Active SLED Opportunity · FLORIDA · CITY OF CAPE CORAL, FL
AI Summary
City of Cape Coral seeks bids for installation of a new traffic signal at Diplomat Parkway and Andalusia Boulevard, including roadway resurfacing, ADA upgrades, and signing improvements. Project duration is 270 days with strict compliance to federal and local regulations.
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.
Staff monitors the safety and operation of all roadways throughout the City and has identified the need for a traffic signal at the intersection of Andalusia Boulevard and Diplomat Parkway to enhance traffic control and safety. The work includes, but is not limited to, the installation of a new traffic signal, roadway milling and resurfacing, new street lighting, crosswalks, ADA upgrades, and signing and pavement marking improvements.
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.
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.
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.
1. Scope of Work
The City of Cape Coral seeks to contract with a qualified Contractor to install a new traffic signal at the Diplomat Parkway and Andalusia Boulevard intersection. Work will include, but not limited to, the following:
The scope of work is further defined and detailed within the exhibits found in this solicitation package. Contractor is responsible for reviewing all documentation associated with this project.
2. Design Standards and Specifications
The following design standards and specifications are expressly agreed to be incorporated by reference and made a part of this Agreement:
In the event of discrepancies between the FDOT and the local municipalities’ Design Standards and Specifications, the local municipalities’ Design Standards and Specifications shall govern unless otherwise directed by Project Manager. Local municipality includes Lee County.
3. Special Conditions
These are conditions that are in relation to this Solicitation only and have not been included in the City’s Standard Terms and Conditions or the Scope of Work and Specifications. Other requirements are further defined within this solicitation package and below. Contractor is responsible for reviewing all documentation associated with this project.
See Section 3.5 Permits and Article 18 – SPECIAL CONDITIONS in the project GENERAL CONDITIONS for conditions concerning Burrowing Owls, Gopher Tortoises, and Bald Eagles.
3.1 Term
From the Notice to Proceed (NTP), the timeframe for completion of all Work to Substantial Completion (Fully Operational) shall be 240 CALENDAR DAYS which shall include the Material Acquisition Time. The timeframe for completion of all Work to Final Acceptance from the City of Cape Coral and Lee County Department of Transportation (LCDOT) shall be 270 CALENDAR DAYS from NTP which shall include the Material Acquisition Time. It is the Contractor’s responsibility to complete punch list items and schedule inspections with the City and LCDOT so these timeframes can be met.
3.2 Special Qualification Requirements.
Minimum qualifications for personnel supervising or performing work involving electrical or solar power traffic control devices and related components.
3.3 Field Change Requests
Changes to the scope of work that do not affect the contract price or contract time may be allowed; however, written authorization by the Project Manager and confirmation by the Contractor is required within 24 hours of the change. Email is an acceptable form of written notification.
3.4 Authority and Duties
The City Project Manager may appoint such representatives and/or inspectors as they desire. These personnel are authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work and to the manufacture, preparation, or fabrication of the materials to be used. They are authorized to call to the attention of the Contractor any failure of the work or materials to meet the Contract Documents and have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the Project Manager. The Project Manager will immediately notify the Contractor in writing (email is an acceptable form of written notification) of any such suspension of the work, stating in detail the reason(s) for the suspension. The presence of the inspector or other assistant in no way lessens the responsibility of the Contractor.
3.5 Permits
The Contractor will be required to acquire a City Right-of Way permit. The fee for this permit will be waived. For the Right-of-Way permit application process, contact Laurie Taylor at 239-574-0836 or ltaylor@capecoral.gov. Maintenance of traffic (MOT) plan is required to complete this project. The plan must accompany the Contractor's Right-of-Way permit application, for review by the City's Traffic Engineering section. No MOT plan will be reviewed unless prepared by an individual that has completed and has received a certification for the FDOT Advanced MOT Certification or higher and meets all the ROW instructions and requirements. For any questions on a MOT plan submittal, contact Laurie Taylor or the City Project Manager.
For any work in Lee County Right-of-Way, contact Lee County Department of Transportation at 239-533-8580 or dotengineering@leegov.com to acquire any necessary permits.
Please refer to Article 18 – SPECIAL CONDITIONS in the project GENERAL CONDITIONS for conditions concerning Burrowing Owls, Gopher Tortoises, and Bald Eagles for additional information on Protected Species.
If Protected Species are discovered before or during construction in the project area, it will be the Contractor’s responsibility to notify the City to see if protection is possible or if the City needs to procure a permit. Whether protection is possible or a permit is required, it is the Contractor’s responsibility to follow all necessary restrictions. During design, no protective species were found to be in conflict in the construction area.
If Protected Species are discovered in an area outside of the project area that the Contractor wishes to use for a laydown yard, it is the responsibility of the Contractor to perform any necessary environmental surveys and obtain any necessary environmental clearances, permits, permissions, or set up protections if allowed for the property to be used during the project. Under many circumstances, protected species, especially Burrowing Owls, Gopher Tortoises, and Bald Eagles are not present, can be protected, or nesting periods can be avoided. The presence of protected species was not evaluated during design for lay-down yards since the location of lay-down yards was not determined during design.
Copies of any inspection reports, authorizations, and/or permits shall be provided to the City’s Project Manager if Protected Species are encountered.
3.6 Inspection and Testing
The Contractor is responsible for contracting a licensed, responsible and reliable Engineer/Testing Company to perform the quality control inspections and testing required by the contract documents. Cost of testing is incidental to the cost of the contract item. Refer to Lee County Department of Transportation Supplemental Specifications for Traffic Signal and Street Lighting, the latest edition, and the Plans for requirements on Signal and Sign related testing.
3.7 Protection and Relocation of Existing Structures and Utilities
3.8 Pavement Restoration
The Contractor is responsible for restoring all roadway pavement that is outside the contract work limits and damaged during construction at no additional cost to the City. Pavement Restoration will be completed in accordance with the pending City of Cape Coral Engineering Design Standards (EDS), Sheets F-4 and F-5. See Exhibit A.
3.9 Clean Up and Restoration
Upon completion of the work and before acceptance and payment, the Contractor shall restore all public and private property which was damaged during the execution of the work. Restoration is meant to include grading and stabilizing the shoulders to match the new edge of pavement using materials consistent with what existed prior to construction. This shall be understood to include the use of sod or seed and mulch to replace (if necessary) existing grass that has been damaged. Foreign material, such as asphalt chunks, tack material, and dead vegetation, shall be removed from any spoil used to fill and dress shoulders after completion of paving.
Vacant lots and swales used for staging shall be free of debris, trash, and if needed regrading and reseeded at the Contractor’s expense.
The Contractor shall perform all restoration work indicated and required in accordance with the Contract Documents. The Contractor shall furnish all labor, materials, equipment and incidentals necessary to perform the work at no additional cost to the City.
All driveways and other entrances must be swept daily of all debris related to construction work.
All piles of materials or waste products piled on vacant lots must be completely removed and disposed of at the Contractor’s expense within two (2) weeks or prior to the City’s scheduled lot mowing date on that lot, whichever comes first.
Any damage to driveways, sprinkler systems, or landscaping will be evaluated by the City’s inspector and the Contractor. If the Contractor is found to be at fault, all repairs, and/or reimbursements to the homeowner must be completed within 2 weeks of discovery. Damage to mailboxes must be repaired or replaced within 24 hours of discovery or notification. In the event of damage causing repair/replacement, the Contractor will be responsible for obtaining quotes for repair/replacement. The Contractor will be responsible for the homeowner signing a release upon repair, replacement or reimbursement. The City will not be responsible for any damages caused by the Contractor.
It is the responsibility of the Contractor to receive all permissions and applicable insurances whether it is on private or public land to store any machinery on any vacant property throughout the duration of this project. If use of City property is being requested, Contractor shall begin the process with the City immediately upon bid award. It is the responsibility of the Contractor to perform any necessary environmental surveys and obtain any necessary environmental clearances, permits and permission to use vacant property. (See Sections 3.0 Special Conditions and 3.5 Permits) The property must be restored to its prior condition. Copies of authorizations, reports, and/or permits shall be provided to the City’s Project Manager.
3.10 Correction of Work Payment
A. Deduction for Uncorrected Work and Lack of Required Supervision
All work and material, as well as all processes of manufacturer, and methods of construction, are subject to approval of the City’s Project Manager who shall be the final judge of the quality and suitability of the work. All materials, processes of manufacturer, and methods of construction shall be suitable for the purposes for which they are used. Should they fail to meet the City’s Project Manager’s approval, the Contractor at his own expense shall remove and reconstruct them. Rejected material shall immediately be removed from the site.
The Contractor shall have a competent superintendent (serving in the capacity as a Contractor Project Manager) on the project at all times whenever the Contractor’s crew, or work crews of other parties authorized by the City Project Manager, are engaged in any activity whatsoever associated with this project. Should the Contractor fail to comply with the above condition, the City’s Project Manager shall, at his discretion deduct from the Contractor’s partial monthly payment estimate, sufficient monies to account for the City’s loss of adequate project management and superintendent, not as a penalty, but as liquidated damages for services not rendered. The Contractor shall assign a full-time superintendent to routinely and constantly supervise, manage, plan, monitor, schedule and control the construction operations on behalf of the Contractor. The City Engineer/Project Manager reserves the right to request a different superintendent at his/her discretion. An equipment operator or laborer will not be considered as a full-time superintendent.
B. Guarantee
The Contractor shall warrant all materials furnished and work performed for a period of one year from the date of written acceptance by the City and County (whichever is later) or by the date on the substantial completion letter. The making and acceptance of final payment shall not waive any claim for faulty work appearing after final payment or for failure to adhere strictly to the Construction Documents. If any part of the project is guaranteed for a longer period, such longer period shall prevail. Except as otherwise specified, all work shall be guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment, or workmanship for one year from the date of final completion and acceptance by the City.
