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Res No 052-24-16157RESOLUTION NO. 0S2-24-16157 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSAL AND PROJECT AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. • FOR A SAFETY ACTION PLAN FOR CITY ROADWAYS IN AN AMOUNT NOT TO EXCEED $298,000; ACCEPTING THE A WARD AND APPROVING A SAFE STREETS AND ROAD FOR ALL (SS4A) GRANT AGREEMENT, AND GENERAL TERMS AND CONDITIONS, WITH THE U.S. DEPARTMENT OF TRANSPORTATION FOR THE PREPARATION OF AN SS4A ACTION PLAN IN THE AMOUNT OF $238,400; AUTHORIZING THE EXPENDITURE OF 20% MATCHING FUNDS BY THE CITY IN THE AMOUNT OF $59,600; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. WHEREAS, on May 3, 2022, the City Commission of the City of South Miami (the "City") adopted Resolution No. 056-22-15809, authorizing the City Manager to enter into a continuing professional services agreement (the "Agreemenf') with Stantec Consulting Services, Inc. ("Consultant") to provide general engineering services on as-needed basis (the "Services"); and WHEREAS, the City is in need of the Se1vices for the preparation of a Safety Action Plan for the City, that includes the necessary tasks to compile, analyze, prioritize, and implement proven safety countermeasures in a systemic manner with the goal of improving safety along City roadways (the "Project,,); and WHEREAS, the Consultant has provided a Proposal for the Project attached hereto as Exhibit "A"; and WHEREAS, in order to implement the Project, the City Commission desires to approve the Proposal attached hereto as Exhibit "A" and authorize the City Manager to enter into the Project Agreement with the Consultant, in substantially the fom1 attached hereto as Exhibit "B, '' to provide the Services for the Project in an amount not to exceed $298,000, and subject to grant funding as provided herein; and WHEREAS, the City was selected for award of a grant for the Safe Streets and Road for All (SS4A) Grant Program through the U.S. Department of Transportation (USDOT) Federal Highway Administration (FHWA) in the amount of$238,400, which the City must match 20% or $59,600, pursuant to the Grant Agreement, a copy of which together with Terms and Conditions, is attached hereto as Exhibit "C" (collectively, "Grant Agreement"); and Res. No. 052-24-16157 WHEREAS, the City Commission desires to accept the Grant Agreement, and Tenns and Conditions, in substantially the fomt attached hereto as Exhibit "C", and authorize the City Manager to enter into the Grant Agreement; and WHEREAS, the City's matching funds for the Project in the amount of $59,600 will be funded by the People's Transportation Tax Fund from Account Number 124-1730-541-6490, which has a current balance of $660,002.79, or such other funding source as detennined by the City Manager to be in the best interest of the City; and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above-stated recitals are true and correct and are incoiporated herein by this reference. Section 2. Approval of Pa·oposal and Proiect Agreement; Autho.-ization. The Proposal attached hereto as Exhibit A and the Project Agreement attached hereto as Exhibit uB" are hereby approved, subject to the Grant funding as provided in Section 3. The City Manager is hereby authorized to execute the Project Agreement with the Consultant, in substantially the fo1m attached hereto as Exhibit "B," for the provision of the Services for the Project in an amount not to exceed $298,0000 based on the te11ns of the Proposal attached hereto as Exhibit "A," subject to the final approval of the City Manager and City Attorney as to fonn, content, and legal sufficiency. Section 3. Funding; Gl"ant Accepted and Apm•oved. The City Com.mission hereby accepts and approves the Grant Agreement, in substantially the fo1m attached hereto as Exhibit "C", in the amount of $238,400 from the U.S. Department ofTranspo11ation and authorizes the expenditure of funds for the City's match of20% in the amount of$59,600. The City expenditure of$59,600 shall be charged to the People's Transportation Tax Fund Account Number 124-1730- 541-6490, which has a balance of $660,002.79 prior to this request or such other funding source as determined by the City Manager to be in the best interest of the City. Section 4. Implementation. The City Manager is authorized to take any and all actions necessary to implement the Project Agreement, the Grant Agreement and the purposes of this Resolution. Section S. Corrections. Confonning language or technical scrivener-type corrections may be made by the City Attorney for any confonning amendments to be incorporated into the final resolution for signature. Section 6. adoption. Effective Date. This Resolution shall become effective immediately upon PASSED AND ADOPTED this 7th day of May. 2024. Pagel of3 Res. No. 052-24-I 6157 ATTEST: CITYC\# READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF W ii!IJM ~;,.N COLE & BIERMAN, P.L. CITY ATTORNEY APPROVED: Q ~ COMMISSION VOTE: Mayor Fernandez: Vice Mayor Bonich: Commissioner Calle: Commissioner Liebman: Conunissioner Corey: Pagc3of3 5-0 Yea Yea Yea Yea Yea Agenda Item No:3. City Commission Agenda Item Report Meeting Date: May 7, 2024 Submitted by: Aurelio Carmenates Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSAL AND PROJECT AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR A SAFETY ACTION PLAN FOR CITY ROADWAYS IN AN AMOUNT NOT TO EXCEED $298,000; ACCEPTING THE AWARD AND APPROVING A SAFE STREETS AND ROAD FOR ALL (SS4A) GRANT AGREEMENT, AND GENERAL TERMS AND CONDITIONS, WITH THE U.S. DEPARTMENT OF TRANSPORTATION FOR THE PREPARATION OF AN SS4A ACTION PLAN IN THE AMOUNT OF $238,400; AUTHORIZING THE EXPENDITURE OF 20% MATCHING FUNDS BY THE CITY IN THE AMOUNT OF $59,600; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PUBLIC WORKS ENGINEERING & CONSTRUCTION DEPT.) Suggested Action: Attachments: Memo-SS4A_Grant_-_CSM_4-22-24.docx Resolution re SS4A Grant.docx Exhibit A-Stantec Proposal_southmiami_Safety_Action_Plan.pdf Exhibit B-Project Agreement-Stantec Consulting-Safety Action Plan Development.DOCX SS4A FY23 Grant Agreement template (01-04-24).docx SS4A FY23 Terms and Conditions (01-04-24).pdf Application for Federal Assistance (SF-424) FINAL.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM: Genaro “Chip” Iglesias, City Manager DATE: Tuesday, May 7, 2027 SUBJECT: Grant awarded by the United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) for Safe Streets and Road for All (SS4A). RECOMMENDATION:Execution of awarded Agreement. BACKGROUND:On July 10, 2023, the City of South Miami (City) applied, to the Safe Streets and Road for All (SS4A) Grant Program through the United States Department of Transportation (USDOT) Federal Highway Administration (FHWA). On October 30, 2023, the Office of the Policy Development and Coordination of the Secretary of Transportation notified the City that the SS4A Action Plan in South Miami, for the Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2023 Safe Streets and Roads for All grant program, was selected for an award in the amount of $238,400 in Federal funding, which the city must match 20% or $59,600. A kickoff meeting was subsequently held on January 2024. This grant will assist the City in preparing a safety action plan comprised of the necessary tasks to compile, analyze, prioritize, and implement proven safety countermeasures in a systemic manner with the goal of improving safety along City roadways and making safety improvements in locations where crashes are recurrent. The City consulted with Stantec Consulting Services Inc. and received an estimate of $298,000 for services to create a complete SS4A Action Plan. The grant may not commence until the USDOT enters into a formal agreement with the City detailing the terms of the SS4A grant. FUNDING:Grant award in the amount of $238,400award from the United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) with a City match of 20% or $59,600. The City expenditure shall be charged $59,600 to People’s Transportation Tax Fund account number 124-1730-541-6490 which has a balance of $660,002.79 prior to this request or such other funding source as determined by the City Manager to be in the best interest of the City. ATTACHMENTS:Resolution USDOT-FHWA SS4A Grant Agreement USDOT-FHWA SS4A Grant Agreement Terms & Conditions Application for Federal Assistance SF-424 Stantec Consulting Services Inc. proposal dated June 30, 2023 2 THE CITY OF PLEASANT LIVING PROJECT AGREEMENT Between CITY OF SOUTH MIAMI, FLORIDA And STANTEC CONSUL TING SERVICES, INC. Project Name: Safety Action Plan Development I of 1 143 PROJECT AGREEMENT Between CITY OF SOUTH MIAMI, FLORIDA and STANTEC CONSULTING SERVICES, INC. Project Name: Safety Action Plan Development Subject to the provisions contained in the "Professional Services Agreement for Professional General Engineering and Architectural Services" (hereinafter referred to as the "Professional Services Agreement") between the CITY OF SOUTH MIAMI, FLORIDA (hereinafter referred to as 11 City11 } and ST ANTEC CONSUL TING SERVICES, INC. (hereinafter referred to as "Consultant") dated May 3, 2022, which Professional Services Agreement was competitively procured through Request For Qualifications (RFQ) No. PW2022-03 in accordance with Section 287.955, Florida Statutes. This Project Agreement is made effective as of the _____ day of _____ _. 2024, and authorizes the Consultant to provide the services as set forth below: SECTION 1. SCOPE OF SERVICES 1.1 Consultant shall provide professional general engineering services (the "Services") for the Project in accordance with the terms and conditions of the Agreement and shall complete the tasks that are identified and described in the Project Proposal attached hereto as Exhibit "1" (the "Proposal") for the City. 1.2 The City may request changes that would increase. decrease. or otherwise modify the scope of services outlined under the Proposal attached hereto as Exhibit "1 .11 Such changes must be contained in a written change order executed by the parties in accordance with the provisions of the Agreement. prior to any deviation from the terms of this Project Agreement. including the initiation of any extra work. SECTION 2. DELIVERABLES 2.1 As part of the scope of Services and Project schedule, the Consultant shall provide the City with the Deliverables identified in the Proposal attached hereto as Exhibit 11 1 . ., SECTION 3. TERM/TIME OF PERFORMANCE/DAMAGE 3.1 Term. This Project Agreement shall commence on the date this instrument is fully executed by all parties and shall continue in full force and effect until terminated pursuant to Section 6 herein or until the Services are completed in accordance with other applicable provisions of the Agreement. The City Manager, in his sole discretion, may extend the term of this Project Agreement through written notification to the Consultant. Such extension shall not exceed 90 days. No further extensions of this Agreement shall be effective unless authorized by the City Manager. 3.2 Commencement. Services provided by the Consultant under this Project Agreement and the time frames applicable to this Project shall commence upon the date provided in a written Notice to Proceed ("Commencement Date") provided to the Consultant by the City. The Consultant shall not incur any expenses or obligations for payment to third parties prior to the issuance of the Notice to Proceed. I of4 144 Consultant must receive written notice from the City Manager prior to the beginning the performance of services. 3.3 Contract Time. Upon receipt of the Notice to Proceed, the Consultant shall provide the Services for the Project to the City on the Commencement Date, and shall continuously perform the Services for the Project to the City, without interruption, in accordance with the time frames set forth in the Proposal attached and incorporated into this Project Agreement as Exhibit "1 ". The number of calendar days from the Commencement Date, through the date set forth in the Project Schedule for completion of the Project or the date of actual completion of the Project, whichever shall last occur, shall constitute the Contract Time. 3.4 All limitations of time set forth in this Project Agreement are of the essence. SECTION 4. AMOUNT, BASIS AND METHOD OF COMPENSATION 4.1 Compensation. Consultant shall be compensated for the provision of the Services for the Project in accordance with Exhibit "1" attached hereto. Consultant shall receive a total lump sum fee of $298,000 for the provision of the Services for the Project. 4.2 Reimbursable Expenses. All reimbursable expenses are included in the total compensation listed in Section 4.1 above. SECTION 5. BILLING AND PAYMENTS 5.1 Invoices 5.1.1. Compensation and Reimbursable Expenses. Consultant shall submit invoices which are identified by the specific project number on a monthly basis in a timely manner. These invoices shall identify the nature of the work performed, the phase of work1 and the estimated percent of work accomplished in accordance with the Payment Schedule attached hereto as Exhibit "1" and made part of this Project Agreement. Invoices for each phase shall not exceed amounts allocated to said phase plus reimbursable expenses accrued during each phase. The statement shall show a summary of fees with accrual of the total and credits for portions paid previously. 5.1.2. Florida Prompt Payment Act. The City shall pay the Contractor in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the City Manager. 5.2 Disputed Invoices. In the event that all or a portion of an invoice submitted to the City for payment to the Consultant is disputed, or additional backup documentation is required, the City shall notify the Consultant within fifteen (15) working days of receipt of the invoice of such objection, modification or additional documentation request. The Consultant shall provide the City within five (5) working days of the date of the City's notice. The City may request additional information, including but not limited to, all invoices, time records, expense records, accounting records, and payment records of the Consultant. The City1 at its sole discretion, may pay to the Consultant the undisputed portion of the invoice. The parties shall endeavor to resolve the dispute in a mutually agreeable fashion. 5.3 Suspension of Payment. In the event that the City becomes credibly informed that any representations of the Consultant, provided pursuant to Subparagraph 5.1, are wholly or partially inaccurate, or in the event that the Consultant is not in compliance with any term or condition of the Agreement or this Project Agreement, the City may withhold payment of sums then or in the future otherwise 2of4 145 due to the Consultant until the Inaccuracy, or other breach of Agreement or Project Agreement, and the cause thereof, is corrected to the City's reasonable satisfaction. 5.4 [INTENTIONALLY OMITTED] 5.5 Final Payment. Submission to the Consultant's invoice for final payment and reimbursement shall constitute the Consultant's representation to the City that, upon receipt from the City of the amount invoiced, all obligations of the Consultant to others, including its consultants, incurred in connection with the Project, shall be paid in full. The Consultant shall deliver to the City all documents requested by the City evidencing payments to any and all subcontractors, and all final specifications, plans, or other documents as dictated in the Proposal, Scope of Services, and Deliverables. Acceptance of final payment shall constitute a waiver of all claims against the City by the Consultant. SECTION 6. TERMINATION/SUSPENSION 6.1 For Cause. This Project Agreement may be terminated by either party upon five (5) calendar days written notice to the other should such other party fail substantially to perform in accordance with its material terms through no fault of the party initiating the termination and fails to cure the failure to perform within such five (5) day period. In the event that Consultant abandons this Project Agreement or causes it to be terminated by the City, the Consultant shall indemnify the City against any loss pertaining to this termination. In the event that the Consultant is terminated by the City for cause and it is subsequently determined by a court by a court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under Section 6.2 and the provision of Section 6.2 shall apply. 6.2 For Convenience. This Project Agreement may be terminated by the City for convenience upon fourteen (14) calendar days' written notice to the Consultant. In the event of such termination, the Consultant shall incur no further obligations in connection with the Project and shall, to the extent possible terminate any outstanding subconsultant obligation(s). The Consultant shall be compensated for all Services performed to the satisfaction of the City and reimbursable expenses incurred prior the date of termination. In such event, the Consultant shall promptly submit to the City its invoice for final payment and reimbursement which Invoice shall comply with the provisions of Section 5.1. Under no circumstances shall the City make payment of profit to the Consultant for services which have not been performed. 6.3 Assignment upon Termination. Upon termination of this Project Agreement, a copy of all work product of the Consultant shall become the property of the City and the Consultant shall within ten (10) working days of receipt of written direction from the City, transfer to either the City or its authorized designee, a copy of all work product in its possession, including but not limited to designs, specifications, drawings, studies, reports and all other documents and data in the possession of the Consultant pertaining to this Project Agreement. Upon the City's request, the Consultant shall additionally assign its rights, title and interest under any subcontractor's agreements to the City. 6.4 Suspension for Convenience. The City shall have the right at any time to direct the Consultant to suspend its performance, or any designated part thereof, for any reason whatsoever, or without reason, for a cumulative period of up to thirty (30) calendar days. If any such suspension is directed by the City, the Consultant shall immediately comply with same. In the event the City directs a suspension of performance as provided herein, through no fault of the Consultant, the City shall pay the Consultant as full compensation for such suspension the Consultant's reasonable cost, actually incurred and paid, of demobilization and remobilization. 3 of4 146 Section 7. American Rescue Plan Act Contract Conditions. 7.1 The Consultant acknowledges that the Services authorized under this Project Agreement may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act CCARPAD). Towards that end, the Consultant shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Addendum. If compliance with the ARPA Addendum is required, the City shall select this box: □. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 4of4 147 IN WITNESS WHEREOF, the parties hereto have caused this Project Agreement executed as of the day and year as first stated above. ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: J:ao'Zf~f/1 WITNESSES: Pr~P.12. May 24, 2024. CITY: !AMI, FLORIDA, orporation Genaro "C hip" Igle sias, City Manage Date: ----'-7 _/~_/_'").,_f __ _ CONSULTANT : STANTEC CONSULTING SERVICES, INC . By: __ ----===1==-____;;'------------ Name: Luis Diaz, PE Title: Senior Principal Date: May 24, 2024 I of I 148 Exhibit 1 () Stantec June 30, 2023 Stant ec Con s ultin g Servi ces Inc. 901 Ponce de Leon Blvd. Suite 900 Coral Gables , FL 33134 Attention: Mr. Aurelio Carmenates, P.E. City of South Miami, Public Works Engineering & Construction Division 4795 SW 75th Avenue, Miami, FL 33155 Main: (305) 403-2063 Dear Mr. Carmenates, Reference:City of South Miami -Safety Action Plan Development Stantec is pleased to submit this proposal to prepare a Safety Action Plan for the City of South Miami under the terms and conditions of our Professional Service Agreement for Professional General Engineering and Architectural Services as authorized by Resolution 060-17-14861 between the City of South Miami and Stantec Consulting Services In c. The attached Project Work Plan and Fee Estimate includes the necessary tasks to compile, analyze, prioritize , and implement proven safety countermeasures in a systemic manner with the goal of improving safety along City roadways. Successful completion of this process will require a lump sum fee of $298,000 , inclusi ve of out-of-pocket expenses. All work will be billed on a lump sum, fi xed-fee basis with monthly progress billings based on percent complete for each task. The Stantec team can begin work on the Safety Action Plan following official notice of award from your Safe Streets for All (SS4A) grant application. We commit to its successful completion by th e end of the grant award term limits and look forward to being of service to the City on thi s project. If you have any questions upon re view, please do not hesitate to call me at (305) 445-2900. Regard s, Stantec Consulting Services Inc . Sean Compel P.E ., LEED AP, ENV SP Prin cipa l Ph one: 305-4 45-2900 Attachments: A -Proposed Scope, Schedule. Fee [,,.,. 1r •.,ill C l •, ii 1111 Iu June 30, 2023 Mr. Aurelio Carmenates, P.E. Page 2 of6 Reference: City of South Miami -Safety Action Plan Development Attachment A Scope of Services -Safety Action Plan Background Mobility is essential to our community members , and safe travel a long our roadways, sidewalks, and bicycle faci lities has become increasingly significant element of planning , engineering, and urban design. Development of a Safety Action Plan involves a systemic, data-driven approach to identifying local risk factors, prioritizing locations that are unsafe, and implementing proven safety countermeasures that prevent injuries and save lives. Purpose The purpose of this scope of services is to describe the professional consulting services necessary to faci li tate a Safety Action Plan as part of the Safe Streets and Roads for All (SS4A) Notice of Funding Opportunity (NOFO). These competitive grants are awarded to deserving communities that demonstrate a commitment to planning, infrastructure, behavior, and operational initiatives to prevent death and serious injury along our roadways. Scope of Services Task O -Project Management Stantec Consulting Services Inc. ("Consultant") will initiate the project with interna l project set up , prepare an initial data request li st and detailed critical path schedu le to facilitate the technical aspects of this project. City staff ("C li ent") will assemble a project team (2-3 staff) to provide logistical support and direct feedback on deliverables, particularly coordination of meetings , sending calendar invites, reserving meeting spaces, and providing meeting equipment, materi als, staffing, and Inte rnet connectivity (Tasks 1-2, and 4). The Consultant wi ll be in close communication with the City 's project manager to provide updates as requested, schedule project coordination meetings (both virtua l and in-person), share initial findings, maintain an appropriate schedule of deliverables, provide monthly invoices for services provided, and communicate project needs, challenges, a nd expectations. Deliverables: Monthly coordination meetings (virtual), and invoices. Client Responsibilities : Designate a primary project manager; Meetings logistics and comm unication of needs/expectations. Task 1 -Stakeholder Identification A key component of this process is the in vo lvement of stakehold ers who are directly in volved with safety analysis, engineering design of roadways, a nd long-te rm transportation project planning. These stakeholders will provide meaningful input and data access (e.g ., "gatekeepers") to assist in the June 30 , 2023 Mr. Aurelio Carmenates, P .E. Page 3 of6 Reference: City of South Miami -Safety Action Plan Development development of this process. Given the local nature of identifying stakeholders, the Client will lead the identification of agencies, individuals stakeholders, and coordination of meeting logistics (i.e., calendar invites). Participation should include but not be limited to: • Representation from elected officials / governing body • Local government staff/ departments, including local / county / state police • Regional MPO / RPO transportation planning staff • State DOT Highway Safety Engineering staff involved with: o Highway Safety Improvement Program o Governors Highway Safety Program o Pedestrian & Bicycle transportation Deliverables: List of contacts to serve a project stakeholders for this process and future safety initiatives. Client Responsibilities: Identification and schedule coordination of meetings with key personnel. Task 2 -Working Group Meetings With logistical support from the Client, Stantec will attend and facilitate project Working Group (WG) meetings with stakeholders and project team members. The Consultant will prepare and submit meeting summaries and action items moving forward. Five (5 ) meetings are assumed. Additional meetings may be performed as additional services. The anticipated focus for the meetings will be: 1) Organize: kickoff and visioning meeting 2) Identify: initial data findings , risk factors , and the high injury network 3) Screen: our focus roadway facility elements 4) Select: potential countermeasures and begin evaluation process 5) Prioritize: projects with select countermeasures Deliverables: Agendas and Meeting summary notes. Development of project Visions, Mission, and Goals , with official public commitment to reducing fatalities and serious injuries along roadways to zero by a targeted year (e.g., 2035). Client Responsibilities: Coordination of schedules, meeting invites, and logistics. Active participation in WG meetings and direct feedback. Task 3 -Analysis of Safety Data The Consultant shall prepare a data needs list for the Client and Working Group (WG) members that outlines the type of crash data, attributes, and related geographic information systems (GIS) data resources necessary for a data-driven analysis of safety. WG members will be responsible for identifying and involving the appropriate staff to provide access to data platforms , and/or database extraction for the Consultant. A data-driven analysis will be performed, establishing a baseline level of crashes and trend leading to the: a) identification of the high injury network (HIN) and risk factors (e.g., emphasis areas}, b) prioritizing roadway facility elements/ characteristics , and c) screen against proven countermeasures that would be most effective for these type of risk factors. C l I.I ii~ I Ill 1..:J June 30, 2023 Mr. Aurelio Carrnenates , P.E . Page4 of6 Reference: City of South Miami -Safety Action Plan Development Crash tree diagrams will be generated to review roadway and crash characteristics for the purpose of identifying contributing factors that are over-represented crash trends. Emphasis will be placed on systemic treatments rather than system-wide treatments to yield a larger benefit:cost ratio. Open and productive discussion and feedback are expected from WG members, leading to the selection of appropriate Proven Safety Countermeasures (FHWA https://highways .dot.gov/safety/proven-safety- countermeasures ) that directly relate with local risk factors identified. Deliverables: Technical memorandum summarizing a five-year crash dataset, including risk factors ; Identification and mapping of the HIN; Development of strategies and prioritization of treatments . Client Responsibilities: Provide data as requested; timely responses to questions regarding data; ensure participation of key City staff. Task 4 -Engagement and Collaboration The Consultant will generate a Public Engagement Plan (PEP), with guidance from the Client, that outlines the virtual (digital) outreach strategy, partner agencies, and in-person meeting strategy for involving and interacting with community members. The number of engagement opportunities will be scaled with respect to schedule of events, staffing capabilities , community expectations , and final budget constraints. With a working knowledge of crash trends , the Consultant will design , organize, and facilitate a public engagement program that: a) educates the public of key risk factors, and existing safety programs at the Federal or State level ; b) informs the public of HIN locations, and potential strategies to minimize; and c) involves the public with the prioritization of safety improvement policy recommendations. The Consultant assumes both virtual and in-person engagement and collaboration formats are necessary to engage the broader public, notably the transportation disadvantaged populations (e.g., mobility impaired , low-income, seniors , youths , zero car households). Emphasis will be placed on educational stations t nat share the data-driven process results and interactive stations that ask for community preference on the most appropriate and tailored strategies for unifying support, reducing vehicle speeds, and shifting driver behavior (non-physical improvements). Jurisdictional boundaries shall not be a consideration when engaging the public, as our roadways are open to the public regardless of your place of residency. Deliverables: Public Engagement Plan that outlines digital material, educational campaigns, and meeting content. Meeting facilitation, and summary of feedback received. Client Responsibilities: Coordination of meeting logistics , including venue, equipment, and publication. TASK 5: Strategy and Project Selection The Consultant will identify a comprehensive set of projects and strategies , shaped by data and stakeholders, that address the local risk factors and safety issues of this community. This element involves all Safe Systems Approach elements, approaching the process comprehensively, not just identifying physical roadway improvements. Elements to be considered by the Consultant include: [J,., 1 .. ,rh 111 L ii ., 1,111•J Jun e 30, 2023 Mr. Aurelio Carm en ates, P.E. Page 5 of 6 Reference: City of South Miami -Safety Action Plan Development o Safe Speed s -posted speed limits a nd traffi c calming strategies o Safe Ro ads -engineering deficiencies and/or equipme nt o Safe Users -considerations for vulnerable road users o Safe Vehicles -review of s tandard vehicle s izes, and trends in the auto industry o Post-Crash Care -emerg ency medical services a nd response syste ms Ph ysical road way improve me nts (projects) will be scree ned for appropriate, proven safety countermeasures. The Con sultant s hall in clude an asses sment of current policies, planning docume nts , and local guidelines to id entify non-physic al opportunities to improve safety through po licy (strategies ). Prioriti zed lists of re comm e nd ations will be pre pared with a potential return on investment consideration for the near-, mid-, and long-term timelin e. An ev aluation process to continually monitor and improve over time, as well a s involve th e appropriate partners and remain tra nsparent with the publi c, will be included . Subtask Sb: Equity Considerations Safety is a fu ndam en tal human ri g ht fo r all citizens; however , fatalities a re not evenl y share d between neighbor hoods or peopl e. The desire for equitabl e saf ety ou t comes means th at "fairn ess " must be inc orporated into p olicy co nsid e rations a nd i mp le me nta ti on s trategies. For a Safety Actio n Pla n, th is mea ns a review of tra ns porta ti o n disadva ntaged po pul atio ns (utilizing USDOT Justi ce40 g uidance) is to be performed w ith respect to crash densiti es to identify s treets , neigh borh oods, or distri c ts w here a l arger prop orti on of c ras hes are occurring (e.g., over-represe nted ). Ri sk fa cto rs for these transpo rt ati on disadva ntage d areas may be differen t from oth er s tree ts or ne ig hborhoods, meaning that th e p ublic engage ment p rocess must include g reater local in put, a nd disc ussion to revea l contri butin g factors. Deliverables : Prioritized lists of proj ect and poli cy recom mendations, with a n eva luation strategy. Client Responsibilities: Active pa rti cipation in WG meetin gs a nd direct feedback on draft materials. TASK 6: Reporting Th e Consultant sha ll develo p a Safety Acti on Plan th at addresses (on e combin ed set of) comments rece ived on th e draft re po rt (from pu blic , Clie nt, Florid a DOT and Adviso ry Committee me mbe rs). Di gital cop ies of t he fin a l pla n w ill be prov ide d in Adobe PDF fo rm at only; there w ill be no physical copies p rinted . All GIS data , cost ele ment spreadsheets, a nd d igita l des ig n files (Shapefil e, GeoDatab ase) deve lo ped durin g th e process w ill be packaged a nd shared wi th the Clie nt. Delivera bles: Draft and final versions of th e Safety Action Plan. Di gital res ources and databases . Client Responsibilities: Coordin at e review and comment on draft Safety Acti on Plan , prov id ing o ne co nso lidated set of review comments. Schedule Th e proj ect schedul e rep resents our bes t effort at esti matin g t he ti mefr am e for t he complet ion of tasks. T he sched ul e provides time fro m the contract notice to proceed to comp letion of services in wo rking days. T here [i,_,1 ll ,,jtl C l fl' W i i~ I 1111 I\ June 30, 2023 Mr. Aurelio Carrnenates , P .E. Page 6 of 6 Reference: City of South Miami -Safety Action Plan Development are many facets that control th e duration of the project, and some elements are outside of Stantec's control (e.g., unavailability of City Staff, waiting on data). This proposal is valid for 60 days. Task# Task Description Task Duration 1 i Stakeholder Identification and Visioning 2 mont hs -·· __ 2 _ .............. i. Working .Group Meetings .......................... _ .................................................................. Bimonthly/5 .. meetings) .. . >----3--·---· i Analysis of Safety Da ta 4 months ___ 4_ ............ .J. .. ~.Q.9.9 .. 9.~.r:r.ien t and Collaborati2.Q ..................................................................... ! ........................... ~ ... II.1.?..r:i.t.t:i.s. .. __ ,_ ___ 5 __ ~i_S_t _ra_t_e-Q.Y and Project Se lection .............. -..... • 3 months 6 i Reporting I 2 months Total Duration 10-11 months Fee A ll work wi ll be billed o n a lump s um , fi xed fee basis w ith monthly progress billings based on percent complete for each task according to the Fee Table below. Any addit ional work that may be required w ill be outlin ed in an amendmen t to this assig nm ent. A fee estima te tab le is included below. Task# : Task Description Fee 1 l Stakeholder Identification and Visioning ........................ -----·...$ 18,000 2 i Workinq Group Meetings $30,000 t----.. } ........................ J Analysis of Safety_D_a_t_a ____ ............ , $80,000 ............................. .. ,__ __ 4_ .... _... i Eng.2 .gement and Coll aboration ! ""$'-3_4c_,0_0_0 ____ _ 5 i St ra t egy and Project Selection i $75 ,000 6 i Reportinq [ $32,000 ..................... . Expense s i (p rinting, travel, etc.] t--~------;------~ Total Fee i Assumptions 1. Th e scope of this proposal does not in clude Engineering serv ices , Geotechni ca l, Hydrogeo logy, El ectrical, Mechanical, Structural, and Constru cti on services. 2. This scope is based on Stantec's understa nding of th e cu rrent rul es, regulations , and ordinances in effect on the date of this document. Interpretations of these standards m ay affect th e scope and fees of Stantec's services, and may requi re adjustmen ts to delete, decrease or increase sa me. 3. Cli ent is expected to furnish Staniec w ith fu ll info rm atio n, in cluding a ny special or ex traordinary co nsiderations for th e Proj ect or specia l serv ices needed. Cli ent is also expec ted to make avail able any pertinent documenta ti on or informa ti on relevant to th e project. crn L il v 11 111 ,..J ,_ () Stantec COSTS ESTIMATE Sou th Miami -Safety Action Plan June 2023 Task# Task Description 1 Stakeholder Identification and Visioning ------ 2 Worki ng Group Meetings --r --- 3 Analysis of Safety Data - -- I r I 4 I Engagement and Coll abo ration -----l 5 1 strategy a nd Proj ect Selection ,~ - 6 Reporting Expenses I (printing, travel, etc.) Total Fee I Fee I $ 18,000 6% - 30.000 I - $ 10 % t{ ~000 1 27% - 34,000 11% ' -- tJ 75 ,00 0 25% --- $ 36,000 12% $ 25,000 8% $ 298 ,000 Stantec Consulting Services Inc. 901 Ponce de Leon Blvd. Suite 900 Coral Gables, FL 33134 June 30, 2023 Attention: Mr. Aurelio Carmenates, P.E. City of South Miami, Public Works Engineering & Construction Division 4795 SW 75th Avenue, Miami, FL 33155 Main: (305) 403-2063 Dear Mr. Carmenates, Reference: City of South Miami – Safety Action Plan Development Stantec is pleased to submit this proposal to prepare a Safety Action Plan for the City of South Miami under the terms and conditions of our Professional Service Agreement for Professional General Engineering and Architectural Services as authorized by Resolution 060-17-14861 between the City of South Miami and Stantec Consulting Services Inc. The attached Project Work Plan and Fee Estimate includes the necessary tasks to compile, analyze, prioritize, and implement proven safety countermeasures in a systemic manner with the goal of improving safety along City roadways. Successful completion of this process will require a lump sum fee of $298,000, inclusive of out-of-pocket expenses. All work will be billed on a lump sum, fixed-fee basis with monthly progress billings based on percent complete for each task. The Stantec team can begin work on the Safety Action Plan following official notice of award from your Safe Streets for All (SS4A) grant application. We commit to its successful completion by the end of the grant award term limits and look forward to being of service to the City on this project. If you have any questions upon review, please do not hesitate to call me at (305) 445-2900. Regards, Stantec Consulting Services Inc. Sean Compel P.E., LEED AP, ENV SP Principal Phone: 305-445-2900 Attachments: A – Proposed Scope, Schedule, Fee 6 () Stantec O,, ~,ith tn ~,. itr i l'T'l d June 30, 2023 Mr. Aurelio Carmenates, P.E. Page 2 of 6 Reference: City of South Miami – Safety Action Plan Development Attachment A Scope of Services - Safety Action Plan Background Mobility is essential to our community members, and safe travel along our roadways, sidewalks, and bicycle facilities has become increasingly significant element of planning, engineering, and urban design. Development of a Safety Action Plan involves a systemic, data-driven approach to identifying local risk factors, prioritizing locations that are unsafe, and implementing proven safety countermeasures that prevent injuries and save lives. Purpose The purpose of this scope of services