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2024-271
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2024-271
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Last modified
11/6/2024 3:07:27 PM
Creation date
11/6/2024 3:06:46 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/22/2024
Control Number
2024-271
Agenda Item Number
8.F.
Entity Name
State of Florida Department of Transportation (FDOT)
Subject
Utility Work by Highway Contractor Agreement for Utilities Relocation on CR510
and 85th Street from 87th Street to West of 82nd Avenue; Financial Proj. ID: 405606-8-56-01
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 <br />UTILITIES <br />REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS OGC-0824 <br />(Appendix A of Assurances) <br />The UAO will retain documentation verifying compliance with the Build America, Buy America provision of <br />this Agreement for a period of 3 years after final payment of the finished work. Upon request, the UAO will provide <br />the documentation verifying compliance with the Build America, Buy America provision of this Agreement. The UAO <br />will provide a certification with the invoice that states the following: "The UAO certifies that all products that are <br />predominately steel and/or iron are domestic products in compliance with the Buy America provisions of 23 CFR <br />635.410. The UAO certifies that all products that are predominately construction materials are domestic products in <br />compliance with the Buy America provisions of 2 CFR 184. The UAO certifies that all manufactured products are <br />domestic products in compliance with the Buy America provisions of 2 CFR 184 and applicable waivers." <br />(6) Information and Reports: The UAO will provide all information and reports required by the Regulations, <br />or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources <br />of information, and its facilities as may be determined by the DEPARTMENT or the Federal Highway Administration to <br />be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of <br />the UAO is in the exclusive possession of another who fails or refuses to furnish this information, the UAO shall so <br />certify to the DEPARTMENT or the Federal Highway Administration as appropriate, and shall set forth what efforts it <br />has made to obtain the information. <br />(7) Sanctions for Noncompliance: In the event of the UAO's noncompliance with the nondiscrimination <br />provisions of paragraphs (1) through (4), the DEPARTMENT shall impose such contract sanctions as it or the Federal <br />Highway Administration may determine to be appropriate, including, but not limited to: <br />(a) withholding of payments to the contractor under the Agreement until the UAO complies; and/or <br />(b) cancellation, termination or suspension of the Agreement, in whole or in part. <br />(8) Incorporation of Provisions: The UAO will include the provisions of paragraph (1) through (6) in every <br />subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order or <br />instructions issued pursuant thereto. The UAO will take such action with respect to any subcontract, procurement or <br />lease as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions <br />including sanctions for noncompliance; provided, however, that in the event the UAO becomes involved in, or is <br />threatened with, litigation with a subcontractor, supplier or lessor as a result of such direction, the UAO may request the <br />State to enter into such litigation to protect the interests of the State, and, in addition, the UAO may request the United <br />States to enter into such litigation to protect the interests of the United States. <br />
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