should refer to applicable NOFO or other program guidance or contact their applicable FEMA, EPA, FDEP, HMGP or other Federal Entity grant representative to determine if this provision is required for the procurement. However, the Copeland “Anti-Kickback” Act clause is not federally required for procurements under FEMA’s PA or HMA Programs.

  If applicable, the recipient or subrecipient must do the following:

  • Include a provision for compliance with the Copeland “Anti-Kickback” Act. According to the implementing regulations for the Davis-Bacon Act, the regulatory requirements for the Copeland “Anti-Kickback” Act are incorporated by reference into the required contract provision for the Davis- Bacon Act. Therefore, a separate contract provision is not necessary. However, the recipient or subrecipient may include a separate contract provision specific to the Copeland “Anti-Kickback” Act with language suggested below.
  • The Copeland “Anti-Kickback Act” prohibits each consultant/contractor or subconsultant/subcontractor from any form of persuading a person employed in construction, completion, or repair of public work to give up any part of their rightful compensation. The recipient or subrecipient must report all suspected or reported violations of the Copeland “Anti-Kickback Act” to FEMA, EPA, FDEP, HMGP or other Federal Entity.
  • Each consultant/contractor and subconsultant/subcontractor must provide weekly reports of the wages paid during the prior week’s payroll period to each employee covered by the “Copeland Anti-Kickback” Act and the Davis- Bacon Act. The reports must be delivered to a representative of a federal or state agency in charge at the building or work site by the consultant/contractor or subconsultant/subcontractor within seven days of the payroll period’s payment date.
  • Follow the other requirements of the Copeland “Anti-Kickback” Act and implementing regulations.

  Compliance with Copeland “Anti-Kickback Act”

  Consultant/Contractor. The consultant/contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract.

  Subcontracts. The consultant/contractor or Subconsultant/Subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA, EPA, FDEP, HMGP or other Federal Entity may by appropriate instructions require, and a clause requiring the subconsultant/subcontractors to include these clauses in any lower tier subcontracts. The Prime Consultant/Contractor shall be responsible for the compliance by any subconsultant/subcontractor or lower tier subconsultant/subcontractor with all these contract clauses.

  Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a consultant/contractor and subconsultant/subcontractor as provided in 29 C.F.R. § 5.12.

• ELECTRONIC SUBMISSION OF RESPONSES —
  1. Respondents shall submit their responses to this solicitation via the electronic procurement portal (OpenGov).  Responses must be submitted electronically by the time and date in the Solicitation. 
  2. Respondents shall provide all documentation required by the Solicitation. Failure to submit required items may result in a determination that the response is non-responsive or rejected, at the City’s discretion. 
  3. Responses by corporations must be executed in the corporate name by a duly authorized corporate officer.  The president or a vice-president, and the corporate seal must be affixed and attested to. The City reserves the right to require documentation of signing authority prior to award or contract execution.
  4. Responses by partnerships must be executed in the partnership name by a partner or authorized individual.
  5. A respondent responding to this solicitation as a joint venture is required to obtain bid authority under Rule 61G4-15.0022, Florida Administrative Code and include evidence of such bid authority in its response to this solicitation.
  6. Upon submission, all documents become the property of the City of Cape Coral and are subject to Florida public records laws.
• SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED —

  The Contractor or Consultant shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual shall, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794)

• LAP CERTIFICATION OF CURRENT CAPACITY —

  Complete the LAP Certification Form located in the Suppler Acknowledgement section.

• Acknowledgement Requirements for Non-ORD Assistance Agreements —

  The recipient agrees that any reports, documents, publications, or other materials developed for public distribution supported by this assistance agreement shall contain the following statement: “This project has been funded wholly or in part by the United States TBD under assistance agreement (grant number) to the City of Cape Coral. The contents of this document do not necessarily reflect the views and policies of the TBD, nor does the TBD endorse trade names or recommend the use of commercial products mentioned in this document, as well as any images, video, text, or other content created by generative artificial intelligence tools, nor does any such content necessarily reflect the views and policies of the TBD."

  Recipients of EPA Office of Research Development (ORD) research awards must follow the acknowledgement requirements outlined in the research T&Cs available at: https://www.nsf.gov/awards/managing/rtc.jsp. In accordance with the Research Terms and Conditions Overlay to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (Uniform Guidance), 2 CFR §200, recipients of EPA ORD research must abide by the research T&Cs.

• Line Item Acknowledgement —

  Line Items are used for obtaining pricing for both Bids and Request for Proposals.

  Line Items Entry is Required. All Line Items have been created under the Line Items Section. Suppliers MUST enter amounts for the Line Items directly in this section for their submission to be accepted.

  Bid Form (if provided) is NOT a Substitute.  Uploading or Submitting a completed Bid Form (if provided) DOES NOT replace the requirement to enter amounts for Line Items.

  Ensure to enter line items amounts under the Line Items Section prior to submitting. 

• CONTRACT WORK HOURS AND SAFETY STANDARDS ACT —

  Where applicable, (40 U.S.C. §§ 3701-3708) all contracts awarded by the Non-Federal Entity's (NFEs) of more than $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with statutory requirements on work hours and safety standards. (40 U.S.C. §§ 3702, 3704. The Contract Work Hours and Safety Standards Act is supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, § E). Under 40 U.S.C. § 3702, each consultant/contractor must base wages for every mechanic and laborer on a standard 40-hour work week. Work over 40 hours is allowed, so long as the worker is paid at least one and a half times the base pay rate for all hours worked over 40 hours in the work week. Additionally, for construction work, under 40 U.S.C. § 3704, work surroundings and conditions for laborers and mechanics must not be unsanitary or unsafe. Relevant definitions are at 40 U.S.C. § 3701 and 29 C.F.R. § 5.2.

  Compliance with the Contract Work Hours and Safety Standards Act.

  1. Overtime requirements. No consultant/contractor or subconsultant/subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
  2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the consultant/contractor and any subconsultant/subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such consultant/contractor and subconsultant/subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $32 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1).
  3. Withholding for unpaid wages and liquidated damages—
     1. Withholding Process. The City of Cape Coral may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the consultant/contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime consultant/contractor or any subconsultant/contractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this paragraph (b) on this contract, any other federal contract with the same prime consultant/contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime consultant/contractor (as defined in § 5.2). The necessary funds may be withheld from the consultant/contractor under this contract, any other federal contract with the same prime consultant/contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime consultant/contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the consultant/contractor liability for which the funds were withheld.
     2. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by:
        1. A consultant’s/contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
        2. A contracting agency for its reprocurement costs;
        3. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a consultant/contractor, or a consultant’s/contractor's bankruptcy estate;
        4. A consultant’s/contractor's assignee(s);
        5. A consultant’s/contractor's successor(s); or
        6. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
  4. Subcontracts. The consultant/contractor or subconsultant/subcontractor must insert in any subcontracts the clauses set forth in paragraphs (b)(1) through (4) of this section and a clause requiring the subconsultants/subcontractors to include these clauses in any lower tier subcontracts. The prime consultant/contractor is responsible for compliance by any subconsultant/subcontractor or lower tier subconsultant/subcontractor with the clauses set forth in paragraphs (b)(1) through (4). In the event of any violations of these clauses, the prime consultant/contractor, and any subconsultant/subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower tier subconsultants/subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
  5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
     1. Notifying any consultant/contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part;
     2. Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
     3. Cooperating in any investigation or other compliance action or testifying in any proceeding under CWHSSA or this part; or (iv) Informing any other person about their rights under CWHSSA or this part.

  Further Compliance with the Contract Work Hours and Safety Standards Act.

  1. The consultant/contractor or subconsultant/subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker’s correct classification(s) of work performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid.
  2. Records to be maintained under this provision must be made available by the consultant/contractor or subconsultant/subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the consultant/contractor or subconsultant/subcontractor will permit such representatives to interview workers during working hours on the job.
• NON-COLLUSION DECLARATION AND COMPLIANCE WITH 49 CFR § 29 —

  This certification applies to subcontractors, material suppliers, vendors and other lower tier participants.

  - Appendix B of 49 CFR Part 29 –

  Appendix B—Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions
  Instructions for Certification

  1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.
  2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
  3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
  4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
  5. The prospective lower tier participant agrees by submitting this proposal that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
  6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
  7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.
  8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
  9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

  Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions

  (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency.
  (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

• Tangible Personal Property —

  1 Reporting
  Pursuant to 2 CFR 200.312 and 2 CFR 200.314, property reports, if applicable, are required for Federally-owned property in the custody of a recipient or subrecipient upon completion of the Federal award or when the property is no longer needed. Additionally, upon termination or completion of the project, residual unused supplies with a total aggregate fair market value exceeding $10,000 not needed for any other Federally-funded programs or projects must be reported. For Superfund awards under Subpart O, refer to 40 CFR 35.6340 and 40 CFR 35.6660 for property reporting requirements. Recipients should utilize the Tangible Personal Property Report form series (SF- 428) to report tangible personal property.

  2 Disposition

  2.1. Most Recipients or Subrecipients. Consistent with 2 CFR 200.313, unless instructed otherwise on the official award document, this award term, or at closeout, the recipient or subrecipient, including a subrecipient of a State or an Indian Tribe, may keep the equipment and continue to use it on the project originally funded through this assistance agreement or on other federally funded projects whether or not the project or program continues to be supported by Federal funds.

  2.2. State Agencies. Per 2 CFR 200.313(b), recipients that are State agencies must manage and dispose of equipment acquired under this assistance agreement in accordance with state laws and procedures.

  2.3. Indian Tribes. Per 2 CFR 200.313(b), recipients that are Indian Tribes must manage and dispose of equipment acquired under this assistance agreement in accordance with tribal laws and procedures. If such laws and procedures do not exist, Indian Tribes, unless instructed otherwise on the official award document or at closeout, may keep the equipment and continue to use it on the project originally funded through this assistance agreement or on other federally funded projects whether or not the project or program continues to be supported by Federal funds.

  2.4. Superfund Recipients. Equipment purchased for Superfund projects under Subpart O is subject to specific disposal options in accordance with 40 CFR Part 35.6345.

• AMERICANS WITH DISABILITIES ACT OF 1990 —

  The Contractor or Consultant shall comply with Public Law 101-336, Americans with Disabilities Act of 1990, which provides, subject to such Act, that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.

• Price Proposal - Cost/Fees —

  Download and complete attached Cost Proposal forms. Upload completed forms in the Supplier Acknowledgements section, item Price Proposal - Cost/Fees.

• INTERPRETATIONS/QUESTIONS —

  All questions about the meaning or intent of the Solicitation Documents shall be submitted through the City’s designated electronic procurement portal (OpenGov) by the date and time stated in the solicitation.

  Interpretations or clarifications of the Solicitation Documents shall be issued by written addendum only and posted through the electronic procurement portal. Respondents may rely only on written addenda issued by the City. By submitting a response, the Respondent acknowledges receipt of and responsibility to review all addenda related to the Solicitation.

  NO ADDENDA WILL BE ISSUED WITHIN FIVE (5) BUSINESS DAYS PRIOR TO THE SUBMISSION DEADLINE, UNLESS AN ADDENDUM HAS BEEN ISSUED EXTENDING THE DEADLINE.

• Civil Rights Obligations —

  This term and condition incorporates by reference the signed assurance provided by the recipient’s authorized representative on: 1) EPA Form 4700-4, “Pre-award Compliance Review Report for All Applicants and Recipients Requesting EPA or FDEP Financial Assistance”; and 2) Certifications and Representations in SAM.gov or Standard Form 424D, as applicable.

  These assurances and this term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing federal, EPA and FDEP regulations.

  (a) Statutory Requirement

  i. In carrying out this agreement, the recipient must comply with:

  1) Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, by entities receiving Federal financial assistance.
  2) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities by entities receiving Federal financial assistance; and
  3) The Age Discrimination Act of 1975, which prohibits age discrimination by entities receiving Federal financial assistance.

  ii. If the recipient is an education program or activity (e.g., school, college, or university) or if the recipient is conducting an education program or activity under this agreement, it must also comply with:

  1) Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities operated by entities receiving Federal financial assistance. For further information about your compliance obligations regarding Title IX, see https://www.justice.gov/crt/title-ix-education-amendments-1972.

  iii. If this agreement is funded with financial assistance under the Clean Water Act (CWA), the recipient must also comply with:

  1) Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex in CWA-funded programs or activities.

  (b) Regulatory Requirements

  i. The recipient agrees to comply with all applicable EPA civil rights regulations, including:

  1) For Title IX obligations, 40 C.F.R. Part 5; and
  2) For Title VI, Section 504, Age Discrimination Act, and Section 13 obligations, 40 C.F.R Part7. Note that for financial assistance awarded to any entity, including any subrecipient, in the State of Louisiana, pursuant to a permanent injunction issued by the U.S. District Court for the Western District of Louisiana, EPA will not impose any disparate-impact or cumulative-impact analysis requirements under Title VI of the Civil Rights Act of 1964 in any pre-award assurances or terms and conditions accompanying the application for and receipt of this grant award.
  3) The statutory and national policy requirements at 2 CFR 200.300(a).
  4) For Federal awards that are subject to a Federal statute prohibiting discrimination based on sex, the Federal agency or pass-through entity must ensure that the award is administered in accordance with 2 CFR 200.300.
  5) As noted on the EPA Form 4700-4 signed by the recipient’s authorized representative, these regulations establish specific requirements as applicable, including, but not limited to collecting, maintaining, and providing upon request compliance information, establishing grievance procedures, designating a Civil Rights Coordinator, and providing notices of non-discrimination.

  (c) Title VI – Limited English Proficiency (LEP), Public Participation and Affirmative Compliance Obligation

  i. As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to take reasonable steps to provide meaningful access to LEP individuals. In implementing that requirement, the recipient may refer to the EPA document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons.  "Guidance can be found at:
   https://www.federalregister.gov/documents/2004/06/25/04-14464/guidance-to environmental-protectionagency - financial-assistance-recipients-regarding-title-vi.

  ii. If the recipient is administering permitting programs under this agreement, the recipient may refer to EPA’s “Title VI Public Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs.” The Guidance can be found at: https://www.govinfo.gov/content/pkg/FR-2006-03-21/pdf/06-2691.pdf.

  iii. In accepting this assistance agreement, the recipient acknowledges it has an affirmative obligation to implement effective federal civil rights compliance programs, as required by EPA’s nondiscrimination regulations at 40 C.F.R. Parts 5 and 7, and ensure that it does not discriminate in its programs and activities in violation of federal civil rights laws and regulations. The recipient must be prepared to demonstrate to EPA or FDEP that such compliance programs exist and are being implemented, or to otherwise demonstrate how it is meeting its federal civil rights obligations. For further assistance on civil rights compliance, the recipient may refer to the EPA document entitled, “Civil Rights Guidance on Procedural Safeguards: Requirements and Best Practices.”  The Guidance can be found at: https://www.epa.gov/external-civil-rights/civil-rights-guidance-procedural-safeguards
  
  

• Mobilization/Demobilization —

  Costs are Not-to-Exceed XX% of base bid (total of line #'s XX through XX)

  Costs for Mobilization/Demobilization are to be within the Not-to-Exceed percentage listed above.

• COPELAND ANTI-KICKBACK ACT —

  The Contractor or Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

  Subcontracts - The Contractor or Consultant or Subcontractor shall insert in any Subcontracts the clause in subparagraph (1) above and such other clauses as the City or the County may, by appropriate instructions, require, and a clause requiring the Subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor or Consultant shall be responsible for the compliance by any Subcontractor or lower tier Subcontractor with all of these Contract clauses.

  Breach - A breach of the subparagraph contract clauses (1) or (2) above may be grounds for termination of the Contract, and for debarment as a Contractor or Consultant and Subcontractor as provided in 29 C.F.R. § 5.12.

• RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT —

  This contract provision outlines the rules governing the ownership of inventions created using federal funds. If the FEMA, EPA, FDEP, HMGP or other Federal Entity award meets the definition of funding agreement and the recipient or subrecipient enters any contract involving substitution of parties, assignment, or performance of experimental, developmental, or research work under that funding agreement, then the recipient or subrecipient must comply with the requirements of 37 C.F.R. Part 401 and any implementing regulations issued by FEMA, EPA, FDEP, HMGP or other Federal Entity.