is to describe the professional consulting services necessary to facilitate a Safety Action Plan as part of the Safe Streets and Roads for All (SS4A) Notice of Funding Opportunity (NOFO). These competitive grants are awarded to deserving communities that demonstrate a commitment to planning, infrastructure, behavior, and operational initiatives to prevent death and serious injury along our roadways. Scope of Services Task 0 – Project Management Stantec Consulting Services Inc. (“Consultant”) will initiate the project with internal project set up, prepare an initial data request list and detailed critical path schedule to facilitate the technical aspects of this project. City staff (“Client”) will assemble a project team (2-3 staff) to provide logistical support and direct feedback on deliverables, particularly coordination of meetings, sending calendar invites, reserving meeting spaces, and providing meeting equipment, materials, staffing, and Internet connectivity (Tasks 1-2, and 4). The Consultant will be in close communication with the City’s project manager to provide updates as requested, schedule project coordination meetings (both virtual and in-person), share initial findings, maintain an appropriate schedule of deliverables, provide monthly invoices for services provided, and communicate project needs, challenges, and expectations. Deliverables: Monthly coordination meetings (virtual), and invoices. Client Responsibilities: Designate a primary project manager; Meetings logistics and communication of needs/expectations. Task 1 – Stakeholder Identification A key component of this process is the involvement of stakeholders who are directly involved with safety analysis, engineering design of roadways, and long-term transportation project planning. These stakeholders will provide meaningful input and data access (e.g., “gatekeepers”) to assist in the 7 June 30, 2023 Mr. Aurelio Carmenates, P.E. Page 3 of 6 Reference: City of South Miami – Safety Action Plan Development development of this process. Given the local nature of identifying stakeholders, the Client will lead the identification of agencies, individuals stakeholders, and coordination of meeting logistics (i.e., calendar invites). Participation should include but not be limited to: • Representation from elected officials / governing body • Local government staff / departments, including local / county / state police • Regional MPO / RPO transportation planning staff • State DOT Highway Safety Engineering staff involved with: o Highway Safety Improvement Program o Governors Highway Safety Program o Pedestrian & Bicycle transportation Deliverables: List of contacts to serve a project stakeholders for this process and future safety initiatives. Client Responsibilities: Identification and schedule coordination of meetings with key personnel. Task 2 – Working Group Meetings With logistical support from the Client, Stantec will attend and facilitate project Working Group (WG) meetings with stakeholders and project team members. The Consultant will prepare and submit meeting summaries and action items moving forward. Five (5) meetings are assumed. Additional meetings may be performed as additional services. The anticipated focus for the meetings will be: 1) Organize: kickoff and visioning meeting 2) Identify: initial data findings, risk factors, and the high injury network 3) Screen: our focus roadway facility elements 4) Select: potential countermeasures and begin evaluation process 5) Prioritize: projects with select countermeasures Deliverables: Agendas and Meeting summary notes. Development of project Visions, Mission, and Goals, with official public commitment to reducing fatalities and serious injuries along roadways to zero by a targeted year (e.g., 2035). Client Responsibilities: Coordination of schedules, meeting invites, and logistics. Active participation in WG meetings and direct feedback. Task 3 – Analysis of Safety Data The Consultant shall prepare a data needs list for the Client and Working Group (WG) members that outlines the type of crash data, attributes, and related geographic information systems (GIS) data resources necessary for a data-driven analysis of safety. WG members will be responsible for identifying and involving the appropriate staff to provide access to data platforms, and/or database extraction for the Consultant. A data-driven analysis will be performed, establishing a baseline level of crashes and trend leading to the: a) identification of the high injury network (HIN) and risk factors (e.g., emphasis areas), b) prioritizing roadway facility elements / characteristics, and c) screen against proven countermeasures that would be most effective for these type of risk factors. 8 June 30, 2023 Mr. Aurelio Carmenates, P.E. Page 4 of 6 Reference: City of South Miami – Safety Action Plan Development Crash tree diagrams will be generated to review roadway and crash characteristics for the purpose of identifying contributing factors that are over-represented crash trends. Emphasis will be placed on systemic treatments rather than system-wide treatments to yield a larger benefit:cost ratio. Open and productive discussion and feedback are expected from WG members, leading to the selection of appropriate Proven Safety Countermeasures (FHWA https://highways.dot.gov/safety/proven-safety- countermeasures) that directly relate with local risk factors identified. Deliverables: Technical memorandum summarizing a five-year crash dataset, including risk factors; Identification and mapping of the HIN; Development of strategies and prioritization of treatments. Client Responsibilities: Provide data as requested; timely responses to questions regarding data; ensure participation of key City staff. Task 4 – Engagement and Collaboration The Consultant will generate a Public Engagement Plan (PEP), with guidance from the Client, that outlines the virtual (digital) outreach strategy, partner agencies, and in-person meeting strategy for involving and interacting with community members. The number of engagement opportunities will be scaled with respect to schedule of events, staffing capabilities, community expectations, and final budget constraints. With a working knowledge of crash trends, the Consultant will design, organize, and facilitate a public engagement program that: a) educates the public of key risk factors, and existing safety programs at the Federal or State level; b) informs the public of HIN locations, and potential strategies to minimize; and c) involves the public with the prioritization of safety improvement policy recommendations. The Consultant assumes both virtual and in-person engagement and collaboration formats are necessary to engage the broader public, notably the transportation disadvantaged populations (e.g., mobility impaired, low-income, seniors, youths, zero car households). Emphasis will be placed on educational stations that share the data-driven process results and interactive stations that ask for community preference on the most appropriate and tailored strategies for unifying support, reducing vehicle speeds, and shifting driver behavior (non-physical improvements). Jurisdictional boundaries shall not be a consideration when engaging the public, as our roadways are open to the public regardless of your place of residency. Deliverables: Public Engagement Plan that outlines digital material, educational campaigns, and meeting content. Meeting facilitation, and summary of feedback received. Client Responsibilities: Coordination of meeting logistics, including venue, equipment, and publication. TASK 5: Strategy and Project Selection The Consultant will identify a comprehensive set of projects and strategies, shaped by data and stakeholders, that address the local risk factors and safety issues of this community. This element involves all Safe Systems Approach elements, approaching the process comprehensively, not just identifying physical roadway improvements. Elements to be considered by the Consultant include: 9 June 30, 2023 Mr. Aurelio Carmenates, P.E. Page 5 of 6 Reference: City of South Miami – Safety Action Plan Development o Safe Speeds – posted speed limits and traffic calming strategies o Safe Roads – engineering deficiencies and/or equipment o Safe Users – considerations for vulnerable road users o Safe Vehicles – review of standard vehicle sizes, and trends in the auto industry o Post-Crash Care – emergency medical services and response systems Physical roadway improvements (projects) will be screened for appropriate, proven safety countermeasures. The Consultant shall include an assessment of current policies, planning documents, and local guidelines to identify non-physical opportunities to improve safety through policy (strategies). Prioritized lists of recommendations will be prepared with a potential return on investment consideration for the near-, mid-, and long-term timeline. An evaluation process to continually monitor and improve over time, as well as involve the appropriate partners and remain transparent with the public, will be included. Subtask 5b: Equity Considerations Safety is a fundamental human right for all citizens; however, fatalities are not evenly shared between neighborhoods or people. The desire for equitable safety outcomes means that “fairness” must be incorporated into policy considerations and implementation strategies. For a Safety Action Plan, this means a review of transportation disadvantaged populations (utilizing USDOT Justice40 guidance) is to be performed with respect to crash densities to identify streets, neighborhoods, or districts where a larger proportion of crashes are occurring (e.g., over-represented). Risk factors for these transportation disadvantaged areas may be different from other streets or neighborhoods, meaning that the public engagement process must include greater local input, and discussion to reveal contributing factors. Deliverables: Prioritized lists of project and policy recommendations, with an evaluation strategy. Client Responsibilities: Active participation in WG meetings and direct feedback on draft materials. TASK 6: Reporting The Consultant shall develop a Safety Action Plan that addresses (one combined set of) comments received on the draft report (from public, Client, Florida DOT and Advisory Committee members). Digital copies of the final plan will be provided in Adobe PDF format only; there will be no physical copies printed. All GIS data, cost element spreadsheets, and digital design files (Shapefile, GeoDatabase) developed during the process will be packaged and shared with the Client. Deliverables: Draft and final versions of the Safety Action Plan. Digital resources and databases. Client Responsibilities: Coordinate review and comment on draft Safety Action Plan, providing one consolidated set of review comments. Schedule The project schedule represents our best effort at estimating the timeframe for the completion of tasks. The schedule provides time from the contract notice to proceed to completion of services in working days. There 10 June 30, 2023 Mr. Aurelio Carmenates, P.E. Page 6 of 6 Reference: City of South Miami – Safety Action Plan Development are many facets that control the duration of the project, and some elements are outside of Stantec’s control (e.g., unavailability of City Staff, waiting on data). This proposal is valid for 60 days. Task # Task Description Task Duration 1 Stakeholder Identification and Visioning 2 months 2 Working Group Meetings Bimonthly (5 meetings) 3 Analysis of Safety Data 4 months 4 Engagement and Collaboration 2 months 5 Strategy and Project Selection 3 months 6 Reporting 2 months Total Duration 10-11 months Fee All work will be billed on a lump sum, fixed fee basis with monthly progress billings based on percent complete for each task according to the Fee Table below. Any additional work that may be required will be outlined in an amendment to this assignment. A fee estimate table is included below. Task # Task Description Fee 1 Stakeholder Identification and Visioning $18,000 2 Working Group Meetings $30,000 3 Analysis of Safety Data $80,000 4 Engagement and Collaboration $34,000 5 Strategy and Project Selection $75,000 6 Reporting $32,000 Expenses (printing, travel, etc.) $25,000 Total Fee $298,000 Assumptions 1. The scope of this proposal does not include Engineering services, Geotechnical, Hydrogeology, Electrical, Mechanical, Structural, and Construction services. 2. This scope is based on Stantec’s understanding of the current rules, regulations, and ordinances in effect on the date of this document. Interpretations of these standards may affect the scope and fees of Stantec’s services, and may require adjustments to delete, decrease or increase same. 3. Client is expected to furnish Stantec with full information, including any special or extraordinary considerations for the Project or special services needed. Client is also expected to make available any pertinent documentation or information relevant to the project. 11 COSTS ESTIMATE South Miami - Safety Action Plan June 2023 170 Task #Task Description Fee 1 Stakeholder Identification and Visioning 18,000$ 6% 2 Working Group Meetings 30,000$ 10% 3 Analysis of Safety Data 80,000$ 27% 4 Engagement and Collaboration 34,000$ 11% 5 Strategy and Project Selection 75,000$ 25% 6 Reporting 36,000$ 12% Expenses (printing, travel, etc.)25,000$ 8% Total Fee 298,000$ 12 () Stantec 1 of 1 PROJECT AGREEMENT Between CITY OF SOUTH MIAMI, FLORIDA And STANTEC CONSULTING SERVICES, INC. Project Name: Safety Action Plan Development 13 1 of 4 PROJECT AGREEMENT Between CITY OF SOUTH MIAMI, FLORIDA and STANTEC CONSULTING SERVICES, INC. Project Name: Safety Action Plan Development Subject to the provisions contained in the “Professional Services Agreement for Professional General Engineering and Architectural Services” (hereinafter referred to as the “Professional Services Agreement”) between the CITY OF SOUTH MIAMI, FLORIDA (hereinafter referred to as “City”) and STANTEC CONSULTING SERVICES, INC.(hereinafter referred to as “Consultant”) dated May 3, 2022, which Professional Services Agreement was competitively procured through Request For Qualifications (RFQ) No. PW2022-03 in accordance with Section 287.955, Florida Statutes. This Project Agreement is made effective as of the day of , 2024, and authorizes the Consultant to provide the services as set forth below: SECTION 1. SCOPE OF SERVICES 1.1 Consultant shall provide professional general engineering services (the “Services”) for the Project in accordance with the terms and conditions of the Agreement and shall complete the tasks that are identified and described in the Project Proposal attached hereto as Exhibit “1” (the “Proposal”) for the City. 1.2 The City may request changes that would increase, decrease, or otherwise modify the scope of services outlined under the Proposal attached hereto as Exhibit “1.” Such changes must be contained in a written change order executed by the parties in accordance with the provisions of the Agreement, prior to any deviation from the terms of this Project Agreement, including the initiation of any extra work. SECTION 2. DELIVERABLES 2.1 As part of the scope of Services and Project schedule, the Consultant shall provide the City with the Deliverables identified in the Proposal attached hereto as Exhibit “1.” SECTION 3. TERM/TIME OF PERFORMANCE/DAMAGE 3.1 Term. This Project Agreement shall commence on the date this instrument is fully executed by all parties and shall continue in full force and effect until terminated pursuant to Section 6 herein or until the Services are completed in accordance with other applicable provisions of the Agreement. The City Manager, in his sole discretion, may extend the term of this Project Agreement through written notification to the Consultant. Such extension shall not exceed 90 days. No further extensions of this Agreement shall be effective unless authorized by the City Manager. 3.2 Commencement. Services provided by the Consultant under this Project Agreement and the time frames applicable to this Project shall commence upon the date provided in a written Notice to Proceed (“Commencement Date”) provided to the Consultant by the City. The Consultant shall not incur any expenses or obligations for payment to third parties prior to the issuance of the Notice to Proceed. 14 2 of 4 Consultant must receive written notice from the City Manager prior to the beginning the performance of services. 3.3 Contract Time. Upon receipt of the Notice to Proceed, the Consultant shall provide the Services for the Project to the City on the Commencement Date, and shall continuously perform the Services for the Project to the City, without interruption, in accordance with the time frames set forth in the Proposal attached and incorporated into this Project Agreement as Exhibit “1”. The number of calendar days from the Commencement Date, through the date set forth in the Project Schedule for completion of the Project or the date of actual completion of the Project, whichever shall last occur, shall constitute the Contract Time. 3.4 All limitations of time set forth in this Project Agreement are of the essence. SECTION 4. AMOUNT, BASIS AND METHOD OF COMPENSATION 4.1 Compensation. Consultant shall be compensated for the provision of the Services for the Project in accordance with Exhibit “1” attached hereto. Consultant shall receive a total lump sum fee of $298,000 for the provision of the Services for the Project. 4.2 Reimbursable Expenses. All reimbursable expenses are included in the total compensation listed in Section 4.1 above. SECTION 5. BILLING AND PAYMENTS 5.1 Invoices 5.1.1.Compensation and Reimbursable Expenses. Consultant shall submit invoices which are identified by the specific project number on a monthly basis in a timely manner. These invoices shall identify the nature of the work performed, the phase of work, and the estimated percent of work accomplished in accordance with the Payment Schedule attached hereto as Exhibit “1” and made part of this Project Agreement. Invoices for each phase shall not exceed amounts allocated to said phase plus reimbursable expenses accrued during each phase. The statement shall show a summary of fees with accrual of the total and credits for portions paid previously. 5.1.2.Florida Prompt Payment Act. The City shall pay the Contractor in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the City Manager. 5.2 Disputed Invoices. In the event that all or a portion of an invoice submitted to the City for payment to the Consultant is disputed, or additional backup documentation is required, the City shall notify the Consultant within fifteen (15) working days of receipt of the invoice of such objection, modification or additional documentation request. The Consultant shall provide the City within five (5) working days of the date of the City’s notice. The City may request additional information, including but not limited to, all invoices, time records, expense records, accounting records, and payment records of the Consultant. The City, at its sole discretion, may pay to the Consultant the undisputed portion of the invoice. The parties shall endeavor to resolve the dispute in a mutually agreeable fashion. 