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Front End Documents

Overview of Front End Documents and Contract Requirements

Water Invesment Division (WID) requires the use of the EJCDC (Version 2013 or 2018) front end documents on all projects it funds and manages. Other front end document sets may be utilized with WID permission only. The front end documents are written to primarily protect the Owner and the Contractor; during the bid, construction, and warranty phases.  This is accomplished by laying out the circumstances of the Agreement in detail. It is critical that each party review and understand the contents of the Agreement prior to entering into the contract so that misunderstandings and disagreements are resolved prior to the start of construction.

Front End Document Sets

  1. Must be obtained from EJCDC (Version 2013 or 2018).  Note: Affective immediately the EJCDC 2018 Version may be used in place of the 2013 Version.  Documents must be modified to make funding requirements clear.  Ask your assigned construction engineer for a list of changes.
  2. Projects under $250,000 may use the old FED CS5 Set.  (Link)

Use of Front End Document Sets

These documents are intended primarily for the use of Project Owners and their Engineers.

  1. Do not alter or amend the form's format or content. Ensuring the documents have not been altered or amended helps expedite the review process.  The recipient is expected to complete the required fields with the necessary information. However, the user of the documents is not to change the format of the documents (i.e. type size, font, headers, footers, margins, etc). Unapproved alterations to the documents may result in their rejection and require resubmittal of plans and specifications.
  2. Omissions or Errors. If there are any errors or omissions found in these files, please notify the assigned WID Construction Engineer to make the changes.
  3. WID Review.  No project or contract is authorized to go to bid until WID has reviewed and approved the documents (that includes the Front End Documents, specifications, and plans). A project that goes to bid without prior approval puts the Owner at risk of losing some or all of the SRF funding. There are stringent Federal requirements that are attached to the funding. These documents were developed to meet those requirements and proceeding in the bid process without approved plans and specifications indicates a lack of conformance to the program.
  4. WID Updates. The document sets are updated regularly. The Consultant is responsible for incorporating the most up to date accepted set into the contract at the time of bid.

Special Provisions for Front End Document Sets

The following provisions are required:

  1. False Claims Act: Any liability to the State under the Vermont False Claims Act (32 V.S.A. § 630 et seq.) shall not be limited notwithstanding any agreement of the State to otherwise limit Party’s liability.
  2. Whistleblower Protections: The Party shall not discriminate or retaliate against one of its employees or agents for disclosing information concerning a violation of law, fraud, waste, abuse of authority, or acts threatening health or safety, including but not limited to allegations concerning the False Claims Act. Further, the Party shall not require such employees or agents to forego monetary awards as a result of such disclosures, nor should they be required to report misconduct to the Party or its agents prior to reporting to any governmental entity and/or the public.
  3. Use and Protection of State Information:
    1. As between the State and Party, “State Data” includes all data received, obtained, or generated by the Party in connection with performance under this Agreement. Party acknowledges that certain State Data to which the Party may have access may contain information that is deemed confidential by the State, or which is otherwise confidential by law, rule, or practice, or otherwise exempt from disclosure under the State of Vermont Access to Public Records Act, 1 V.S.A. § 315 et seq. (“Confidential State Data”).
    2. With respect to State Data, Party shall:
      1. take reasonable precautions for its protection;
      2. not rent, sell, publish, share, or otherwise appropriate it; and
      3. upon termination of this Agreement for any reason, Party shall dispose of or retain State Data if and to the extent required by this Agreement, law, or regulation, or otherwise requested in writing by the State.
    3. With respect to Confidential State Data, Party shall:
      1. strictly maintain its confidentiality;
      2. not collect, access, use, or disclose it except as necessary to provide services to the State under this Agreement;
      3. provide at a minimum the same care to avoid disclosure or unauthorized use as it provides to protect its own similar confidential and proprietary information;
      4. implement and maintain administrative, technical, and physical safeguards and controls to protect against any anticipated threats or hazards or unauthorized access or use;
      5. promptly notify the State of any request or demand by any court, governmental agency or other person asserting a demand or request for Confidential State Data so that the State may seek an appropriate protective order; and
      6. upon termination of this Agreement for any reason, and except as necessary to comply with subsection B.iii above in this section, return or destroy all Confidential State Data remaining in its possession or control.
    4. If Party is provided or accesses, creates, collects, processes, receives, stores, or transmits Confidential State Data in any electronic form or media, Party shall utilize:
      1. industry-standard firewall protection;
      2. multi-factor authentication controls;
      3. encryption of electronic Confidential State Data while in transit and at rest;
      4. measures to ensure that the State Data shall not be altered without the prior written consent of the State;
      5. measures to protect against destruction, loss, or damage of State Data due to potential environmental hazards, such as fire and water damage; training to implement the information security measures; and
      6. monitoring of the security of any portions of the Party’s systems that are used in the provision of the services against intrusion.
    5. No Confidential State Data received, obtained, or generated by the Party in connection with performance under this Agreement shall be processed, transmitted, stored, or transferred by any means outside the United States, except with the express written permission of the State.
    6. Party shall notify the State within twenty-four hours after becoming aware of any unauthorized destruction, loss, alteration, disclosure of, or access to, any State Data.
    7. State of Vermont Cybersecurity Standard Update: Party confirms that all products and services provided to or for the use of the State under this Agreement shall be in compliance with State of Vermont Cybersecurity Standard Update in effect at the time of incorporation of this Attachment C into this Agreement. The State of Vermont Cybersecurity Standard Update prohibits the use of certain branded products in State information systems or any vendor system, and a copy is available at: https://digitalservices.vermont.gov/cybersecurity/cybersecurity-standar…
    8. In addition to the requirements of this Section 12, Party shall comply with any additional requirements regarding the protection of data that may be included in this Agreement or required by law or regulation.
       