3.11 Conformity Of Work
3.12 Errors or Omissions in Permits, Plans or Specifications
The Contractor shall take no advantage of any apparent error or omission, which may be discovered in the Plans or Specifications but shall forthwith notify the City Representative of such discovery, who will then make such correction and interpretations as deemed necessary for reflecting the actual spirit and intent of the Plans and Specifications.
3.13 Schedule
The Contractor must submit a schedule in calendar format on a bi-weekly basis, unless otherwise approved by the City. Schedules will be e-mailed to the City Project Manager. During Construction Phase, the schedule shall also indicate which days the Contractor anticipates doing major components of the program including placing traffic control on which roadways.
3.14 Public Notification
Contractor must obtain, furnish, program, and maintain four (4) variable message signs (VMS) to be placed by Contractor at Contractor’s cost throughout the entire project. These shall be at specific locations to be determined by the City Project Manager or the CEI and the locations and messages may change throughout the length of the contract. These VMS are intended to provide advance warning for forthcoming delays or condition changes caused by the project and shall therefore be placed at a given location at least one (1) week prior to start of work and remain in working order until moved by Contractor to a subsequent area, at a schedule to be determined by the City Project Manager. This includes using the VMS boards as required in the plans prior to flashing mode, during flashing mode, and during initial operation of the new signals. Each VMS must be capable of displaying at least two (2) different messages with three (3) lines of text each and meet FDOT standards.
The City, at their discretion, will provide special signs, posts & ballasts to be placed by the Contractor at locations determined by the City Project Manager. These signs will be relocated by the Contractor as the work zone moves.
The City, at their discretion, will distribute door hangers to any improved lots requiring special notification regarding the project, including, but not limited to, driveway reconstruction on private properties. The Project Manager will notify the Contractor of the locations where door hangers will be used, and the Contractor must provide ten (10) days’ notice so door hangars can be hung at least three (3) to seven (7) days prior to the work being performed. These notices will explain the project and advise homeowners of their responsibilities, if any, to relocate and/or remove certain existing features (i.e., trees, landscaping features, etc.) prior to the work being performed on their property.
The Contractor will be responsible for onsite notification of affected nearby residents in cases where advance notice cannot be given.
3.15 Police Department Assistance
A Police Department or Sheriff’s Department off-duty detail shall not be specifically required for work on this contract if the Contractor demonstrates adequate traffic control can be achieved using standard FDOT approved traffic control. However, if the City project manager deems police assistance is necessary, this shall be provided and shall be at the Contractor’s expense. If the Cape Coral Police Department is used, they must be notified 3 business days in advance of this work or emergency rates will apply.
3.16 Mandatory Pre-Construction and Progress Meetings
The Contractor shall cooperate and coordinate with the City to schedule and administer the mandatory preconstruction meeting no later than fourteen (14) calendar days after date of Notice to Proceed. The meeting shall be scheduled at the convenience of all parties. Representatives of Contractor, subcontractors, and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents.
The City and/or their representative will attend all meetings to ascertain that the Work is expedited consistent with Contract Documents and construction schedules. The Contractor shall record the preconstruction meeting and each progress meeting in its entirety and shall provide the City with a copy of such recording, having good quality and clarity, and a typed transcript of the minutes of the meeting.
The Contractor shall attend Progress meetings on a bi-weekly basis, unless otherwise approved by the City to be less or more often dependent of the status of the project. Schedules shall be updated and emailed before each Progress meeting.
Responses shall be effective for 120 days from Bid Opening Date or the Proposal Closing Date, and thereafter if accepted by the City for the term designated in this solicitation. By submitting a response you are in agreement with this timeframe.
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.
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 Legal Entity Name of respondent must be provided on the respondents submittal and all respondent form documents that are being submitted for the proposed goods or services requested in this solicitation. The Legal Entity Name will be used when creating the proposed goods or services contract between the Awarded Firm and the City.
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.
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.
General / Roadway
Mobilization
(Refer to FDOT Item 101-1 for additional details)
Perform preparatory work and operations in mobilizing for beginning work on the project, including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies, and incidentals to the project site. Include the costs of bonds and any required insurance and any other preconstruction expense necessary for the start of the work, excluding the cost of construction materials. The cost for Mobilization shall not exceed 5% of the total bid price for items 1.3 to 4.35.
This item shall be measured and paid as a Lump Sum (LS) item. Payments will be disbursed at 25% of the bid price per month for the first four months. In no event shall more than 50% of the bid price be paid prior to commencing construction on the project site.
(Refer to FDOT Item 102-1 for additional details)
Maintain all traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the work or interruptions after weather events (i.e. hurricanes). A weather event plan must be submitted and approved as part of Maintenance of Traffic. Construct and maintain approved detours. Provide facilities for access to residences, businesses, etc., along the project. Furnish, install and maintain traffic control and safety devices during construction. Maintenance of traffic (MOT) includes all facilities, devices and operations as required for safety and convenience of the public within the work zone.
The MOT plan shall be prepared and submitted to the City for approval by an individual that has completed and has received a certification for the FDOT Advanced MOT Certification training course or a Professional Engineer registered in the State of Florida.
If a road closure is required, the Contractor must construct and maintain detours. All road closures must be approved by the City Project Manager or his/her representative at least 72 hours prior to occurring. Contractor is required to provide an acceptable MOT Plan that provides details and detour routes for existing traffic; these plans must be reviewed and approved prior to any road closure.
All lane closures must not exceed 2 miles in total length (including taper, buffer, and work zone) in any given direction.
Provide facilities for access to all residences and businesses along the project corridor. Contractor must notify residents and businesses at least 48 hours in advance if access to local roads or homes will be limited.
Furnish, install, and maintain traffic control and safety devices during construction in accordance with the requirements of FDOT specifications under the direction of a qualified Traffic Control Supervisor. Traffic Control Supervisor must maintain a copy of credentials available at all times. The City reserves the right to verify qualifications at any time. Provide any other special requirements for safe and expeditious movement of traffic specified. MOT includes all facilities, devices and operations as required for safety and convenience of the public within the work zone.
Do not obstruct or create a hazard to any traffic during the performance of the work. Repair any damage to existing pavement open to traffic.
If Police Department Assistance is required, it shall be at the Contractor’s expense.
The cost for Maintenance of Traffic shall not exceed 5% of the total bid price for items 1.3 to 4.35.
This item shall be measured and paid as a Lump Sum (LS) item. Payments will be disbursed equally each month based on a percentage of the total Contract Time.
When construction is complete, as a condition prior to final acceptance, the Contractor shall provide a complete set of construction as-built plans, signed and sealed by a Professional Engineer or a Professional Surveyor and Mapper registered in the State of Florida, in an electronic format (PDF and AutoCAD) to: LCDOTProjects@leegov.com and the City Project manager wwilliam@capecoral.gov and PublicWorks@capecoral.gov. The contractor’s unit price shall include all costs associated with the furnishing of signed and sealed as-built plans, including all survey tasks.
This item shall be measured and paid as a Lump Sum (LS) item
(Refer to FDOT Item 0104-10 for additional details and refer to Section 104 for further requirements)
Sediment Barriers shall be bid, measured, and paid for on a per linear foot basis. Such price and payment shall be full compensation for all equipment, labor and materials required for completion of work per contract documents, including but not limited to ongoing maintenance as directed by the Engineer and complete removal and disposal of all materials when directed or by the completion of work.
This item shall be measured and paid per linear foot (LF).
(Refer to FDOT Item 0104-18 for additional details and refer to Section 104 for further requirements)
Inlet Protection System shall be bid, measured, and paid for per each on existing inlets only. Such price and payment shall be full compensation for all equipment, labor and materials required for completion of work per contract documents, including but not limited to ongoing maintenance as directed by the Engineer and complete removal and disposal of all materials when directed or by the completion of work.
This item shall be measured and paid per each (EA) for work completed on each existing inlet.
(Refer to FDOT Item 0110-1-1 for additional details)
Clearing & Grubbing shall be bid, measured, and paid on a lump sum basis. Such price and payment shall be full compensation for all equipment, labor and materials required for completion of work per contract documents, including but not limited to, complete removal and disposal of all vegetation, debris, drainage structures, flexible pavement, buildings or any other obstructions in all areas where excavation is to be done, or where embankments or structures will be constructed. This includes roadway area, ditch area, borrow and material pits, and areas where culverts or pipelines will be constructed. Also includes shrub and tree trimming identified in the contract documents.
All salvageable and/or any signing material, including supports, which are to be removed, shall remain the property of the City. They shall be loaded, delivered, and unloaded by the contractor in existing condition at the maintenance facility listed for this project.
This item shall be measured and paid as a Lump Sum (LS) item. Payments shall be made at task completion.
(Refer to FDOT Item 110-4-10 for additional details)
Removal of Existing Concrete shall be bid, measured, and paid on a square yard basis. Such price and payment shall be full compensation for all equipment, labor and materials required for completion of all work specified per contract documents and referenced FDOT specifications.
This item shall be measured and paid as a square yard (SY) item.
(Refer to FDOT Item 327-70-1 for additional details)
Milling of Existing Asphalt Pavement shall be bid, measured, and paid on a square yard basis. The quantity to be paid for will be the actual area milled, in square yards, over which milling is completed and accepted, including hauling off and stockpiling or otherwise disposing of the milled material. Such price and payment shall be full compensation for all equipment, labor and materials required for completion of all work specified per contract documents and referenced FDOT specifications.
Mill areas are those necessary to form clean vertical joints to tie to existing pavement and other necessary areas for grade.
This item shall be measured and paid as a Square Yard (SY) item.