5.3 Suspension of Payment. In the event that the City becomes credibly informed that any representations of the Consultant, provided pursuant to Subparagraph 5.1, are wholly or partially inaccurate, or in the event that the Consultant is not in compliance with any term or condition of the Agreement or this Project Agreement, the City may withhold payment of sums then or in the future otherwise 15 3 of 4 due to the Consultant until the inaccuracy, or other breach of Agreement or Project Agreement, and the cause thereof, is corrected to the City’s reasonable satisfaction. 5.4 [INTENTIONALLY OMITTED] 5.5 Final Payment. Submission to the Consultant’s invoice for final payment and reimbursement shall constitute the Consultant’s representation to the City that, upon receipt from the City of the amount invoiced, all obligations of the Consultant to others, including its consultants, incurred in connection with the Project, shall be paid in full. The Consultant shall deliver to the City all documents requested by the City evidencing payments to any and all subcontractors, and all final specifications, plans, or other documents as dictated in the Proposal, Scope of Services, and Deliverables. Acceptance of final payment shall constitute a waiver of all claims against the City by the Consultant. SECTION 6. TERMINATION/SUSPENSION 6.1 For Cause. This Project Agreement may be terminated by either party upon five (5) calendar days written notice to the other should such other party fail substantially to perform in accordance with its material terms through no fault of the party initiating the termination and fails to cure the failure to perform within such five (5) day period. In the event that Consultant abandons this Project Agreement or causes it to be terminated by the City, the Consultant shall indemnify the City against any loss pertaining to this termination. In the event that the Consultant is terminated by the City for cause and it is subsequently determined by a court by a court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under Section 6.2 and the provision of Section 6.2 shall apply. 6.2 For Convenience. This Project Agreement may be terminated by the City for convenience upon fourteen (14) calendar days’ written notice to the Consultant. In the event of such termination, the Consultant shall incur no further obligations in connection with the Project and shall, to the extent possible terminate any outstanding subconsultant obligation(s). The Consultant shall be compensated for all Services performed to the satisfaction of the City and reimbursable expenses incurred prior the date of termination. In such event, the Consultant shall promptly submit to the City its invoice for final payment and reimbursement which invoice shall comply with the provisions of Section 5.1. Under no circumstances shall the City make payment of profit to the Consultant for services which have not been performed. 6.3 Assignment upon Termination. Upon termination of this Project Agreement, a copy of all work product of the Consultant shall become the property of the City and the Consultant shall within ten (10) working days of receipt of written direction from the City, transfer to either the City or its authorized designee, a copy of all work product in its possession, including but not limited to designs, specifications, drawings, studies, reports and all other documents and data in the possession of the Consultant pertaining to this Project Agreement. Upon the City’s request, the Consultant shall additionally assign its rights, title and interest under any subcontractor’s agreements to the City. 6.4 Suspension for Convenience. The City shall have the right at any time to direct the Consultant to suspend its performance, or any designated part thereof, for any reason whatsoever, or without reason, for a cumulative period of up to thirty (30) calendar days. If any such suspension is directed by the City, the Consultant shall immediately comply with same. In the event the City directs a suspension of performance as provided herein, through no fault of the Consultant, the City shall pay the Consultant as full compensation for such suspension the Consultant’s reasonable cost, actually incurred and paid, of demobilization and remobilization. 16 4 of 4 Section 7. American Rescue Plan Act Contract Conditions. 7.1 The Consultant acknowledges that the Services authorized under this Project Agreement may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act (“ARPA”). Towards that end, the Consultant shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Addendum. If compliance with the ARPA Addendum is required, the City shall select this box: . [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 17 1 of 1 IN WITNESS WHEREOF, the parties hereto have caused this Project Agreement executed as of the day and year as first stated above. CITY: ATTEST:CITY OF SOUTH MIAMI, FLORIDA, a Florida Municipal Corporation By: CITY CLERK Genaro “Chip” Iglesias, City Manager Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY CONSULTANT: STANTEC CONSULTING SERVICES, INC. By: Name: Title: Date: WITNESSES: Print Name: Print Name: 18 EXHIBIT “1” PROJECT PROPOSAL 19 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 1 of 23 [Please complete all areas in red. When finished, and prior to submitting grant agreement for FHWA review, please remove the header, all drafting instructions (in Red and in the Comments Section) and change all text from red to black.] 1.Federal Award No.2.Effective Date See No. 16 Below 3.Assistance Listings No. 20.939 4.Award To [Insert Recipient Name] [Insert Recipient Address] Unique Entity Id.: [Insert UEI] TIN No.: [Insert Tax ID] 5.Sponsoring Office U.S. Department of Transportation Federal Highway Administration Office of Safety 1200 New Jersey Avenue, SE HSSA-1, Mail Drop E71-117 Washington, DC 20590 6.Period of Performance Effective Date of Award –[insert date or number of months] 7.Total Amount Federal Share: Recipient Share: Other Federal Funds: Other Funds: Total: $0amount $0 $0 $0 $0 8.Type of Agreement Grant 9.Authority Section 24112 of the Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “Bipartisan Infrastructure Law” or “BIL”) 10.Procurement Request No. [insert PR Number] 11.Federal Funds Obligated [for phased agreement, enter phase number and name]:[Insert Amount $] 12.Submit Payment Requests To See Article 5. 14. Description of the Project 13.Accounting and Appropriations Data [insert Data] 20 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 2 of 23 RECIPIENT 15. Signature of Person Authorized to Sign ___________________________________ Signature Date Name: Title: FEDERAL HIGHWAY ADMINISTRATION 16. Signature of Agreement Officer ______________________________________ Signature Date Name: Title: Agreement Officer 21 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 3 of 23 U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the [insert full name of applicant](the “Recipient”). This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the [insert project name from the application]. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS 1.1 General Terms and Conditions. (a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2023 Safe Streets and Roads for All (“SS4A”) Grant Program,”, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2023.” Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system. 22 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 4 of 23 ARTICLE 2 APPLICATION, PROJECT, AND AWARD 2.1 Application. Application Title:[insert full title from the submitted application] Application Date:[insert the date in Box 3 of the SF-424 submitted with the application] 2.2 Award Amount. SS4A Grant Amount:[$XXX] 2.3 Federal Obligation Information. [Alternative #1: If all funds are being obligated at once:] Federal Obligation Type:Single [Alternative #2: If funds are to be obligated in multiple project phases:] Federal Obligation Type:Multiple Obligation Condition Table Phase the Project Allocation of the SS4A Grant Obligation Condition [insert name of first phase (e.g., “Base Phase: Pre- NEPA”)] [$XXX] 23 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 5 of 23 Obligation Condition Table Phase the Project Allocation of the SS4A Grant Obligation Condition [insert name of second phase (e.g., “Phase 1: Final Design, Right-of-Way, and Utility Relocation”)] [$XXX]The Recipient shall not expend any funds (Federal or non-Federal) for, seek reimbursement of eligible costs, or otherwise begin any part of the final design and construction of an Implementation Project unless and until: (1) The requirements of the National Environmental Policy Act (42 U.S.C. § 4321 et seq.) (“NEPA”), Section 106 of the National Historic Preservation Act (16 U.S.C. § 470f) (“NHPA”), and any other applicable environmental laws and regulations have been met; and (2) FHWA, or a State with applicable NEPA Assignment authority, has approved the NEPA document for the Project and provided the Recipient with a written notice that the environmental review process is complete; and (3) FHWA has obligated additional funds for this phase and notified the Recipient in writing that the Recipient may proceed to the next activity after NEPA approval, and the Recipient has acknowledged receipt in writing of FHWA’s notification. Recipient shall not proceed with any such aadvancctivities until (2) and (3) as described in this section are met. Costs that are incurred before (2) and (3) as described in this section are met are not allowable costs under this agreement. Extent of activities that are permissible before NEPA is complete are those activities constituting “preliminary design” as specified in FHWA Order 6640.1A. 24 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 6 of 23 Obligation Condition Table Phase the Project Allocation of the SS4A Grant Obligation Condition [insert name of third phase (e.g., “Option Phase 2: Construction”)] [$XXX]The Recipient shall not expend any funds (Federal or non-Federal) for, seek reimbursement of eligible costs, or otherwise begin any part of the construction or final design and construction of an Implementation Project unless and until: (1)The requirements of the National Environmental Policy Act (42 U.S.C. § 4321 et seq.) (“NEPA”), Section 106 of the National Historic Preservation Act (16 U.S.C. § 470f) (“NHPA”), and any other applicable environmental laws and regulations have been met; and (2) FHWA, or a State with applicable NEPA Assignment authority, has approved the NEPA document for the Project and provided the Recipient with a written notice that the environmental review process is complete; and (3) FHWA has obligated additional funds for this phase and notified the Recipient in writing that the Recipient may proceed to the next activity after NEPA approval, and the Recipient has acknowledged receipt in writing of FHWA’s notification. Recipient shall not proceed with any such activities until (2) and (3) as described in this section are met. Costs that are incurred before (2) and (3) as described in this section are met are not allowable costs under this agreement. Extent of activities that are permissible before NEPA is complete are those activities constituting “preliminary design” as specified in FHWA Order 6640.1A. 2.4 Budget Period. [Choose the appropriate one of these two alternatives.] [Alternative #1: If all funds are being obligated at once:] Budget Period: See Block 6 of Page 1 [Alternative #2: If funds are to be obligated in multiple project phases:] Base Phase Budget Period: [insert start and end dates] Option Phase 1 Budget Period: [reserved] 25 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 7 of 23 Option Phase 2 Budget Period: [reserved] 2.5 Grant Designation. Designation:[Planning and Demonstration] or [Implementation] ARTICLE 3 SUMMARY PROJECT INFORMATION 3.1 Summary of Project’s Statement of Work. Drafting Instructions: Provide a summary of the narrative from the grant application. Provide details on the work to be completed. The project will be completed in [one/two/three] phases as follows: Base Phase: Pre-NEPA: [describe work] Option Phase 1:Final Design, Right-of-Way, and Utility Relocation:[describe work] Option Phase 2: Construction:[describe work] 3.2 Project’s Estimated Schedule. Drafting Instructions: Provide the schedule for each significant deliverable from the grant application. The purpose of this section is to ensure that all SS4A funded activities are completed before the end of the Period of Performance and/or the budget period. Use the table(s) that pertain(s) to your project and delete the others. Please add additional action plan schedules if multiple action plans will be developed. 26 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 8 of 23 Action Plan Schedule Milestone Schedule Date Planned NEPA Completion Date:[INSERT DATE] Planned Draft Plan Completion Date: [INSERT DATE] Planned Final Plan Completion Date: [INSERT DATE] Planned Final Plan Adoption Date:[INSERT DATE] Planned SS4A Final Report Date:[INSERT DATE] Demonstration Activity Schedule Milestone Schedule Date Planned NEPA Completion Date:[INSERT DATE] Planned Construction Start Date [INSERT DATE] Planned Evaluation Period End Date:[INSERT DATE] Planned SS4A Final Report Date:[INSERT DATE] Supplemental Planning Schedule Milestone Schedule Date Planned NEPA Completion Date:[INSERT DATE] Planned Draft Plan Completion Date: [INSERT DATE] Planned Final Plan Completion Date: [INSERT DATE] Planned Final Plan Adoption Date:[INSERT DATE] Planned SS4A Final Report Date:[INSERT DATE] Implementation Schedule (Construction) Milestone Schedule Date Planned NEPA Completion Date:[INSERT DATE] Planned Construction Start Date [INSERT DATE] Planned Construction Substantial Completion and Open to Public Use Date: [INSERT DATE] Planned SS4A Final Report Date:[INSERT DATE] Implementation Schedule (Non-Construction) Milestone Schedule Date Planned NEPA Completion Date:[INSERT DATE] Planned Activity Completion Date:[INSERT DATE] 27 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 9 of 23 Planned SS4A Final Report Date:[INSERT DATE] 3.3 Project’s Estimated Costs. Provide the costs from the grant application. Any changes should be documented in Attachment B. (a) Eligible Project Costs Eligible Project Costs SS4A Grant Amount:[$XXX] Other Federal Funds:[$XXX] State Funds:[$XXX] Local Funds:[$XXX] In-Kind Match:[$XXX] Other Funds:[$XXX] Total Eligible Project Cost:[$XXX] (b) Cost Classification Table – Planning and Demonstration Grants with demonstration activities and Implementation Grants Only Drafting Instructions: Utilize the descriptions from the SF-424C (https://www.grants.gov/forms/sf-424- family.html) to determine what cost goes in each row. 28 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 10 of 23 Cost Classification Total Costs Non-SS4A Previously Incurred Costs Eligible Costs Administrative and legal expenses Land, structures, rights-of-way, appraisals, etc. Relocation expenses and payments Architectural and engineering fees Other architectural and engineering fees Project inspection fees Site work Demolition and removal Construction Equipment Miscellaneous Contingency Project Total [If no costs are anticipated in a category, remove the row from the table.] (c) Indirect Costs Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding. ARTICLE 4 RECIPIENT INFORMATION 4.1 Recipient Contact(s). [Insert information for the person designated as the official contact.] [enter name] [enter job title] [enter organization] [enter address] [enter telephone] [enter email address] 29 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 11 of 23 4.2 Recipient Key Personnel. [Insert name of key personnel who will be responsible for completing the task. Add rows to identify as many key personnel as necessary] Name Title or Position [Insert name][insert title] 4.3 USDOT Project Contact(s). Safe Streets and Roads for All Program Manager Federal Highway Administration Office of Safety HSSA-1, Mail Stop: E71-117 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-366-2822 SS4A.FHWA@dot.gov and Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-33, Mail Stop E62-310 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-493-2402 HCFASS4A@dot.gov and Division Administrator – [enter name of State] Agreement Officer’s Representative (AOR) [enter Division Office address] [enter Division Office telephone] [enter Division Office email address] and [enter name] [enter State] Division Office Lead Point of Contact [enter job title] [enter address] [enter telephone] [enter Division Office Email Address] 30 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 12 of 23 ARTICLE 5 USDOT ADMINISTRATIVE INFORMATION 5.1 Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management SUBAWARDS AND CONTRACTS APPROVAL Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract). Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to grants that do not include construction. In accordance with 2 CFR 200.308(c)(6), unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement. The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. 5.2 Reimbursement Requests (a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “AOR”) may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the AORreviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e)In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System. 31 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 13 of 23 The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver. (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients. ARTICLE 6 SPECIAL GRANT TERMS 6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement. 6.2.The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements. 6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures. 6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the [Action Plan] [Supplemental Action Plan]will be made publicly available and agrees that it will publish the final [Action Plan] [Supplemental Action Plan]on a publicly available website. 6.5 The Recipient of a Planning and Demonstration Grant that involves a demonstration activity agrees to provide an assessment of each demonstration activity and update the existing Action Plan, which will incorporate the information gathered in the Action Plan’s list of projects or strategies and/or inform another part of the existing Action Plan. The Recipient also agrees that demonstration activities are temporary in nature and must be removed and/or ended following the conclusion of the project if the assessment of the demonstration activities does not affirm that the activities provide safety benefits. 6.6 The Recipient of an Implementation Grant agrees to update its Action Plan within two years of the date of this agreement to: align with all Comprehensive Safety Action Plan components in Table 1 of the SS4A FY 2023 NOFO corresponding with any “no” responses in the Self-Certification Eligibility Worksheet; ensure that the Action Plan’s safety focus includes all road users, including pedestrians, bicyclists, and motor vehicle safety; and ensure that the Action Plan was last updated not more than three years prior. 6.7 The Recipient acknowledges that it is required to conduct certain environmental analyses and to prepare and submit to FHWA, or State with applicable NEPA Assignment authority, documents required under NEPA, and other applicable environmental statutes and regulations before the Government will obligate funds for Option Phase 1 under this agreement and provide the Recipient with a written notice to proceed with Option Phase 1. 