  4. Fair Employment Practices and Americans with Disabilities Act: Party agrees to comply with the requirement of 21 V.S.A. Chapter 5, Subchapter 6, relating to fair employment practices, to the full extent applicable, and shall include this provision in all subcontracts for work performed in Vermont. Party shall also ensure, to the full extent required by the Americans with Disabilities Act of 1990, as amended, that qualified individuals with disabilities receive equitable access to the services, programs, and activities provided by the Party under this Agreement.
  5. Taxes Due to the State: Party certifies under the pains and penalties of perjury that, as of the date this Agreement is signed, the Party is in good standing with respect to, or in full compliance with, a plan to pay any and all taxes due the State of Vermont.
  6. Child Support: (Only applicable if the Party is a natural person, not a corporation or partnership.) Party states that, as of the date this Agreement is signed, Party is not under an obligation to pay child support or is in good standing with respect to or in full compliance with a plan to pay any and all child support payable under a support order. Party makes this statement with regard to support owed to any and all children residing in Vermont. In addition, if the Party is a resident of Vermont, Party makes this statement with regard to support owed to any and all children residing in any other state or territory of the United States.
  7. No Gifts or Gratuities: Party shall not give title or possession of anything of substantial value (including property, currency, travel, and/or education programs) to any officer or employee of the State during the term of this Agreement.
  8. Certification Regarding Debarment: Party certifies under pains and penalties of perjury that, as of the date that this Agreement is signed, neither Party nor Party’s principals (officers, directors, owners, or partners) are presently debarred, suspended, proposed for debarment, declared ineligible, or excluded from participation in Federal programs, or programs supported in whole or in part by Federal funds. Party further certifies under pains and penalties of perjury that, as of the date that this Agreement is signed, Party is not presently debarred, suspended, nor named on the State’s debarment list at: https://bgs.vermont.gov/purchasing-contracting/debarment.
  9. State Facilities: If the State makes space available to the Party in any State facility during the term of this Agreement for purposes of the Party’s performance under this Agreement, the Party shall only use the space in accordance with all policies and procedures governing access to, and use of, State facilities, which shall be made available upon request. State facilities will be made available to Party on an “AS IS, WHERE IS” basis, with no warranties whatsoever.
  10. Requirements Pertaining Only to State-Funded Grants:
    1. Certification Regarding Use of State Funds: If Party is an employer and this Agreement is a State-funded grant in excess of $1,000, Party certifies that none of these State funds will be used to interfere with or restrain the exercise of Party’s employee’s rights with respect to unionization.