(Refer to FDOT Item 337-7-82 for additional details)
Asphaltic Concrete Friction Course, Traffic C, FC-9.5 PG 76-22, shall be bid, measured, and paid on a ton basis. Total thickness of the asphalt layer will be approximately 1” thick to create positive drainage and be flush with the curb flag elevation. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents, including but not limited to, layout; geotechnical testing; compaction; tack coat, and disposal of excess or waste materials. All other items for which no separate payment is provided in the Bid Schedule shall be incidental.
This item shall be measured and paid as a Ton (TN) item.
(Refer to FDOT Item 425-5 and Cape Coral Utility Standard Detail S-285A, S-285B, or S-285C in Exhibit D for additional details. For any contradictions, City specifications shall supersede.
The Contractor shall be responsible for adjusting all manhole rings and covers to match new/proposed asphalt/grass surfaces. The Contractor shall confirm, prior to paving operations that proposed paving will not negatively affect any existing utilities. City Utilities Department will supply manhole ring and cover if the existing is damaged and cannot be reused. If necessary, Contractor shall arrange his schedule to allow for adequate time to pick up all rings from City Utilities Department.
The Contractor shall be responsible for the disposal of concrete, asphalt, debris, and other items as part of the work. Work includes providing MOT devices during construction and curing.
This item shall be measured and paid as an Each (EA) item.
(Refer to FDOT Item 425-6 and Cape Coral Utility Standard Detail UG-210 in Exhibit C for additional details. For any contradictions, City specifications shall supersede.
The Contractor shall be responsible for adjusting all valve boxes to match new/proposed asphalt/grass surfaces. Valve box cover adjusting shall be completed after paving operations are complete. The Contractor shall arrange his schedule to allow adequate time for such adjustments. All valve box cover adjustments shall be completed within thirty (30) days after paving is complete unless otherwise directed by Project Manager. The Contractor shall confirm, prior to paving operations that proposed paving will not negatively affect any existing utilities. City Utilities Department will supply valve box ring if the existing is damaged and cannot be reused. If necessary, Contractor shall arrange his schedule to allow for adequate time to pick up all rings from City Utilities Department.
The item includes all work necessary to adjust water, reuse, or sewer valves, including cutting and removing a 24” X 24” section of pavement, cleaning valve box of soil and debris. The valve box casting shall be aligned so that the casting is centered over the operating nut. The edge line of the concrete collar shall be parallel to the centerline of the roadway and shall include a brass valve ID tag provided by city. The Contractor shall be responsible for the disposal of concrete, asphalt, debris, and other items as part of the work. Work includes providing MOT devices during construction and curing.
This item shall be measured and paid as an Each (EA) item.
(Refer to FDOT Item 520-1-10 for additional details)
Construct portland cement Concrete Curb and Gutter, Type F. This item shall be bid, measured, and paid on a linear foot basis. For curb or curb and gutter, the quantity to be paid will be the plan quantity unless directed otherwise, in feet, measured along the face of the completed and accepted curb or curb and gutter. Curb for sidewalk curb ramps or driveways will be paid at the Contract unit price for the adjacent curb type. Such price and payment shall be full compensation for all work specified per contract documents and referenced FDOT specifications.
This item shall be measured and paid as a Linear Foot (LF) item.
(Refer to FDOT Item 520-2-1 for additional details)
Construct portland cement Concrete Curb, Type A. This item shall be bid, measured, and paid on a linear foot basis. For curb or curb and gutter, the quantity to be paid will be the plan quantity unless directed otherwise, in feet, measured along the face of the completed and accepted curb or curb and gutter. Curb for sidewalk curb ramps or driveways will be paid at the Contract unit price for the adjacent curb type. Such price and payment shall be full compensation for all work specified per contract documents and referenced FDOT specifications.
This item shall be measured and paid as a Linear Foot (LF) item.
(Refer to FDOT Item 522-2 for additional details)
Concrete Sidewalk, 6” Thick shall be bid, measured, and paid on a square yard basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents, including but not limited to, layout; compacted subgrade material; proper curing per FDOT standards; adjacent sodding of areas disturbed during removal and installation of sidewalk; geotechnical testing; and disposal of excess or waste materials. All other items for which no separate payment is provided in the Bid Schedule shall be incidental.
Concrete shall meet a minimum compressive strength of 3000 psi in 28 days per Cape Coral Engineering Design Standards.
This item shall be measured and paid as a Square Yard (SY) item.
(Refer to FDOT Item 527-2 for additional details)
Detectable Warnings shall be bid, measured, and paid on a square foot basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents, including but not limited to, surface preparation, removal of existing removable or surface applied detectable warnings, and incidentals necessary to complete the work. Detectable warnings shall be cast-in-place or “wet set”.
This item shall be measured and paid as a Square Foot (SF) item.
(Refer to FDOT Item 570-1-2 for additional details)
Performance Turf, Sod shall be bid, measured, and paid on a square yard basis. Such price and payment shall be full compensation for all equipment, labor and materials required to complete the project per contract documents. All sod in planting areas (medians) shall be Argentine Bahia. Additionally, all sod shall match existing adjacent sod type including but not limited to St. Augustine for all improved properties. Bahia sod shall be used for all unimproved lots. Maintain performance turf areas until final acceptance of all Contract work have been completed.
This item shall be measured and paid as a Square Yard (SY) item.
Signing and Pavement Markings
(Refer to FDOT Item 700-1-111 for additional details)
Single Column Ground Sign Assembly, F&I Ground Mount, Less Than 12 SF shall be bid, measured, and paid on an Each basis. Furnish and install roadway signs in accordance with the details in the FDOT Standard Plans and as shown in the Plans. Such price and payment shall be full compensation for all materials including the sign panels, sheeting, support structure, foundation, hardware, and all equipment and labor necessary for a complete installation per Contract Document.
This item shall be measured and paid as an Each (EA) item.
(Refer to FDOT Item 700-1-112 for additional details)
Single Column Ground Sign Assembly, F&I Ground Mount, 12.0-20.0 SF shall be bid, measured, and paid on an Each basis. Furnish and install roadway signs in accordance with the details in the FDOT Standard Plans and as shown in the Plans. Such price and payment shall be full compensation for all materials including the sign panels, sheeting, support structure, foundation, hardware, and all equipment and labor necessary for a complete installation per Contract Document.
This item shall be measured and paid as an Each (EA) item.
(Refer to FDOT Item 700-1-600 for additional details)
Single Column Ground Sign Assembly, Remove, shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for removal of signs, including the removal of the support and footing. Restore the area to the condition of the adjacent area.
This item shall be measured and paid as an Each (EA) item.
(Refer to FDOT Item 706-1-3 for additional details)
Raised Pavement Marker, Type B shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
(Refer to FDOT Item 710-12-290 for additional details)
Painted Pavement Markings, Durable Paint, Yellow, Island Nose shall be bid, measured, and paid on a square foot basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents, including all cleaning and preparing of surfaces, furnishing of all materials, application, curing and protection of all items, protection of traffic, furnishing of all tools, machines and equipment, and all incidentals necessary to complete the work. Final payment will be withheld until all deficiencies are corrected.
This item shall be measured and paid as a Square Foot (SF) item.
(Refer to FDOT Item 710-90 for additional details)
Painted Pavement Markings, Final Surface shall be bid, measured, and paid on a lump sum basis. Such price and payment shall be full compensation for all equipment, labor and materials required for all applications of painted pavement markings in accordance with contract documents.
This item shall be measured and paid as a Lump Sum (LS) item.
(Refer to FDOT Item 711-11-123 for additional details)
Thermoplastic, Standard, White, Solid, 12” for Crosswalk shall be bid, measured, and paid on a linear foot basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Linear Foot (LF) item.
(Refer to FDOT Item 711-11-124 for additional details)
Thermoplastic, Standard, White, Solid, 18” for Diagonals and Chevrons shall be bid, measured, and paid on a linear foot basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Linear Foot (LF) item.
(Refer to FDOT Item 711-11-125 for additional details)
Thermoplastic, Standard, White, Solid, 24” for Crosswalk shall be bid, measured, and paid on a linear foot basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Linear Foot (LF) item.
(Refer to FDOT Item 711-11-160 for additional details)
Thermoplastic, Standard, White, Message of Symbol shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
11. Thermoplastic, Standard, White, Arrow (Bid Item 2.11)
(Refer to FDOT Item 711-11-170 for additional details)
Thermoplastic, Standard, White, Arrow shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
(Refer to FDOT Item 711-14-125 for additional details)
Thermoplastic, Preformed, White, Solid, 24” for Crosswalk shall be bid, measured, and paid on a linear foot basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Linear Foot (LF) item.
13. Thermoplastic, Standard-Other Surfaces, White, Solid, 6” (Bid Item 2.13)
(Refer to FDOT Item 711-16-101 for additional details)
Thermoplastic, Standard-Other Surfaces, White, Solid, 6” shall be bid, measured, and paid on a gross mile basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Gross Mile* (GM) item.
14. Thermoplastic, Standard-Other Surfaces, White, Solid, 8” (Bid Item 2.14)
(Refer to FDOT Item 711-16-102 for additional details)
Thermoplastic, Standard-Other Surfaces, White, Solid, 8” shall be bid, measured, and paid on a gross mile basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Gross Mile* (GM) item.
15. Thermoplastic, Standard-Other Surfaces, White, Skip, 6",10-30 Skip Or 3-9 Lane Drop (Bid Item 2.15)
(Refer to FDOT Item 711-16-131 for additional details)
Thermoplastic, Standard-Other Surfaces, White, Skip, 6",10-30 Skip Or 3-9 Lane Drop shall be bid, measured, and paid on a gross mile basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Gross Mile* (GM) item.
