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
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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.
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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
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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.
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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.]
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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
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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
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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
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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
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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.
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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:
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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
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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$
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PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
And
STANTEC CONSULTING SERVICES, INC.
Project Name: Safety Action Plan Development
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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.
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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
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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.
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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.]
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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
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[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]
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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
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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.
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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”)]
[$XXX]
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Obligation Condition Table
Phase the Project Allocation of
the SS4A
Grant
Obligation Condition
[insert name of second
phase (e.g., “Phase
1: Final Design,
Right-of-Way, and
Utility
Relocation”)]
[$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.
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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]
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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.
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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]
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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.
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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]
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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]
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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
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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.
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6.9 There are no other special grant requirements.
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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
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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
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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
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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.]
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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.)
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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.]
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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.)
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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.]
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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.]
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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
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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
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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
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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
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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
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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.
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(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
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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.
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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.
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(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.
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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.
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(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.
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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.
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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.
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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
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(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;
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(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.
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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.
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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.
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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
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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.
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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.
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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.
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(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
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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:
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(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.
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(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.
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(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.
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(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,
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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.
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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
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* 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
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* 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
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