6.8 The Government’s execution of this agreement does not in any way constitute pre-approval or waiver of any of the regulations imposed upon Recipient under the applicable Federal rules, regulations and laws regarding SS4A projects undertaken in accordance with the terms and conditions of this agreement. The Recipient shall comply with all applicable Federal requirements before incurring any costs under this agreement. 32 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 14 of 23 6.9 There are no other special grant requirements. 33 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 15 of 23 ATTACHMENT A PERFORMANCE MEASUREMENT INFORMATION Study Area:[Insert description of the project location] Baseline Measurement Date:[insert date when the Recipient anticipates beginning the construction of the project] Baseline Report Date:[insert date two months after the Baseline Measurement Date] Table 1: Performance Measure Table Measure Category and Description Measurement Frequency and Reporting Deadline Safety Performance [for Implementation Grants and Planning and Demonstration Grants with demonstration activities] Fatalities: Total annual fatalities in the project location(s) Annually and within 120 days after the end of the period of performance Safety Performance [for Implementation Grants and Planning and Demonstration Grants with demonstration activities] Serious Injuries: Total annual serious injuries in the project location(s) [if available] Annually and within 120 days after the end of the period of performance Safety Performance [for Implementation Grants and Planning and Demonstration Grants with demonstration activities] Crashes by Road User Category: Total annual crashes in the project location(s) broken out by types of roadway users involved (e.g., pedestrians, bicyclists, motorcyclist, passenger vehicle occupant, commercial vehicle occupant) Annually and within 120 days after the end of the period of performance Equity [for all Grants] Percent of Funds to Underserved Communities: Funding amount (of total project amount) benefitting underserved communities, as defined by USDOT Within 120 days after the end of the period of performance Costs [for all Grants] Project Costs: Quantification of the cost of each eligible project carried out using the grant Within 120 days after the end of the period of performance 34 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 16 of 23 Measure Category and Description Measurement Frequency and Reporting Deadline Outcomes and Benefits [for Implementation Grants and Planning and Demonstration Grants with demonstration activities] Quantitative Project Benefits: Quantification of evidence-based projects or strategies implemented (e.g., miles of sidewalks installed, number of pedestrian crossings upgraded, etc.) Within 120 days after the end of the period of performance Outcomes and Benefits [for Implementation Grants and Planning and Demonstration Grants with demonstration activities] Qualitative Project Benefits: Qualitative description of evidence-based projects or strategies implemented (e.g., narrative descriptions, testimonials, high-quality before and after photos, etc.) Within 120 days after the end of the period of performance Outcomes and Benefits [for Implementation Grants and Planning and Demonstration Grants with demonstration activities] Project Location(s): GIS/geo coordinate information identifying specific project location(s) Within 120 days after the end of the period of performance Lessons Learned and Recommendations [for all Grants] Lessons Learned and Recommendations: Description of lessons learned and any recommendations relating to future projects or strategies to prevent death and serious injury on roads and streets. Within 120 days after the end of the period of performance 35 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 17 of 23 ATTACHMENT B CHANGES FROM APPLICATION Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert “N/A” in Section 3.3 of the table. Scope: Schedule: Budget: The table below provides a summary comparison of the project budget. Fund Source Application Section 3.3 $%$% Previously Incurred Costs (Non-Eligible Project Costs) Federal Funds Non-Federal Funds Total Previously Incurred Costs Future Eligible Project Costs SS4AFunds Other Federal Funds Non-Federal Funds Total Future Eligible Project Costs Total Project Costs 36 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 18 of 23 ATTACHMENT C RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1.Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with “X” in the following table align with the application: A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.) The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.) The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.) The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below. The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but intends to take relevant actions described in the supporting narrative below. The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 2.Supporting Narrative. [Insert supporting text, as described in the table above.] 37 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 19 of 23 ATTACHMENT D CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS 1.Consideration of Climate Change and Environmental Justice Impacts. The Recipient states that rows marked with “X” in the following table align with the application: The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Recipient or a project partner used environmental justice tools, such as the EJScreen, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.) The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.) The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.) The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.) The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.) The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.) The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.) The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.) The Project supports or incorporates the construction of energy- and location- efficient buildings. (Describe how in the supporting narrative below.) 38 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 20 of 23 The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.) The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project, as described in the supporting narrative below. The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but will take relevant actions described in the supporting narrative below. The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award. 2.Supporting Narrative. [Insert supporting text, as described in the table above.] 39 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 21 of 23 ATTACHMENT E LABOR AND WORKFORCE 1.Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table align with the application: The Recipient demonstrate, to the full extent possible consistent with the law, an effort to create good-paying jobs with the free and fair choice to join a union and incorporation of high labor standards.(Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project. (Describe the relevant provisions in the supporting narrative below.) The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.) The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.) The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.) The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) 40 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 22 of 23 The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including: a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements and meet the requirements as outlined in the Notice of Funding Opportunity to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color; c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and f. maintaining robust anti-retaliation measures covering employees and contractors. (Describe the equal opportunity plan in the supporting narrative below.) The Recipient has taken other actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the project, will take relevant actions described in the supporting narrative below. The Recipient has not taken actions related to the Project to improving good- paying jobs and strong labor standards and will not take those actions under this award. 2.Supporting Narrative. [Insert supporting text, as described in the table above.] 41 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 01-04-2024 23 of 23 ATTACHMENT F CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE 1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats. The Recipient states that rows marked with “X” in the following table are accurate: The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the activities. The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Security. For projects in floodplains: The Recipient appropriately considered whether the project was upgraded consistent with the Federal Flood Risk Management Standard, to the extent consistent with current law, in Executive Order 14030, Climate-Related Financial Risk (86 FR 27967), and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Solicit and Considering Stakeholder Input (80 FR 6425). 2. Supporting Narrative. [Insert supporting text, as described in the table above.] 42 1 of 30 U.S. DEPARTMENT OF TRANSPORTATION GENERAL TERMS AND CONDITIONS UNDER THE FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR ALL (“SS4A”) GRANT PROGRAM: FHWA PROJECTS Date: January 4, 2024 43I 2 of 30 Table of Contents Article 7 Purpose............................................................................................................................. 6 7.1 Purpose. ......................................................................................................................................... 6 Article 8 USDOT Role.................................................................................................................... 6 8.1 Division of USDOT Responsibilities. ........................................................................................... 6 8.2 USDOT Program Contact. ............................................................................................................ 7 Article 9 Recipient Role.................................................................................................................. 7 9.1 Statements on the Project. ............................................................................................................. 7 9.2 Statements on Authority and Capacity. ......................................................................................... 7 9.3 USDOT Reliance. ......................................................................................................................... 8 9.4 Project Delivery. ........................................................................................................................... 8 9.5 Rights and Powers Affecting the Project. ..................................................................................... 8 9.6 Notification of Changes to Key Personnel. ................................................................................... 9 Article 10 Award Amount, Obligation, and Time Periods ............................................................. 9 10.1 Federal Award Amount ................................................................................................................. 9 10.2 Federal Obligations. ...................................................................................................................... 9 10.3 Budget Period .............................................................................................................................. 10 10.4 Period of Performance. ............................................................................................................... 10 Article 11 Statement of Work, Schedule, and Budget Changes ................................................... 11 11.1 Notification Requirement. ........................................................................................................... 11 11.2 Statement of Work Changes. ...................................................................................................... 11 11.3 Schedule Changes. ...................................................................................................................... 11 11.4 Budget Changes. ......................................................................................................................... 11 11.5 USDOT Acceptance of Changes. ................................................................................................ 12 Article 12 General Reporting Terms............................................................................................. 12 12.1 Report Submission. ..................................................................................................................... 12 12.2 Alternative Reporting Methods. .................................................................................................. 13 12.3 Paperwork Reduction Act Notice. .............................................................................................. 13 Article 13 Progress and Financial Reporting ................................................................................ 13 13.1 Quarterly Performance Progress Reports. ................................................................................... 13 13.2 Quarterly Financial Status. .......................................................................................................... 13 Article 14 Performance Reporting ................................................................................................ 13 14.1 Baseline Performance Measurement. .......................................................................................... 13 14.2 SS4A Final Report: The Recipient shall submit to the USDOT, not later than 120 days after the end of the period of performance, a report in the format specified by FHWA and with the content described in Attachment A that describes, consistent with sections 24112(g)-(h) of BIL: ......................................................................................................................................... 14 Article 15 Noncompliance and Remedies ..................................................................................... 15 15.1 Noncompliance Determinations. ................................................................................................. 15 15.2 Remedies. .................................................................................................................................... 15 15.3 Other Oversight Entities.............................................................................................................. 16 Article 16 Agreement Termination ............................................................................................... 16 16.1 USDOT Termination. ................................................................................................................. 16 16.2 Closeout Termination. ................................................................................................................. 17 16.3 Post-Termination Adjustments. .................................................................................................. 17 16.4 Non-Terminating Events. ............................................................................................................ 17 16.5 Other Remedies. .......................................................................................................................... 17 Article 17 Monitoring, Financial Management, Controls, and Records ....................................... 18 17.1 Recipient Monitoring and Record Retention. ............................................................................. 18 44 3 of 30 17.2 Financial Records and Audits. .................................................................................................... 18 17.3 Internal Controls. ........................................................................................................................ 18 17.4 USDOT Record Access. ............................................................................................................. 19 Article 18 Contracting and Subawards ......................................................................................... 19 18.1 Build America, Buy America. This award term implements § 70914(a) of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021) and Office of Management and Budget (OMB) Memorandum M-22-11, “Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.” ................................................................................ 19 18.2 Small and Disadvantaged Business Requirements. .................................................................... 21 18.3 Engineering and Design Services. .............................................................................................. 21 18.4 Foreign Market Restrictions........................................................................................................ 21 18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. .. 21 18.6 Recipient Responsibilities for Subawards. .................................................................................. 22 18.7 Subaward and Contract Authorization. ....................................................................................... 22 Article 19 Costs, Payments, and Unexpended Funds ................................................................... 22 19.1 Limitation of Federal Award Amount. ....................................................................................... 22 19.2 Projects Costs. ............................................................................................................................. 22 19.3 Timing of Project Costs. ............................................................................................................. 22 19.4 Recipient Recovery of Federal Funds. ........................................................................................ 22 19.5 Unexpended Federal Funds. ........................................................................................................ 22 19.6 Timing of Payments to the Recipient. When reimbursement is used, the Recipient shall not request reimbursement of a cost before the Recipient has entered an obligation for that cost. ................................................................................................................................................ 23 19.7 Payment Method. The USDOT may deny a payment request that is not submitted using the method identified in section 5.2.............................................................................................. 23 19.8 Information Supporting Expenditures ......................................................................................... 23 19.9 Reimbursement Frequency. ........................................................................................................ 23 19.10 Match. ......................................................................................................................................... 23 Article 20 Liquidation, Adjustments, and Funds Availability ...................................................... 