Form 700-011-14 Design-Build Stipend Agreement - Florida

Form 700-011-14 or the "Design-build Stipend Agreement" is a form issued by the Florida Department of Transportation.

The form was last revised in April 1, 2018 and is available for digital filing. Download an up-to-date Form 700-011-14 in PDF-format down below or look it up on the Florida Department of Transportation Forms website.

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Rule 14-91.007, F.A.C.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
700-011-14
CONSTRUCTION
DESIGN-BUILD STIPEND AGREEMENT
OGC – 04/18
Page 1 of 6
Contract No.
Financial Project ID
Vendor No.
D.M.S. Catalog Class No.
THIS DESIGN-BUILD STIPEND AGREEMENT (“Agreement”), entered into this
day of
,
between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida
(“Department”) and
(F.E.I.D. No.
) of
,
authorized to conduct business in the State of Florida (“Contractor”), agree as follows:
1.
AGREEMENT
A.
The Contractor intends to prepare a responsive Technical Proposal in accordance with the Request for
Proposal (“RFP”) dated
, for the Project located at
, with
Contract Number
.
B.
The Department and the Contractor agree that the Department will only pay a stipend for the work done
by the Contractor in preparing its Technical Proposal, if the Contractor meets the eligibility requirements
contained in the Advertisement and the RFP.
C.
The Contractor agrees that if it meets the requirements and becomes eligible to receive a stipend, the
work performed will be considered work for hire and shall, upon payment of the stipend, become the
property of the Department without restriction or limitation on its use. If the Contractor is eligible to receive
a stipend, it shall not copyright any of the material developed under this Agreement.
2.
SERVICES AND PERFORMANCE
In accordance with the Department’s RFP, the Department retains the Contractor to prepare a responsive
A.
Technical Proposal.
Reference in this Agreement to the Technical Proposal is the portion of the Contractor’s proposal
B.
pursuant to the RFP that contains the technical requirements.
C.
Reference in this Agreement to the Design-Build Contract is the contract that is awarded and executed as
a result of the RFP.
3.
TERM
Unless otherwise provided in this Agreement, the provisions of this Agreement shall remain in full force and effect
until execution by the Department of a Design-Build Contract pursuant to the RFP or a one (1) year term from the
date of the execution of this Agreement, whichever occurs last. Services are authorized to commence effective
upon the execution date of this Agreement. Technical Proposals are due by the dates set forth in the RFP.
4.
COMPENSATION AND PAYMENT
A.
If the Contractor is not awarded the Design-Build Contract by the Department and the Contractor meets
the eligibility requirements contained in the Advertisement and the RFP, the Department agrees to pay
the Contractor a lump sum amount of $
for a responsive Technical Proposal.
B.
If the Department awards the Design-Build Contract to the Contractor, the Contractor will not be
compensated for preparation of its Technical Proposals through this Agreement. In the event a Design-
Build Contract is not awarded, only short-listed Design-Build Firms that have submitted responsive
Technical Proposals and also meet the eligibility requirements as described in the Advertisement and the
RFP shall receive a stipend.
C.
Payment shall be made only after receipt and approval of goods and services and receipt of an invoice.
Additionally, payment will be made only if and when the Department determines that it has received a
responsive Technical Proposal, in accordance with the RFP. The Department shall advise the Contractor
if the Technical Proposal is responsive. The Contractor shall not invoice the Department for preparation of
Rule 14-91.007, F.A.C.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
700-011-14
CONSTRUCTION
DESIGN-BUILD STIPEND AGREEMENT
OGC – 04/18
Page 1 of 6
Contract No.
Financial Project ID
Vendor No.
D.M.S. Catalog Class No.
THIS DESIGN-BUILD STIPEND AGREEMENT (“Agreement”), entered into this
day of
,
between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida
(“Department”) and
(F.E.I.D. No.
) of
,
authorized to conduct business in the State of Florida (“Contractor”), agree as follows:
1.
AGREEMENT
A.
The Contractor intends to prepare a responsive Technical Proposal in accordance with the Request for
Proposal (“RFP”) dated
, for the Project located at
, with
Contract Number
.