  1. Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA, EPA, FDEP, HMGP or other Federal Entity awards under these programs do not meet the definition of “funding agreement.”
  2. Funding Agreements. The regulation at 37 C.F.R. § 401.2(a) defines funding agreement as “any contract, grant, or cooperative agreement entered into between any federal agency, other than the Tennessee Valley Authority, and any consultant/contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal Government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
• LOBBYING —
  1. All firms and their agents who intend to, or have, submitted responses for this project are hereby placed on formal notice that neither City Council Members, candidates for City Council, members of the Selection Advisory Committee (SAC), nor any employee of the City of Cape Coral are to be lobbied either individually or collectively concerning this project.
  2. Contact should only be made through regularly scheduled Council meetings, or meetings scheduled through the Procurement Division, which are for the purposes of obtaining additional or clarifying information.
  3. Any action, to include dinner or lunch invitations, by a submitting firm that may be interpreted as being within the purview of this requirement shall result in the immediate disqualification from further consideration in this project.
• Maintenance of Traffic —

  Costs are Not-to-Exceed XX% of base bid (total of line #'s XX through XX)

  Costs for Maintenance of Traffic are to be within the Not-to-Exceed percentage listed above.

• CLEAR AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT —

  Clean Air Act.

  The consultant/contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

  The consultant/contractor agrees to report each violation to the City of Cape Coral and understands and agrees that the City of Cape Coral will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and/or the appropriate Environmental Protection Agency Regional Office.

  The consultant/contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA, EPA, FDEP, HMGP or other Federal Entity.

  Federal Water Pollution Control Act.

  The consultant/contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.

  The consultant/contractor agrees to report each violation to the City of Cape Coral and understands and agrees that the City of Cape Coral will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and/or the appropriate Environmental Protection Agency Regional Office.

  The consultant/contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA, EPA, FDEP, HMGP or other Federal Entity.

• Required Certifications and Consequences of Fraud —

  Per 2 CFR 200.415(a), financial reports must include a certification that must be signed by an official who is authorized to legally bind the recipient which reads as follows:

  “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).”

  As outlined in 2 CFR 200.415(b), subrecipients of all tiers under the Federal award must certify to the pass-through entity whenever applying for funds, requesting payment, and submitting financial reports as follows:

  “I certify to the best of my knowledge and belief that the information provided herein is true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative consequences including, but not limited to violations of U.S. Code Title 18, Sections 2, 1001, 1343 and Title 31, Sections 3729-3730 and 3801-3812.”

  The certifications must be maintained in accordance with the record retention requirements at 2 CFR 200.334.

• PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING —

  In accordance with Florida Statute 287.05701 the City may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor.  An awarding body may not give preference to a vendor based on the vendor’s social, political, or ideological interests.

• Restoration —

  Costs are Not-to-Exceed XX% of base bid (total of line #'s XX through XX)

  Costs for Restoration are to be within the Not-to-Exceed percentage listed above.

• EXAMINATION OF SOLICITATION DOCUMENTS —

  Before submitting a response, each Respondent shall carefully examine the Solicitation Documents and become familiar with all requirements that may affect cost, schedule, or performance. Respondents are responsible for reviewing applicable federal, state, and local laws and regulations relevant to performance of the work.

  Submission of a response constitutes a representation that the Respondent has reviewed the Solicitation Documents and finds them sufficient to perform the requested work.

• SUSPENSION AND DEBARMENT: SEPARATE CERTIFICATION IS REQUIRED TO BE SUBMITTED —

  Suspension and Debarment

  This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the consultant/contractor is required to verify that none of the consultant’s/contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

  The consultant/contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters.

  This certification is a material representation of fact relied upon by City of Cape Coral. If it is later determined that the consultant/contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to the City of Cape Coral, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

  The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

• Reporting Waste, Fraud and Abuse —

  Consistent with 2 CFR 200.113, the recipient and any subrecipients of this award must promptly report in writing whenever there is credible evidence of the commission of a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code or a violation of the civil False Claims Act (31 U.S.C. 3729-3733) to the EPA or FDEP Project Officer, the pass-through entity (if applicable), and the EPA Office of Inspector General (OIG). The methods to contact the EPA OIG are (1) online submission via the EPA OIG Hotline Complaint Form; (2) email to OIG_Hotline@epa.gov; (3) phone 1-888-546-8740; or (4) mail directed to Environmental Protection Agency, Office of Inspector General, 1200 Pennsylvania Avenue, N.W. (2410T), Washington, DC 20460. 

  To support awareness of the OIG hotline, recipients and/or subrecipients receiving an EPA award or subaward of $1,000,000 or more must display EPA OIG Hotline posters in facilities where the work is performed under the grant. EPA OIG Hotline posters may be downloaded or printed or may be obtained by contacting the OIG at 1- 888-546-8740. Recipients and subrecipients need not comply with this requirement if they have established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct and have provided instructions that encourage employees to make such reports.

  Recipients and subrecipients are also required to report matters related to recipient integrity and performance in accordance with Appendix XII to 2 CFR Part 200.

• INSPECTOR GENERAL COOPERATION —

  In accordance with Florida Statute 20.055(5), it is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing.

• Dust & Mud Control —

  Costs are Not-to-Exceed XX% of base bid (total of line #'s XX through XX)

  Costs for Dust & Mud are to be within the Not-to-Exceed percentage listed above.

• CONFIDENTIALITY PROVISION —

  In accordance with Florida Statute 337.168, a document or electronic file revealing the official cost estimate of the department of a project is confidential and exempt from the provisions of s. 119.07 (1) until the contract for the project has been executed or until the project is no longer under active consideration.

  The bid analysis and monitoring system of the department is confidential and exempt from the provisions of s. 119.07 (1). This exemption applies to all system documentation, input, computer processes and programs, electronic data files, and output, but does not apply to the actual source documents, unless otherwise exempted under other provisions of law.

• EXAMINATION OF SITE (WHEN APPLICABLE) —

  Reference is made to the Special Conditions (if applicable) for identification of reports of investigations and tests of subsurface or latent physical conditions at the site, or other conditions affecting cost, progress, or performance of the Work, which were relied upon by the City or its design professional in preparing the Drawings and Specifications. The City will make copies of such reports available to any Respondent upon request. These reports are provided for informational purposes only and are not guaranteed as to accuracy. For the response, each Respondent shall, at its own expense, make any additional investigations and tests deemed necessary to determine performance of the Work in accordance with the time, price, and other terms and conditions of the Solicitation Documents.

  The lands upon which the Work is to be performed, rights-of-way for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Special Conditions (if applicable), General Conditions, or Drawings.

  Submission of a response constitutes a representation that the Respondent has examined the site and accepts conditions affecting performance.

• BYRD ANTI-LOBBYING AMENDMENT – SEPARATE CERTIFICATION REQUIRED TO BE SUBMITTED —

  Non-Federal Entity's (NFEs) who intend to award contracts of more than $100,000, and their contractors who intend to award subcontracts of more than $100,000, must include a contract provision prohibiting the use of federal appropriated funds to influence officers or employees of the federal government. Contractors that apply or bid for a contract for more than $100,000 must also file the required certification regarding lobbying (2 C.F.R. Part 200, Appendix II, § I (31 U.S.C. § 1352); 44 C.F.R. § 18.110).

  Byrd Anti-Lobbying Amendment, as amended, 31 U.S.C. § 1352.

  Consultants/Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal agency.

• Whistleblower Protections —

  This award is subject is to whistleblower protections, including the protections established at 41 U.S.C. 4712 and 2 CFR 200.217 providing that an employee of the recipient or subrecipient may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract, grant, or subaward, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract), grant. These covered persons or bodies include:

  a. A member of Congress or representative of a committee of Congress.
  b. An Inspector General.
  c. The Government Accountability Office.
  d. A Federal employee responsible for contract or grant oversight or management at the relevant agency.
  e. An authorized official of the Department of Justice or other law enforcement agency.
  f. A court of grand jury.
  g. A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct.

  Consistent with 41 U.S.C. 4712(d), the recipient and subrecipients must inform their employees in writing, in the predominant language of the workforce or organization, of employee whistleblower rights and protections under 41 U.S.C. 4712. Additional information about whistleblower protections, including protections for such employees may be found at the EPA Office of Inspector General’s Whistleblower Protection page.

• PROCUREMENT OF RECOVERED MATERIALS —

  In the performance of this contract, the Consultant/Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquire:

  1. Competitively within a timeframe providing for compliance with the contract performance schedule;
  2. Meeting contract performance requirements; or
  3. At a reasonable price.

  Information about this requirement, along with the list of EPA-designated items, is available at Comprehensive Procurement Guideline (CPG) Program | US EPA. The Consultant/Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

  The Consultant/Contractor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable.

• FHWA-1273 Provisions —

  The provisions of Form FHWA-1273 generally apply to all Federal-aid construction projects, and must be physically incorporated into the construction contract, subcontracts and lower-tier subcontracts.  Attached is the FHWA-1273 provisions.

• BACKGROUND SCREENING —

  In accordance with Florida Statute 435, all employees required by law to be screened must undergo background screening as a condition of employment and continued employment which includes, but need not be limited to, employment history checks and statewide criminal correspondence checks through the Department of Law Enforcement, and a check of the Dru Sjodin National Sex Offender Public Website, and may include local criminal records checks through local law enforcement agencies.

• VENDOR REGISTRATION —

  All vendors must be registered with the City of Cape Coral electronic procurement portal at https://procurement.opengov.com/portal/capecoralfl in order to submit a response to a solicitation.

  Upon award of a contract, the vendor will also need to register with the City of Cape Coral vendor portal.  Registration can be done online from the City of Cape Coral website, www.capecoral.gov Once on the website, under “I WANT TO,” click on “Register” then “City Vendor.”  That will take you to the “Vendor Portal” page from where you may register online.

• PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES —

  Prohibition on Contracting for Covered Telecommunications Equipment or Services.

  1. Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA, EPA, other Federal Entity, or FDEP Award Funds for Covered Telecommunications Equipment or Services, as used in this clause—
  2. Prohibitions.
     1. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
     2. Unless an exception in paragraph (c) of this clause applies, the consultant/contractor and its subconsultant/subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
        1. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
        2. Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
        3. Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
        4. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
  3. Exceptions.
     1. This clause does not prohibit consultants/contractors from providing—
        1. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
        2. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
     2. By necessary implication and regulation, the prohibitions also do not apply to:
        1. Covered telecommunications equipment or services that:
           1. Are not used as a substantial or essential component of any system; and
           2. Are not used as critical technology of any system.
        2. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
  4. Reporting requirement.
     1. 1. In the event the consultant/contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the consultant/contractor is notified of such by a subconsultant/subcontractor at any tier or by any other source, the consultant/contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
        2. The Consultant/Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
           1. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
           2. Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the consultant/contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
  5. Subcontracts. The Consultant/Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.
• DISCRIMINATORY VENDOR LIST —

  In accordance with Florida Statute 287.134, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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.

• QUALIFICATIONS OF RESPONDENTS —

  Only one response from an individual, firm, partnership, or corporation under the same or different names will be considered. If it appears to the City that a Respondent is interested in more than one response for the work contemplated, all such responses may be rejected. If the City has reasonable grounds to believe that collusion or combination exists between Respondents, all affected responses may be rejected, and such Respondents may be disqualified from consideration for the project. 

  Responses will be considered only from firms regularly engaged in providing the goods or services specified in the Solicitation. Respondents must possess adequate organization, facilities, equipment, and personnel to ensure prompt and efficient performance.

  The City reserves the right, prior to award, to inspect a Respondent’s facilities and organization or take any action necessary to determine the Respondent’s ability to perform in accordance with the specifications, terms, and conditions.

  The City of Cape Coral will determine whether the evidence of ability to perform is satisfactory and will make awards only when such evidence is deemed satisfactory and reserves the right to reject responses where evidence is submitted or investigation or evaluation, indicates inability of the inability to perform in accordance with the Solicitation requirements.

• PROPOSAL OF SUBMITTING FIRM —

  Responses will be considered from firms normally engaged in providing the service(s) requested. The Respondent must demonstrate adequate experience, organization, facilities, equipment, proper licensing, and personnel to ensure prompt and efficient service to the City of Cape Coral. Responses should include sufficient information to present a clear understanding of this project and of similar past projects, staff experience and abilities and any other additional, pertinent details to describe the team’s capabilities.

  1. The CITY reserves the right, before recommending any firm or award of work, to inspect the facilities and organization or to take any other action necessary to determine the ability of firm to perform in accordance with the requested information, specifications, terms and conditions, or any needs of the CITY.
  2. The City of Cape Coral may utilize request for information, information questionnaires, proposer’s submittal information, references, licenses, proposer’s capacity, staff, experience, and any tools it may deem necessary to determine if a firm meets the requirements or needs of the City of Cape Coral.
  3. The City determines best value, best fit, responsible, responsive and makes any determination whether to accept or waive criteria outlined in their evaluation. The decision rests solely with the City of Cape Coral to decide if a firm meets the qualifications, requirements and/or needs for the award(s) of a project.
• CONVICTED VENDOR LIST —

  In accordance with Florida Statute 287.133(2)(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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

• DOMESTIC PREFERENCE FOR PROCUREMENTS —

  Domestic Preference for Procurements.

  The Consultant/Contractor should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.

  For purposes of this clause:

  Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

• ANTI-LOBBYING CLAUSE —

  In accordance with Florida Statute 287.057 (23), respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

• BID/PROPOSAL PRICE —

  Bid/Proposal price shall be all inclusive of product, transportation charges, freight, unloading charges or any other charges incurred in delivery.  The City does not provide financial deposits.

• BUILD AMERICA, BUY AMERICA ACT – SEPARATE CERTIFICATION REQUIRED TO BE SUBMITTED —

   Build America, Buy America Act (BABAA).

  Contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the Build America, Buy America Act shall file the required certification to the City of Cape Coral with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEMA, EPA, FDEP, HMGP or other Federal Entity. Contractors and subcontractors certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirements. Such disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures to FEMA, EPA, FDEP, HMGP or other Federal Entity; subrecipients will forward disclosures to the passthrough entity, who will, in turn, forward the disclosures to FEMA, EPA, FDEP, HMGP or other Federal Entity.

• MODIFICATION OR WITHDRAWAL —

  Prior to the submission deadline, Respondents may modify or withdraw responses through the electronic procurement system. After the Solicitation opening, modifications are not permitted. The City may permit withdrawal of an erroneous response prior to award, if the Respondent demonstrates all of the following: 

  1. That the Respondent acted in good faith in submitting the response;
  2. That in preparing the submittal an error of such magnitude occurred that enforcement of the submittal would result in substantial hardship to the Respondent;
  3. That the error was not the result of gross negligence or willful inattention;
  4. That the error was discovered and communicated to the City within twenty-four (24) hours of solicitation opening, along with a request for permission to withdraw; and
  5. The Respondent submits documentation, and a written explanation of how the submittal error occurred. 
• AFFIRMATIVE EFFORTS TO HIRE MINORITY AND WOMEN BUSINESS ENTERPRISES —

  The project/contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises. The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps, by the prime contractor, must include:

  (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists

  (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources

  (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises

  (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises

  (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce

• ACCESS TO RECORDS —

  The following access to records requirements applies to this contract:

  The Consultant/Contractor agrees to provide the City of Cape Coral, the FEMA, EPA, FDEP, HMGP or other Federal Entity Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Consultant/Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

  The Consultant/Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

  The Consultant/Contractor agrees to provide the FEMA, EPA, FDEP, HMGP or other Federal Entity Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

  In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the City of Cape Coral and the Consultant/Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA, EPA, FDEP, HMGP or other Federal Entity Administrator or the Comptroller General of the United States.

• SUSPENSION AND DEBARMENT —

  This solicitation is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor’s principals (2 C.F.R. § 180.995) or its affiliates (2 C.F.R. § 180.905) are excluded (2 C.F.R. § 180.940) or disqualified (2 C.F.R. § 180.935).

• CHANGES —

  To be allowable under a FEMA, EPA, FDEP, HMGP or other Federal Entity grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. FEMA, EPA, FDEP, HMGP or other Federal Entity recommends that all contracts include a changes clause that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may depend on the nature of the contract and the procured item(s) or service(s). The recipient or subrecipient should also consult their servicing legal counsel to determine whether and how contract changes are permissible under applicable state, local, or tribal laws or regulations.

• OPENING OF RESPONSES —

  Responses are to be submitted in accordance with the instructions provided herein. Per Florida State Statute 255.0518, at the time of opening, the names of Respondents submitted will be read aloud and recorded and, when applicable, pricing or other information permitted by law.

  Pursuant to Section 119.071(2) Florida Statute, sealed bids, proposals, or replies received in response to a competitive solicitation are exempt from public disclosure until the City provides notice of an intended decision or until thirty (30) days after opening, whichever occurs first.