23 20.1 Liquidation of Recipient Obligations. ......................................................................................... 23 Article 21 Agreement Modifications ............................................................................................ 24 21.1 Bilateral Amendments................................................................................................................. 24 21.2 Unilateral Contact Modifications. ............................................................................................... 24 21.3 USDOT Unilateral Modifications. .............................................................................................. 24 21.4 Other Modifications. ................................................................................................................... 24 Article 22 Climate Change and Environmental Justice ................................................................ 24 22.1 Climate Change and Environmental Justice. .............................................................................. 24 Article 23 Racial Equity and Barriers to Opportunity .................................................................. 24 23.1 Racial Equity and Barriers to Opportunity.................................................................................. 24 Article 24 Federal Financial Assistance, Administrative, and National Policy Requirements .... 25 24.1 Uniform Administrative Requirements for Federal Awards. ...................................................... 25 24.2 Federal Law and Public Policy Requirements. ........................................................................... 25 24.3 Federal Freedom of Information Act. ......................................................................................... 25 24.4 History of Performance. .............................................................................................................. 25 24.5 Whistleblower Protection. ........................................................................................................... 25 24.6 External Award Terms and Obligations. ..................................................................................... 25 24.7 Incorporated Certifications. ........................................................................................................ 26 Article 25 Assignment .................................................................................................................. 26 25.1 Assignment Prohibited. ............................................................................................................... 26 45I 4 of 30 Article 26 Waiver .......................................................................................................................... 26 26.1 Waivers. ...................................................................................................................................... 26 Article 27 Additional Terms and Conditions ................................................................................ 27 27.1 Effect of Planning and Demonstration or Implementation Award. ............................................ 27 27.2 Disclaimer of Federal Liability. .................................................................................................. 27 27.3 Environmental Review ................................................................................................................ 27 27.4 Railroad Coordination. If the agreement includes one or more milestones identified as a “Railroad Coordination Agreement,” then for each of those milestones, the Recipient shall enter a standard written railroad coordination agreement, consistent with 23 C.F.R. 646.216(d), no later than the deadline date identified for that milestone, with the identified railroad for work and operation within that railroad’s right-of-way....................................... 28 27.5 Relocation and Real Property Acquisition. ................................................................................. 28 27.6 Equipment Disposition. ............................................................................................................... 29 Article 28 Mandatory Award Information .................................................................................... 29 28.1 Information Contained in a Federal Award. ............................................................................... 29 Article 29 Construction and Definitions ....................................................................................... 29 29.1 Attachments. ............................................................................................................................... 29 29.2 Exhibits. ...................................................................................................................................... 29 29.3 Construction. ............................................................................................................................... 30 29.4 Integration. .................................................................................................................................. 30 29.5 Definitions. .................................................................................................................................. 30 Article 30 Agreement Execution and Effective Date ................................................................... 30 30.1 Counterparts. ............................................................................................................................... 30 30.2 Effective Date. ............................................................................................................................ 30 46I 5 of 30 Index of Definitions Administering Operating Administration ....................................................................................... 7 Environmental Review Entity…………………………………………………………………....25 Federal Share ................................................................................................................................ 11 FHWA ............................................................................................................................................. 7 NOFO .............................................................................................................................................. 6 OMB ............................................................................................................................................. 11 Program Statute ............................................................................................................................. 28 Project……………………………………………………………………………………………19 Project Closeout ............................................................................................................................ 16 SS4A Grant ................................................................................................................................... 28 USDOT ........................................................................................................................................... 6 47 6 of 30 GENERAL TERMS AND CONDITIONS The Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “Bipartisan Infrastructure Law” or “BIL”) established the Safe Streets and Roads for All (the “SS4A”) Discretionary Grant Program (BIL Section 24112) and appropriated funds to the United States Department of Transportation (the “USDOT”) under Division J, Title VIII of BIL to implement the program. The funds are available to provide Federal financial assistance to support local initiatives to prevent death and serious injury on roads and streets, commonly referred to as “Vision Zero” or “Toward Zero Deaths” initiatives. The USDOT published a Notice of Funding Opportunity (the “NOFO”) to solicit applications for Federal financial assistance in Fiscal Year 2023 for the SS4A Discretionary Grant Program (88 Fed. Reg. 22090, April 12, 2023). These general terms and conditions are incorporated by reference in a project-specific grant agreement under the fiscal year 2023 SS4A grant program. Articles 1–6 are in the project- specific portion of the agreement. The term “Recipient” is defined in the project-specific portion of the agreement. Attachments A through F are project-specific attachments. ARTICLE 7 PURPOSE 7.1 Purpose. The purpose of this award is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development or projects focused on all users, including pedestrians, bicyclists, public transportation users, motorists, personal conveyance and micromobility users, and commercial vehicle operators. The parties will accomplish that purpose by achieving the following objectives: (1) timely completing the Project; and (2) ensuring that this award does not substitute for non-Federal investment in the Project, except as proposed in the Grant Application, as modified by section 3.3 and Attachment B. ARTICLE 8 USDOT ROLE 8.1 Division of USDOT Responsibilities. (a) The Office of the Secretary of Transportation is ultimately responsible for the USDOT’s administration of the SS4A Grant Program. 48I 7 of 30 (b) The Federal Highway Administration (the “FHWA”) will administer this grant agreement on behalf of the USDOT. In this agreement, the “Administering Operating Administration” means the FHWA. 8.2 USDOT Program Contact. Safe Streets and Roads for All Federal Highway Administration Office of Safety 1200 New Jersey Avenue SE HSSA-1, Mail Drop E71-117 Washington, DC 20590 SS4A.FHWA@dot.gov (202) 366-2822 ARTICLE 9 RECIPIENT ROLE 9.1 Statements on the Project. The Recipient states that: (1) all material statements of fact in the Grant Application were accurate when that application was submitted; and (2) Attachment B documents all material changes in the information contained in that application. 9.2 Statements on Authority and Capacity. The Recipient states that: (1) it has the authority to receive Federal financial assistance under this agreement; (2) it has the legal authority to complete the Project, including either ownership and/or maintenance responsibilities over a roadway network; safety responsibilities that affect roadways; or has an agreement from the agency that has ownership and/or maintenance responsibilities for the roadway within the applicant’s jurisdiction; if applicable; (3) it has the capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement; (4) not less than the difference between the “Total Eligible Project Cost” and the “SS4A Grant Amount” listed in section 3.3 are committed to fund the Project; (5) it has sufficient funds available, or an agreement with the agency that has ownership and/or maintenance responsibilities for the roadway within the 49I 8 of 30 recipient’s jurisdiction, to ensure that infrastructure completed or improved under this agreement will be operated and maintained in compliance with this agreement and applicable Federal law; and (6) the individual executing this agreement on behalf of the Recipient has authority to enter this agreement and make the statements in this article 9 and in section 24.7 on behalf of the Recipient. 9.3 USDOT Reliance. The Recipient acknowledges that: (1) the USDOT relied on statements of fact in the Grant Application to select the Project to receive this award; (2) the USDOT relied on statements of fact in both the Grant Application and this agreement to determine that the Recipient and the Project are eligible under the terms of the NOFO; (3) the USDOT relied on statements of fact in both the Grant Application and this agreement to establish the terms of this agreement; and (4) the USDOT’s selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants. 9.4 Project Delivery. (a) The Recipient shall complete the Project under the terms of this agreement. (b) The Recipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all applicable Federal laws, regulations, and policies. (c) The Recipient shall provide any certifications or assurances deemed necessary by the USDOT in ensuring the Recipient’s compliance with all applicable laws, regulations, and policies. (d) The Recipient shall provide access to records as provided at 2 C.F.R. 200.337. 9.5 Rights and Powers Affecting the Project. (a) The Recipient shall not take or permit any action that deprives it of any rights or powers necessary to the Recipient’s performance under this agreement without written approval of the USDOT. (b) The Recipient shall act, in a manner acceptable to the USDOT, promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient’s performance under this agreement. 50I 9 of 30 9.6 Notification of Changes to Key Personnel. The Recipient shall notify all USDOT representatives who are identified in Section 4.3 in writing within 30 calendar days of any change in key personnel who are identified in Section 4.2. ARTICLE 10 AWARD AMOUNT, OBLIGATION, AND TIME PERIODS 10.1 Federal Award Amount The USDOT hereby awards a SS4A Grant to the Recipient in the amount listed in section 2.2 as the SS4A Grant Amount. 10.2 Federal Obligations. This agreement obligates funds for the period of performance listed on Page 1, Block 6 of the grant agreement. (a) If the Federal Obligation Type identified in section 2.3 is “Single,” then the project- specific agreement obligates for the budget period the amount listed in section 2.2. as the Grant Amount and sections 10.2 (c)–10.2(f) do not apply to the project specific agreement. (b) If the Federal Obligation Type identified in section 2.3 is “Multiple,” (for phased agreements) then an amount up to the Grant Amount listed in section 2.2 will be obligated with one initial obligation and one or more subsequent, optional obligations, as described in sections 10.2(c)–10.2(f). (c) The Obligation Condition Table in section 2.3 allocates the Grant funds among separate phases of the Project for the purpose of the Federal obligation of funds. The scope of each phase of the Project that is identified in that table is described in section 2.3. (d) The project-specific agreement obligates for the budget period only the amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table does not list an obligation condition. (e) The project-specific agreement does not obligate amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table lists an obligation condition. The parties may obligate the amounts allocated to those portions of the Project only by modifying the project specific agreement under section 21. (f) For each portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, the amount allocated in that table to that portion of the Project will be obligated if the condition is met not later than the date listed in Section 2.4 of the project-specific agreement. 51I 10 of 30 (g) For any portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, if the obligation condition is satisfied, the parties amend this agreement documenting that: (1) the FHWA determines that the obligation condition listed in that table for that portion of the Project is satisfied; and (2) the FHWA determines that all applicable Federal requirements for obligating the amount are satisfied. (h) The Recipient shall not request reimbursement of costs for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 10.2(c)-(f). (i) Reserved. (j) The Recipient acknowledges that: (1) the FHWA is not liable for payments for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 10.2(c)-(f); (2) any portion of the Grant that is not obligated under this section 10.2 by the budget period end date identified in the project-specific agreement for those funds lapses on the day after that date and becomes unavailable for the Project; and (3) the FHWA may consider the failure to obligate funds by the budget period end date identified in the project-specific agreement as applicable to the Grant Program for those funds to be a basis for terminating the project-specific agreement under section 16. 10.3 Budget Period The budget period for this award begins on the effective date of this agreement and ends on the budget period end date that is listed in section 2.4, which shall be no later than 5 years from the date of grant execution. In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1. 10.4 Period of Performance. (a) The period of performance for this award begins on the effective date of award listed in page 1 item 2 and ends on the period of performance end date that is listed in Page 1, Block 6. (b) In this agreement, “period of performance” is used as defined at 2 C.F.R. 200.1. 52■ 11 of 30 ARTICLE 11 STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES 11.1 Notification Requirement. The Recipient shall notify all USDOT representatives who are identified in section 4.4 in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Recipient’s plan to complete the Project. In that notification, the Recipient shall describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. This notification requirement under this section 11.1 is separate from any requirements under this article 11 that the Recipient request amendment of this agreement. 11.2 Statement of Work Changes. If the Project’s activities differ from the statement of work that is described in section 3.1 and Attachment B, then the Recipient shall request an amendment of this agreement to update section 3.1. 11.3 Schedule Changes. If one or more of the following conditions are satisfied, then the Recipient shall request an amendment of this agreement to update the relevant dates: (1) a substantial completion date for the Project or a component of the Project that is listed in section 3.2 and the Recipient’s estimate for that milestone changes to a date that is more than six months after the date listed in section 3.2; or (2) a schedule change would require the period of performance to continue after the period of performance end date listed on Page 1, Block 6. For other schedule changes, the Recipient shall request an amendment of this agreement unless the USDOT has consented, in writing consistent with applicable requirements, to the change. 11.4 Budget Changes. (a) The Recipient acknowledges that if the cost of completing the Project increases: (1) that increase does not affect the Recipient’s obligation under this agreement to complete the Project; and (2) the USDOT will not increase the amount of this award to address any funding shortfall. (b) The Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B if, in comparing the Project’s budget to the amounts listed in section 3.3: (1) the “Non-Federal Funds” amount decreases; or (2) the “Total Eligible Project Cost” amount decreases. 