16. Thermoplastic, Standard Other Surfaces, White, 6", 6-10 Dotted Managed Lane Marking (Bid Item 2.16)
(Refer to FDOT Item 711-16-171 for additional details)
Thermoplastic, Standard Other Surfaces, White, 6", 6-10 Dotted Managed Lane Marking shall be bid, measured, and paid on a gross mile basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Gross Mile (GM)* item.
17. Thermoplastic, Standard-Other Surfaces, Yellow, Solid, 6” (Bid Item 2.17)
(Refer to FDOT Item 711-16-201 for additional details)
Thermoplastic, Standard-Other Surfaces, Yellow, Solid, 6” shall be bid, measured, and paid on a gross mile basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Gross Mile (GM)* item.
18. Thermoplastic, Remove Existing Thermoplastic Pavement Markings- Surface to Remain (Bid Item 2.18)
(Refer to FDOT Item 711-17-1 for additional details)
Thermoplastic, Remove Existing Thermoplastic Pavement Markings- Surface to Remain shall be bid, measured, and paid on a square foot basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents. Striping shall be removed by hydroblast.
This item shall be measured and paid as a Square Foot (SF) item.
Lighting
(Refer to FDOT Item 715-1-12 for additional details)
Lighting Conductors, F&I, Insulated, No.8 - 6 shall be bid, measured, and paid on a linear foot basis. The quantity to be paid for will be the plan quantity, in feet, completed and accepted. Measurement will be based on the horizontal distance between pull boxes, or between pull boxes and luminaire poles, plus 8 feet for each conductor entering and 8 feet for each conductor leaving the pull box and 8 feet for each conductor entering the luminaire pole Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Linear Foot (LF) item.
(Refer to FDOT Item 715-5-31 for additional details)
Luminaire and Arm on New/Existing Pole shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as Each (EA) item.
(Refer to FDOT Item 715-7-11 for additional details)
Load Center, F&I, Secondary Voltage shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents, including enclosure, panel boards, breakers, lightning arrestor, contactors, photo electric switch, grounding, and the concrete pad as shown in the Plans and Standard Plans.
This item shall be measured and paid as Each (EA) item.
(Refer to FDOT Item 715-6-1411 for additional details)
Light Pole Complete, F&I, Standard Pole Standard Foundation, 45' Mounting Height, 8' Arm Length shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents, including poles, internal vibration damping device, truss arm, luminaire with lamp, anchor bolts with lock nuts and washers, frangible base, and foundation.
This item shall be measured and paid as an Each (EA) item.
(Refer to FDOT Item 715-500-1 for additional details)
Pole Cable Distribution System, Furnish & Install, Conventional shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents, including surge protector, fuse holders with fuses, waterproof connectors, and the waterproof wiring connection to the luminaires.
This item shall be measured and paid as Each (EA) item.
Signalization
(Refer to FDOT Item 630-2-11 and LCDOT Supplemental Specifications for additional details)
Conduit, Furnish & Install, Open Trench shall be bid, measured, and paid on a linear foot basis. Payment for conduit placed underground will be based on the horizontal length of the trench or bore measured in a straight line between the centers of pull boxes, cabinets, poles, etc., in linear feet, regardless of the length or number of conduits installed. No allowance will be made for sweeps or vertical distances below the ground.
Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents, including all hardware and materials, all testing as specified in the contract documents, casings, removal of excavated materials and spoils, removal and disposal of drilling fluids, locate wire, trenching, boring, backfilling, flowable fill and restoration materials necessary for a complete and accepted installation.
This item shall be measured and paid as a Linear Foot (LF) item.
(Refer to FDOT Item 630-2-12 and LCDOT Supplemental Specifications for additional details)
Conduit, Furnish & Install, Directional Bore shall be bid, measured, and paid on a linear foot basis. Payment for conduit placed underground will be based on the horizontal length of the trench or bore measured in a straight line between the centers of pull boxes, cabinets, poles, etc., in linear feet, regardless of the length or number of conduits installed. No allowance will be made for sweeps or vertical distances below the ground.
Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents, including all hardware and materials, all testing as specified in the contract documents, casings, removal of excavated materials and spoils, removal and disposal of drilling fluids, locate wire, trenching, boring, backfilling, flowable fill and restoration materials necessary for a complete and accepted installation.
This item shall be measured and paid as a Linear Foot (LF) item.
(Refer to FDOT Item 632-7-1 and LCDOT Supplemental Specifications for additional details)
Signal Cable- New or Reconstructed Intersection, Furnish & Install shall be bid, measured, and paid on a per intersection basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents, including furnishing all material, hardware, support wire, cable ties, cable clamps, lashing wire, terminal connectors, and cable grounding necessary for a complete and accepted installation.
This item shall be measured and paid as a Per Intersection (PI) item.
(Refer to FDOT Item 633-1-121 and LCDOT Supplemental Specifications for additional details)
Fiber Optic Cable, F&I, Underground, 2-12 Fibers shall be bid, measured, and paid on a linear foot basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Linear Foot (LF) item.
(Refer to FDOT Item 633-2-31 and LCDOT Supplemental Specifications for additional details)
Fiber Optic Connection, Install, Splice shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
(Refer to FDOT Item 633-3-11 and LCDOT Supplemental Specifications for additional details)
Fiber Optic Connection Hardware, F&I, Splice Enclosure shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
(Refer to FDOT Item 633-3-12 and LCDOT Supplemental Specifications for additional details)
Fiber Optic Connection Hardware, F&I, Splice Tray shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
(Refer to FDOT Item 633-3-13 and LCDOT Supplemental Specifications for additional details)
Fiber Optic Connection Hardware, F&I, Preterminated Connector Assembly shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
(Refer to FDOT Item 633-3-15 and LCDOT Supplemental Specifications for additional details)
Fiber Optic Connection Hardware, F&I, Preterminated Patch Panel shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
10. Fiber Optic Connection Hardware, F&I, Connector Panel (Bid Item 4.10)
(Refer to FDOT Item 633-3-17 and LCDOT Supplemental Specifications for additional details)
Fiber Optic Connection Hardware, F&I, Connector Panel shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
11. Pull & Splice Box, F&I, 30" X 60" Rectangular or 36" Round Cover Size (Bid Item 4.11)
(Refer to FDOT Item 635-2-13 and LCDOT Supplemental Specifications for additional details)
Pull & Splice Box, F&I, 30" X 60" Rectangular or 36" Round Cover Size shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
12. Pull & Splice Box, F&I, 17" X 30" Cover Size (Bid Item 4.12)
(Refer to FDOT Item 635-2-14 and LCDOT Supplemental Specifications for additional details)
Pull & Splice Box, F&I, 17" X 30" Cover Size shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
13. Electrical Power Service, F&I, Underground, Meter Purchased By Contractor (Bid Item 4.13)
(Refer to FDOT Item 639-1-122 and LCDOT Supplemental Specifications for additional details)
Electrical Power Service, F&I, Underground, Meter Purchased By Contractor shall be bid, measured, and paid on a per assembly basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Per Assembly (AS) item.
14. Electrical Service Wire, Furnish & Install (Bid Item 4.14)
(Refer to FDOT Item 639-2-1 and LCDOT Supplemental Specifications for additional details)
Electrical Service Wire, Furnish & Install shall be bid, measured, and paid on a linear foot basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Linear Foot (LF) item.
15. Electrical Service Disconnect, F&I, Pole Mount (Bid Item 4.15)
(Refer to FDOT Item 639-3-11 and LCDOT Supplemental Specifications for additional details)
Electrical Service Disconnect, F&I, Pole Mount shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
16. Prestressed Concrete Pole, F&I, Type P-II Service Pole (Bid Item 4.16)
(Refer to FDOT Item 641-2-12 and LCDOT Supplemental Specifications for additional details)
Prestressed Concrete Pole, F&I, Type P-II Service Pole shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
17. Aluminum Signals Pole, Pedestal (Bid Item 4.17)
(Refer to FDOT Item 646-1-11 and LCDOT Supplemental Specifications for additional details)
Aluminum Signals Pole, Pedestal shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
18. Steel Mast Arm Assembly, Furnish & Install, Double Arm 70’-60’ (Bid Item 4.18)
(Refer to FDOT Item 649-21-19 and LCDOT Supplemental Specifications for additional details)
Steel Mast Arm Assembly, Furnish & Install, Single Arm 70’-60’ shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
19. Steel Mast Arm Assembly, Furnish & Install, Double Arm 70’-70' (Bid Item 4.19)
(Refer to FDOT Item 649-21-20 and LCDOT Supplemental Specifications for additional details)
Steel Mast Arm Assembly, Furnish & Install, Double Arm 70’-70' shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
20. Vehicular Traffic Signal, Furnish & Install Aluminum, 3 Section, 1 Way (Bid Item 4.20)
(Refer to FDOT Item 650-1-14 and LCDOT Supplemental Specifications for additional details)
Vehicular Traffic Signal, Furnish & Install Aluminum, 3 Section, 1 Way shall be bid, measured, and paid on a per assembly basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Per Assembly (AS) item.
21. Vehicular Traffic Signal, Furnish & Install Aluminum, 4 Section, 1 Way (Bid Item 4.21)
(Refer to FDOT Item 650-1-16 and LCDOT Supplemental Specifications for additional details)
Vehicular Traffic Signal, Furnish & Install Aluminum, 4 Section, 1 Way shall be bid, measured, and paid on a per assembly basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Per Assembly (AS) item.