B.
The Department and the Contractor agree that the Department will only pay a stipend for the work done
by the Contractor in preparing its Technical Proposal, if the Contractor meets the eligibility requirements
contained in the Advertisement and the RFP.
C.
The Contractor agrees that if it meets the requirements and becomes eligible to receive a stipend, the
work performed will be considered work for hire and shall, upon payment of the stipend, become the
property of the Department without restriction or limitation on its use. If the Contractor is eligible to receive
a stipend, it shall not copyright any of the material developed under this Agreement.
2.
SERVICES AND PERFORMANCE
In accordance with the Department’s RFP, the Department retains the Contractor to prepare a responsive
A.
Technical Proposal.
Reference in this Agreement to the Technical Proposal is the portion of the Contractor’s proposal
B.
pursuant to the RFP that contains the technical requirements.
C.
Reference in this Agreement to the Design-Build Contract is the contract that is awarded and executed as
a result of the RFP.
3.
TERM
Unless otherwise provided in this Agreement, the provisions of this Agreement shall remain in full force and effect
until execution by the Department of a Design-Build Contract pursuant to the RFP or a one (1) year term from the
date of the execution of this Agreement, whichever occurs last. Services are authorized to commence effective
upon the execution date of this Agreement. Technical Proposals are due by the dates set forth in the RFP.
4.
COMPENSATION AND PAYMENT
A.
If the Contractor is not awarded the Design-Build Contract by the Department and the Contractor meets
the eligibility requirements contained in the Advertisement and the RFP, the Department agrees to pay
the Contractor a lump sum amount of $
for a responsive Technical Proposal.
B.
If the Department awards the Design-Build Contract to the Contractor, the Contractor will not be
compensated for preparation of its Technical Proposals through this Agreement. In the event a Design-
Build Contract is not awarded, only short-listed Design-Build Firms that have submitted responsive
Technical Proposals and also meet the eligibility requirements as described in the Advertisement and the
RFP shall receive a stipend.
C.
Payment shall be made only after receipt and approval of goods and services and receipt of an invoice.
Additionally, payment will be made only if and when the Department determines that it has received a
responsive Technical Proposal, in accordance with the RFP. The Department shall advise the Contractor
if the Technical Proposal is responsive. The Contractor shall not invoice the Department for preparation of
Rule 14-91.007, F.A.C.
700-011-14
CONSTRUCTION
OGC – 04/18
Page 2 of 6
a Technical Proposal until it has been determined by the Department to be responsive and the Contractor
has been deemed to be eligible to receive the stipend. The Department shall provide written notification to
the Contractor once the Design-Build Contract has been executed. Upon notification from the Department,
shortlisted Design-Build Firms that submitted responsive Technical Proposals and also meet the
advertisement eligibility requirements shall submit an invoice for the lump sum stipend amount, within two
weeks of receipt of the notification.
D.
To the extent that payment is made by the Department to the Contractor pursuant to Section 4 and the
Design-Build Contract is subsequently executed and delivered by the Contractor and the Department,
then the Contractor shall repay the full amount of such payment to the Department concurrently with such
execution and delivery.
E.
This Agreement involves the submission of Technical Proposals by the Contractor, which must be
received by the due dates set forth in the RFP, and determined responsive by the Department as a
condition of payment.
F.
Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper pre audit and post audit thereof.
G.
Travel expenses are not authorized for payment in this Agreement. In the event travel expenses should
be subsequently allowed by this Agreement, bills for travel expenses when specifically authorized by the
Department should be submitted and paid in accordance with Section 112.061, Florida Statutes. In
addition, if compensation for travel is authorized under this Agreement and by the Department’s Project
Manager, then the Department shall not compensate the Contractor for lodging/hotel expenses in excess
of $150.00 per day (excluding taxes and fees). The Contractor may expend their own funds to the extent
the lodging/hotel expense exceeds $150.00 per day. The Department, in its sole discretion and pursuant
to its internal policies and procedures, may approve compensation to the Contractor for lodging/hotel
expenses in excess of $150.00 per day.
