Fort Walton Beach Resolution — 2010-21 - Wright Parkway Sidewalk, LAP — reading text

subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub recipient 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 contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 11. 00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable Agency is in compliance with, and will to this pr oject. Execution of t his Agreement constitutes a certification that t he require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the " Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," in 49 C. F. R. Part 29, when applicable. 12. 00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12. 01 Equal Employment Opportunity: In connection with t he carrying out of an y project, t he Agency shall n ot discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. T he Agency will take a ffirmative action to ensure t hat applicants ar e employed an d that employees are treated during employment without regard to their race, ag e, religion, color, gen der, na tional origin, disability or marital status. 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 payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010- 40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 02/ 09 Page 10 involves installation, construction, demolition, removal, site improvement or similar work, t he Agency s hall pas t, i n conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12. 02 Title VI- Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U. S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency s hall include provisions in all contracts with third par ties t hat ens ure compliance with Title VI of the Civil Rights Act of 1964, 49 C. F. R. Part 21, and related statutes and regulations. 12. 03 Americans with Disabilities Act of 1990 ( ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12. 04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287. 017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12. 05 Discrimination: In accordance with Section 287. 134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide go ods or services to a public entity; may no t submit a b id 0 n a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant un der a contract with any public entity; and may not transact business with any public entity. 12. 06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non- Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non- responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12. 07 Prohibited Interests: Neither t he Agency no ran y of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or em ployee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: No m ember, of ficer or em ployee of t he Agency 0 r of t he locality during his t enure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12. 08 Interest of Members of, or Delegates to, Congress: No m ember or del egate to t he Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13. 00 Miscellaneous Provisions:  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010- 40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 02/ 09 Page 11 13. 01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, f or an yliability ar ising f rom non - compliance with these regulations, and will reimburse the Department for an y loss incurred in connection therewith. T he A gency will be responsible for securing any applicable permits. 13. 02 Department Not Obligated to Third Parties: The Department s hall no t be 0 bligated or liable hereunder to any individual or entity not a party to this Agreement. 13. 03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13. 04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13. 05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13. 06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or per form an y ac tor do any other thing in contravention of an y applicable s tate law. I f an y of t he provisions of t he Agreement violate any a pplicable s tate law, t he A gency will at once not ify the Department i n writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13. 08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the pr oject. T he Department w ill review all pi ans and specifications and will issue tot he A gency a written approval with any a pproved portions of t he project and comments or recommendations c overing an y remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonp ayment by the Department. The Agency willphysically include Form FHW A- 1273 in all its contracts and subcontracts. 13. 09 Right- of-Way Certification: Upon completion of right- of-way ac tivities 0 n the pr oject, t he Agency must certify compliance with a II applicable federal an d state requirements. Certification is required pr ior toad vertisement for or solicitation of bids for construction of the project, including those