22. Vehicular Traffic Signal, Furnish & Install Aluminum, 5 Section, Straight, 1 Way (Bid Item 4.22)
(Refer to FDOT Item 650-1-18 and LCDOT Supplemental Specifications for additional details)
Vehicular Traffic Signal, Furnish & Install Aluminum, 5 Section, Straight, 1 Way shall be bid, measured, and paid on a per assembly basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Per Assembly (AS) item.
(Refer to FDOT Item 653-1-11 and LCDOT Supplemental Specifications for additional details)
Pedestrian Signal, Furnish & Install Led Countdown, 1 Way shall be bid, measured, and paid on a per assembly basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as a Per Assembly (AS) item.
24. Loop Detector Inductive, F&I, Type 11, 4 CH, SS, RM (Bid Item 4.24)
(Refer to FDOT Item 660-1-111 and LCDOT Supplemental Specifications for additional details)
Loop Detector Inductive, F&I, Type 11, 4 CH, SS, RM shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
25. Loop Assembly, F&I, Type B (Bid Item 4.25)
(Refer to FDOT Item 660-2-102 and LCDOT Supplemental Specifications for additional details)
Loop Assembly, F&I, Type B shall be bid, measured, and paid on an Assembly basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Assembly (AS) item.
26. Loop Assembly, F&I, Type F (Bid Item 4.26)
(Refer to FDOT Item 660-2-106 and LCDOT Supplemental Specifications for additional details)
Loop Assembly, F&I, Type F shall be bid, measured, and paid on an Assembly basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Assembly (AS) item.
27. Pedestrian Detector, Furnish & Install, Accessible (Bid Item 4.27)
(Refer to FDOT Item 665-1-12 and LCDOT Supplemental Specifications for additional details)
Pedestrian Detector, Furnish & Install, Accessible shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
For Accessible Pedestrian Detection System, Polara INS 2-Wire System shall be used:
Pedestrian information sign shall be FDOT FTP-032-025 and Street Name shall be permanently printed on the sign.
This item shall be measured and paid as an Each (EA) item.
28. ITS CCTV Camera, Non-Pressurized, IP, High Definition (Bid Item 4.28)
(Refer to FDOT Item 682-1-173 and LCDOT Supplemental Specifications for additional details)
ITS CCTV Camera, Non-Pressurized, IP, High Definition shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
29. Managed Field Ethernet Switch, Furnish & Install (Bid Item 4.29)
(Refer to FDOT Item 684-1-1 and LCDOT Supplemental Specifications for additional details)
Managed Field Ethernet Switch, Furnish & Install shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
30. Cellular Modem, Furnish & Install (Bid Item 4.30)
(Refer to FDOT Item 684-8-1 and LCDOT Supplemental Specifications for additional details)
Cellular Modem, Furnish & Install shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
31. Uninterruptible Power Supply (UPS), Furnish & Install, Online/Double Conversion with Cabinet (Bid Item 4.31)
(Refer to FDOT Item 685-1-12 and LCDOT Supplemental Specifications for additional details)
Uninterruptible Power Supply, Furnish & Install, Econolite/Tech Power 1000-Watt 48 Volt DBLMX1000U-48 with Econolite/Tech Power ZX1000-48 Super Capacitor (with Bypass BPHS-1500-DR (APL #685-2-12, item below) and include Cable ZXDC-Cable-DBLMXU-48 shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
32. Remote Power Management Unit – RPMU, Furnish & Install, (Bid Item 4.32)
(Refer to FDOT Item 685-2-1 and LCDOT Supplemental Specifications for additional details)
Remote Power Management Unit – RPMU, Furnish & Install, shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
33. Sign Panel, Furnish & Install Overhead Mount, Up To 12 SF (Bid Item 4.33)
(Refer to FDOT Item 700-3-201 and LCDOT Supplemental Specifications for additional details)
Sign Panel, Furnish & Install Overhead Mount, Up To 12 SF shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
34. Sign Panel, Furnish & Install Overhead Mount, 12-20 SF (Bid Item 4.34)
(Refer to FDOT Item 700-3-202 and LCDOT Supplemental Specifications for additional details)
Sign Panel, Furnish & Install Overhead Mount, 12-20 SF shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
35. ATC Cabinet with Controller, F&I, NEMA, Size 7, 44” – 49” W x 24” – 27” D (Bid Item 4.35)
(Refer to FDOT Item 923-6-76105 and LCDOT Supplemental Specifications for additional details)
ATC Cabinet with Controller, F&I, NEMA, Size 7, 44” – 49” W x 24” – 27” D shall be bid, measured, and paid on an Each basis. Such price and payment shall be full compensation for all equipment, labor and materials required for a complete installation per contract documents.
This item shall be measured and paid as an Each (EA) item.
As-Built Plans (Bid Item 5.1)
When construction is complete, as a condition prior to final acceptance, the Contractor shall provide a complete set of construction as-built plans, signed and sealed by a Professional Engineer or a Professional Surveyor and Mapper registered in the State of Florida, in an electronic format (PDF and AutoCAD) to: LCDOTProjects@leegov.com and the City Project manager wwilliam@capecoral.gov and PublicWorks@capecoral.gov. The contractor’s unit price shall include all costs associated with the furnishing of signed and sealed as-built plans, including all survey tasks.
This item shall be measured and paid as a Lump Sum (LS) item
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.
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 270 calendar days from the commencement date indicated in the Notice to Proceed.
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.
NOTICE IS HEREBY GIVEN that the City of Cape Coral, Florida is advertising for sealed responses. All items included in the electronic solicitation are a part of this solicitation and by reference are made a part thereof.
In the event of any conflict between this solicitation and City of Cape Coral Ordinance, the provisions of the Ordinance shall prevail.
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 Term of the Contract shall be for (enter years) with the option for (# of renewals) additional one-year periods if mutually agreed upon.
NOTICE IS HEREBY GIVEN that the City of Cape Coral, Florida is issuing this Solicitation through its electronic procurement system. All documents and items included in the electronic Solicitation are incorporated herein by reference.
By submitting a response, the Respondent agrees to comply with all Terms and Conditions contained herein. In the event of a conflict between this Solicitation and City ordinances or applicable law, such ordinances and laws shall prevail.
The Legal Entity Name of the Respondent must be provided on all submission documents and will be used in any resulting contract.
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.
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 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.
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.
It is required that the respondent hold a valid General Contractors license through the State of Florida to perform the work and have a local competency license and also be registered in the City of Cape Coral. Refer to Scope of Work #3.2 for specific licensing required for traffic signal construction.
Respondent will attach copies of the documents as proof of qualifications.
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 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 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.
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.
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 $1,685.00 per calendar day for each day that the contract is not completed within 270 calendar days of the commencement date indicated in the Notice to Proceed.
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 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.
Responses will be considered from firms normally engaged in providing the service(s) requested. The Respondent must demonstrate adequate experience, organization, facilities, equipment, proper licensing, and personnel to ensure prompt and efficient service to the City of Cape Coral.
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).
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.
Compliance with the Davis-Bacon Act
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.)
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.
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.
Complete the LAP Certification Form located in the Suppler Acknowledgement section.
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”
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.
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 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)
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.
Download and complete attached Cost Proposal forms. Upload completed forms in the Supplier Acknowledgements section, item Price Proposal - Cost/Fees.
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.
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.
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.
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
Costs are Not-to-Exceed 5% of base bid (total of line #'s 1.1 through 5.1)
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.
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.
All questions about the meaning or intent of the Solicitation Documents shall be submitted via the Electronic Procurement (E-Procurement) platform by the date and time stated in the solicitation.
Interpretations of the solicitation or additional information as to its requirements, where necessary, shall be communicated to all prospective respondents by addendum only. All addendums will be posted through the electronic bid platform. By submitting a response, the firm is acknowledging it has reviewed all addenda related to the solicitation.
NO ADDENDA WILL BE ISSUED WITHIN FIVE (5) BUSINESS DAYS PRIOR TO THE SUBMISSION DEADLINE, UNLESS AN ADDENDUM HAS BEEN ISSUED EXTENDING THE DEADLINE.
Costs are Not-to-Exceed 5% of base bid (total of line #'s 1.1 through 5.1)
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.
Compliance with the Clean Air Act and Federal Water Pollution Control Act
Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387) and will report violations to FEMA and the Regional Office of Environmental Protection Agency (EPA).
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.
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.
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.
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.
Bid security shall be in the amount of 5% of the total base bid.
A copy must be attached within the response submittal. The City will accept electronic copies of the bid security, or Bid Bond, with the raised seal shaded with pencil to show the seal is present. The original bid security, or Bid Bond, will be requested from the awarded bidder prior to contract execution.
By submitting a fully executed electronic copy of the bid security, you are authorizing the City to accept and to rely upon a facsimile signature, digital, or electronic signatures of a firm or vendor, a firm or vendor’s agent, surety, insurance company or bank on this solicitation. Any such signature will be treated as an original signature for all purposes and shall be fully binding. The undersigned represent that they have the express authority of the respective party they represent to enter into and execute this Agreement and bind the respective party thereby. A hard copy of the bid security showing the raised seal must be delivered via sealed envelope to the City per the instructions listed in the General Terms & Conditions of this solicitation.
If submitting payment in a form other than a bid security bond, a copy must be attached to this bid and the original must be delivered via sealed envelope to the City per the instructions listed in the General Terms & Conditions.
The City is authorized to accept and rely upon a facsimile signature, digital, or electronic signatures of a firm or vendor, a firm or vendor’s agent, surety, insurance company or bank on this solicitation. Any such signature will be treated as an original signature for all purposes and shall be fully binding. The undersigned represent that they have the express authority of the respective party they represent to enter into and execute this Agreement and bind the respective party thereby.
Any contract award will be dependent on the original being provided when requested.
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.