• OPENING OF PROPOSALS —

  Proposals will be opened and evaluated after the final date and time set for receipt.  The City of Cape Coral may request submitting firm(s) considered for award to make an oral presentation to an evaluation team or selection board or to submit additional data, if required, for this Request for Proposal.

  Pursuant to Section 119.071(2) Florida Statute, sealed bids, proposals, or replies received in response to a competitive solicitation are exempt from public disclosure until the City provides notice of an intended decision or until thirty (30) days after opening, whichever occurs first.

• DEPARTMENT OF HOMELAND SECURITY (DHS) SEAL, LOGO, AND FLAGS —

  The City of Cape Coral, Consultant or Contractor must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, EPA, FDEP, HMGP, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

  The consultant/contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA, EPA, other Federal entity, or FDEP pre-approval. The consultant/contractor shall include this provision in any subcontracts.

• LOCAL GOVERNMENT PROMPT PAYMENT ACT —

  In accordance with Florida Statute 218.70, the City shall make payment of all sums properly invoiced within thirty (30) days of the City’s receipt of such invoice. city shall pay contract amount of such invoice within such thirty (30) day period. If city shall give such notice to the contractor within such fifteen (15) day period, such dispute over the proper amount of such invoice shall be resolved, and after final resolution of such dispute, city shall promptly pay the contractor the amount so determined, less any amounts previously paid by city with respect to such invoice.  In the event it is determined that city has overpaid such invoice, the contractor shall promptly refund to the city the amount of such overpayment.

• REJECTION OF PROPOSALS —

  The City of Cape Coral reserves the right to reject any and all responses to the Request for Proposal at its sole discretion and for any reason whatsoever. It also reserves the right to waive any formalities in connection with responses to the Request for Proposal.

• COMPLIANCE WITH FEDERAL LAW, REGULATIONS AND EXECUTIVE ORDERS AND ACKNOWLEDGEMENT OF FEDERAL FUNDING —

  The Non-Federal Entity's (NFEs) and its consultant/contractors are required to comply with all federal laws, regulations, and executive orders. Additionally, recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. (DHS Standard Terms and Conditions, available at https://www.dhs.gov/publication/dhs-standard-terms-and-conditions.

  This is an acknowledgement that FEMA, EPA, FDEP, HMGP or other Federal Entity financial assistance will be used to fund all or a portion of the contract. The consultant/contractor will comply with all applicable federal law, regulations, executive orders, FEMA, EPA, FDEP, HMGP or other Federal Entity policies, procedures, and directives.

• E-VERIFY —

  In accordance with Florida Statute 448.095, Contractor or Consultant and their subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. An E-Verify Memorandum of Understanding (MOU) Verification document is required to be submitted when responding to this solicitation.

• ANTI-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY —

  During the performance of this contract, the contractor agrees as follows:

  (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, 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 contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

  (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

  (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

  (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

  (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

  (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

  (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

  (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

  Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

  The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

  The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

  The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

• FINANCIAL RESPONSIBILITY INFORMATION —

  The City may request additional financial information from a Respondent, including financial statements, records, bonds, insurance documentation, or other materials necessary to evaluate the Respondent’s financial capability and responsibility. Such information may be requested during evaluation or prior to award or contract execution.

  Failure to provide requested information within the timeframe specified by the City may result in a determination that the Respondent is not responsible and therefore ineligible for award.

• NO OBLIGATION BY FEDERAL GOVERNMENT —

  FEMA, EPA, FDEP, HMGP or other Federal Entity is not a party to any transaction between a Non-Federal Entity (NFE) and its consultant/contractor. Therefore, FEMA, EPA, FDEP, HMGP or other Federal Entity is not subject to any obligations or liable to any party for any matter relating to the contract between an NFE and its consultant/contractor. (2 C.F.R. §200.318(k)).

  The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the recipient or subrecipient, consultant/contractor, or any other party pertaining to any matter resulting from the contract.

• PUBLIC BID DISCLOSURE ACT —

  Per F.S. 218.80, there are no permit fees for this project, therefore permitting fees to be paid for by contractor is zero dollars.

• SUPPLEMENTAL INFORMATION —

  This section shall include any additional information which the respondent considers pertinent for consideration as part of the proposal.

• PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS —

  Non-Federal Entity's (NFEs) must comply with the requirements of the False Claims Act which prohibits submitting false or fraudulent claims for payment to the federal government (31 U.S.C. §§ 3729-3733). As a part of the contract with a NFE, consultant/contractors must acknowledge that 31 U.S.C. Chap. 38, regarding administrative remedies for false claims and statements, (31 U.S.C. §§ 3801-3812) applies to their actions under their contract. (DHS Standard Terms and Conditions, available at https://www.dhs.gov/publication/dhs-standard-terms-and-conditions. 

  The Consultant/Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the consultant’s/contractor’s actions pertaining to this contract.

• BUSINESS ORGANIZATIONS FLORIDA BUSINESS CORPORATIONS ACT —

  Per F.S. 607.150, a foreign corporation may not transact business in this state until it obtains a certificate of authority from the department.

• DEVIATIONS FROM SOLICITATION SPECIFICATIONS —

  The Respondent shall clearly indicate all areas in which the items the Respondent does not fully comply with the requirements of this specification.  The decision as to whether as item fully complies with the stated requirements rest solely with the City of Cape Coral.

  Deviations can be listed in the Deviations from Specifications sections from the Supplier Acknowledgement Section.

• SOCIOECONOMIC CONTRACTING —

  For procurements under FEMA, EPA, FDEP, HMGP or other Federal Entity declarations and awards issued on or after November 12, 2020, all Non-Federal Entity's (NFEs) are required to take the six affirmative steps to ensure use of small and minority businesses, women’s business enterprises, and labor surplus area firms when possible. One of the six steps is to require the prime consultant/contractor, if subcontracts are to be let, to take the five other affirmative steps, (2 C.F.R. § 200.321; compare 2 C.F.R. § 200.317 (2019), with 2 C.F.R. § 200.317 in Office of Management and Budget, Guidance for Grants and Agreements, 85 Fed. Reg. 49,506, 49,552 (Aug. 13,2020)). For procurements under FEMA, EPA, FDEP, HMGP or other Federal Entity declarations and awards issued between December 26, 2014, and November 12, 2020, this requirement only applies to non-state entities.

  The Consultant/Contractor is encouraged to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)(5) to ensure small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms are considered when possible.

• RESERVATION OF RIGHTS —

  The City of Cape Coral may award one or multiple contracts as a result of this Solicitation.  The City of Cape Coral, however, reserves the right to reject any and all submitted proposals and to limit the scope of the award.

  The City reserves the right to request additional information from Respondents as deemed necessary.  Notice is also given of the possibility that an award may be made without discussion or after limited negotiations. It is, therefore, important that all proposals are complete in all respects.

  The City reserves the right to negotiate modifications to proposals that it deems acceptable, reject any and all proposals in its sole discretion, and to waive minor irregularities in the procedures. The City reserves the right to request a Best and Final Offer. The City reserves the right to negotiate additional related services.

• COPYRIGHT —

  A Non-Federal Entity (NFE) is required by 2 C.F.R. § 200.315 to provide certain licenses with respect to copyright and data to the federal awarding agency. 2 C.F.R. § 200.315(b) provides to the federal awarding agency “a royalty free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use [any work that is subject to copyright] for federal purposes, and to authorize others to do so.” 2 C.F.R. §200.315(d) provides to the federal government the rights to “obtain, reproduce, publish, or otherwise use” data produced under a federal award and to authorize others to do the same.

  License and Delivery of Works Subject to Copyright.

  The Consultant/Contractor grants to the City of Cape Coral, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Consultant/Contractor will identify such data and grant to the City of Cape Coral or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Consultant/Contractor will deliver to the City of Cape Coral data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City of Cape Coral.

• LIQUIDATED DAMAGES —

  The work to be performed under this Agreement may be subject to liquidated damages.  Liquidated damages will be assessed to tasks not completed in the agreed upon timeframe at $200.00 per calendar day.  Tasks to be performed are in the scope of work Part I, Section F.

• EVALUATION AND AWARD —
  1. The City Council reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any response; to reject any and all responses in whole or in part with or without cause, to accept responses that in its judgment will be in the best interest of the City, to negotiate contract terms with the successful respondent, and the right to disregard all nonconforming, nonresponsive or conditional responses.  Following complete investigation of each response received by the City, the City Council reserves the right to make awards on a multiple, lump sum, or individual item basis or in combination as shall best serve the interest of the City. The City reserves the right to negotiate additional related services.
  2. The Successful respondent will be awarded the amount indicated in the electronic submittal.  In evaluating responses, the City shall consider the qualifications of the respondents, whether or not the responses comply with the prescribed requirements, and alternates and unit prices, if requested, in the solicitation documents.
  3. City may conduct such investigations as deemed necessary to assist in the evaluation of any response and to establish the responsibility, qualifications and financial ability of the respondent to do the Work in accordance with the Contract Documents to the City’s satisfaction within the prescribed time.  City reserves the right to reject the response of any respondent who does not pass any such evaluation to the City’s satisfaction.
  4. If the solicitation is an Invitation to Bid (ITB), the City intends to award to the lowest responsive, responsible bidder.  In determining the lowest responsive responsible bidder, in addition to price, the following shall be considered:
     1. The ability, capacity, skill and sufficiency of resources of the bidder to perform the contract.
     2. The bidder's ability to perform the contract within the time specified.
     3. The character, integrity, reputation, judgment, experience and efficiency of the bidder.
     4. The quality of performance of the bidder on previous City contracts.
     5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract.
     6. The quality, availability and adaptability of the supplies or professional or contractual services to the particular use required.
     7. The ability of the bidder to provide future maintenance, service or warranty work.
  5. The City reserves the right to award to the lowest responsive and responsible bidder/respondent, by group or split the award between vendors as best serves the requirements of the City of Cape Coral.
  6. For a Request for Proposal (RFP), the City of Cape Coral may award one or multiple contract(s) as a result of this Solicitation. The City of Cape Coral, however, reserves the right to reject any and all submitted responses and to limit the scope of the award.
  7. The City reserves the right to request additional information from Respondents as deemed necessary. Notice is also given of the possibility that an award may be made without discussion or after limited negotiations for RFP submissions. It is, therefore, important that all responses are complete in all respects.
  8. For an RFP, the City reserves the right to negotiate modifications to proposals that it deems acceptable, reject any and all responses in its sole discretion, and to waive minor irregularities in the procedures. The City reserves the right to request a Best and Final Offer. The City reserves the right to negotiate additional related services.
• BUILD AMERICA, BUY AMERICA ACT (BABAA) FOR ARCHITECTURAL AND/OR ENGINEERING CONTRACTS —

   Build America, Buy America Act Preference.

  Consultants/Contractors and subconsultants/subcontractors agree to incorporate the Buy America Preference into planning and design when providing architectural and/or engineering professional services for infrastructure projects. Consistent with the Build America, Buy America Act (BABAA) Pub. L. 11758 §§ 70901-52, no federal financial assistance funding for infrastructure projects will be used unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States.

• PROVIDING GOOD, SAFE JOBS TO WORKERS —

  Creating Good Jobs.

  Pursuant to FEMA Information Bulletin No. 520, the consultant/contractor will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality of work, the consultant/contractor commits to strong labor standards and protections for the project workforce by creating an effective plan for ensuring high- quality jobs and complying with federal labor and employment laws. The consultant/contractor acknowledges applicable minimum wage, overtime, prevailing wage, and health and safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest extent practicable.

• PERMITS, LICENSES AND REGULATORY COMPLIANCE (WHEN APPLICABLE) —

  The awarded respondent shall comply with all Federal, State, and Local laws, rules and regulations.  The awarded firm shall have or be responsible for obtaining all necessary permits or licenses required.  NO EMPLOYEE OR FAMILY MEMBER OF A CITY EMPLOYEE MAY DO BUSINESS WITH THE CITY WHEN COMPETITIVE BIDDDING HAS NOT BEEN THE SOLE DETERMINING AWARD CRITERIA (ref: Ordinance 68-07 Sec. 2-151, revised7/23/2007).

  A. General Legal Compliance: The awarded Respondent shall comply with all federal, state, and local laws, rules and regulations. Permits and licenses necessary for the performance of this work shall be secured and paid for by the awarded Respondent prior to execution of the contract or purchase order. 

  B. City Permits and Right-of-Way Requirements: Prior to performing work within City rights-of-way, the Contractor shall obtain a Right-of-Way permit and an approved Maintenance of Traffic (MOT) plan by contacting the Public Works Department, Construction Inspector at (239) 242-3295. The City shall notify the Contractor of required City permits and reimburse the Contractor for applicable disclosed permit fees. Any required City permits or fees not previously disclosed may be invoiced separately. 

  A complete list of Permits fees can be obtained from the Department of Community Development located at Cape Coral City Hall or online at https://www.capecoral.gov/department/community_development/fees.php. - Specific information on building permitting requirements may be obtained by calling (239) 574-0546.

  C. Contractor Licensing Requirements:

  1. Performance Licensing:  If the Respondent holds a valid state-certified contractor’s license, registration with the City of Cape Coral Licensing/Business Tax Division is required prior to performing work in Cape Coral. A City Competency License is also required where applicable.

  If the Respondent maintains a permanent business location within the City of Cape Coral, including branch offices or storage or warehouse facilities, the Respondent shall obtain the required City Certificate of Use, Business Tax Receipt, and occupational licenses.

  2. Licensing Documentation (Submittal Requirement): Respondents holding a valid state-certified contractor’s license shall submit copies of required occupational and/or competency licenses with their response. If a Respondent does not hold a current City of Cape Coral license at the time of submission, registration with the Licensing Division of the Department of Community Development is required and shall be completed upon contract award. Specific information on licensing requirements may be obtained by calling (239) 574-0430.

  Failure to provide evidence of required occupational or competency licenses may result in the response being deemed non-responsive.

• COMPLIANCE WITH GOVERNMENT STANDARDS (WHEN APPLICABLE) —

  All services to be purchased under this solicitation shall be performed in accordance with all governmental standards, to include, but not be limited to, those issued by the American National Standards Institute (ANSI), the American Society for Testing Materials (ASTM), the Environmental Protection Agency (EPA), the Instrument Society of America (ISA), the International Standards Organization (ISO), the National Institute of Occupations Safety Hazards (NIOSH), the National Sanitation Foundation (NSF),  the National Fire Protection Association (NFPA), and the Occupational Safety and Health Administration (OSHA). Special attention is made to OSHA’s 29CFR 1910 regulations relating to hazardous atmospheres in confined spaces.

  It shall be the responsibility of all Respondents to follow current standards and be regularly informed and to conform to any changes in standards issued by any regulatory agencies during the term of this contract.

• BUY CLEAN —

  The City of Cape Coral encourages the use of environmentally friendly construction practices in the performance of this Agreement. In particular, the City of Cape Coral encourages that the performance of this agreement includes considering the use of low-carbon materials which have substantially lower levels of embodied greenhouse-gas emissions associated with all relevant stages of production, use, and disposal, as compared to estimated industry averages of similar materials or products as demonstrated by their environmental product declaration.

• SAFETY OSHA COMPLIANCE —

  The Contractor shall comply in all respects with all Federal, State and Local safety and health regulations.  Copies of the Federal regulations may be obtained from the U.S. Department of Labor, Occupation Safety and Health Administration (OSHA), Washington, DC 20210 or their regional offices.

  The Contractor shall comply in all respects with the applicable Workman’s Compensation Laws.

• CONFLICTS OF INTEREST (2 CFR 200.318) – GENERAL PROCUREMENTS STANDARDS —
  1. The recipient or subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by the Federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An employee, officer, agent, and board member of the recipient or subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from consultants/contractors. However, the recipient or subrecipient may set standards for situations where the financial interest is not substantial or a gift is an unsolicited item of nominal value. The recipient's or subrecipient's standards of conduct must also provide for disciplinary actions to be applied for violations by its employees, officers, agents, or board members.
  2. If the recipient or subrecipient has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian Tribe, the recipient or subrecipient must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationships with a parent company, affiliate, or subsidiary organization, the recipient or subrecipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.
• CONTRACTING WITH SMALL BUSINESSES, MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, VETERAN-OWNED BUSINESSES AND LABOR SURPLUS AREA FIRMS - (2 CFR PART 200.321): —
  1. When possible, the recipient or subrecipient should ensure that small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms (See U.S. Department of Labor's list) are considered as set forth below.
  2. Such consideration means:
     1. These business types are included on solicitation lists;
     2. These business types are solicited whenever they are deemed eligible as potential sources;
     3. Dividing procurement transactions into separate procurements to permit maximum participation by these business types;
     4. Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types;
     5. Utilizing organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
     6. Requiring a consultant/contractor under a Federal award to apply this section to subcontracts.

