SLED Opportunity · FLORIDA · CITY OF CAPE CORAL, FL
AI Summary
Invitation for Bid for construction services to build a perimeter wall at the North Reverse Osmosis Facility in Cape Coral, FL. The city is a large and growing municipality with extensive municipal services.
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.
Construction of an 8' prefabricated masonry perimeter wall and detention area improvements surrounding the North Reverse Osmosis Plant located in the North Cape Coral area.
Addendum 1 is being issued to provide responses to questions received, provide a formal Addendum attachment, and provide a REVISED Bid Form - 00300 section.
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:
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.
The Work to be performed shall consist of furnishing plant, tools, equipment, materials, supplies, and manufactured articles, and furnishing all labor, transportation, and services, including but not limited to fuel, power, water, essential communications, and performing all Work or other operations required in strict accordance with the Drawings and these Specifications. The Work shall be complete, and all Work, materials, and services not expressly indicated or called for in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be provided by the Contractor as though originally so indicated, at no increase in cost to the City.
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.
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.
Responses shall be effective for 180 calendar 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.
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.
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.
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:
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.
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.
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.
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.
The specifications and requirements are provided in the Division 00 document, the Division 01–03 document, and the drawings titled “S&S North RO Wall Plans-Revised_09262025,” all of which are available in the Attachments section.
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 360 calendar days for substantial completion and 390 calendar days for final completion from the commencement date indicated in the Notice to Proceed.
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.
The work generally entails installation of a perimeter wall, landscaping and detention modification work.
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:
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:
The Term of the Contract shall be for (enter years) with the option for (# of renewals) additional one-year periods if mutually agreed upon.
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:
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.
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.
It is required that the respondent hold a valid Florida General Contractors license through the State of Florida, have a local competency license and also be registered in the City of Cape Coral.
Respondent will attach copies of the documents as proof of qualifications.
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.
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:
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.
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.
Contract Time from the Notice to Proceed is 360 days for substantial completion and 390 days for final completion.
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.
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.
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 $500 per calendar day for each day that the contract is not completed within 390 calendar days of the commencement date indicated in the Notice to Proceed.
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:
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.
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.
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.
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:
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.
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,
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
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:
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.
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).
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.
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.)
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.
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:
Compliance with Copeland “Anti-Kickback Act” and Davis-Bacon Act (if required).
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.
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)
Complete the LAP Certification Form located in the Suppler Acknowledgement section.
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.
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.
Further Compliance with the Contract Work Hours and Safety Standards Act.
Costs are Not-to-Exceed 5% of base bid (total of line #'s 3 through 15)
Costs for Mobilization/Demobilization are to be within the Not-to-Exceed percentage listed above.
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
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.
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.
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.
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.
Costs are Not-to-Exceed 5% of base bid (total of line #'s 3 through 15)
Costs for Maintenance of Traffic are to be within the Not-to-Exceed percentage listed above.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
Prohibition on Contracting for Covered Telecommunications Equipment or Services.
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.
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.
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.
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.
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.
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
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
Vendor agrees to comply with the drug-free workplace requirements for Federal Vendors pursuant to 41 U.S.C.A. § 8102.
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
The term does not include:
An agreement that provides only:
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:
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.
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
Enter your FEIN.
You have read, understand and agree to the General Terms & Conditions listed in the solicitation documents.
You have read, understand and agree to the specifications and requirements listed in the solicitation documents.
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.
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.
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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.
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.
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.
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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.
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Florida Statutes Section 112.0455 is the “Drug-Free Workplace Act”. The purpose of the Act is:
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Please download the below documents, complete, and upload. Ensure to include the number of references as stated in the Solicitation Specification section.
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.
Does your company employ any City of Cape Coral employees? Please indicate "Yes" or "No". If "Yes", note the employees name, department and division.
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.
Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.
Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.
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.
For use on projects $200,000 or greater.
Upload a Surety Letter proving proof of bonding capacity.
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
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.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Confirm you have reviewed and accept the FHWA-1273 requirements.
Confirm you have reviewed and accept the 2 C.F.R Part 200 and Appendix II to Part 200 requirements.
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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.
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
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.
Respondent to submit completed Standard Form SF330.
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Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
The City's Qualified Product list (QPL) can be found at:
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.
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.
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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.
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.
The City requires all vendors entering into an agreement for this solicitation to undergo a Level 2 Background Screening.
All costs associated with Level 2 screening shall be borne by the Contractor 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.
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Please download the below documents, complete, and upload.
Upload your current license(s) based on the requirements of the solicitation.
Include all sections to be completed and returned (00100 through 0481). License(s) are to be included as an attachment with section 00301.
Upload any additional documents you feel are relevant to this solicitation
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Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Select the Solicitation type.
Public Construction Bond or Performance & Payment Bonds are required for construction project $200,000 and greater.
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.
Q (Engineer's Estimate): Please provide the engineer's estimate for the project.
A: Refer to Addendum 1 Located under the Addenda & Notices Section.
Q (Material Substitution Request for Perimeter Wall): Good Morning, We would like to propose the Dura-Crete Screen Wall system as an alternate to the specified walls. Are you open to alternates to be considered at bid opening?
A: Refer to Addendum 1 Located under the Addenda & Notices Section.
Q (Type C Inlet ): On Sheet # C-06, There are 4 Type C Inlets. Is this the location for the 3 on table 13 Line Item 13. This area shows four Type C inlets. Is this area proposing four Type C inlets to be installed?
A: Refer to Addendum 1 Located under the Addenda & Notices Section.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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