Pursuant to FL Statute §255.05 any Contractor entering a contract for the construction of a public building or public work, or for any repairs upon a building or public work shall, before commencing work, execute, deliver to the City of Cape Coral (Procurement), and record in the public records of Lee County, Florida, a payment and performance bond issued by a surety authorized to do business in the State of Florida. The amount of the bond shall be 100% of the contract amount. The original recorded bond will be returned to City (Procurement) before any commencement of work.
Public Construction Bond or Performance & Payment Bonds - For use on Projects $200,000 or greater.
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.
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.
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.
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 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 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.
Mistakes discovered before the Bids are opened may be modified or withdrawn by the bidder through the electronic bid platform, prior to the time set for the bid submittal.
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.
Responses will be opened in accordance with applicable Florida law and the procedures stated in the Solicitation. At the time of opening, the City may publicly announce the names of Respondents and, when applicable, pricing or other information permitted by law.
Pursuant to Section 119.071(2) Florida Statute, sealed bids, proposals, or replies received in response to a competitive solicitation are exempt from public disclosure until the City provides notice of an intended decision or until thirty (30) days after opening, whichever occurs first.
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.
After bids are opened, corrections or modifications to bids are not permitted, but a bidder may be permitted to withdraw an erroneous bid, prior to the bid award by City Council, if the following is established:
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.
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.
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
Prior to the submission deadline, Respondents may modify or withdraw responses through the electronic procurement system.
After Solicitation opening, modifications are not permitted. The City may permit withdrawal of an erroneous response prior to award, at its discretion, if the Respondent demonstrates all of the following:
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.
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 will require the awarded respondent to execute written contract(s) prior to the issuance of a purchase order. A Sample Agreement has been included for reference and is subject to change.
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 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 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.
When Owner issues a Notice of Intent to Award to the successful respondent, the Owner will request the successful respondent to provide a signed agreement (using blue ink), which has been partially signed by Owner staff. Once the intent to award has been approved by City Council, authorized Owner staff will complete the signing of the contract documents. The contract will then become fully executed. Owner will deliver one fully executed agreement to the successful respondent. Within fifteen (15) calendar days thereafter, the awarded respondent shall deliver the Certificate of Insurance providing coverage as outlined in the solicitation documents, with the Owner being named as additional insured, original payment and performance bonds (when applicable) that have been recorded in Lee County Clerk of Courts, the original bid bond (bid security) with the raised seal and any additional documentation required to be delivered by the Contract Documents to Owner. No work is to begin on the project, prior to issuance of the Notice to Proceed and issuance of a fully executed Purchase Order.
A Pre-construction meeting may be scheduled after all Contract Documents are reviewed.
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.
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 in the technical specification document and in the “Supplier Acknowledgement” section of this solicitation. It will also be included in the Agreement.
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.
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.
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.
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.
A. Pursuant to Florida Statute §287.058 (1) (c), this contract may be unilaterally cancelled by the City if the Contractor, refuses to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this contract, unless the records are exempt from disclosure.
B. The resulting contract may be cancelled at any time during the period by the City of Cape Coral upon giving thirty (30) days written notice to the contractor. Contract can be cancelled for the following:
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.
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.
The City’s performance and obligation to pay under this contract is contingent upon annual an appropriation by the City Council. This Contract is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the City if the City Council reduces or eliminates appropriations.
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.
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.
It is hereby made a precondition of any response and part of these specifications that the submission of any response to this request constitutes a response made under the same conditions, for the same price, and for the same effective period as this response, to any other governmental entity.
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.
All vendors must be registered with the City of Cape Coral electronic procurement portal at https://procurement.opengov.com/portal/capecoralfl in order to submit a response to a solicitation.
Upon award of a contract, the vendor will also need to register with the City of Cape Coral vendor portal. Registration can be done online from the City of Cape Coral website, www.capecoral.gov Once on the website, under “I WANT TO,” click on “Register” then “City Vendor.” That will take you to the “Vendor Portal” page from where you may register online.
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.
The City of Cape Coral, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. The awarded vendor will be provided a copy of the City of Cape Coral's Certificate of Exemption (85-8012589883C-5) upon request.
The awarded firm shall observe and obey all laws, ordinances, rules, and regulations of the federal, state, and local municipality, which may be applicable to the service being provided. The awarded firm shall have or be responsible for obtaining all necessary permits or licenses required in order to provide this service. NO EMPLOYEE OR FAMILY MEMBER OF A CITY EMPLOYEE MAY DO BUSINESS WITH THE CITY WHEN COMPETITIVE BIDDING HAS NOT BEEN THE SOLE DETERMINING AWARD CRITERIA (ref: Ordinance 68-07 Sec. 2–151, revised 7/23/07).
A. General Legal Compliance: The awarded Respondent shall comply with all federal, state, and local laws, rules and regulations. Permits and licenses necessary for the performance of this work shall be secured and paid for by the awarded Respondent prior to execution of the contract or purchase order.
B. City Permits and Right-of-Way Requirements: Prior to performing work within City rights-of-way, the Contractor shall obtain a Right-of-Way permit and an approved Maintenance of Traffic (MOT) plan by contacting the Public Works Department, Construction Inspector at (239) 242-3295. The City shall notify the Contractor of required City permits and reimburse the Contractor for applicable disclosed permit fees. Any required City permits or fees not previously disclosed may be invoiced separately.
A complete list of Permits fees can be obtained from the Department of Community Development located at Cape Coral City Hall or online at https://www.capecoral.gov/department/community_development/fees.php. - Specific information on building permitting requirements may be obtained by calling (239) 574-0546.
C. Contractor Licensing Requirements:
1. Performance Licensing: If the Respondent holds a valid state-certified contractor’s license, registration with the City of Cape Coral Licensing/Business Tax Division is required prior to performing work in Cape Coral. A City Competency License is also required where applicable.
If the Respondent maintains a permanent business location within the City of Cape Coral, including branch offices or storage or warehouse facilities, the Respondent shall obtain the required City Certificate of Use, Business Tax Receipt, and occupational licenses.
2. Licensing Documentation (Submittal Requirement): Respondents holding a valid state-certified contractor’s license shall submit copies of required occupational and/or competency licenses with their response. If a Respondent does not hold a current City of Cape Coral license at the time of submission, registration with the Licensing Division of the Department of Community Development is required and shall be completed upon contract award. Specific information on licensing requirements may be obtained by calling (239) 574-0430.
Failure to provide evidence of required occupational or competency licenses may result in the response being deemed non-responsive.
See attached Minimum Insurance Requirements form for information relative to insurance requirements. By submitting a response to the solicitation, respondent is agreeing to meet the insurance requirements of the project, which are subject to change.
NOTE FOR ALL INSURANCE TYPES – AFTER CONTRACT AWARD:
The State of Florida has a no-fault automobile insurance requirement. The Contractor shall be certain coverage is provided which conforms to any specific stipulations in the law.
The Contractor shall furnish one copy each of Certificate of Insurance herein, which shall specifically set forth evidence of all coverage required. The Contractor shall furnish the Owner copies of any endorsements that are subsequently issued amending coverage or limits.
The CITY is a public agency subject to Chapter 119, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICABILITY OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, AT (239) 574-0411, ctyclk@capecoral.gov, City of Cape Coral, 1015 Cultural Park Boulevard, Cape Coral, FL 33990.
The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall:
Keep and maintain public records required by the public agency to perform the service;
Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law;
Ensure that public records that are exempt or confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the CITY;
Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.
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).
All records in any manner whatsoever relating to the assigned Project, or any designated portion thereof, which are in the possession of the Respondent or its subconsultants or subcontractors, shall be made available to the CITY for inspection and copying upon written request of the CITY. Additionally, such records shall be made available, upon request by the CITY, to any applicable state, federal, or other regulatory authorities, and any such authority may review such.
Said records include, but are not limited to, all submittals, correspondence, memoranda, audio recordings, video recordings, and other writings which document the project. Said records expressly include documentation of time expended and expenses by the Contractor and its personnel incurred in performance of the contract and the records of expenses incurred by the Respondent in its performance under said contract.
The CITY intends to reuse all plans at some future time in accordance with Section 287.055(10), Florida Statutes. There shall be no public notice requirement or utilization of the selection process when the CITY reuses such plans, as permitted by law.
General Record-Keeping Requirements
The awarded respondent (hereinafter “Contractor”) shall maintain auditable records adequate to account for all receipts and expenditures related to the project and to document compliance with the Solicitation Documents and resulting Contract.
Such records shall be maintained in accordance with generally accepted accounting principles; follow accounting procedures acceptable to the City; and include full and detailed accounts and financial records pertaining to performance of the Work and provision of services to the City.
The City of Cape Coral reserves the right to determine the record-keeping method in the event of non-conformity.
Personnel, Subcontractor, and Cost Records
Records of the Contractor’s personnel, subcontractors, and all costs pertaining to the Project shall be maintained in accordance with generally accepted accounting practices.
Prior to commencing Work, the Contractor shall review with and obtain the City’s approval of the accounting procedures and records to be utilized on the Project.
Audit Rights and Reimbursement
The City reserves the right to audit, inspect, or examine the Contractor’s and its subcontractors’ records, invoices, and other Project-related documentation to verify compliance with the Contract and the accuracy of charges.
If any audit, inspection, or examination discloses overpricing or overcharges of any nature to the City by the Contractor and/or its subcontractors, the CITY shall be entitled to adjustment and reimbursement or recovery in the amount of such overpricing or overcharging. If the amount of the overpricing or overcharging exceeds One Hundred Thousand Dollars ($100,000.00), in addition to adjusting for the overcharges, the reasonable actual cost of the CITY’s audit shall be reimbursed to the CITY by Contractor. All required reimbursements or adjustments resulting from any such audit or inspection shall be made within thirty (30) calendar days from presentation of the CITY's written findings to the Contractor.