   

• EQUAL EMPLOYMENT —

  In accordance with Federal, State and Local law, the submitting firm will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or handicap.  The submitting firm will be required to comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of this contract.

• E-VERIFY VALIDATION —

  As a condition precedent to entering into this CONTRACT and in compliance with The Immigration and Nationality Act (INA), 8 U.S.C. Section 1324a(e) Section 274A(e) and Florida Statute State Section §448.095, Contractor or Consultant and their subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. The Employment Verification System (E-Verify) is operated by the Department of Homeland Security in partnership with the Social Security Administration.

  A public agency must require in any contract that the contractor, and any subcontractor thereof, register with and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor. A public agency or a contractor or subcontractor thereof may not enter into a contract unless each party to the contract registers with and uses the E-Verify system.

  NOTE: Response to this Solicitation must include E-Verify Memorandum of Understanding (MOU) Verification document.  Upload the E-Verify MOU document under the Response Attachment Tab.

  PUBLIC AGENCY CONTRACTING

  (a)     A public agency must require in any contract that the contractor, and any subcontractor thereof, register with and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor. A public agency or a contractor or subcontractor thereof may not enter into a contract unless each party to the contract registers with and uses the E-Verify system.

  (b)    If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract.

  (c)     1.   A public agency, contractor, or subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with the person or entity.

  ​2.   A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the contractor otherwise complied with this subsection, shall promptly notify the contractor and order the contractor to immediately terminate the contract with the subcontractor.

  3.   A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with a contractor under this paragraph, the contractor may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. A contractor is liable for any additional costs incurred by a public agency as a result of the termination of a contract.

  (d)    A public agency, contractor, or subcontractor may file a cause of action with a circuit or county court to challenge a termination under paragraph (c) no later than 20 calendar days after the date on which the contract was terminated.

• ENERGY POLICY AND CONSERVATION ACT (42 U.S.C. 6201) —

  Consultant/Contractor must follow any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

• HUMAN TRAFFICKING —

  Pursuant to Florida Statute 787.06, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in F.S. 787.06.

• DRUG-FREE WORKPLACE —

  Vendor agrees to comply with the drug-free workplace requirements for Federal Vendors pursuant to 41 U.S.C.A. § 8102.

• APPLICABLE LAW —

  All applicable laws and regulations of the State of Florida and ordinances and regulations of the City of Cape Coral will apply to any resulting agreement and venue for any action arising out of, or in connection with, this Solicitation and responses thereto shall lie solely in Lee County.

• MAINTENACE OF RECORDS —
  1. The Bidder/Consultant/Contractor will keep and maintain adequate records and supporting documentation applicable to all the services, work, information, expense, costs, invoices, and materials provided and performed pursuant to the requirements of this Agreement. Said records and documentation will be retained by the Consultant/Contractor for a minimum of ten (10) years from the date of completion or termination of the Agreement, or for such period as required by law.
  2. Consultant/Contractor shall provide, when requested, access by the City, Federal granting agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the consultant/contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions.
  3. Consultant/Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
  4. Consultant/Contractor agrees to provide the federal agency or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the resulting contract.
  5. Consultant/Contractor shall retain all records associated with this solicitation and any Agreements that are created in response to the solicitation for a period of no less than ten (10) years after final payments and all other pending matters are closed.
  6. The City and its authorized agents shall, with reasonable prior notice, have the right to audit, inspect and copy all such records and documentation as often as the City deems necessary during the period of the Agreement, and during the period as set forth in the paragraphs above; provided, however, such activities shall be conducted only during normal business hours of the Consultant/Contractor and at the expense of the City.
• PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING —

  In accordance with Florida Statute 287.05701 the City may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor.  An awarding body may not give preference to a vendor based on the vendor’s social, political, or ideological interests.

• ACRONYMS —

  AFG: Assistance to Firefighter Grants

  BABAA: Build America Buy America Act

  BRIC: Building Resilient Infrastructure and Communities

  CAGE: Commercial and Government Entity

  CCP: Crisis Counseling Assistance & Training Program

  CFR: Code of Federal Regulations

  DCM: Disaster Case Management

  DHS: U.S. Department of Homeland Security

  DRRA: Disaster Recovery and Reform Act of 2018

  EMPG: Emergency Management Performance Grant

   EPA: U.S. Environmental Protection Agency

  FAR: Federal Acquisition Regulation

  FDEP: Florida Department of Environmental Protection

  FEMA: Federal Emergency Management Agency

  FMAG: Fire Management Assistance Grant Program

  HHPD: High Hazard Potential Dam Grant Program

  HMA: Hazard Mitigation Assistance

  HMGP: Hazard Mitigation Grant Program

  HSGP: Homeland Security Grant Program

  IHE: Institution of Higher Education

  IHP-ONA: Individuals and Households Program – Other Needs Assistance

  IPR: Intercity Passenger Rail Program

  IRA: Inflation Reduction Act

  JFO: Joint Field Office

  NDAA: National Defense Authorization Act

  NOFO: Notice of Funding Opportunity

   NSGP: Nonprofit Security Grant Program

  OMB: Office of Management and Budget

  PA: Public Assistance Program

  PSGP: Port Security Grant Program

  RLF: Revolving Loan Fund

  SAM: System for Award Management

  SAT: Simplified Acquisition Threshold

  THSGP: Tribal Homeland Security Grant Program

  TSGP: Transit Security Grant Program

  USC: United States Code

• FEMA COMPLIANCE (WHEN APPLICABLE) —

  If made applicable by the use of Federal Grant funds in the Project, or any other requirement, the Respondent and any Sub-contractors included as part of project team shall comply with the most recent enactments, rules, regulations, orders, and statutes as shown at the link below:

  Resource Library: Purchasing Under a FEMA Award | FEMA.gov

• DEFINITIONS —
  • Contract: A legal instrument by which a FEMA, EPA, FDEP, HMGP or other Federal Entity award recipient or subrecipient purchases property or services needed to carry out the project or program under a federal award. A contract, for the purposes of this Guide, does not mean a federal award or subaward.
  • Consultant/Contractor: An entity that receives a contract.
  • Cooperative agreement: A legal instrument of financial assistance between a federal agency and a recipient or between a pass-through entity and subrecipient, consistent with 31 U.S.C. 63026305:
    • Is used to enter into a relationship the principal purpose of which is to transfer anything of value to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the federal government or pass-through entity's direct benefit or use;
    • Is distinguished from a grant in that it provides for substantial involvement of the federal agency or pass-through entity in carrying out the activity contemplated by the federal award.

  The term does not include:

  • • A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or

  An agreement that provides only:

  • • Direct United States Government cash assistance to an individual;
    • A subsidy;
    • A loan;
    • A loan guarantee; or Insurance.
  • Environmental Protection Agency (EPA): the mission of EPA is to protect human health and the environment.  Among other things the EPA works to ensure that:
    • Americans have clean air, land and water;
    • National efforts to reduce environmental risks are based on the best available scientific information;
    • Federal laws protecting human health and the environment are administered and enforced fairly, effectively and as Congress intended;
    • Environmental stewardship is integral to U.S. policies concerning natural resources, human health, economic growth, energy, transportation, agriculture, industry, and international trade, and these factors are similarly considered in establishing environmental policy;
    • All parts of society--communities, individuals, businesses, and state, local and Tribal governments--have access to accurate information sufficient to effectively participate in managing human health and environmental risks;
    • Contaminated lands and toxic sites are cleaned up by potentially responsible parties and revitalized; and
    • Chemicals in the marketplace are reviewed for safety.
  • Federal agency: An “agency” as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f). The term generally refers to the agency that provides a federal award directly to a recipient unless the context indicates otherwise. See also definitions of federal award and recipient. The federal agency discussed in this Guide is FEMA, EPA, FDEP, HMGP or other Federal Entity.
  • State agency: A "State agency" as defined at 42 U.S.C. 4601(3).  The term generally refers to the agency that provides a grant award to a recipient unless the contest indicates otherwise.  See also definitions of federal award, federal financial assistance and recipient.  The state agency discussed in this Guide is FDEP, FDOT or other State entity.
  • Federal award: In this Guide, the term is used interchangeably with “FEMA, EPA, FDEP, HMGP or other Federal Entity Award” and means the federal financial assistance that a recipient receives directly from a federal agency or indirectly from a pass-through entity, as described in 2 C.F.R. § 200.101. The financial assistance that a recipient or subrecipient receives either directly from a federal agency or indirectly from a pass-through entity.
  • Federal Emergency Management Agency (FEMA): FEMA’s statutory mission is to reduce the loss of life and property and protect the Nation from all hazards, including natural disasters, acts of terrorism, and other man-made disasters, by leading and supporting the Nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation. Among other things:
    • FEMA administers its programs and carries out its activities through its headquarters offices in Washington, D.C.; 10 Regional Offices; Area Offices for the Pacific, Caribbean, and Alaska; various Recovery Offices; and temporary Joint Field Offices (JFO).
    • FEMA administers numerous assistance programs annually on a regular basis to increase the Nation’s preparedness, readiness, and resilience to all hazards. These assistance programs are typically available to recipients or subrecipients, including, but not limited to, states, local governments, Indian Tribes, universities, hospitals, and certain private nonprofit organizations.
    • Each program is governed by the applicable federal law, regulations, executive orders, and FEMA program-specific policies. As the federal agency for these programs, FEMA is responsible for the proper management and administration of these programs as otherwise required by law and enforcing the terms of the agreements it enters with recipients or subrecipients that receive FEMA financial assistance, consistent with the requirements at 2 C.F.R. Part 200.
  • Florida Department of Environmental Protection: The Florida Department of Environmental Protections protects, conserves and manages the state's natural resources and enforces its environmental laws.  The Vision is to advance Florida's position as a world leader in protecting natural resources while growing the state's economy.  Among other things
    • Leadership - Serve as an example of how to protect natural resources and economic vitality while adhering to the integrity of our shared vision.
    • Integrity - Operate ethically, honorably and respectfully.
    • Accountability - Accept personal ownership of our actions and responsibilities.
    • Communication - operate Transparently, sharing information frequently and honestly.
    • Innovation - Seek innovative ways to improve operations and scientific achievements.
    • Service - Serve Florida, its environment, the public, stakeholders and each other.
  • Grant agreement or grant: A legal instrument of financial assistance between a federal agency and a recipient or between a pass-through entity and a subrecipient, consistent with 31 U.S.C. § § 6302, 6304: Is used to transfer anything of value from the federal agency or pass-through entity to the recipient or subrecipient to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. § 6101(3)); and does not include an agreement that provides only:
    • Direct United States government cash assistance to an individual;
    • A subsidy;
    • A loan;
    • A loan guarantee; or
    • Insurance.
  • Indian Tribe (or “federally recognized Indian tribe”): Any Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. Chapter 33), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See 25 U.S.C. 5304(e). This includes any Indian Tribe identified in the annually published Bureau of Indian Affairs list of “Indian Entities Recognized and Eligible to Receive Services” and other entities that qualify as an Alaska Native village or regional village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act.
  • Local government: Any unit of government within a state, including a:
  • • County
    • Borough
    • Municipality
    • City
    • Town
    • Township
    • Parish
    • Special district
    • School District
    • Intrastate district
    • Council of governments, whether incorporated or not as a nonprofit corporation under state law
    • Local public authority, including any public housing agency under the United States Housing Act of 1937
    • Any other agency or instrumentality of a multi-regional, or intra-state or local government.
  • Nonprofit organization: Any organization that:
  • • Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;
    • Is not organized primarily for profit;
    • Uses net proceeds to maintain, improve, or expand the organization's operations; and
    • Is not an IHE.
  • Pass-through entity: A recipient or subrecipient that provides a subaward to a subrecipient (including lower tier subrecipients) to carry out part of a federal program. The authority of the pass-through entity under this part flows through the subaward agreement between the passthrough entity and subrecipient. Pass-through entities are responsible for processing subawards to subrecipients and ensuring subrecipient compliance with the terms and conditions of the FEMA, EPA, FDEP, HMGP or other Federal Entity award agreement.
  • Political Subdivision: The unit of government that the State determines to have met the State’s legislative definition of a political subdivision.
  • Recipient: An entity that receives a federal award directly from a federal agency to carry out an activity under a federal program. The term recipient does not include subrecipients or individuals that are participants or beneficiaries of the award. A recipient is responsible for administering the federal award in accordance with applicable federal laws. Examples of recipients include state, local, Indian tribal, and territorial governments.
  • Simplified Acquisition Threshold (SAT): The dollar amount below which a recipient or subrecipient may purchase property or services using small purchase methods (see 2 C.F.R. § 200.320). Recipients and subrecipients adopt small purchase procedures to expedite the purchase of items at or below the simplified acquisition threshold. The simplified acquisition threshold set in the FAR at 48 C.F.R. part 2, subpart 2.1 is used in this part as the simplified acquisition threshold for secondary procurement activities administered under Federal awards. The recipient or subrecipient is responsible for determining an appropriate simplified acquisition threshold, which is less than or equal to the dollar value established in the FAR, based on internal controls, an evaluation of risk, and its documented procurement procedures. Recipients and subrecipients should also determine if local government purchasing laws apply. This threshold must never exceed the dollar value established in the FAR. Presently and as of June 2018, the federal SAT is $250,000, but is periodically adjusted for inflation.
  • State: Any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any agency or instrumentality thereof exclusive of local governments. In this Guide, state is used interchangeably with “state entity”.
  • Subaward: An award provided by a pass-through entity to a subrecipient for the subrecipient to contribute to the goals and objectives of the project by carrying out part of a federal award received by the pass-through entity. It does not include payments to a consultant/contractor, beneficiary, or participant. A subaward may be provided through any legal agreement consistent with criteria in 2 C.F.R. § 200.331, including an agreement the pass-through entity considers a contract. In this Guide, the term is used interchangeably with “subgrant.”
  • Subrecipient: An entity that receives a subaward from a pass-through entity to carry out part of a federal award. The term subrecipient does not include a beneficiary or participant. A subrecipient may also be a recipient of other federal awards directly from a federal agency.
• LOCAL VENDOR PREFERENCE —

  In accordance with Article VII Division 1 Sections 2-144(a(10) of the City of Cape Coral Ordinance prior to award, a vendor who desires to be considered for local preference in a bid/proposal must submit sufficient information with its bid/proposal to allow consideration, including a copy of a paid business tax receipt showing a full 12 months in advance of the bid submittal date.

  If grants are applicable to this procurement, local vendor preference will not be applicable.  Grants may be obtained prior to, during and after solicitation release.

• SAM.gov Registration —

  SAM.gov (System for Award Management) is the official U.S. government platform that all businesses must register with to be eligible for federal contracts, grants, loans, and payments. This applies to all businesses nationwide, including those in Florida. This project is utilizing federal funding which requires an "Active" registration through the SAM.gov website.

  Key Reasons to Register at www.SAM.gov:

  • Eligibility for Federal Contracts
    You must be registered in SAM.gov to bid on or win federal contracts. Federal contracting officers cannot review proposals or award contracts to unregistered entities.
  • Access to Federal Grants and Loans
    Registration is required to receive federal funding, including disaster relief, infrastructure grants, and SBAbacked loans.
  • Visibility to Government Agencies
    Registered businesses are listed in a searchable database used by government buyers, increasing the chances of being selected for opportunities—especially small business or disadvantaged business set-aside contracts.
  • Compliance and Certification
    SAM registration is a prerequisite for obtaining key certifications, such as SBA 8(a), HUBZone, or Women-Owned Small Business (WOSB) certifications, and for complying with federal acquisition regulations.
  • Required for Payment
    No federal agency can legally pay a business for goods or services without an active SAM registration.
• LOCAL VENDOR PREFERENCE - NOT APPLICABLE —

  Certain conditions may make the Local Vendor Preference section exempt, such as but not limited to cooperative purchases, piggybacks, purchases exempt from competition, where funding prohibits, grants, possible FEMA reimbursements or when the City Manager or Council has good cause.

  This solicitation is EXEMPT from Local Vendor Preference.