53■ 12 of 30 (c) For budget changes that are not identified in section 11.4(b), the Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B unless the USDOT has consented, in writing consistent with applicable requirements, to the change. (d) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3, then the Recipient may propose to the USDOT, in writing consistent with applicable requirements, specific additional activities that are within the scope of this award, as defined in sections 7.1 and 3.1, and that the Recipient could complete with the difference between the “Total Eligible Project Cost” that is listed in section 3.3 and the actual eligible project costs. (e) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3 and either the Recipient does not make a proposal under section 11.4(d) or the USDOT does not accept the Recipient’s proposal under section 11.4(d), then: (1) in a request under section 11.4(b), the Recipient shall reduce the Federal Share by the difference between the “Total Eligible Project Cost” that is listed in section 3.3 and the actual eligible project costs; and (2) if that amendment reduces this award and the USDOT had reimbursed costs exceeding the revised award, the Recipient shall request to add additional project work that is within the scope of this project. In this agreement, “Federal Share” means the sum of the “SS4A Grant Amount” and the “Other Federal Funds” amounts that are listed in section 3.3(a). (f) The Recipient acknowledges that amounts that are required to be refunded under section 11.4(e)(2) constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999). 11.5 USDOT Acceptance of Changes. The USDOT may accept or reject amendments requested under this article 11, and in doing so may elect to consider only the interests of the SS4A grant program and the USDOT. The Recipient acknowledges that requesting an amendment under this article 11 does not amend, modify, or supplement this agreement unless the USDOT accepts that amendment request and the parties modify this agreement under section 21.1. ARTICLE 12 GENERAL REPORTING TERMS 12.1 Report Submission. The Recipient shall send all reports required by this agreement to all USDOT contacts who are listed in section 4.4. Reports will be added to a central repository maintained by FHWA. 54■ 13 of 30 12.2 Alternative Reporting Methods. FHWA may establish processes for the Recipient to submit reports required by this agreement, including electronic submission processes. If the Recipient is notified of those processes in writing, the Recipient shall use the processes required by the FHWA. 12.3 Paperwork Reduction Act Notice. Under 5 C.F.R. 1320.6, the Recipient is not required to respond to a collection of information that does not display a currently valid control number issued by the Office of Management and Budget (the “OMB”). Collections of information conducted under this agreement are approved under OMB Control No. 2125-0675. ARTICLE 13 PROGRESS AND FINANCIAL REPORTING 13.1 Quarterly Performance Progress Reports. Quarterly, on or before the 20th day of the first month of each calendar year (e.g., reports due on or before January 20th, April 20th, July 20th, and October 20th) and until the end of the period of performance, the Recipient shall submit to the USDOT a Quarterly Performance Progress Report in the format and with the content described in Exhibit C. If the date of this agreement is in the final month of a calendar year, then the Recipient shall submit the first Quarterly Performance Progress Report in the second calendar year that begins after the date of this agreement. 13.2 Quarterly Financial Status. Quarterly, on or before the 20th day of the first month of each calendar year (e.g., reports due on or before January 20th, April 20th, July 20th, and October 20th) and until the end of the period of performance, the Recipient shall submit a Federal Financial Report using SF-425. ARTICLE 14 PERFORMANCE REPORTING 14.1 Baseline Performance Measurement. Recipients of Implementation Grants or Planning and Demonstration Grants with demonstration activities shall: (1) collect data for each performance measure that is identified in the Performance Measure Table in Attachment A, accurate as of the Baseline Measurement Date that is identified in Attachment A; and (2) on or before the Baseline Report Date that is stated in Attachment A, the Recipient shall submit a Baseline Performance Measurement Report that contains the data collected under this section 14.1 and a detailed description of the data sources, assumptions, variability, and estimated levels of precision for each performance measure that is identified in the Performance Measure Table in Attachment A. 55■ 14 of 30 14.2 SS4A Final Report: The Recipient shall submit to the USDOT, not later than 120 days after the end of the period of performance, a report in the format specified by FHWA and with the content described in Attachment A that describes, consistent with sections 24112(g)-(h) of BIL: (1) the costs of each eligible project and strategy carried out using the grant; (2) the roadway safety outcomes and any additional benefits (e.g., increased walking, biking, or transit use without a commensurate increase in serious and fatal crashes, etc.) that each such project and strategy has generated, as— • identified in the grant application; and • measured by data to the maximum extent practicable; (3) the percent of funds spent in, and providing benefits to, underserved communities; and (4) the lessons learned, and any recommendations related to future projects or strategies to prevent death and serious injuries on roads and streets. 14.3 Performance Measurement Information. For each performance measure identified to be submitted annually in the Performance Measure Table in Attachment A, not later than January 31 of each year, the Recipient shall submit to the USDOT a Performance Measurement Report containing the data collected in the previous calendar year and stating the dates when the data was collected. 14.4 Performance Reporting Survival. The data collection and reporting requirements in this article 14 survive the termination of this agreement which is three years post period of performance. 14.5 Program Evaluation. As a condition of grant award, the recipient may be required to participate in an evaluation undertaken by USDOT, or another agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients, an impact and/or outcomes analysis of all or selected sites within or across grant recipients, before/after photographs of the sites, qualitative activities such as videos describing the project and its impact on the community, or a benefit/cost analysis or assessment of return on investment. The Department may require applicants to collect data elements to aid the evaluation. As a part of the evaluation, as a condition of award, grant recipients must agree to: (1) make records available to the evaluation contractor; (2) provide access to program records, and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or USDOT staff. 56■ 15 of 30 ARTICLE 15 NONCOMPLIANCE AND REMEDIES 15.1 Noncompliance Determinations. (a) If the USDOT determines that the Recipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this agreement, the USDOT may notify the Recipient of a proposed determination of noncompliance. For the notice to be effective, it must be written and the USDOT must include an explanation of the nature of the noncompliance, describe a remedy, state whether that remedy is proposed or effective at an already determined date, and describe the process through and form in which the Recipient may respond to the notice. (b) If the USDOT notifies the Recipient of a proposed determination of noncompliance under section 15.1(a), the Recipient may, not later than 7 calendar days after the notice, respond to that notice in the form and through the process described in that notice. In its response, the Recipient may: (1) accept the remedy; (2) acknowledge the noncompliance, but propose an alternative remedy; or (3) dispute the noncompliance. To dispute the noncompliance, the Recipient must include in its response documentation or other information supporting the Recipient’s compliance. (c) The USDOT may make a final determination of noncompliance only: (1) after considering the Recipient’s response under section 15.1(b); or (2) if the Recipient fails to respond under section 15.1(b), after the time for that response has passed. (d) To make a final determination of noncompliance, the USDOT must provide a notice to the Recipient that states the basis for that determination. 15.2 Remedies. (a) If the USDOT makes a final determination of noncompliance under section 15.1(d), the USDOT may impose a remedy, including: (1) additional conditions on the award; (2) any remedy permitted under 2 C.F.R. 200.339–200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to USDOT; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; or 57■ 16 of 30 (3) any other remedy legally available. (b) To impose a remedy, the USDOT must provide a written notice to the Recipient that describes the remedy, but the USDOT may make the remedy effective before the Recipient receives that notice. (c) If the USDOT determines that it is in the public interest, the USDOT may impose a remedy, including all remedies described in section 15.2(a), before making a final determination of noncompliance under section 15.1(d). If it does so, then the notice provided under section 15.1(d) must also state whether the remedy imposed will continue, be rescinded, or modified. (d) In imposing a remedy under this section 15.2 or making a public interest determination under section 15.2(c), the USDOT may elect to consider the interests of only the USDOT. (e) The Recipient acknowledges that amounts that the USDOT requires the Recipient to refund to the USDOT due to a remedy under this section 15.2 constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999). 15.3 Other Oversight Entities. Nothing in this article 15 limits any party’s authority to report activity under this agreement to the United States Department of Transportation Inspector General or other appropriate oversight entities. ARTICLE 16 AGREEMENT TERMINATION 16.1 USDOT Termination. (a) The USDOT may terminate this agreement and all its obligations under this agreement if any of the following occurs: (1) the Recipient fails to obtain or provide any non-SS4A Grant contribution (all eligible project costs other than the SS4A Grant Amount, as described in section 3.3(a) of the grant agreement) or alternatives approved by the USDOT as provided in this agreement and consistent with article 3; (2) a construction start date for the project or strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section 3.2; 58■ 17 of 30 (3) a substantial completion date for the project or strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section 3.2; (4) the Recipient fails to comply with the terms and conditions of this agreement, including a material failure to comply with the schedule in section 3.2 even if it is beyond the reasonable control of the Recipient; or, (5) the USDOT determines that termination of this agreement is in the public interest. (6) the Recipient fails to expend the funds within 5 years after the date on which the government executes the grant agreement, which is the date funds are provided for the project. (b) In terminating this agreement under this section, the USDOT may elect to consider only the interests of the USDOT. (c) This section 16.1 does not limit the USDOT’s ability to terminate this agreement as a remedy under section 15.2. (d) The Recipient may request that the USDOT terminate the agreement under this section 16.1. 16.2 Closeout Termination. (a) This agreement terminates on Project Closeout. (b) In this agreement, “Project Closeout” means the date that the USDOT notifies the Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout should occur no later than one year after the end of the period of performance. 16.3 Post-Termination Adjustments. The Recipient acknowledges that under 2 C.F.R. 200.345–200.346, termination of the agreement does not extinguish the USDOT’s authority to disallow costs, including costs that USDOT reimbursed before termination, and recover funds from the Recipient. 16.4 Non-Terminating Events. (a) The end of the period of performance described under section 10.4 does not terminate this agreement or the Recipient’s obligations under this agreement. (b) The liquidation of funds under section 20.1 does not terminate this agreement or the Recipient’s obligations under this agreement. 16.5 Other Remedies. The termination authority under this article 16 supplements and does not limit the USDOT’s remedial authority under article 15 or 2 C.F.R. part 200, including 2 C.F.R. 200.339–200.340. 59■ 18 of 30 ARTICLE 17 MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS 17.1 Recipient Monitoring and Record Retention. (a) The Recipient shall monitor activities under this award, including activities under subawards and contracts, to ensure: (1) that those activities comply with this agreement; and (2) that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award. (b) If the Recipient makes a subaward under this award, the Recipient shall monitor the activities of the subrecipient in compliance with 2 C.F.R. 200.332(d). (c) The Recipient shall retain records relevant to the award as required under 2 C.F.R. 200.334. 17.2 Financial Records and Audits. (a) The Recipient shall keep all project accounts and records that fully disclose the amount and disposition by the Recipient of the award funds, the total cost of the project, and the amount or nature of that portion of the cost of the project supplied by other sources, and any other financial records related to the project. (b) The Recipient shall keep accounts and records described under section 17.2(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 200.301–200.303, 2 C.F.R. part 200, subpart F, and title 23, United States Code, and will facilitate an effective audit in accordance with 31 U.S.C. 7501–7506. (c) The Recipient shall separately identify expenditures under the fiscal year 2023 SS4A grants program in financial records required for audits under 31 U.S.C. 7501–7506. Specifically, the Recipient shall: (1) list expenditures under that program separately on the schedule of expenditures of Federal awards required under 2 C.F.R. part 200, subpart F, including “FY 2023” in the program name; and (2) list expenditures under that program on a separate row under Part II, Item 1 (“Federal Awards Expended During Fiscal Period”) of Form SF-SAC, including “FY 2023” in column c (“Additional Award Identification”). 17.3 Internal Controls. The Recipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303. 60■ 19 of 30 17.4 USDOT Record Access. The USDOT may access Recipient records related to this award under 2 C.F.R. 200.337. ARTICLE 18 CONTRACTING AND SUBAWARDS 18.1 Build America, Buy America. This award term implements § 70914(a) of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021) and Office of Management and Budget (OMB) Memorandum M-22-11, “Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.” Requirement to Use Iron, Steel, Manufactured Products, and Construction Materials Produced in the United States. The Recipient shall not use funds provided under this award for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. Inapplicability. The domestic content procurement preference in this award term only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers. 61■ 20 of 30 When necessary, the Recipient may apply for, and the USDOT may grant, a waiver from the domestic content procurement preference in this award term. A request to waive the application of the domestic content procurement preference must be in writing. The USDOT will provide instructions on the waiver process and on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Office of Management and Budget (OMB) Made in America Office. When the USDOT has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the USDOT determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at https://www.transportation.gov/office-policy/transportation-policy/made-in-america. Definitions “Construction materials” includes an article, material, or supply—other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of: • non-ferrous metals; • plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • lumber; or • drywall. “Domestic content procurement preference” means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. “Primarily iron or steel” means that the cost of the iron and steel content in the article, material, or supply exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron 62 21 of 30 or steel components. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign. “Project” means the development of a safety action plan (including supplemental and topical plans) or the temporary or permanent construction, alteration, maintenance, or repair of infrastructure in the United States. (a) Construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021), as implemented by OMB, USDOT, and FHWA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). (b) Under 2 C.F.R. 200.322, as appropriate and to the extent consistent with law, the Recipient should, to the greatest extent practicable under this award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The Recipient shall include the requirements of 2 C.F.R. 200.322 in all subawards including all contracts and purchase orders for work or products under this award. 18.2 Small and Disadvantaged Business Requirements. The Recipient shall expend all funds under this award in compliance with the requirements at 2 C.F.R. 200.321 (“Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms”). 18.3 Engineering and Design Services. The Recipient shall award each contract or sub- contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner that a contract for architectural and engineering services is negotiated under 2 C.F.R. 200.320 or an equivalent qualifications-based requirement prescribed for or by the Recipient. 18.4 Foreign Market Restrictions. The Recipient shall not allow funds provided under this award to be used to fund the use of any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. The Recipient acknowledges that Section 889 of Pub. L. No. 115-232, 2 C.F.R. 200.216 and 2 C.F.R. 200.471 prohibit the Recipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award. 63■ 22 of 30 18.6 Recipient Responsibilities for Subawards. If the Recipient makes a subaward under this award, the Recipient shall comply with the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333. 18.7 Subaward and Contract Authorization. If the USDOT Office for Subaward and Contract Authorization identified in section 5.1 is “FHWA Office of Acquisition and Grants Management,” then the Recipient shall obtain prior written approval from the USDOT agreement officer for the subaward or contracting out of any new work under this agreement for non-construction awards. This provision is in accordance with 2 CFR 200.308(c)(6) and does not apply to the acquisition of supplies, material, equipment or general support services. ARTICLE 19 COSTS, PAYMENTS, AND UNEXPENDED FUNDS 19.1 Limitation of Federal Award Amount. Under this award, the USDOT shall not provide funding greater than the amount obligated on the SS4A Grant cover page, Item 11, Federal Funds Obligated. The Recipient acknowledges that USDOT is not liable for payments exceeding that amount, and the Recipient shall not request reimbursement of costs exceeding that amount. 19.2 Projects Costs. This award is subject to the cost principles at 2 C.F.R. part 200 subpart E, including provisions on determining allocable costs and determining allowable costs. 19.3 Timing of Project Costs. (a) The Recipient shall not charge to this award costs that are incurred after the period of performance. (b) The Recipient shall not charge to this award costs that were incurred before the effective date of award of this agreement, unless there has been an approval of pre-award costs under 2 C.F.R. 200.458. 