Record Retention
The Contractor shall preserve the aforementioned records for a period of ten (10) years after final payment, or longer if required by law.
Failure of the Contractor to comply with the provisions of this Section shall constitute a Default and Breach of the Contract, and the CITY shall enforce such Default in accordance with the provisions set forth. The provisions of this Section shall survive expiration or termination of the Contract.
Vendor agrees to comply with the drug-free workplace requirements for Federal Vendors pursuant to 41 U.S.C.A. § 8102.
The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or “or equal” item of material or equipment may be furnished or used by Contractor is acceptable to A/E, application for such acceptance will not be considered by A/E until after the “effective date of the Agreement.” The procedure for submittal of any such application by Contractor and consideration by A/E is set forth in Section Contractor's Responsibilities paragraphs D and E.
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 awarded respondent shall indemnify and hold harmless the City, its officers and employees, from liabilities, damages, losses and costs, including but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the awarded respondent and any persons employed or utilized by the awarded respondent in the performance of the resulting contract.
The term does not include:
An agreement that provides only:
The City of Cape Coral may request additional information related to financial documents required from bidders/proposers. Those requests may include submittal of financial statements, financial records, bonds, or insurance or other documents necessary to ascertain the viability of the respondent for the solicitation or service requested. The failure to submit the requested documents may deem the respondent as non-responsive/non-responsible and therefore ineligible for award of the solicitation or service proposed.
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:
As a condition precedent to entering into this CONTRACT and in compliance with The Immigration and Nationality Act (INA), 8 U.S.C. Section 1324a(e) Section 274A(e) and Florida Statute State Section §448.095, Contractor or Consultant and their subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. The Employment Verification System (E-Verify) is operated by the Department of Homeland Security in partnership with the Social Security Administration.
A public agency must require in any contract that the contractor, and any subcontractor thereof, register with and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor. A public agency or a contractor or subcontractor thereof may not enter into a contract unless each party to the contract registers with and uses the E-Verify system (emphasis mine).
NOTE: Response to this Solicitation must include E-Verify Memorandum of Understanding (MOU) Verification document. Upload the E-Verify MOU document under the Response Attachment Tab.
PUBLIC AGENCY CONTRACTING
(a) A public agency must require in any contract that the contractor, and any subcontractor thereof, register with and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor. A public agency or a contractor or subcontractor thereof may not enter into a contract unless each party to the contract registers with and uses the E-Verify system.
(b) If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract.
(c) 1. A public agency, contractor, or subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with the person or entity.
2. A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the contractor otherwise complied with this subsection, shall promptly notify the contractor and order the contractor to immediately terminate the contract with the subcontractor.
3. A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with a contractor under this paragraph, the contractor may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. A contractor is liable for any additional costs incurred by a public agency as a result of the termination of a contract.
(d) A public agency, contractor, or subcontractor may file a cause of action with a circuit or county court to challenge a termination under paragraph (c) no later than 20 calendar days after the date on which the contract was terminated.
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.
Pursuant to Florida Statute 787.06, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in F.S. 787.06.
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.
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
The Consultant affirms and attests that they are eligible to enter into this agreement and are not prohibited against contracting, based on not being a scrutinized company as outlined in Florida Statutes 287.012; Florida Statute 215.473 and Florida Statute 215.4725. The consultant further agrees that if they are included on the list of scrutinized firms list in the future, located at (http://www.sbafla.com), that this agreement may be terminated at the City’s option. The Consultant firm understands that pursuant to section 287.125, Florida Statutes, the submission of a false certification may subject the Consultant to civil penalties, attorney’s fees, and/or costs.
Pursuant to 287.135 Florida Statute, s. 215.4725 and s. 215.473, A Company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency (state) or local governmental entity for goods or services of:
a. Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or
b. One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company:
1. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List, created pursuant to s. 215.473; or
2. Is engaged in business operations in Cuba or Syria.
Respondent shall clearly indicate all areas in which the items the respondent does not fully comply with the requirements of this specification. The decision as to whether as item fully complies with the stated requirements rest solely with the City of Cape Coral.
Deviations can be listed in the Deviations from Specifications section from the Supplier Acknowledgements Section.
In resolving conflicts, errors or discrepancies, the order of precedence of the contract documents is as follows:
1. Change Orders/Work Change Directives
2. Standard Form of Agreement
3. Addenda
4. Specifications
5. General Conditions
6. Drawings
7. Figure Dimensions
8. Scale Dimensions
Related Work at Site:
Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor.
The contract language contained in this article will supplement and take precedence over all other change order pricing contract provisions in the contract documents provided by either the Owner, Construction Manager (Contractor), General Contractor (Contractor) and/or Architect/Engineer.
It is understood that these contract provisions will govern the pricing and administration of all change order proposals to be submitted by Contractors and/or all other lower tier subcontractors (all referred to as “Contractor” in this article). In the event of a conflict between the other contract documents used for the project, the change order pricing contract provisions in this article shall govern.
Contractor agrees that it will incorporate the provisions of this article into all agreements with lower tier Contractors who will also include this section into agreements with all lower tier subcontractors, etc. It is understood that these change order pricing provisions apply to all types of contracts and/or subcontracts specifically including lump sum (or fixed price contracts), unit price contracts. It is further understood that these change order provisions will apply to all methods of change order pricing specifically including lump sum change order proposals, unit price change order proposals, and cost-plus Fee change order proposals.
Whenever change order proposals to adjust the contract price become necessary, the Owner will have the right to select the method of pricing to be used by the contractor in accordance with the pricing provisions found in this section. The options will be (1) lump sum change order proposal, (2) unit price change order proposal, or (3) cost plus Fee change order proposal as defined in the following provisions.
Please contact the Procurement Division at the number shown on this solicitation document herein as the first point of contact for more information.
The link below will take you to the City of Cape Coral vendor Registration page:
https://www.capecoral.gov/department/financial_services/procurement/vendor_registration.php
Suppliers submitting a response to any solicitation are not required to be registered vendors or set up EFT payment prior to submitting their response. Suppliers do need to become register vendors and have the EFT payment form in place prior to the award of any contract.
Burrowing Owls are classified as “Threatened” and are protected under the Florida Administrative Code, the Migratory Bird Treaty Act, and City Ordinance 20-19. In accordance with the Florida Fish and Wildlife Conservation Commission, the City of Cape Coral is mandating that appropriate protective techniques must be initiated.
Gopher Tortoises - By submitting a bid for these services, it is hereby acknowledged and accepted by each Bidder that Gopher Tortoises are protected by Ordinance 20-19 and State Laws which prohibit the harming of Gopher Tortoises and their burrows. Harming of Gopher Tortoises and their burrows will be reported to State authorities. The City marks the half-moon shaped burrows with a single white PVC stake. The Contractor should be on careful watch for any unmarked burrows/nest and maintain a minimum twenty-five (25) feet buffer from the burrow/nest. Burrows shall be roped off with a 25-foot buffer prior to commencement of any construction activities. Units 33, 35, 37, 51, 53, 80, 91, and 97 have heavy Gopher Tortoise Populations. Gopher Tortoises are typically active during daylight hours and due care should be taken by the awarded Contractor(s) during that time.
Bald Eagles - Be advised that specific areas of this project may lie within a protective zone of a Bald Eagle nesting site, which are protected by City Ordinance 165-06, and Federal and State laws.
The Contractor shall accept full responsibility for the actions of their employees and subcontractors to ensure that all laws protecting endangered species, including but not limited to, Burrowing Owls, Gopher Tortoises, Bald Eagles, Eastern Indigo Snakes, Florida Bonneted Bats, and Small Tooth Sawfish are adhered to. It shall be clearly understood by each Contractor that City staff will monitor their activities and will take action.
The City of Cape Coral is exempt from State of Florida sales tax on materials it purchases. On the basis of this exemption the City can purchase materials and furnish them to Contractor and its Subcontractors thereby reducing the overall cost of the Project. The process used to ensure the responsibility for materials stays with the contractor installing the items while saving the City the amount of sales tax normally included in the price of construction is called the Direct Purchase Procedure.
In general, Contractor’s Subcontractors will include the price of all materials including sales tax in each of the unit priced items indicated in the plans and specifications. The Subcontractor will take proposals for the materials from the vendors of Contractor’s choice. The vendors will include sales tax in their proposal as if this were a typical commercial purchase and those costs will be included in the bid prices the Subcontractor submits in Contractor’s bid. After a Work Authorization with a requisition cost over fifteen thousand dollars ($15,000) including the specific items to be purchased is issued to Contractor and the Subcontractor is subsequently awarded by the Contractor, the City will be provided with 1) the name of the vendor, 2) a list of the materials to be purchased, and 3) the delivery schedule for the items.
The Subcontractor and Contractor will also provide any other information or forms that the City would require to issue the purchase order for the material. The City will place the purchase order for the material less the amount of State of Florida sales tax. After the material is delivered, Contractor and the Subcontractor will credit the City for the price of the materials plus the amount of the sales tax which would have normally been paid, from the amounts due for the Work performed.
The City of Cape Coral reserves the right to require Contractor to assign some or all of its subcontractor’s bids or agreements for purchase of materials from these suppliers to City of Cape Coral. The Contractor shall work with the City of Cape Coral to develop a mutually satisfactory Direct Purchase program to allow for such purchases of materials for the Project by the City of Cape Coral.
The responding firm, by virtue of submitting a response, agrees that City of Cape Coral General Provisions and Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately or included.
Failure of the CITY to take any action with respect to any breach of any term, covenant, provision or condition contained in the agreement, or any instance of default there under by the awarded Respondent should not be deemed to be a waiver of any default or breach by the CITY.