• FHWA-1273 - FEDERAL-AID CONSTRUCTION CONTRACTS —

  The provisions of Form FHWA-1273 generally apply to all Federal-aid construction projects, and must be physically incorporated into the construction contract, subcontracts and lower-tier subcontracts. The link provided below will redirect you the Federal Highway Administration site where you can access the updated requirements and form.

  https://www.fhwa.dot.gov/construction/cqit/form1273.cfm 

• LOCAL VENDOR PREFERENCE - NOT APPLICABLE TO UTILITIES EXTENSION PROJECTS (UEP) OR PROJECTS GREATER THAN $10M —

  This solicitation is EXEMPT from Local Vendor Preference. 

  Per City Ordinance, local vendor preference will not be applied to the Utilities Extension Projects (UEP) or to projects that exceed $10M.

• Federal Funding - 2 C.F.R. and Appendix II Compliance —

  This solicitation may be utilizing Federal Funding.  The link provided below will redirect you the 2 C.F.R. Part 200 and the Appendix II to Part 200 site where you can access the updated requirements.

  2 C.F.R. Part 200

  https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1

  Appendix II to Part 200

  https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200

• COMPLIANCE WITH LAWS (WHEN APPLICABLE) —

  If made applicable by the use of Federal Grant funds in the Project, or any other requirement as set out below, Respondents and any Sub-contractors included as part of project teams shall comply with the following enactments, rules, regulations, orders, and statutes:

  1. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub-grantees).
  2. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR part 3).
  3. Davis-Bacon Act (40 U.S.C. 3141 et seq.) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and sub-grantees when required by Federal grant program legislation).
  4. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 701 et seq.) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts awarded by grantees and sub-grantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers).
  5. All applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 7606), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and sub-grants of amounts in excess of $100,000).
  6. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L 94-163,89 Stat. 871).
• CONTRACT TIME —

  The Work shall be completed within the number of calendar days specified in the "Supplier Acknowledgement" section of this Solicitation, measured from the date of commencement stated in the Notice to Proceed or, when applicable, from the date the purchase order is received by the awarded Respondent. Completion shall occur no later than the specified completion date or within the stated performance period. Contract time will also be included in the Agreement.

• WORK HOURS —
  1. Regular working hours are defined as up to eight (8) hours per day, Monday through Friday, beginning no earlier than 7:00 AM and ending no later than 7:00 PM, excluding City recognized holidays.  The City observes the following holidays: New Year’s Day, Martin Luther King Jr., President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and the day after, and Christmas Day.
  2. Whenever the Contractor is performing any part of the Work, with the exception of equipment maintenance and cleanup, City’s representation and/or inspection will be required.  Requests to work other than regular working hours, as herein defined, must be submitted to the City’s designated representative for approval, at least 48 hours prior to any proposed weekend work or extended work weeks.  This is required to give the City ample time to arrange for representation and/or inspection during those periods.  Periodic unscheduled overtime on weekdays may be permitted provided two hours minimum notice is provided to the City’s designated representative.
• INSPECTION (WHEN APPLICABLE) —

  Upon receipt, a City representative prior to acceptance shall inspect each shipment for condition and specification compliance. If the shipment must be rejected for any reason, the seller shall be required to pick up the shipment at point of delivery at no charge to the City.

• METHOD OF ORDERING —

  It is anticipated that the City will utilize purchase orders or blanket purchase orders.  Orders will be placed on an as needed basis.

• SUMMARY REPORTS —

  Awarded Respondent(s) shall be responsible for furnishing summary reports to the Procurement Division upon request. These reports shall be for time period specified and contain quantity and dollars spent for each item purchased.

• ADDITIONS/DELETIONS —

  The City reserves the right to request additional goods related to the scope of this Solicitation that are not specifically listed in the line items. 

• SUBSTITUTE MATERIAL AND EQUIPMENT (WHEN APPLICABLE) —

  The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or “or equal” item of material or equipment may be furnished or used by Contractor is acceptable to A/E, application for such acceptance will not be considered by A/E until after the “effective date of the Agreement.”

  
  Contractor submittal is to be based on the specifications outlined in the Solicitation.

• SPECIAL RESPONSIBILITIES (WHEN APPLICABLE) —

  Burrowing Owls are classified as “Threatened” and are protected under the Florida Administrative Code, the Migratory Bird Treaty Act, and City Ordinance 20-19. In accordance with the Florida Fish and Wildlife Conservation Commission, the City of Cape Coral is mandating that appropriate protective techniques must be initiated.

  1. It is hereby acknowledged and accepted by all contractors that the Burrowing Owls are protected by State and Federal law. Any malicious harassing of an owl, causing injury or death, or unlawful taking of their nesting sites can result in a fine up to five thousand ($5,000) dollars and/or imprisonment to the contractor.
  2. Therefore, the contractor shall through the execution of his/her contract, acknowledge that they have been made aware of applicable laws concerning Burrowing Owls and their burrow.
  3. The proper methods for identifying and protecting owls and burrows are as follows:
     1. Pre-inspection of the project limits prior to the commencement of construction and staking each owl’s nest so as to prevent destruction during the construction operations; and the contractor, to the best of his ability, shall be required to submit the list of all owls’ nests to the A/E. Nests should be staked and roped off with a minimum ten (10) foot radius buffer. This buffer shall be increased to thirty-three (33) feet from Feb 15^th – July 10^th.
     2. The Contractor shall do no construction within a ten (10) foot radius of each nest, identified by four (4) stakes, between July 11^th and February 14^th or within a thirty-three (33) foot radius between February 15^th and July 10^th. Stakes shall be 1” x 2” x 36” above ground level, topped by red surveying ribbon supplied by the Contractor. Stakes should be placed in a square pattern ten (10) feet from the burrow entrance July 11^th – February 14^th and thirty-three (33) feet from the burrow entrance February 15^th – July 10^th.
     3. The Contractor shall accept full responsibility for the actions of his employees and subcontractors to ensure that all laws protecting the owls are adhered to. It shall be clearly understood by each Contractor that City staff will monitor their activities and will take action if a burrow is maliciously/unlawfully destroyed, or if injury/death occurs as a direct result of his actions.
     4. By submitting a response, it is hereby acknowledged and accepted by each Respondent that the Burrowing Owls are protected by these laws and that they have been informed by the City of the laws concerning Burrowing Owls and their burrows. The City’s Department of Community Development use white PVC stakes for marking owl burrows and the Contractors are to exercise caution when around these areas.

  Gopher Tortoises - By submitting a response for these services, it is hereby acknowledged and accepted by each Respondent that Gopher Tortoises are protected by Ordinance 20-19 and State Laws which prohibit the harming of Gopher Tortoises and their burrows.   Harming of Gopher Tortoises and their burrows will be reported to State authorities. The City marks the half-moon shaped burrows with a single white PVC stake. The Contractor should be on careful watch for any unmarked burrows/nest and maintain a minimum twenty-five (25) feet buffer from the burrow/nest. Burrows shall be roped off with a 25-foot buffer prior to commencement of any construction activities.  Units 33, 35, 37, 51, 53, 80, 91, and 97 have heavy Gopher Tortoise Populations. Gopher Tortoises are typically active during daylight hours and due care should be taken by the awarded Contractor(s) during that time.      

  Bald Eagles - Be advised that specific areas of this project may lie within a protective zone of a Bald Eagle nesting site, which are protected by City Ordinance 165-06, and Federal and State laws. 

  The Contractor shall accept full responsibility for the actions of their employees and subcontractors to ensure that all laws protecting endangered species, including but not limited to, Burrowing Owls, Gopher Tortoises, Bald Eagles, Eastern Indigo Snakes, Florida Bonneted Bats, and Small Tooth Sawfish are adhered to.  It shall be clearly understood by each Contractor that City staff will monitor their activities and will take action.

• TAX EXEMPTION —

  The City of Cape Coral, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes.  The awarded Respondent will be provided a copy of the City of Cape Coral's Certificate of Exemption (85-8012589883C-5) upon request.

• PAYMENT —
  1. CITY shall make payment and the Firm shall be in receipt of all sums properly invoiced within thirty (30) days of the CITY’s receipt of such invoice unless, within a fifteen (15) day period, CITY notifies the Firm in writing of its objection to the amount of such invoice, together with CITY’s determination of the proper amount of such invoice. CITY shall pay any undisputed portion of such invoice within such thirty (30) day period. 
  2. If CITY shall give such notice to the Firm within such fifteen (15) day period, such dispute over the proper amount of such invoice shall be resolved, and after final resolution of such dispute, CITY shall promptly pay the Firm the amount so determined, less any amounts previously paid by CITY with respect to such invoice. In the event it is determined that CITY has overpaid such invoice, the Firm shall promptly refund to the CITY the amount of such overpayment.
  3. The City of Cape Coral has implemented a P-Card Program.  The awarded Contractor may take advantage of this program and receive payments within days of delivery in lieu of standard invoicing by accepting a City of Cape Coral VISA Purchasing Card.  However, no additional costs will be covered by the City of Cape Coral for the awarded Contractor Merchant Service fees and/or interchange rate.
  4. Payments by Electronic Funds Transfer: All payments made by the City of Cape Coral, Florida will be made by Direct Deposit (ACH) via electronic funds transfer. Paper checks will no longer be issued to new vendors. Every new vendor must register for direct deposit with the City by providing a "Vendor Authorization Agreement for Electronic Funds Transfer” form (ACH Form) to the City’s Financial Services Accounting Division. It is strongly encouraged for current vendors to register for direct deposit with the City via Direct Deposit (ACH) Electronic Funds Transfer form.  The form may be accessed on the City of Cape Coral website at:

  https://www.capecoral.gov/Documents/Departments/Financial%20Services/Procurement/ACH%20Authorization%20Form.pdf?t=202511131118130

  Please contact the Procurement Division at the number shown on this solicitation document herein as the first point of contact for more information. The link below will take you to the City of Cape Coral vendor Registration page:

  https://www.capecoral.gov/department/financial_services/procurement/vendor_registration.php

  Suppliers submitting a response to any solicitation are not required to be registered vendors or set up EFT payment prior to submitting their response.  Suppliers do need to become register vendors and have the EFT payment form in place prior to the award of any contract.

• INVOICES —

  Invoices must include full item description, unit and extended prices, P.O. number, ordering division, delivery location, quantities delivered and backorder status.

• ANNUAL APPROPRIATION —

  The City’s performance and obligation to pay under this contract is contingent upon annual an appropriation by the City Council. This Contract is not a commitment of future appropriations.  Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the City if the City Council reduces or eliminates appropriations.

• CONTINGENT FEES PROHIBITED —

  The Respondents firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the CITY, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract or lease with the CITY.

• OWNERSHIP OF PRELIMINARY AND FINAL RECORDS —

  All preliminary and final documentation and records shall become and remain the sole property of the CITY. The awarded firm shall maintain original documents thereof for its records and for its future professional endeavors and provide reproducible copies on readable/reproducible disks (CD/DVD), and/or flash drives to the CITY. These records shall be kept in accordance with generally accepted accounting principles, and the CITY reserves the right to determine record-keeping method in the event of non-conformity. These records shall be maintained for ten (10) years after final payment has been made and shall be readily available to CITY personnel with reasonable notice, and to other persons in accordance with the Florida Public Disclosure Statutes. In the event of termination of the agreement the proposing firm shall cease work and deliver to the CITY all documents (including reports and all other data and material prepared or obtained by the awarded firm in connection with the project), including all documents bearing the professional seal of the firm.

• RIGHT OF AUDIT - EXAMINATION OF RECORDS —
  1. Records for all contracts, specifically including but not limited to Not to Exceed subcontracts (i.e., fixed price or stipulated sum contracts, unit price, costs plus or time & material contracts with or without a guaranteed maximum (or not-to-exceed amounts) shall upon seven (7) calendar days written notice from the CITY shall be open to inspection and subject to audit, scanning, and/or reproduction during normal business working hours. Such audits may be performed by any CITY representative, or any outside representative engaged by the CITY for the purpose of examining such records. Such records must be complete and made available at Contractor’s offices located in Lee County, Florida. The CITY or its designee may conduct such audits or inspections throughout the term of this Agreement and for a period of four (4) years after final payment or longer if required by law. The CITY’s representatives may (without limitation) conduct verifications such as counting employees at the Work site, witnessing the distribution of payroll, verifying information and amounts through interviews and written confirmations with Firm’s employees, field and agency labor, subcontractors and vendors.
  2. Firm’s “records” as referred to in this Agreement shall include any and all information, materials, and data of every kind and character, including without limitation, records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may in the CITY’s judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document. Such records shall include (hard copy, as well as computer readable data if it can be made available), written policies and procedures; time sheets, payroll registers, payroll records; cancelled payroll checks, subcontract files (including proposals of successful and unsuccessful Respondents, bid recaps, negotiation notes, etc.); original bid estimates; estimating worksheets; correspondence; change order files (including documentation covering negotiated settlements); back-charge logs and supporting documentation; invoices and related payment documentation; general ledger, information detailing cash and trade discounts earned, insurance rebates and dividends; and any other Firm records which may have a bearing on matters of interest to the CITY in connection with the Firm’s dealings with the CITY (all foregoing hereinafter referred to as “records”) to the extent necessary to adequately permit evaluation and verification of any and all of the following:
     1. Compliance with contract requirements for deliverables;
     2. Compliance with approved plans and specifications;
     3. Compliance with Owner's business ethics expectations;
     4. Compliance with contract provisions regarding the pricing of change orders;
     5. Accuracy of Firm’s representations regarding the pricing of invoices;
     6. Accuracy of Firm’s representations related to claims submitted by the Contractor or any of its payees.
  3.  Firm shall require all payees (examples of payees include sub-consultants, subcontractors, material suppliers, insurance carriers, etc.) to comply with the provisions of this article by including the requirements hereof in a written contract agreement between Firm and payee. Firm will ensure that all payees (including those entering into lump sum contracts) have the same right to audit provisions contained in this Agreement. This provision survives the expiration of this Agreement.
  4. CITY authorized representative(s) shall have reasonable access to Firm’s facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with this article. This provision survives the expiration of this Agreement.
  5. If an audit inspection or examination in accordance with this article discloses overpricing or overcharges to the CITY (of any nature) by Firm and/or Firm’s subcontractors and/or sub-consultants, the CITY shall be entitled to adjustment and reimbursement or recovery in the amount of such overpricing or overcharging.  In addition to making adjustments for the overcharges, the reasonable actual cost of the CITY’s audit shall be reimbursed to the CITY by Contractor. Any adjustments and/or payments which must be made as a result of any such audit or inspection of Contractor’s invoices and/or record shall be made within a reasonable amount of time (not to exceed forty- five (45) calendar days) from presentation of the CITY’s findings to Contractor.  This provision survives the expiration of this Agreement.
  6. In addition to the normal paperwork documentation Firm typically furnishes to the CITY, in order to facilitate efficient use of the CITY’s resources when reviewing and/or auditing Contractor’s billings and related reimbursable cost records, Firm agrees to furnish (upon request) the following types of information in the specified computer (PC) readable file format(s):

     TYPE OF RECORD	FILE FORMAT
     Monthly Job Cost Detail	.pdf and Excel
     Detailed Job Cost History to Date	.pdf and Excel
     Monthly Labor Distribution Detail (if not already separately detailed in the Job Cost Detail)	.pdf and Excel
     Total Job to Date Labor Distribution Detail (if not already included in the detailed Job History to date)	.pdf and Excel
     Employee Timesheets documenting time worked by all individuals who charged reimbursable time to the project	.pdf and Excel
     Weekly Task Reports listing names and hours and tasks of personnel who worked on the project	.pdf
     Weekly Project Manager Reports	.pdf
     Detailed Subcontract Status Reports (showing original subcontract value, approved subcontract change orders, subcontractor invoices, payment to subcontractors, etc.	.pdf and Excel
     Copies of Executed Subcontracts with all Subcontractors	.pdf
     Copies of all executed change orders issued to Subcontractors	.pdf
     Copies of all documentation supporting all reimbursable job costs (subcontractor payment applications, vendor invoices, internal cost charges, etc.)	.pdf

• RECORD KEEPING & ACCESS —

  All records in any manner whatsoever relating to the assigned Project, or any designated portion thereof, which are in the possession of the Respondent or its subconsultants or subcontractors, shall be made available to the CITY for inspection and copying upon written request of the CITY. Additionally, such records shall be made available, upon request by the CITY, to any applicable state, federal, or other regulatory authorities, and any such authority may review such. 

  Said records include, but are not limited to, all submittals, correspondence, memoranda, audio recordings, video recordings, and other writings which document the project. Said records expressly include documentation of time expended and expenses by the Contractor and its personnel incurred in performance of the contract and the records of expenses incurred by the Respondent in its performance under said contract.