19.4 Recipient Recovery of Federal Funds. The Recipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT determines, after consultation with the Recipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award. The Recipient shall not enter a settlement or other final position, in court or otherwise, involving the recovery of funds under the award unless approved in advance in writing by the USDOT. 19.5 Unexpended Federal Funds. Any Federal funds that are awarded at section 10.1 but not expended on allocable, allowable costs remain the property of the United States. 64■ 23 of 30 19.6 Timing of Payments to the Recipient. When reimbursement is used, the Recipient shall not request reimbursement of a cost before the Recipient has entered an obligation for that cost. 19.7 Payment Method. The USDOT may deny a payment request that is not submitted using the method identified in section 5.2. 19.8 Information Supporting Expenditures (a) If the USDOT Payment System identified in section 5.2 is “DELPHI iSupplier,” then when requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs), shall identify the Federal share and the Recipient’s share of costs, and shall submit supporting cost detail to clearly document all costs incurred. As supporting cost detail, the Recipient shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, and travel. (b) If the Recipient submits a request for reimbursement that the USDOT determines does not include or is not supported by sufficient detail, the USDOT may deny the request or withhold processing the request until the Recipient provides sufficient detail. 19.9 Reimbursement Frequency. If the USDOT Payment System identified in section 5.2 is “DELPHI iSupplier,” then the Recipient shall not request reimbursement more frequently than monthly. 19.10 Match. The recipient should show on each request for reimbursement that at least 20 percent of the incurred costs will count towards match. If the recipient intends to vary the match percentage over the life of the project, it must communicate its plan to USDOT. The recipient is responsible for tracking match according to the plan. At the completion of the grant award, the cost share requirement must be met, and Federal funds must not exceed the project's Federal share. ARTICLE 20 LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY 20.1 Liquidation of Recipient Obligations. (a) The Recipient shall liquidate all obligations of award funds under this agreement not later than the earlier of (1) 120 days after the end of the period of performance or (2) the statutory availability to eligible entities date, which shall be 5 years after the date on which the grant is provided. 65■ 24 of 30 (b) Liquidation of obligations and adjustment of costs under this agreement follow the requirements of 2 C.F.R. 200.344–200.346. ARTICLE 21 AGREEMENT MODIFICATIONS 21.1 Bilateral Amendments. The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the USDOT and the Recipient. Either party may request to amend, modify, or supplement this agreement by written notice to the other party. 21.2 Unilateral Contact Modifications. (a) The USDOT may update the contacts who are listed in sections 4.4 by written notice to all of the Recipient contacts who are listed in section 4.3. 21.3 USDOT Unilateral Modifications. (a) The USDOT may unilaterally modify this agreement to comply with Federal law, including the Program Statute. (b) To unilaterally modify this agreement under this section 21.3(a), the USDOT must provide a notice to the Recipient that includes a description of the modification and state the date that the modification is effective. 21.4 Other Modifications. The parties shall not amend, modify, or supplement this agreement except as permitted under sections 21.1, 21.2, or 21.3. If an amendment, modification, or supplement is not permitted under section 21.1, not permitted under section 21.2, and not permitted under section 21.3, it is void. ARTICLE 22 CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE 22.1 Climate Change and Environmental Justice. Consistent with Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad” (Jan. 27, 2021), Attachment C documents the consideration of climate change and environmental justice impacts of the Project. ARTICLE 23 RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 23.1 Racial Equity and Barriers to Opportunity. Consistent with Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the 66■ 25 of 30 Federal Government” (Jan. 20, 2021), Attachment D documents activities related to the Project to improve racial equity and reduce barriers to opportunity. ARTICLE 24 FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL POLICY REQUIREMENTS 24.1 Uniform Administrative Requirements for Federal Awards. The Recipient shall comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201. 24.2 Federal Law and Public Policy Requirements. (a) The Recipient shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. (b) The failure of this agreement to expressly identify Federal law applicable to the Recipient or activities under this agreement does not make that law inapplicable. 24.3 Federal Freedom of Information Act. (a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552. (b) The Recipient acknowledges that the Technical Application and materials submitted to the USDOT by the Recipient related to this agreement may become USDOT records subject to public release under 5 U.S.C. 552. 24.4 History of Performance. Under 2 C.F.R 200.206, any Federal awarding agency may consider the Recipient’s performance under this agreement when evaluating the risks of making a future Federal financial assistance award to the Recipient. 24.5 Whistleblower Protection. (a) The Recipient acknowledges that it is a “grantee” within the scope of 41 U.S.C. 4712, which prohibits the Recipient from taking certain actions against an employee for certain disclosures of information that the employee reasonably believes are evidence of gross mismanagement of this award, gross waste of Federal funds, or a violation of Federal law related this this award. (b) The Recipient shall inform its employees in writing of the rights and remedies provided under 41 U.S.C. 4712, in the predominant native language of the workforce. 24.6 External Award Terms and Obligations. (a) In addition to this document and the contents described in article 29, this agreement includes the following additional terms as integral parts: 67■ 26 of 30 (1) Appendix A to 2 C.F.R. part 25: System for Award Management and Universal Identifier Requirements; (2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation; (3) 2 C.F.R 175.15(b): Trafficking in Persons; and (4) Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient Integrity and Performance Matters. (b) The Recipient shall comply with: (1) 49 C.F.R. part 20: New Restrictions on Lobbying; (2) 49 C.F.R. part 21: Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964; (3) 49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; and (4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free Workplace (Financial Assistance). 24.7 Incorporated Certifications. The Recipient makes the statements in the following certifications, which are incorporated by reference: (1) Appendix A to 49 C.F.R. part 20 (Certification Regarding Lobbying). ARTICLE 25 ASSIGNMENT 25.1 Assignment Prohibited. The Recipient shall not transfer to any other entity any discretion granted under this agreement, any right to satisfy a condition under this agreement, any remedy under this agreement, or any obligation imposed under this agreement. ARTICLE 26 WAIVER 26.1 Waivers. (a) A waiver granted by USDOT under this agreement will not be effective unless it is in writing and signed by an authorized representative of USDOT. 68■ 27 of 30 (b) A waiver granted by USDOT under this agreement on one occasion will not operate as a waiver on other occasions. (c) If USDOT fails to require strict performance of a provision of this agreement, fails to exercise a remedy for a breach of this agreement, or fails to reject a payment during a breach of this agreement, that failure does not constitute a waiver of that provision or breach. ARTICLE 27 ADDITIONAL TERMS AND CONDITIONS 27.1 Effect of Planning and Demonstration or Implementation Award. Based on information that the Recipient provided to the USDOT, including the Grant Application, as indicated in section 2.5, this agreement designates this award as a Planning and Demonstration award or an Implementation award, as defined in the NOFO. The Recipient shall comply with the requirements that accompany that designation as listed in the FY 2023 Notice of Funding Opportunity for Safe Streets and Roads for All. 27.2 Disclaimer of Federal Liability. The USDOT shall not be responsible or liable for any damage to property or any injury to persons that may arise from, or be incident to, performance or compliance with this agreement. 27.3 Environmental Review (a) In this section, “Environmental Review Entity” means: (1) if the Project is located in a State that has assumed responsibilities for environmental review activities under 23 U.S.C. 326 or 23 U.S.C. 327 and the Project is within the scope of the assumed responsibilities, the State; and (2) for all other cases, the FHWA. (b) Except as authorized under section 27.3(c), the Recipient shall not begin final design; acquire real property, construction materials, or equipment; begin construction; or take other actions that represent an irretrievable commitment of resources for the Project unless and until: (1) the Environmental Review Entity complies with the National Environmental Policy Act, 42 U.S.C. 4321 to 4370m-12, and any other applicable environmental laws and regulations; and (2) if the Environmental Review Entity is not the Recipient, the Environmental Review Entity provides the Recipient with written notice that the environmental review process is complete. 69■ 28 of 30 (c) If the Recipient is using procedures for early acquisition of real property under 23 C.F.R. 710.501 or hardship and protective acquisitions of real property 23 C.F.R. 710.503, the Recipient shall comply with 23 C.F.R. 771.113(d)(1). (d) The Recipient acknowledges that: (1) the Environmental Review Entity’s actions under section 27.3(a) depend on the Recipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and (2) applicable environmental statutes and regulation may require the Recipient to prepare and submit documents to other Federal, State, and local agencies. (e) Consistent with 23 C.F.R. 771.105(a), to the extent practicable and consistent with Federal law, the Recipient shall coordinate all environmental investigations, reviews, and consultations as a single process. (f) The activities described in this agreement may inform environmental decision-making processes, but the parties do not intend this agreement to document the alternatives under consideration under those processes. If a build alternative is selected that does not align information in this agreement, then: (1) the parties may amend this agreement under section 21.1 for consistency with the selected build alternative; or (2) if the USDOT determines that the condition at section 16.1(a)(5) is satisfied, the USDOT may terminate this agreement under section 16.1(a)(5). (g) The Recipient shall complete any mitigation activities described in the environmental document or documents for the Project, including the terms and conditions contained in the required permits and authorizations for the Project. 27.4 Railroad Coordination. If the agreement includes one or more milestones identified as a “Railroad Coordination Agreement,” then for each of those milestones, the Recipient shall enter a standard written railroad coordination agreement, consistent with 23 C.F.R. 646.216(d), no later than the deadline date identified for that milestone, with the identified railroad for work and operation within that railroad’s right-of-way. 27.5 Relocation and Real Property Acquisition. (a) The Recipient shall comply with the land acquisition policies in 49 C.F.R. part 24 subpart B and shall pay or reimburse property owners for necessary expenses as specified in that subpart. (b) The Recipient shall provide a relocation assistance program offering the services described in 49 C.F.R. part 24 subpart C and shall provide reasonable relocation payments and assistance to displaced persons as required in 49 C.F.R. part 24 subparts D–E. 70■ 29 of 30 (c) The Recipient shall make available to displaced persons, within a reasonable period of time prior to displacement, comparable replacement dwellings in accordance with 49 C.F.R. part 24 subpart E. 27.6 Equipment Disposition. (a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Recipient or a subrecipient acquires equipment under this award, then when that equipment is no longer needed for the Project that entity shall request disposition instructions from the FHWA. (b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the disposition of equipment must be made in accordance with 2 C.F.R. 200.313–200.316 and 2 C.F.R. 1201.313. (c) The Recipient shall ensure compliance with this section (27.6) for all tiers of subawards under this award. ARTICLE 28 MANDATORY AWARD INFORMATION 28.1 Information Contained in a Federal Award. For 2 C.F.R. 200.211: (1) the “Federal Award Date” is the date of this agreement, as defined under section 30.2; (2) the “Assistance Listings Number” is 20.939 and the “Assistance Listings Title” is “Safe Streets and Roads for All Grant Program”; and (3) this award is not for research and development. ARTICLE 29 CONSTRUCTION AND DEFINITIONS 29.1 Attachments. This agreement includes the following attachments as integral parts unless Attachments D-F are not required for certain Planning and Demonstration Grants: Attachment A Performance Measurement Information Attachment B Changes from Application Attachment C Racial Equity and Barriers to Opportunity Attachment D Climate Change and Environmental Justice Impacts Attachment E Labor and Workforce Attachment F Critical Infrastructure Security and Resilience 29.2 Exhibits. The following exhibits, which are in the document titled “Exhibits to FHWA Grant Agreements Under the Fiscal Year 2023 SS4A Grant Program”, dated January 4, 71■ 30 of 30 2024, and available at https://www.transportation.gov/grants/ss4a/grant-agreements, are part of this agreement. Exhibit A Applicable Federal Laws and Regulations Exhibit B Additional Standard Terms Exhibit C Quarterly Performance Progress Reports: Format and Content Exhibit D Form for Subsequent Obligation of Funds 29.3 Construction. If a provision in the exhibits or the attachments conflicts with a provision in articles 1–30, then the provision in articles 1–30 prevails. If a provision in the attachments conflicts with a provision in the exhibits, then the provision in the attachments prevails. 29.4 Integration. This agreement constitutes the entire agreement of the parties relating to the SS4A grant program and awards under that program and supersedes any previous agreements, oral or written, relating to the SS4A grant program and awards under that program. 29.5 Definitions. In this agreement, the following definitions apply: “Program Statute” means the BIL section 24112 and statutory text under the heading “Safe Streets and Roads for All Grants” in title I of division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (November 15, 2021), and all other provisions of that act that apply to amounts appropriated under that heading. “Project” means the project proposed in the Grant Application, as modified by the negotiated provisions of this agreement. “SS4A Grant” means an award of funds that were made available under the SS4A NOFO. “Grant Application” means the application identified in section 2.1, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov. ARTICLE 30 AGREEMENT EXECUTION AND EFFECTIVE DATE 30.1 Counterparts. This agreement may be executed in counterparts, which constitute one document. The parties intend each countersigned original to have identical legal effect. 30.2 Effective Date. The agreement will become effective when all parties have signed it. The effective date of this agreement will be the date this agreement is signed by the last party to sign it. This instrument constitutes a SS4A Grant when the USDOT’s authorized representative signs it. 72 OMB Number: 4040-0004 Expiration Date: 11/30/2025 * 1. Type of Submission:* 2. Type of Application: * 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: 5b. Federal Award Identifier: 6. Date Received by State: 7. State Application Identifier: * a. Legal Name: * b. Employer/Taxpayer Identification Number (EIN/TIN): * c. UEI: * Street1: Street2: * City: County/Parish: * State: Province: * Country: * Zip / Postal Code: Department Name: Division Name: Prefix: * First Name: Middle Name: * Last Name: Suffix: Title: Organizational Affiliation: * Telephone Number: Fax Number: * Email: * If Revision, select appropriate letter(s): * Other (Specify): State Use Only: 8. APPLICANT INFORMATION: d. Address: e. Organizational Unit: f. Name and contact information of person to be contacted on matters involving this application: Application for Federal Assistance SF-424 Preapplication Application Changed/Corrected Application New Continuation Revision 07/05/2023 City of South Miami City of South Miami 59-6000431 MGH7KSNCDBK8 6130 Sunset Drive South Miami FL: Florida USA: UNITED STATES 33143-5040 Caroline Parker Grant Writer City of South Miami 3058154018 caroline@ecostratas.com 73 □ ~ I I ~ □ □ □ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I * 9. Type of Applicant 1: Select Applicant Type: Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency: 11. Catalog of Federal Domestic Assistance Number: CFDA Title: * 12. Funding Opportunity Number: * Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): * 15. Descriptive Title of Applicant's Project: Attach supporting documents as specified in agency instructions. Application for Federal Assistance SF-424 C: City or Township Government USDOT 20.939 Safe Streets and Roads for All DOT-SS4A-FY23-01 Safe Streets and Roads for All Funding Opportunity SS4A Planning and Demonstration Grant to support Action Plan in South Miami View AttachmentsDelete AttachmentsAdd Attachments View AttachmentDelete AttachmentAdd Attachment 74 I I I I I I I I I I 1 1 1 1 I I 1 1 1 1 I * a. Federal * b. Applicant * c. State * d. Local * e. Other * f. Program Income * g. TOTAL . Prefix:* First Name: Middle Name: * Last Name: Suffix: * Title: * Telephone Number: *Email: Fax Number: * Signature of Authorized Representative:* Date Signed: 18. Estimated Funding ($): 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Application for Federal Assistance SF-424 * a. Applicant Attach an additional list of Program/Project Congressional Districts if needed. * b. Program/Project * a. Start Date:*b. End Date: 16. Congressional Districts Of: 17. Proposed Project: 27 27 Add Attachment Delete Attachment View Attachment 01/01/2024 01/01/2026 238,400.00 59,600.00 0.00 0.00 0.00 0.00 298,000.00 a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. Yes No Add Attachment Delete Attachment View Attachment ** I AGREE Aurelio Carmenates Capital Improvement Program Project Manager 3054032072 ACarmenates@southmiamifl.gov * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? If "Yes", provide explanation and attach 7-10-2023 75 I I I I I I I I II 1 1 I I I I I □ I I □ ~ □ ~ I 1 I 1 1 1 1 I ~ I I I I I I I I I I I I I I I I I I A~ ~ I I I