Should it become necessary for the CITY to bring any action against the awarded Respondent to enforce any of the covenants, provisions, terms or conditions of the agreement, the awarded firm will pay all costs attendant thereto, including reasonable attorney’s fees to the attorney representing the CITY, and said obligation shall apply to declaratory relief, if necessary, to interpret any of the items thereof.
All applicable laws and regulations of the State of Florida and ordinances and regulations of the City of Cape Coral will apply to any resulting agreement and venue for any action arising out of, or in connection with, this Solicitation and responses thereto shall lie solely in Lee County.
All services to be purchased under this solicitation shall be performed in accordance with all governmental standards, to include, but not be limited to, those issued by the American National Standards Institute (ANSI), the American Society for Testing Materials (ASTM), the Environmental Protection Agency (EPA), the Instrument Society of America (ISA), the International Standards Organization (ISO), the National Institute of Occupations Safety Hazards (NIOSH), the National Sanitation Foundation (NSF), the National Fire Protection Association (NFPA), and the Occupational Safety and Health Administration (OSHA). Special attention is made to OSHA’s 29CFR 1910 regulations relating to hazardous atmospheres in confined spaces.
It shall be the responsibility of all Respondents to follow current standards and be regularly informed and to conform to any changes in standards issued by any regulatory agencies during the term of this contract.
If made applicable by the use of Federal Grant funds in the Project, or any other requirement as set out below, Respondents and any Sub-contractors included as part of project teams shall comply with the following enactments, rules, regulations, orders, and statutes:
In addition, to the normal paperwork documentation the Contractor typically furnishes to the Owner, in order to facilitate efficient use of Owner resources when reviewing and/or auditing the Contractor’s billings and related reimbursable cost records, the Contractor agrees to furnish (upon request) the following types of information in the specified computer (PC) readable file format(s):
Type of Record:
| TYPE OF RECORD | FILE FORMAT |
| Monthly Job Cost Detail | .pdf and Excel |
| Detailed Job Cost History to Date | .pdf and Excel |
| Monthly Labor Distribution Detail (if not already separately detailed in the Job Cost Detail) | .pdf and Excel |
| Total Job to Date Labor Distribution Detail (if not already included in the detailed Job History to date) | .pdf and Excel |
| Employee Timesheets documenting time worked by all individuals who charged reimbursable time to the project | .pdf and Excel |
| Weekly Task Reports listing names and hours and tasks of personnel who worked on the project | |
| Weekly Project Manager Reports | |
| Detailed Subcontract Status Reports (showing original subcontract value, approved subcontract change orders, subcontractor invoices, payment to subcontractors, etc. | .pdf and Excel |
| Copies of Executed Subcontracts with all Subcontractors | |
| Copies of all executed change orders issued to Subcontractors | |
| Copies of all documentation supporting all reimbursable job costs (subcontractor payment applications, vendor invoices, internal cost charges, etc.) |
The Contractor shall comply in all respects with all Federal, State and Local Safety and health regulations. Copies of the Federal regulations may be obtained from the U.S. Department of Labor, Occupation Safety and Health Administration (OSHA), Washington DC 20210 or their regional offices. The Contractor shall comply in all respects with the applicable Workman’s Compensation Laws.
If made applicable by the use of Federal Grant funds in the Project, or any other requirement, Bidders and any Sub-contractors included as part of project team shall comply with the most recent enactments, rules, regulations, orders, and statutes as shown at the link below:
In accordance with Article VII Division 1 Sections 2-144(a(10) of the City of Cape Coral Ordinance prior to award, a vendor who desires to be considered for local preference in a bid must submit sufficient information with its bid 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.
Certain conditions may make the Local Vendor Preference section exempt, such as but not limited to cooperative purchases, piggybacks, purchases exempt from competition, where funding prohibits, grants, possible FEMA reimbursements or when the City Manager or Council has good cause.
This solicitation is EXEMPT from Local Vendor Preference.
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.
Protests must be filed in accordance with Article VII Division 1 Section 2-150 of the City of Cape Coral Ordinance.
1. Right to Protest. Any person or firm who is affected adversely by the CITY's decision or intended decision may protest to the City Council.
2. Time Limits and Form of Protest. A protest with respect to an Invitation for Bid or Request for Proposal shall be submitted in writing to the Procurement Manager prior to the opening of bids or the closing date of proposals.
A written notice of intent to protest an intended bid award shall be filed with the City Procurement Manager within five (5) business days (excluding Saturdays, Sundays, and Legal Holidays) after the date of mailing of the notice of intent to award the contract.
A written notice of intent to protest the ranking of proposals submitted in response to a request for proposals shall be filed with the Procurement Manager within five business days (excluding Saturdays, Sundays and legal holidays) after the date of mailing of the notice of ranking by the SAC or by the City Manager or designee. Only those persons or firms who have been submitted a bid/proposal or who have been interviewed and ranked shall be permitted to file a protest.
A formal written protest shall be filed within ten (10) calendar days after the filing of the initial written notice of intent to protest and shall be delivered in a manner that requires a signature by a representative of the City. The formal written protest shall state with particularity the facts and law upon which the protest is based. Failure to file a notice of protest or failure to file a formal written protest within the time limits prescribed herein shall constitute a waiver of the right to protest. Upon the filing of a formal written protest the contractor or vendor shall post a bond, payable to the City of Cape Coral, in an amount equal to five percent of the total bid or estimated contract amount, or five thousand dollars ($5,000.00), whichever is less. The bond shall be conditioned upon the payment of all costs which may be adjudged against the protesting contractor or vendor in the event the protest is resolved adversely to the protester. An Irrevocable Letter of Credit or other form of approved security, payable to the CITY, will be accepted. Failure to submit a bond simultaneously with the formal written protest shall invalidate the protest and the CITY may proceed to award the contract as if the protest had never been filed.
3. Hearing. If the subject of a protest is not resolved by mutual agreement within seven (7) calendar days after receipt of a formal written protest, the matter may, at the option of the City Council, be referred to a hearing officer or administrative law judge who shall conduct a hearing within 15 calendar days of receipt of the formal written protest. The hearing officer or administrative law judge shall render a recommended order within 30 calendar days after the hearing. The recommended order shall be scheduled on the next Council agenda for final action. If Council so elects; the protest may be heard directly by the City Council.
4. Stay of Action. Upon receipt of a formal written protest which has been timely filed, the CITY shall stop the bid solicitation, RFP process or the contract award process until the subject of the protest is resolved either informally or by formal City Council action, unless the City manager sets forth in writing particular facts and circumstances which require the continuance of the bid solicitation or RFP process or the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare.
5. Decision: Entitlement to Costs. If a protest is sustained and it is determined that the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, then the protesting bidder or offeror shall be entitled to recover from the CITY the reasonable costs incurred in connection with preparing its bid, but shall not be entitled to recover lost profits or attorney’s fees. The decision shall be final and conclusive as to the CITY unless an appeal is filed or an action is filed in court within ten days of the date of the decision of Council.
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together will constitute one and the same instrument.
In accordance with Article VII Division 1 Sections 2-144(a(10) of the City of Cape Coral Ordinance prior to award, a vendor who desires to be considered for local preference in a bid must submit sufficient information with its bid 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.
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.
Please download the below documents, complete, and upload.
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.
Please download the below documents, complete, and upload.
The corporate resolution form is utilized to provide names of individuals that are legally authorized to execute agreements on behalf of the corporation, company, partnership, joint venture or entity. This may include signing of bid documents, contracts, forms, and agreements. The corporate resolution form includes the name of individuals, with their signatures and their official title with the entity submitting a bid or proposal.
Respondents must provide either the corporate resolution form or the company’s official letterhead, indicating the authority of the individuals who may sign and legally bind the company in proposals, bids, contracts, and agreements. The authorized individuals name(s) should be shown on the corporate resolution or letterhead with their typewritten name, their official title and actual signatures shown beside their name. The document should be signed and dated by an authorized agent of the company. The document should include the company’s official address and phone number. If the primary qualifying agent is not the owner, an officer, a member, a joint venture managing partner, etc., describe the relationship to the company and provide proof of such relationship and/or license use agreement.
Please download the below documents, complete, and upload.
Florida Statutes Section 112.0455 is the “Drug-Free Workplace Act”. The purpose of the Act is:
Please download the below documents, complete, and upload.
Florida Statutes Section 112.0455 is the “Drug-Free Workplace Act”. The purpose of the Act is:
Please download the below documents, complete, and upload.
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.
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.
Please download the below documents, complete, and upload.
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.
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.
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.
Please download the below documents, complete, and upload.
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.
Please download the below documents, complete, and upload.
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.
Using the Evaluation Criteria, upload your firms proposal to be reviewed and evaluated.
Upload should contain proposal and pricing, costs or fees.
Proposal only. Upload should not contain pricing, costs or fees. Price Proposal will be uploaded as separate document.
Price Proposal (costs/fees) only. Understanding, Qualifications and Approach will be uploaded as separate document.
Upload should include pricing, fees and any additional requirements as it relates to the quote and based off the requirements stated in this request for quotation.
Upload any additional documents you feel are relevant to this solicitation
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
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.
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.
Procurement has a standard Reference Survey Form included with the templates. Selection should be based off the following.
Yes - If the supplier needs to complete the standard form and return. Form will automatically populate.
No - if utilizing a separate Reference Form or no Reference Form is needed.
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.
Construction - document to use for construction projects. Similar to the Div. 01 version. includes bonding, Contractor Info., Resumes, Affiliates, Organization, Licensing, Financials, Certifications, Experience and Performance.
Design & Consulting - document to use for design & consulting projects. Does not include bonding or financial information.
Standard - standard document to use for Non-Construction or Design & Consulting. Obtains vendors information, bonding, financial references (no financial or legal statements) and experience.
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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