  The CITY intends to reuse all plans at some future time in accordance with Section 287.055(10), Florida Statutes. There shall be no public notice requirement or utilization of the selection process when the CITY reuses such plans, as permitted by law.

  General Record-Keeping Requirements

  The awarded respondent (hereinafter “Contractor”) shall maintain auditable records adequate to account for all receipts and expenditures related to the project and to document compliance with the Solicitation Documents and resulting Contract. 

  Such records shall be maintained in accordance with generally accepted accounting principles; follow accounting procedures acceptable to the City; and include full and detailed accounts and financial records pertaining to performance of the Work and provision of services to the City. 

  The City of Cape Coral reserves the right to determine the record-keeping method in the event of non-conformity. 

  Personnel, Subcontractor, and Cost Records

  Records of the Contractor’s personnel, subcontractors, and all costs pertaining to the Project shall be maintained in accordance with generally accepted accounting practices.

  Prior to commencing Work, the Contractor shall review with and obtain the City’s approval of the accounting procedures and records to be utilized on the Project.

  Audit Rights and Reimbursement

  The City reserves the right to audit, inspect, or examine the Contractor’s and its subcontractors’ records, invoices, and other Project-related documentation to verify compliance with the Contract and the accuracy of charges.

  If any audit, inspection, or examination discloses overpricing or overcharges of any nature to the City by the Contractor and/or its subcontractors, the CITY shall be entitled to adjustment and reimbursement or recovery in the amount of such overpricing or overcharging. If the amount of the overpricing or overcharging exceeds One Hundred Thousand Dollars ($100,000.00), in addition to adjusting for the overcharges, the reasonable actual cost of the CITY’s audit shall be reimbursed to the CITY by Contractor.  All required reimbursements or adjustments resulting from any such audit or inspection shall be made within thirty (30) calendar days from presentation of the CITY's written findings to the Contractor.

  Record Retention 

  The Contractor shall preserve the aforementioned records for a period of ten (10) years after final payment, or longer if required by law. 

  Failure of the Contractor to comply with the provisions of this Section shall constitute a Default and Breach of the Contract, and the CITY shall enforce such Default in accordance with the provisions set forth. The provisions of this Section shall survive expiration or termination of the Contract.

• PUBLIC RECORDS COMPLIANCE —

  The CITY is a public agency subject to Chapter 119, Florida Statutes.  IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICABILITY OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, AT (239) 574-0411, ctyclk@capecoral.gov, City of Cape Coral, 1015 Cultural Park Boulevard, Cape Coral, FL 33990.

  1. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall:
     1. Keep and maintain public records required by the public agency to perform the service;
     2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law;
     3. Ensure that public records that are exempt or confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the firm does not transfer the records to the CITY;
     4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the firm or keep and maintain public records required by the public agency to perform the service. If the firm transfers all public records to the public agency upon completion of the contract, the firm shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the firm keeps and maintains public records upon completion of the contract, the firm shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.
• ELECTRONIC MEDIA —

  The CITY may require that machine readable information and data, including computer assisted drafting designs (AutoCAD files) be provided by the proposing firm.  The proposing firm shall not be liable for claims or losses arising out of, or connected with, modification by the CITY, or anyone authorized by the CITY, decline of accuracy or readability of data due to storage or obsolescence of equipment or software, any use by the CITY or anyone authorized by the CITY, of such data for additions to projects except as authorized in writing by the proposing firm.

• INDEMNIFICATION —

  To the extent permitted by law (F.S. 768.28) the submitting firm shall indemnify and hold harmless the CITY, its officers and employees, from liabilities, damages, losses and costs, including but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the submitting firm and any persons employed or utilized by submitting firm in the performance of this contract.

• INSURANCE —

  See attached Minimum Insurance Requirements form for information relative to insurance requirements. By submitting a response to this solicitation, the respondent agrees to comply with the project’s insurance requirements.

  1. Without limiting its liability, the awarded Respondent shall procure and continuously maintain, at its own expense and without interruption for the full term of the Contract (including any option or renewal periods), the types and minimum limits of insurance specified on the Minimum Insurance Requirements form. Such insurance shall protect the Respondent from claims arising out of or resulting from performance of the project, whether performed by the Respondent, its sub-consultants/contractors, or anyone directly or indirectly employed by them or for whose acts they may be liable.
  2. Certificates of insurance must be on file with and approved by the City prior to the commencement of any work and maintained during the term of the contract. Each certificate shall require that the City receive no less than thirty (30) days’ written notice of cancellation. If coverage is scheduled to expire during the contractual period, the Respondent shall submit renewed certificates to the City at least fifteen (15) calendar days prior to expiration. The Respondent shall immediately notify the City if any required coverage limits are reduced due to claims or for any other reason. Approval or failure to disapprove any insurance furnished shall not relieve the Respondent of its responsibility to maintain the required coverage.
  3. The Respondent shall flow down these insurance requirements to all sub-consultants/contractors and it is the responsibility of the respondent to ensure their subcontractors/subconsultants comply with the minimum requirement limits listed herein.
  4. The City is not responsible for and shall not be liable for any deductibles; payment of deductibles is the sole responsibility of the Respondent. Waivers of subrogation shall be provided as required by the applicable insurers.
  5. Insurance requirements may be adjusted at the time of contract award, based on project value.
  6. Questions regarding these insurance requirements should be directed to the City’s Risk Manager at 239-573-3138.
• PUBLIC CONSTRUCTION AND OTHER BONDS —

  Pursuant to FL Statute §255.05 any Contractor entering a contract for the construction of a public building or public work, or for any repairs upon a building or public work shall, before commencing work, execute, deliver to the City of Cape Coral (Procurement), and record in the public records of Lee County, Florida, a payment and performance bond issued by a surety authorized to do business in the State of Florida. The amount of the bond shall be 100% of the contract amount. The original recorded bond will be returned to City (Procurement) before any commencement of work. 

• BID SECURITY —

  If a Bid Security is required, a copy must be attached within the E-Procurement submittal.  The City will accept electronic copies of the Bid Security, or Bid Bond, with the raised seal shaded with pencil to show the seal is present.  The original bid security, or Bid Bond, will be requested from the awarded Respondent prior to contract execution.  

  Any contract award will be dependent on the original being provided when requested.

• AUTHORITY TO PIGGYBACK —

  It is hereby made a precondition of any and part of these specifications that the submission of a response to this Solicitation constitutes an offer to other governmental entities to purchase under the same terms, conditions, pricing, and effective period offered to the City.

• COOPERATIVE PURCHASING —

  The City of Cape Coral participates in cooperative purchasing agreements. Submission of a response to this Solicitation constitutes an offer to other governmental entities within the State of Florida to purchase under the same terms, conditions, and contract pricing offered to the City.

  Any governmental entity choosing to utilize this contract shall do so independently. Each participating agency shall be responsible for its own purchases and liabilities, and no agency assumes liability for the obligations of any other agency by virtue of this Solicitation.

• CONTRACT CANCELLATION —

  A. Pursuant to Florida Statute §287.058 (1) (c), this contract may be unilaterally cancelled by the City if the Contractor, refuses to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this contract, unless the records are exempt from disclosure.

  B.  The resulting contract may be cancelled at any time during the period by the City of Cape Coral upon giving thirty (30) days written notice to the contractor.  Contract can be cancelled for the following:

  1. 1. For any reason.
     2. Non-performance or substandard performance on the part of the contractor.
     3. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period.
• WAIVER —

  Failure of the CITY to take any action with respect to any breach of any term, covenant, provision or condition contained in the agreement, or any instance of default there under by the awarded Respondent should not be deemed to be a waiver of any default or breach by the CITY.

• ATTORNEY'S FEES —

  Should it become necessary for the CITY to bring any action against the awarded Respondent to enforce any of the covenants, provisions, terms or conditions of the agreement, the awarded firm will pay all costs attendant thereto, including reasonable attorney’s fees to the attorney representing the CITY, and said obligation shall apply to declaratory relief, if necessary, to interpret any of the items thereof.

• PROTEST PROCEDURES —

  Protests must be filed in accordance with Article VII Division 1 Section 2-150 of the City of Cape Coral Ordinance.

  1.        Right to Protest.  Any person or firm who is affected adversely by the CITY's decision or intended decision may protest to the City Council.

  2.     Time Limits and Form of Protest.  A protest with respect to an Invitation for Bid or Request for Proposal shall be submitted in writing to the Procurement Manager prior to the opening of bids or the closing date of proposals.

  A written notice of intent to protest an intended bid award shall be filed with the City Procurement Manager within five (5) business days (excluding Saturdays, Sundays, and Legal Holidays) after the date of mailing of the notice of intent to award the contract.

  A written notice of intent to protest the ranking of proposals submitted in response to a request for proposals shall be filed with the Procurement Manager within five business days (excluding Saturdays, Sundays and legal holidays) after the date of mailing of the notice of ranking by the SAC or by the City Manager or designee.  Only those persons or firms who have been submitted a bid/proposal or who have been interviewed and ranked shall be permitted to file a protest.

  A formal written protest shall be filed within ten (10) calendar days after the filing of the initial written notice of intent to protest and shall be delivered in a manner that requires a signature by a representative of the City. The formal written protest shall state with particularity the facts and law upon which the protest is based.  Failure to file a notice of protest or failure to file a formal written protest within the time limits prescribed herein shall constitute a waiver of the right to protest.  Upon the filing of a formal written protest the contractor or vendor shall post a bond, payable to the City of Cape Coral, in an amount equal to five percent of the total bid or estimated contract amount, or five thousand dollars ($5,000.00), whichever is less.  The bond shall be conditioned upon the payment of all costs which may be adjudged against the protesting contractor or vendor in the event the protest is resolved adversely to the protester.  An Irrevocable Letter of Credit or other form of approved security, payable to the CITY, will be accepted.  Failure to submit a bond simultaneously with the formal written protest shall invalidate the protest and the CITY may proceed to award the contract as if the protest had never been filed.

  3.        Hearing.  If the subject of a protest is not resolved by mutual agreement within seven (7) calendar days after receipt of a formal written protest, the matter may, at the option of the City Council, be referred to a hearing officer or administrative law judge who shall conduct a hearing within 15 calendar days of receipt of the formal written protest.  The hearing officer or administrative law judge shall render a recommended order within 30 calendar days after the hearing.  The recommended order shall be scheduled on the next Council agenda for final action.  If Council so elects; the protest may be heard directly by the City Council.

  4.        Stay of Action.  Upon receipt of a formal written protest which has been timely filed, the CITY shall stop the bid solicitation, RFP process or the contract award process until the subject of the protest is resolved either informally or by formal City Council action, unless the City manager sets forth in writing particular facts and circumstances which require the continuance of the bid solicitation or RFP process or the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare.

  5.        Decision: Entitlement to Costs.  If a protest is sustained and it is determined that the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, then the protesting bidder or offeror shall be entitled to recover from the CITY the reasonable costs incurred in connection with preparing its bid, but shall not be entitled to recover lost profits or attorney’s fees.  The decision shall be final and conclusive as to the CITY unless an appeal is filed or an action is filed in court within ten days of the date of the decision of Council.

• PRECEDENCE OF CONDITIONS —

  By submitting a response, the Respondent agrees that City of Cape Coral General Provisions and Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately or included.

• SIGNING OF AGREEMENT —

  When the Owner issues a Notice of Intent to Award to the successful Respondent, the Owner will request the successful Respondent to provide a signed agreement (using blue ink), which has been partially signed by Owner staff. Once the intent to award has been approved by City Council, authorized Owner staff will complete the signing of the contract documents. The contract will then become fully executed. The Owner will deliver one fully executed agreement to the successful Respondent.

  Within fifteen (15) calendar days thereafter, the awarded Respondent shall deliver the Certificate of Insurance providing coverage as outlined in the Solicitation documents, with the Owner named as additional insured, original payment and performance bonds (when applicable) that have been recorded with the Lee County Clerk of Courts, the original bid bond (bid security) with the raised seal, and any additional documentation required by the Contract Documents.

  No work shall begin on the project prior to issuance of the Notice to Proceed and issuance of a fully executed purchase order.

• TERMS AND CONDITIONS —

  The awarded Respondents firm, it’s contractors and sub-contractors shall comply with all terms and conditions of this agreement.

• OTHER CONTRACTS (WHEN APPLICABLE) —

  The City of Cape Coral reserves the right to purchase off State Contracts or any other available contracts if deemed to be in the best interest of the City.

• COUNTERPARTS —

  This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together will constitute one and the same instrument.

• COMPLIANCE - SCRUTINIZED COMPANIES —

  The Consultant affirms and attests that they are eligible to enter into this agreement and are not prohibited against contracting, based on not being a scrutinized company as outlined in Florida Statutes 287.012; Florida Statute 215.473 and Florida Statute 215.4725.  The consultant further agrees that if they are included on the list of scrutinized firms list in the future, located at (http://www.sbafla.com), that this agreement may be terminated at the City’s option.  The Consultant firm understands that pursuant to section 287.125, Florida Statutes, the submission of a false certification may subject the Consultant to civil penalties, attorney’s fees, and/or costs.

  Pursuant to 287.135 Florida Statute, s. 215.4725 and s. 215.473, A Company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency (state) or local governmental entity for goods or services of:

  a.   Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or

  b.  One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company:

  1.  Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List, created pursuant to s. 215.473; or

  2.  Is engaged in business operations in Cuba or Syria.

• SOLICITATION OVERVIEW —

  NOTICE IS HEREBY GIVEN that the City of Cape Coral, Florida is issuing this Solicitation through its electronic procurement system. All documents and items included in the electronic Solicitation are incorporated herein by reference. 

  By submitting a response, the Respondent agrees to comply with all Terms and Conditions contained herein. In the event of a conflict between this Solicitation and City ordinances or applicable law, such ordinances and laws shall prevail.

  The Legal Entity Name of the Respondent must be provided on all submission documents and will be used in any resulting contract.

• SUPPLEMENTAL INFORMATION —

  This section shall include any additional information which the respondent considers pertinent for consideration as part of the proposal.