H.
Contractors providing goods and services to the Department should be aware of the following time
frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and
services, unless the Agreement specifies otherwise. The Department has 20 days to deliver a request for
payment (voucher) to the Department of Financial Services. The 20 days are measured from the date the
invoice is received or the goods or services are received, inspected and approved.
I.
If payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to
Section 215.422 (3)(b), Florida Statutes, would be due and payable to the Contractor, in addition to the
invoice amount. Interest penalties of less than one (1) dollar will not be enforced unless the Contractor
requests payment. Invoices which have to be returned to a Contractor because of Contractor preparation
errors, will result in a delay in the payment. The invoice payment requirements do not start until a properly
completed invoice is provided to the Department.
J.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of
this individual include acting as an advocate for contractors/vendors who may be experiencing problems
in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850)
413-5516 or by calling the Division of Consumer Services at 1-877-693-5236.
K.
Records of costs incurred under terms of this Agreement shall be maintained and made available upon
request of the Department at all times during the period of this Agreement and for five years after final
payment is made for the work pursuant to this Agreement. Copies of these documents and records shall
be furnished to the Department upon request. Records of costs incurred includes the Contractor’s
general accounting records and the project records, together with supporting documents and records, of
the Contractor and all subcontractors performing work on the project, and all other records of the
Contractor and subcontractors considered necessary by the Department for a proper audit of costs.
L.
The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. A statement from the
Comptroller of the Department shall be required stating that funds are available prior to entering into any
Rule 14-91.007, F.A.C.
700-011-14
CONSTRUCTION
OGC – 04/18
Page 3 of 6
such contract or other binding commitment of funds. Nothing herein contained shall prevent the making
of contracts for periods exceeding one year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the
State of Florida’s performance and obligation to pay under this Contract is contingent upon an annual
appropriation by the Legislature.
5.
INDEMNITY
A.
Contractor agrees that it will indemnify, defend, and hold the Department, its officers, agents, and
employees harmless from any claims, losses, causes of action, damages, costs, charges, or expenses,
including attorney's fees incurred by the Department, from any acts, actions, neglect, or omissions arising
from the performance of this Agreement by Contractor, its agents, employees, and subcontractors.
B.
The Department's failure to notify the Contractor of a claim shall not release the Contractor's obligation to
indemnify, defend, and pay for the defense, or at the Department's option, to participate and associate
with the Department in defense of any claim.
C.
The parties agree that 1% of the total compensation to the Contractor for performance of this Agreement
is the specific consideration from the Department to the Contractor for the Design Build Firm’s indemnity
agreement.
6.
COMPLIANCE WITH LAWS
A.
In the event the Department makes a payment to the Contractor pursuant to Section 4, the Contractor
shall comply with Chapter 119, Florida Statutes. Specifically, the Contractor shall:
(1) Keep and maintain public records required by the Department to perform the service.
(2) Upon request from the Department's custodian of public records, provide the Department 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 Chapter 119, Florida Statutes, or as otherwise
provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the Agreement term
and following completion of the Agreement if the Contractor does not transfer the records to the
Department.
(4) Upon completion of the Agreement, transfer, at no cost, to the Department, all public records in
possession of the Contractor or keep and maintain public records required by the Department to
perform the service. If the Contractor transfers all public records to the Department upon completion
of the Agreement, 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 Agreement, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the
Department, upon request from the Department's custodian of public records, in a format that is
compatible with the information technology systems of the Department.
Failure by the Contractor to comply with Chapter 119, Florida Statutes, shall be grounds for immediate
unilateral cancellation of this Agreement by the Department.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Rule 14-91.007, F.A.C.
700-011-14
CONSTRUCTION
OGC – 04/18
Page 4 of 6
B.
The Contractor shall comply with all federal, state and local laws and ordinances applicable to the work or
payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, national
origin, age, or disability in the performance of work under this Agreement.
C.