• PAYMENTS TO CONTRACTOR AND COMPLETION (WHEN APPLICABLE) —
  1. Schedule of Values: The schedule of values established as provided in Section Copies of Documents paragraph C will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to A/E. Progress payments on account of Unit Price Work will be based on the number of units completed.
  2. Application for Progress Payments: At least twenty (20) days before the date established for each progress payment (but not more than once a month), Contractor shall submit to A/E for review an Application for Payment filled out and signed by Contractor covering the work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner’s interest therein, all of which will be satisfactory to Owner. The amount of retainage with respect to progress payments will be as stipulated in the Agreement is not-to-exceed 5%. The Contractor shall furnish evidence that payment received on the basis of materials and equipment not incorporated and suitably stored, has in fact been paid to the respective supplier(s) within fifteen (15) days of payment by Owner. Failure to provide such evidence of payment shall result in the withdrawal of previous approval(s) and removal of the related equipment from the next submitted Application for Payment.
  3. Contractor’s Warranty of Title: Contractor warrants and guarantees that title to all work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens.
     1. No materials or supplies for the work shall be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims and encumbrances.
     2. Purchase of equipment by Contractor for State or Local ownership.
     3. The CONTRACTOR shall indemnify and hold harmless the OWNER, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by CONTRACTOR in the performance of this Contract.
  4. Review of Payment Requests or Invoices:
     1. Owner will, within twenty-five (25) business days after receipt of each payment request or invoice from Contractor, either indicate a recommendation of payment to Contractor, or return the payment request or invoice to Contractor indicating in writing the Owner’s reasons for refusing payment and the action of the Contractor necessary to make the payment request or invoice proper.
     2. In the case of acceptance of the payment request or invoice, the amount accepted will (subject to the provisions of the last sentence of paragraph G of this section) be paid within twenty-five (25) business days after the date on which the payment request or invoice is stamped received by Owner.
     3. In the case of rejection of the payment request or invoice, Contractor may make the necessary corrections and resubmit the payment request or invoice. If the Contractor submits a corrected payment request or invoice which corrects the deficiency specified in writing by the Owner, the corrected payment request or invoice must be paid or rejected by Owner within ten (10) business days after the corrected payment request or invoice is stamped received by Owner.
     4. Owner’s recommendation of any payment requested in an Application for Payment will constitute a representation by Owner, that to the best of Owner’s knowledge, information and belief; the work has progressed to the point indicated, the quality of work is generally in accordance with the Contract Documents and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Owner’s responsibility to observe the work.
     5. Owner’s recommendation of any payment, including final payment, shall not mean Owner is responsible for Contractor’s means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the furnishing or performance of work, or for any failure of Contractor to perform or furnish work in accordance with the Contract Documents.
     6. A/E may refuse to recommend the whole or any part of any payment if, in A/E’s opinion, it would be incorrect to make the representations to Owner referred to in subparagraph D.2 of this section. A/E may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in A/E’s opinion to protect Owner from loss because; the work is defective, or completed work has been damaged requiring correction or replacement, the Contract Price has been reduced by Written Amendment or Change Order, Owner has been required to correct defective work or complete work in accordance with Section Tests & Inspections: Correction, Removal or Acceptance of Defective Work paragraph I, or A/E has actual knowledge of the occurrence of any of the events enumerated in Section Suspension of Work and Termination paragraph B. The A/E may refuse to recommend payment, or the Owner may refuse to make payment if a good faith dispute exists.  The Owner may continue to withhold an amount not to exceed 150 percent of the total costs to complete such items in accordance with the Contract Documents.
     7. Owner may refuse to make payment of the full amount recommended by A/E because; claims have been made against Owner on account of Contractor’s performance or furnishing of the work, liens have been filed in connection with the work, there are other items entitling Owner to a set-off against the amount recommended or Owner has actual knowledge of the occurrence of any of the events enumerated in subparagraph D.4 of this section or Section Suspension of Work and Termination paragraph B. 
  5. Final Inspection: Upon written notice from Contractor that the entire work or an agreed portion thereof is complete, A/E will make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the work is incomplete or defective.  Contractor shall immediately take such measures as are necessary to complete such work or remedy such deficiencies.
  6. Final Application for Payment: After the Contractor has completed all such corrections to the satisfaction of A/E and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents and other documents, Contractor may make application for final payment following the procedure for progress payments. The Final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, consent of surety, if any, to final payment, and complete and legally effective releases or waivers of all Liens arising out of or filed in connection with the work. If any Subcontractor or Supplier fails to furnish such a release, Contractor may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien.
  7. Final Payment and Acceptance: If, on the basis of A/E’s observation of the work during construction and final inspection, and A/E’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, A/E is satisfied that the work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, A/E will, within twenty (20) business days after receipt of the final Application for Payment, indicate in writing A/E’s recommendation of payment and present the Application to Owner for payment. A/E will also give written notice to Owner and Contractor that work is acceptable subject to the provisions of paragraph I of this section. Otherwise, A/E will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. Twenty-five (25) days after presentation to Owner of the Application, the amount recommended by A/E will become due and will be paid by Owner to Contractor.
  8. If, through no fault of Contractor, contract completion of the work is significantly delayed and if A/E so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment and recommendation of A/E, and without terminating the Agreement, make payment of the balance due for that portion of the work fully completed and accepted. If the remaining balance to be held by Owner for work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Section Public Construction and Other Bonds, the written consent of the surety to the payment of the balance due for that portion of work fully completed and accepted shall be submitted by Contractor to A/E with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.
  9. Waiver of Claims: The making and acceptance of final payment will constitute a waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective work appearing after final inspection pursuant to paragraph E of this section, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents and a waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled.
  10. Payments by Electronic Funds Transfer: All payments made by the City of Cape Coral, Florida will be made by Direct Deposit (ACH) via electronic funds transfer. Paper checks will no longer be issued to new vendors. Every new vendor must register for direct deposit with the City by providing a "Vendor Authorization Agreement for Electronic Funds Transfer” form (ACH Form) to the City’s Financial Services Accounting Division. It is strongly encouraged for current vendors to register for direct deposit with the City via Direct Deposit (ACH) Electronic Funds Transfer form.  The form may be accessed on the City of Cape Coral website at:

  https://www.capecoral.gov/Documents/Departments/Financial%20Services/Procurement/ACH%20Authorization%20Form.pdf?t=202511131118130

  Please contact the Procurement Division at the number shown on this solicitation document herein as the first point of contact for more information.

  The link below will take you to the City of Cape Coral vendor Registration page:

  https://www.capecoral.gov/department/financial_services/procurement/vendor_registration.php

  Suppliers submitting a response to any solicitation are not required to be registered vendors or set up EFT payment prior to submitting their response.  Suppliers do need to become register vendors and have the EFT payment form in place prior to the award of any contract.

Submission Requirements

• Taxpayer Identification Number (FEIN or Social Security Number) (required) —

  Enter your FEIN.

• General Terms & Conditions (required) —

  You have read, understand and agree to the General Terms & Conditions listed in the solicitation documents.

• Specifications and Requirements (required) —

  You have read, understand and agree to the specifications and requirements listed in the solicitation documents.

• State of Florida - Division of Corporations (required) —

  Please submit a copy of your registration  and the corresponding document number from the website www.sunbiz.org establishing your firm as authorized (including authorized representatives) to conduct business in the State of Florida, as provided by the Florida Department of State, Division of Corporations.

  Indicate the document is attached and you can add any notes as required.
• Collusion Statement (required) —

  The undersigned respondent affirms that the submittal is genuine and not collusive or sham; that the respondent has not colluded, conspired, connived or agreed, directly or indirectly, with any respondent or person, to put in a sham submittal or to refrain from submitting, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the submitted price of affiant or of any other respondent, or to fix overhead, profit or cost element of said submitted price, or that of any other respondent, or to secure any advantage against the City of Cape Coral of any person interested in the proposed contract; and that all statements in said proposal or bid are true. 

• Scrutinized Companies Certification (required) —
  Pursuant to 287.135 Florida Statute, s. 215.4725 and s. 215.473, A Company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency (state) or local governmental entity for goods or services of:
  1. Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or
  2. One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company: 
     1. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List, created pursuant to s. 215.473; or
     2. Is engaged in business operations in Cuba or Syria.

  Please download the below documents, complete, and upload.

• Public Entity Crimes Act (required) —

  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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

• Discriminatory Vendor List (required) —

  An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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.

• Form 3A - Interest in Competitive Bid for Public Business (required) —

  Sections 112.313(3) and 112.313(7), FL §, prohibit certain business relationships on the part of public officers and employees, their spouses, and their children. See Part III, Chapter 112, FL §, and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12), FL § (1983), provides certain limited exemptions to the above-referenced prohibitions, including one where the business is awarded under a system of sealed, competitive bidding; the public official has exerted no influence on bid negotiations or specifications; and where disclosure is made, prior to or at the time of the submission of the bid, of the official's or his spouse's or child's interest and the nature of the intended business. The Commission on Ethics has promulgated this form for such disclosure, if and when applicable to a public officer or employee.

  If this disclosure is applicable request form “INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS” (Required by 112.313(12)(b), FL § (1983)) to be completed and returned with solicitation response. It is the respondent's responsibility to disclose this relationship, failure to do so could result in being declared non- responsive.

  Please download the below documents, complete, and upload.

• Corporate Resolution (required) —

  The corporate resolution form is utilized to provide names of individuals that are legally authorized to execute agreements on behalf of the corporation, company, partnership, joint venture or entity.  This may include signing of bid documents, contracts, forms, and agreements. The corporate resolution form includes the name of individuals, with their signatures and their official title with the entity submitting a bid or proposal.

  Respondents must provide either the corporate resolution form or the company’s official letterhead, indicating the authority of the individuals who may sign and legally bind the company in proposals, bids, contracts, and agreements. The authorized individuals name(s) should be shown on the corporate resolution or letterhead with their typewritten name, their official title and actual signatures shown beside their name. The document should be signed and dated by an authorized agent of the company. The document should include the company’s official address and phone number. If the primary qualifying agent is not the owner, an officer, a member, a joint venture managing partner, etc., describe the relationship to the company and provide proof of such relationship and/or license use agreement.

  Please download the below documents, complete, and upload.

• Drug Free Workplace (required) —

  Florida Statutes Section 112.0455 is the “Drug-Free Workplace Act”.  The purpose of the Act is:

  1. promote the goal of a drug-free workplace within government through fair and reasonable drug-testing methods for the protection of public employees and employers.
  2. Encourage employers to provide employees who have drug use problems with an opportunity to participate in an employee assistance program or an alcohol and drug rehabilitation program.
  3. Provide for confidentiality of testing results.

  Please download the below documents, complete, and upload.

• Reference Survey Forms —

  Please download the below documents, complete, and upload.  Ensure to include the number of references as stated in the Solicitation Specification section.

• Insurance Requirements (required) —

  See attached Minimum Insurance Requirements form for information relative to insurance requirements, found in this solicitation.

  Without limiting its liability under this solicitation, the awarded respondent(s) shall procure and continuously maintain, without interruption, at its own expense, insurance specified on the enclosed form.

  Neither approval nor failure to disapprove the insurance furnished by awarded respondent to the City shall relieve the awarded respondent of the awarded respondent's full responsibility to provide insurance, as required by this contract.  The awarded respondent shall be responsible for assuring that the insurance remains in force for the duration of the contractual period; included any and all option years that may be granted to that awarded respondent.  The certificate of insurance shall contain the provision that the City be given no less than thirty (30) days written notice of cancellation.  If the insurance is scheduled to expire during the contractual period, the awarded respondent shall be responsible for submitting new or renewed certificates of insurance to the City at a minimum of fifteen (15) calendar days in advance of such expiration.

  By submitting a response to the solicitation, respondent is agreeing to meet the insurance requirements of the project, which are subject to change.

  ​

  ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS:

  Respondent acknowledges to provide proof of Minimum Insurance Requirements as stated in this solicitation.  Certificate of Insurance to be provided post contract execution and approved by the City before the commencement of any work activities.
• Deviations from Solicitation Specifications (required) —
  Respondent shall clearly indicate all areas in which the items the respondent proposes does not fully comply with the requirements of this specification.  The decision as to whether an item fully complies with the stated requirements rests solely with the City of Cape Coral.
  ​
  Please indicate all deviations or add N/A.
• Designated Contact (required) —
  Provide a primary contact that will be available during normal work hours by phone or in person and knowledgeable of all terms of the contract.
  ​
  List the name, title, phone #, and email address for the primary contact below.
• City Employees (required) —

  Does your company employ any City of Cape Coral employees?  Please indicate "Yes" or "No".  If "Yes", note the employees name, department and division.

• Annual Appropriation (required) —

  The City's performance and obligation to pay under this contract is contingent upon an annual appropriation by the City Council.   This Contract is not a commitment of future appropriations.  Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the City if the City Council reduces or eliminates appropriations.

• Electronic Funds Transfer (EFT'S) (required) —
  Payments by Electronic Funds Transfer: All payments made by the City of Cape Coral, Florida will be made by Direct Deposit (ACH) via electronic funds transfer. Paper checks will no longer be issued to new vendors. Every new vendor must register for direct deposit with the City by providing a "Vendor Authorization Agreement for Electronic Funds Transfer” form (ACH Form) to the City’s Financial Services Accounting Division. It is strongly encouraged for current vendors to register for direct deposit with the City via Direct Deposit (ACH) Electronic Funds Transfer.  The form may be accessed on the City of Cape Coral website at:
  ​
  https://www.capecoral.gov/Documents/Departments/Financial%20Services/Procurement/ACH%20Authorization%20Form.pdf?t=202511131118130
  ​
  Please contact the Procurement Division at the number shown on this solicitation document herein as the first point of contact for more information.
  ​
  The link below will take you to the City of Cape Coral vendor Registration page:
  ​
  https://www.capecoral.gov/department/financial_services/procurement/vendor_registration.php 
  ​
  Suppliers submitting a response to any solicitation are not required to be registered vendors or set up EFT payment prior to submitting their response.  Suppliers do need to become register vendors and have the EFT payment form in place prior to the award of any contract.
• E-Verify (required) —
  As a condition precedent to entering into this CONTRACT and in compliance with The Immigration and Nationality Act (INA), 8 U.S.C. Section 1324a(e) Section 274A(e) and Florida Statute State Section §448.095, Contractor or Consultant and their subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. The Employment Verification System (E-Verify) is operated by the Department of Homeland Security in partnership with the Social Security Administration.
  
  A public agency must require in any contract that the contractor, and any subcontractor thereof, register with and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor. A public agency or a contractor or subcontractor thereof may not enter into a contract unless each party to the contract registers with and uses the E-Verify system.  The website for E-Verify is https://e-verify.gov. 
  
  NOTE: Response to this Solicitation must include E-Verify Memorandum of Understanding (MOU) Verification document. Upload the E-Verify MOU document under the Response Attachment Tab.
  ​
  PUBLIC AGENCY CONTRACTING
  
  (a) A public agency must require in any contract that the contractor, and any subcontractor thereof, register with and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor. A public agency or a contractor or subcontractor thereof may not enter into a contract unless each party to the contract registers with and uses the E-Verify system.
  
  (b) If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract.
  
  (c)1. A public agency, contractor, or subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with the person or entity.
  2. A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the contractor otherwise complied with this subsection, shall promptly notify the contractor and order the contractor to immediately terminate the contract with the subcontractor.
  3. A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with a contractor under this paragraph, the contractor may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. A contractor is liable for any additional costs incurred by a public agency as a result of the termination of a contract.
  
  (d) A public agency, contractor, or subcontractor may file a cause of action with a circuit or county court to challenge a termination under paragraph (c) no later than 20 calendar days after the date on which the contract was terminated.
   
  Upload the company's COMPLETE E-Verify Memorandum or Understanding Document.
• Immigration Affidavit Certification (required) —

  Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Human Trafficking Affidavit (required) —

  Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• ARTICLE VII: Purchase and Sale of Real and Personal Property: CONE OF SILENCE (required) —
  In accordance with Article VII, Division 1, Section 2-151 (k) of the City of Cape Coral Ordinance.
   
  The Cone of Silence prohibits any communication regarding a particular RFP, RFQ or bid solicitation after they have been advertised. This Cone of Silence is designed to protect the professional integrity of the procurement process by shielding it from undue influences prior to the recommendation of contract award.
  ​
  § 2-151
  
  (k) Cone of Silence.
  (1)  Prohibited communication.  Except as set forth in subsection (4) below, during a Competitive Solicitation, a cone of silence shall be in effect between:
  a.  Any person or entity that seeks a contract, contract amendment, award, recommendation, or approval related to a Competitive Solicitation or that is subject to, or are currently being evaluated or having its response evaluated in connection with a Competitive Solicitation, including a person or entity's representative; and
  b.  Any City Council member, the City Manager and their respective support staff or any person or group of persons appointed or designated by the City Council or the City Manager to evaluate, select, or make a recommendation to the City Council or the City Manager regarding a Competitive Solicitation.
  ​
  (2) Effective dates.  A cone of silence shall begin and shall end for Competitive Solicitations as follows:
  a.  A cone of silence shall be in effect during a competitive solicitation process beginning upon the advertisement for the Competitive Solicitation, upon the receipt of an unsolicited proposal, or during such other procurement activities as declared by the City Council.
  b.  The cone of silence shall terminate when either a contract is finally approved, a protest is filed pursuant to section 2-150, or the city rejects all bids or responses to the Competitive Solicitation, or takes other action which ends the Competitive Solicitation process.
  ​
  (3) Notice.  When the cone of silence becomes effective for a particular Competitive Solicitation, the City Manager or designee shall provide notice of the cone of silence to the City Council. The solicitation document for the goods or services shall generally disclose the requirements of this section.
  ​
  (4) Permitted communication.
  a. The cone of silence shall not apply to written or oral communications to the Procurement Manager, Procurement Manager's designee or to the City Attorney's Office.
  b. Nothing contained in this section shall prohibit any person or entity subject to this section from:
  1.  Making public presentations at pre-bid conferences or at a selection or negotiation meeting related to the competitive selection.
  2.  Engaging in contract negotiations with the entity selected to negotiate the terms of the contract or with the City Council during a public meeting.
  3.  Making a presentation to the City Council or the selection advisory committee related to the competitive solicitation.
  4. Communicating with the person or persons designated in the competitive solicitation as the contact person for clarification or information related to the competitive solicitation. The contact person shall not be a member of the selection/evaluation committee, or the person designated to negotiate the agreement.
  5.  Communicating with the city attorney or purchasing and contract administration staff in writing as provided in subsection (c) below.
  ​
  (5)  Violations.  Any action in violation of this section may be immediate disqualification of the Competitive Solicitation or shall result in the disqualification of the vendor.
  ​
  (6)  Exceptions.  The cone of silence shall not apply to a competitive process which seeks to enter into a contract or award of money to perform governmental, or quasi-governmental, social or human services primarily for charitable, benevolent, humanitarian, or other philanthropic purposes, such as the award of grants or support assistance to organized nonprofit entities that promote or assist with the care, education, health, standard of living, or general welfare of people in the City of Cape Coral, or that promote or assist community or neighborhood enhancements.
  ​
  (Ord. 25-95, 6-12-1995; Ord. 68-07, 7-23-2007; Ord. 25-23 , § 1, 4-5-2023)
• Quantity Disclaimer (If Applicable) (required) —
  If quantities are applicable to the solicitation, it is the sole responsibility of the respondent to field verify all quantities prior to submitting. Any discrepancies are the respondent's responsibility to address.
  ​
  Formulas are not guaranteed for accuracy. It is the responsibility of the respondent to verify the correctness of the formulas.
• Upload current Business Tax Receipt (BTR) or the County your Business resides in exemption. (required) —
  Per City of Cape Coral City Code, Chapter 11: A local business tax shall be collected from every person exercising the privilege of, or carrying on, or engaging in, or managing any business, profession or occupation, and pay the appropriate business tax before the commencement of any business.
  ​
  Additional Requirements: Businesses operating in the City of Cape Coral MUST have one of the following:
  ​
  1. A Florida Department of Business & Professional Regulations (DBPR) State License and a Business Tax Receipt (BTR) for any county or city; or
  ​
  2. A Cape Coral Business Tax Receipt (BTR)
  ​​
  The following Link will allow you to Renew your Business Tax Receipt:
  ​
  Cape Coral Business Tax Receipt - RENEWAL
  ​
  The following email addresses are to be used for obtaining a NEW Cape Coral Commercial Zoning Compliance/Local Business Tax Receipt:
  ​
  Zoning Compliance - zoning@capecoral.gov - 239-574-0553
  Fire Inspection - fireinspections@capecoral.gov - 239-424-3264
  Business Tax Receipts - businesstaxreceipts@capecoral.gov - 237-574-0430
  ​
  The following Link will take you to the City of Cape Coral's BTR Website:
  ​
  Cape Coral Business Tax Receipt
  ​
  The following Link will take you to Lee County's Website:
  ​
  Lee County Business Tax Receipt
  ​
  The following email address can be used for additional information, a list of exemptions and for general assistance related to local (BTR):
  ​
  businesstaxreceipts@capecoral.gov 
  ​
  By acknowledging this attribute and by submitting a response to a solicitation for the City of Cape Coral, you acknowledge and agree to provide a valid Business Tax Receipt for Cape Coral and Lee County for the submitting business.

   

• Bid Bond (Bid Security) (required) —

  Upload the Bid Bond of 5% of the base bid.

  The City will accept electronic copies of the Bid Bond, or Bid Security, with the raised seal shaded with pencil to show the seal is present.  The original bid security, or Bid Bond, will be requested from the awarded respondent prior to contract execution.  

  Any contract award will be dependent on the original being provided when requested.

• Public Construction Bond or Other Bonds (required) —

  For use on projects $200,000 or greater.

  Upload a Surety Letter proving proof of bonding capacity.

• Local Vendor Preference —

  In accordance with Article VII Division 1 Sections 2-144(a(10) of the City of Cape Coral Ordinance prior to award, a vendor who desires to be considered for local preference for a response must submit sufficient information with its bid/proposal to allow consideration, including a copy of a paid business tax receipt showing a full 12 months in advance of the response submittal date.

  If any grants are applicable to this procurement, local vendor preference will not be applicable. Grants may be obtained prior to, during, and after solicitation release.

  Per City Ordinance, local vendor preference will not be applied to Utility Extension Projects (UEP) or to projects that exceed $10M.

  Are you claiming Local Vendor Preference? If YES, please complete and attach the Local Vendor Preference Establishment form

• Local Vendor Preference - Not Applicable for the Utilities Extension Projects (UEP) and Projects Greater than $10M (required) —

  This solicitation is EXEMPT from Local Vendor Preference.

  Per City Ordinance, local vendor preference will not be applied to the Utilities Extension Projects (UEP) or to projects that exceed $10M.

• SUSPENSION AND DEBARMENT: CERTIFICATION IS REQUIRED TO BE SUBMITTED (required) —

  Please download the below documents, complete, and upload.

• BYRD ANTI-LOBBYING AMENDMENT – CERTIFICATION REQUIRED TO BE SUBMITTED (required) —

  Please download the below documents, complete, and upload.

• BUILD AMERICA, BUY AMERICA ACT – CERTIFICATION REQUIRED TO BE SUBMITTED (required) —

  Please download the below documents, complete, and upload.

• Certification of Compliance for Participation of Disadvantaged Business Enterprises (DBE's) (required) —

  Please download the below documents, complete, and upload.

• Acknowledgement of Federal Terms & Conditions and 2 C.F.R. Requirements (required) —

  Please download the below documents, complete, and upload.

• FHWA-1273 - Federal-Aid Construction Contracts (required) —

  Confirm you have reviewed and accept the FHWA-1273 requirements.

• Federal Funding - 2 C.F.R. and Appendix II Compliance (required) —

  Confirm you have reviewed and accept the 2 C.F.R Part 200 and Appendix II to Part 200 requirements.

• Business Ethics Requirements & Expectations (required) —

  Please download the below documents, complete, and upload.

• Truth In Negotiations (required) —

  The firm hereby certifies under the penalties of perjury that the wage rate and other costs used to support its compensation are accurate, complete and current at the time of contracting. The firm agrees that the original contract price and any additions to the contract may be adjusted within one year of completion of the contract to exclude any significant amounts if the City determines that the fee was increased by such amounts due to inaccurate, incomplete or non current wage rates or other costs.

  The awarded vendor will be required to sign a Truth-in-Negotiations form after the issuance of the Notice of Intent.

• Local Professional Preference —

  In accordance with Article VII Division 1 Sections 2-144(h(4)c of the City of Cape Coral Ordinance prior to award, a vendor who desires to be considered for local professional designation for a response must submit sufficient information with its response to allow consideration, including a copy of a paid business tax receipt showing a full 12 months in advance of the bid submittal date.

  If any grants are applicable to this procurement, local vendor preference will not be applicable. Grants may be obtained prior to, during, and after solicitation release.

  Are you claiming Local Professional Designation? If YES, please complete and attach the Local Vendor Preference Establishment form

• Certified Minority Business —

  A certified minority business enterprise is defined by Florida Small and Minority Business Assistance Act of 1985. If applicable, the primary proposing firm should submit the Certified Minority Business (MBE -Minority Business Enterprise/WBE -Women Business Enterprise/SBE -Small Business Enterprise) certification documentation.

  During the vendor registration process, you will select all applicable classifications and provide supporting documents. For this solicitation, we will only consider those classifications of the prime firm submitting the proposal.  Per City Ordinance, all classifications must be certified from the State of Florida Department of Management Services.

  Are you claiming this preference? If so, please attach the applicable State of Florida certification document.

• Standard Form SF330 for Professional Services (required) —

  Respondent to submit completed Standard Form SF330.

  Please download the below documents, complete, and upload.

• Business Qualification Questionnaire - Construction (required) —

  Please download the below documents, complete, and upload.

• Business Qualification Questionnaire - Design & Consulting (required) —

  Please download the below documents, complete, and upload.

• Business Qualification Questionnaire - Standard (required) —

  Please download the below documents, complete, and upload.

• The link below will redirect you to the City's Qualified Product List (QPL). (required) —

  The City's Qualified Product list (QPL) can be found at:

  https://egov.capecoral.net/QPL/

• Confidentiality Acknowledgement (required) —

  This solicitation contains documents (including Exhibits and Attachments) that are not considered public records due to the infrastructure information they contain. The Homeland Security Act protects these records, drawings, maps and specifications from public record and distribution to protect the infrastructure information from becoming public knowledge. By being a Pre-Qualified Public Utilities Instrumentation & Control Services Vendor, you acknowledge and agree to protecting the information contained in this solicitation is confidential and not to be shared or distributed.

• Confidentiality Agreement (required) —

  This solicitation contains documents (including Exhibits and Attachments) that are not considered public records due to the infrastructure information they contain. The Homeland Security Act protects these records, drawings, maps and specifications from public record and distribution to protect the infrastructure information from becoming public knowledge. In order to view those documents, a confidentiality agreement will need to be signed and a time set up to view those documents at City Hall. Contact the Procurement  Professional named on the "Events Detail" Tab to request the confidentiality agreement and to schedule a time to view those documents.

  Please download the below documents, complete, and upload.

• Compliance with the Jessica Lunsford Act (required) —

  In order to comply with the requirements of the Jessica Lunsford Act., Level 2 Screening is required of all subcontracted employees who meet one or more of the following requirements.

  1. contractor’s employees are at the school when students are present or,
  2. contractor’s employees have direct contact with students or,
  3. contractor’s employees have access to or control of school funds.

  All costs associated with Level 2 screening shall be borne by the Contractor or subcontractor.

  Level 2 screening includes fingerprinting, statewide criminal and juvenile justice records checks through the Florida Department of Law Enforcement (FDLE) and Federal Criminal records checks through the Federal Bureau of Investigation (FBI). Any certificate issued by a Law Enforcement Agency must clearly indicate that the employee has successfully passed a Level 2 Screening background investigation. All costs associated with level 2 screening shall be borne by the Respondent or subcontractor.

  Upon completion of Level 2 Screening, any results indicating an employee has been found guilty of, regardless of adjudication or have entered a plea of nolo contendere or guilty to, any crime in Florida Statue 435.04(2), or any other comparable statute of another state, or of the federal government, including, but not limited to, crimes involving moral turpitude, multiple felonies, or crimes against children, shall not be permitted to perform work for the Charter School Authority (AUTHORITY), on the Charter School Campus.

  The results of such shall be provided to the City of Cape Coral and the Charter School Administrator or his designee for approval prior to the employee being assigned to the Charter School campus. Furthermore, the Charter School Administrator or his designee has the right, at his sole discretion, to reject any employee deemed incompetent, careless, insubordinate, or in any way objectionable, or any personnel whose actions may be contrary to the public interest or inconsistent with the best interests of the Charter School Authority. In such a case it shall be
  the responsibility of the contractor, at no additional cost to the Charter School Authority or the City of Cape Coral, to provide a suitable replacement and documentation of Level 2 Screening for that individual.

  Failure to complete Level 2 Screening shall be considered a material breach of Contractor’s duties and responsibilities entitling the Charter School Authority to terminate any business relationship with the Respondent immediately. In addition, all Respondents will be required to indemnify and hold harmless the Charter School Authority, its officers, agents, and employees from any liability in the form of physical injury, death, or property damage resulting from your failure to comply with the requirements of the Jessica Lunsford Act. Contractor employees are required to wear, at all times on any AUTHORITY site, State issued identification badges per AUTHORITY policies and the Jessica Lunsford Act. Employees will not be allowed on any AUTHORITY site without proper badges. Failure to meet this requirement will result in the immediate removal of any employee without a badge from any site. Continued non-compliance with this clause may result in the termination of contract(s). Please note that Contractor(s) must submit all Certificate of Insurance and Licenses before badges can be issued. 

  Contractor may be required to submit a list of badged employees to AUTHORITY within thirty (30) days after commencement of contract. Any changes during the course of the contract must be updated and submitted immediately.

  Contractor employees using badges from another, terminated or retired employee is strictly PROHIBITTED and will be cause for immediate termination of contract. 

  Contractor must immediately return any and all badges of terminated or retired employees to AUTHORITY. Failure to do so may be cause for termination of contract.

  Fingerprinting and badging procedures are subject to change without notification. It will be the Contractor’s responsibility to ensure they meet all State and AUTHORITY requirements.

• Level 2 Background Screening (required) —

  The City requires all vendors entering into an agreement for this solicitation to undergo a Level 2 Background Screening.

  Vendors are not required to undergo a Level 2 Screening prior to the issuance of an agreement offer. However, upon the offer of an agreement, the City will schedule an appointment for the vendor to complete Level 2 Screening through the Cape Coral Police Department. The vendor must successfully pass this screening as a condition of final approval.

  All costs associated with Level 2 screening shall be borne by the Contractor or subcontractor.

  Level 2 screening includes fingerprinting, statewide criminal and juvenile justice records checks through the Florida Department of Law Enforcement (FDLE) and Federal Criminal records checks through the Federal Bureau of Investigation (FBI).  Any certificate issued by a Law Enforcement Agency must clearly indicate that the employee has successfully passed a Level 2 Screening background investigation. All costs associated with level 2 screening shall be borne by the Respondent or subcontractor.

  Upon completion of Level 2 Screening, any results indicating a vendor has been found guilty of, regardless of adjudication or have entered a plea of nolo contendere or guilty to, any crime in Florida Statue 435.04(2), or any other comparable statute of another state, or of the federal government, including, but not limited to, crimes involving moral turpitude, multiple felonies, or crimes against children, shall not be permitted to perform  work for the City of Cape Coral.

  The results of such shall be provided to the City of Cape Coral for approval prior to the vendor being assigned work on City property. Furthermore, the City of Cape Coral has the right, at sole discretion, to reject any vendor deemed incompetent, careless, insubordinate, or in any way objectionable, or any personnel whose actions may be contrary to the public interest or inconsistent with the best interests of the City. In such a case it shall be the responsibility of the contractor, at no additional cost to the City of Cape Coral, to provide a suitable replacement and documentation of Level 2 Screening for that individual.
   
  Failure to complete Level 2 Screening shall be considered a material breach of Vendor’s duties and responsibilities entitling the City to terminate any business relationship with the Respondent immediately. In addition, all Respondents will be required to indemnify and hold harmless the City, its officers, agents, and employees from any liability in the form of physical injury, death, or property damage resulting from your failure to comply with the requirements of the Level 2 Screening. 
   
  Fingerprinting and badging procedures are subject to change without notification. It will be the Vendor’s responsibility to ensure they meet all State and AUTHORITY requirements.
   
  By submitting a  response to this solicitation, suppliers are stating they agree, acknowledge and will be able to pass a Level 2 Screening prior to final approval of an agreement.
• Trench Safety Compliance Form (required) —

  Please download the below documents, complete, and upload.

• Publicly Owned Vacant Site Form —

  Please download the below documents, complete, and upload.

• Upload your Division 00 Document Response Packet (required) —

  Include all sections to be completed and returned (00100 through 0481).  License(s) are to be included as an attachment with section 00301.

• Upload Additional Documents —

  Upload any additional documents you feel are relevant to this solicitation

• NON-COLLUSION DECLARATION AND COMPLIANCE WITH 49 CFR § 29 - FDOT FORM #575-060-13 (required) —

  Please download the below documents, complete, and upload.

• Solicitation Type (required) —

  Select the Solicitation type.

• Is a Bid Bond (Bid Security) Required? (required)
• Will the vendor need to be bonded (Construction Bond or Performance Bond and Payment Bond)? (required) —

  Public Construction Bond or Performance & Payment Bonds are required for construction project $200,000 and greater.

• Are "Liquidated Damages" applicable to this project? (required)
• Local Vendor or Local Professional Preference (required)
• Is this grant funded? (required)
• What Grant funding type will be utilized? (required)
• Will the Reference Form need to included with this solicitation? (required) —

  Procurement has a standard Reference Survey Form included with the templates. Selection should be based off the following.

  Yes - If the supplier needs to complete the standard form and return.  Form will automatically populate.

  No - if utilizing a separate Reference Form or no Reference Form is needed.

• Will a Publicly owned Vacant Site Form be required? (required)
• Will a Trench Safety Compliance Form be required? (required)
• Will a Confidentiality Acknowledgement or Agreement need to be utilized? (required) —

  Does the solicitation contain information (drawings or specifications) protected by the Department of Homeland Security?  If yes, select one of the following:

  Acknowledgement - supplier confirms information is or may be protected and is to keep it confidential.

  Agreement - respondent must come to City Hall and sign a Confidentiality Agreement prior to viewing drawings or specifications.

• Will the RFP be following the CCNA requirements? (required)
• Will a Business Qualification Questionnaire be required? (required)
• Select the Business Qualification Questionnaire to be added to the solicitation. (required) —

  Construction - document to use for construction projects.  Similar to the Div. 01 version.  includes bonding, Contractor Info., Resumes, Affiliates, Organization, Licensing, Financials, Certifications, Experience and Performance.

  Design & Consulting - document to use for design & consulting projects. Does not include bonding or financial information.

  Standard - standard document to use for Non-Construction or Design & Consulting. Obtains vendors information, bonding, financial references (no financial or legal statements) and experience.

• Does the solicitation require compliance with Level 2 Background Screening? (required)
• If Level 2 Background Screening applies, select the appropriate option. (required)
• Will valid License(s) through the State of Florida be required? (required)
• Will the solicitation be utilizing the EJCDC guidelines or the Division? (required)
• Will the City's Qualified Product List (QPL) be utilitzed? (required)