Chapter 337.162, Florida Statutes, applies as follows:
(1)
If the Department has knowledge or reason to believe that any person has violated the provisions
of state professional licensing laws or rules, it will submit a complaint about the violations to the
Department of Business and Professional Regulations. The complaint shall be confidential.
(2)
Any person who is employed by the Department and who is licensed by the Department of
Business and Professional Regulation and who, through the course of his employment, has
knowledge or reason to believe that any person has violated the provisions of state professional
licensing laws or rules will submit a complaint about the violations to the Department of Business
and Professional Regulation. Failure to submit a complaint about the violations may be grounds
for disciplinary action pursuant to Chapter 455 and the state licensing law applicable to that
licensee. The complaint will be confidential.
(3)
Any confidential information submitted to the Department of Business and Professional
Regulation will remain confidential pursuant to Chapter 455 and applicable state law.
D.
Contractor covenants and agrees that it and its employees will be bound by the standards of conduct
provided in applicable Florida Statutes and applicable rules of the Department of Business and
Professional Regulation or applicable licensing board as they relate to work performed under this
Agreement.
E.
The Department will consider employment of unauthorized aliens by any contractor to be a violation of
Section 274(e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized
aliens, such violation will be cause for unilateral cancellation of this Agreement.
F.
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 a 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, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed
on the convicted vendor list.
G.
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public entity, may not submit a bid on a contact 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 award or perform work as a contractor, supplier, subcontractor, or
consultant under contract with any public entity, and may not transact business with any public entity.
Rule 14-91.007, F.A.C.
700-011-14
CONSTRUCTION
OGC – 04/18
Page 5 of 6
H.
The following provision is hereby incorporated in and made a part of this Agreement:
It is expressly understood and agreed that any articles which are subject of, or required to carry out this
Agreement will be purchased from the Corporation identified under Chapter 946, Florida Statutes, in the
same manner and under the procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for
purposes of this Agreement the person, firm, or other business entity carrying out the provisions of this
Agreement will be substituted for the Department insofar as dealings with such Corporation.
The Corporation referred to in the above paragraph is Prison Rehabilitative Industries and Diversified
Enterprises, Inc. (PRIDE). Available pricing, products, and delivery schedules may be obtained by
contacting:
PRIDE Enterprises
223 Morrison Road
Brandon, FL 33511
Phone: 813.324.8700
I.
The contractor/consultant/vendor agrees to comply with section 20.055(5), Florida Statutes, and to
incorporate in all subcontracts the obligation to comply with section 20.055(5), Florida Statutes.
7.
EARLY TERMINATION
A.
This Agreement may be terminated by the Department in whole or in part at any time the interest of the
Department necessitates such termination.
B.
If the Department withdraws the RFP, this Agreement shall be considered terminated effective the date of
the withdrawal.
C.
If this Agreement is terminated prior to the evaluation of the Letters of Interest, no payment will be made
to the Contractor.
D.
If this Agreement is terminated after the Letters of Interest have been scored, as set forth in the
Advertisement and prior to execution of a Design-Build Contract, the Contactor shall be entitled to the
compensation set forth in Section 4.A., provided the Contractor submitted to the Department a responsive
Technical Proposal and meets the eligibility requirements contained in the RFP.
E.
For Contracts $1,000,000 and greater, if the Department determines the Contractor submitted a false
certification under Section 287.135(5) of the Florida Statutes, or if the Contractor has been placed on the
Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, the Department
shall either terminate the Contract after it has given the Contractor notice and an opportunity to
demonstrate the Department’s determination of false certification was in error pursuant to Section
287.135(5)(a) of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135(4) of
the Florida Statutes are met.
8.
ASSIGNMENT
The Contractor shall not assign or transfer any rights under this Agreement without the written consent of the
Department.
9.
MISCELLANEOUS
A.
The Contractor and the Department agree that the Contractor, its employees, and subcontractors are not
agents of the Department as a result of this Agreement for purposes other than those set out in Section
337.274, Florida Statutes.
B.
All words used herein in the singular form shall extend to and include the plural. All words used in the
plural form shall extend and include the singular. All words used in any gender shall extend to and include
all genders.

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