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HomeMy WebLinkAbout24114AGREEMENT INFORMATION AGREEMENT NUMBER 24114 NAME/TYPE OF AGREEMENT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DESCRIPTION AMENDMENT NO.1 TO GRANT AGREEMENT/EXTENSION OF AGREEMENT & REVISION OF GRANT WORKPLAN/FILE ID: 6780/R-19-0943/MATTER ID: 22-1955/#37 EFFECTIVE DATE October 8, 2020 ATTESTED BY TODD B. HANNON ATTESTED DATE 9/16/2022 DATE RECEIVED FROM ISSUING DEPT. 10/18/2022 NOTE CITY. OF :MIAMI, FLORIDA : INTER -OFFICE MEMORANDUM ail. 1 14 TO: Todd Hannon DATE: October 17, 2022 City Clerk FROM:. Barbie Hernandez Director Parks and Recreation SUBJECT: Fully Executed Grant Extension Agreement REFERENCES: Amendment to Agreement No. T1801 ENCLOSURES: Grant Extension Agreement Enclosed for your records an original of the document described below, which was executed by all appropriate parties. Should you have any questions, please contact me at 305-416-1332. Thank you. Document Type: First Party: Second Party: Program/Purpose: Dates: Fully Executed Grant Extension Contract City: of Miami Florida Department of Environmental Protection Amendment to Agreement No: T1801 — Marine Basin Trail Virginia Key Effective October 8, 2022 to October 7, 2023 CITY OF MIAMI DOCUMENT:ROUTING FORM ORIGINATING DEPARTMENT: Parks 8, Recreation Department DEPT. CONTACT PERSON: Barbie Hernandez EXT. 305.416- 1332 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Florida Department of Environmental Protection IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑. YES 0 NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? :❑ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT 0 GRANT AGREEMENT 0 EXPERT CONSULTANT AGREEMENT ❑ LICENSE_ AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT 0 INTER -LOCAL .AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM. (BRIEF .SIIMMARY): An amendment to Agreement No. T1801 to extend the grant agreement between the City of Miami and the Florida Department at Environmental Protection to assist in trail repairs/upgrades and signage.installation at the.Marine Basin. COMMISSION APPROVAL DATE: 12 119 12019 FILE ID: 6780 ENACTMENT NO.: R-19-0493 IF THIS DOES NOT REQUIRE. COMMISSION.APPR OVAL, PLEASEEXPLAIN: This agreement.was approved in Commission an 1211912019. ROUTING. INFORMATION ate PLEASE PRINT AND SIGN APPROVAL BY, DEPARTMENTAL DIRECTOR y a. PRINT: BARBAR: E SIGNATURE: NDEZ SUBMITTED TO RISK MANAGEMENT PRINT: ANI t F ITdirSglied by Zr t1Gomez,Frank rank I �Le: 2022.08.29 SIGNATURI�. L/ ta:zs:zz-oa�oo� SUBMITTED TO CITY ATTORNEY 8/31/22 • PRINT: VICTORIA MENDEZ VL� for SIGNATURE:: APPROVAL BY ASSISTANT CITY MANAGER ciJiii /2a PRINT: da fe4ha a t-h .a; SIGNATURE:.. RECEIVED BY CITY MANAGER / ado�� PRINT: ART RIEGA SIGNATURE: �� ,.. PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: 1) :,igN49RIGINWL TO CITY G�ERIi = 2) 0 NECC PIIIIO ,IITY ATjTiQUEY S OFi=1"GE 3) ' EMA I ORIGINAL Si) I O OMINATIN :' fy EP" IRiT�lIEN ._ PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE_ EXECUTION BY THE CITY MANAGER AMENDMENT NO. 1 TO AGREEMENT NO. T1801 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND CITY OF MIAMI This Amendment to Agreement No. T1801 (Agreement) is made by and between the Department of Environmental Protection (Department);an agency :of the State of Florida, and City of Miami, 444 SW 2nd Avenue, 5th Floor, Miami, FL' 33130 (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for the construction of 11.25' x 770 L.F. (.+/- 10%) asphalt trail and renovation of 11.25' x 5,200 L.F. (+/- 10%) asphalt trail with purchase and installation of trailhead and wayfinding signage, effective October 8, 2020; and, WHEREAS, the parties wish to amend the Agreement as set forth herein to extend the grant period to October 7, 2023. NOW THEREFORE, the parties: agree. as follows: 1) The Agreement is extended for one -calendar year period to begin October 8, 2022 and remain in effect until October 7; 2023.:The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 2) Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-A, Revised Grant Work Plan, as attached to this Amendment. All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A, Revised Grant Work Plan. 3) All other terms and conditions of the Agreement remain in effect. If and to the extent .that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates: indicated below. City of Miami Florida Department of Environmental Protection By: By: klet,La 9a4/26 .G Title: Secretary or Designee Date: Date: 10/5/2022 LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Type Letter/Number Description Attachment 3-A Revised Grant Work Plan (3 pages) . Agreement No.: T1801:.. Amendment No.: 1 '1 of l Rev, 10/8/18 CITY OF MI AMENDMENT NO. 1 TO AGREEMENT NO. T1801 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND CITY OF MIAMI CITY OF MIAMI SIGNATURE PAGE I, a FI • da Municipal Corporation Barbara Her d - , ' - rks & Recreation Director Art Norieg" City Manager Attest: Approved as to Form and Correctness: ✓tom for ciii(P4oac Date 8/31 /22 Victoria Mendez. City Attorney Date (22-1955 / JTM) fjsgt 63s to InsuG�y tflA ments Frank Date: 2022.08.29 13:24:48 -04'00' Ann -Marie Sharpe, Risk Management Director Date ATTACHMENT 3-A Key REVISED GRANT WORK PLAN RECREATIONAL TRAILS PROGRAM (RTP) Project Name: Marine Stadium Basin Trail at Virginia Grantee Name: City of Miami RTP Project # T18001 SUMMARY: The Grantee will complete the Project Element(s), which were approved by the Department through the RTP Application Evaluation Criteria, pursuant to Chapter 62S-2, Florida Administrative Code (F.A.C.) and the FHWA Recreational Trails Program Interim Guidance Manual. Any alteration(s) to the Project Element(s) defined in the Grant Work Plan resulting in a change in the total point score of Grantee's Application as it appears on the RTP Advisory Committee's Priority List for FY2017-18 is considered a significant change, must be pre -approved by the Department, and requires a formal Amendment to this Agreement. All work must be completed in accordance with laws, rules, and guidance including, but not limited to: local, state and federal laws, the approved Project plans, all required permits, the Florida Building Code and, as applicable, the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways ("Florida Greenbook"). Prior to the Department issuing a Notice to Proceed to the Grantee, as specified in Attachment 6, Program Specific Requirements, the Department must receive evidence of and have approved all Deliverables in Task 1. The Department will designate the Project complete upon receipt and approval of all Deliverables and when Project site is open and available for use by the public for outdoor recreation purposes. The Department will retain ten percent (10%) of the Grant Award until the Grantee completes the Project and the Department approves the Completion Documentation set forth in paragraph 62S-2.075(7)(e), F.A.C. The final payment of the retained ten percent (10%) will be processed within thirty (30) days of the Project being designated complete by the Department. For the purpose of this Agreement, the terms "Project Element" and "Project Task" are used interchangeably to mean an identified facility within the Project. The project is located at 3501 Rickenbacker Causeway, Miami, FL 33130 and is a Non-Motorized/Diverse Use Trail. BUDGET: Reimbursement for allowable costs for the Project may not exceed the maximum grant award amount outlined below. Required match will be provided by cash or in - kind services as set forth in subsection 62S-2.071(4), F.A.C. Grantee shall maintain an accounting system that meets generally accepted accounting principles and will maintain financial records to properly account for all Program and matching funds. The total estimated Project cost provided below is based on the approved RTP Application. A detailed Project cost analysis will be provided in the Deliverables for with the payment request. Task 1, prior to the Department issuing the Notice to Proceed. All final Project costs shall be submitted to the Department Maximum Grant Award Amount: $ 200,000 Required Grantee Match Amount: $ 200,000 Total Estimated Project Cost: $ 400,000 Match Ratio: 50:50 Scope of Work/Tasks within Deliverable Deliverables Due Date Financial Consequences TASK 1 DELIVERABLE 1 1.A. Development of Commencement The Department will issue Notice to Proceed upon receipt and 60 calendar days The Department will terminate the Documentation Checklist (OGT-11)1. approval of: after Execution of Amendment 1 Project Agreement if the required DEP Agreement No.: T1801, Attachment 3, Page 1 of 3 1.B. A Cost Analysis Form, with detailed budget (and In -House Cost Schedule(s), if applicable). 1.A. All applicable Project specific Commencement documentation, listed on Commencement Documentation Checklist (OGT-11). 1.B. Cost Analysis Form with detailed budget (and/or In - House Cost Schedule(s), if applicable). Project planning expenses, such as application preparation, surveys (boundary and topographic), title searches, project signs, architectural and engineering fees, permitting fees, project inspection fees, and other similar fees are eligible for reimbursement. However, reimbursement, if requested, shall not to exceed fifteen percent (15%) of total Project cost, and shall be invoiced upon Project completion, in accordance with the Payment Request Schedule below. The Grantee may not proceed with construction of the Project until Notice to Proceed has been issued. Deliverables are not submitted and approved by the Department. TASK 2 DELIVERABLE 2 2.A. Development of Project Elements, including: The Grantee may request reimbursement upon Department Due 60 calendar No reimbursement will be made for ° Construction of 11.25'x 770 L.F. (+/- 10%) receipt and approval of days prior to the Deliverable(s) deemed unsatisfactory by asphalt trail and renovation of 11.25' x 5,200 L.F. 2.A. Development of required Project Elements. expiration of this the Department. Payment(s) will not be (+/- 10%) asphalt trail with purchase and installation of trailhead and wayfinding signage. 2.B. All applicable Project specific Completion Agreement which shall also be the made for unsatisfactory or incomplete work. In addition, a Task may be , 2.B. Development of Completion of documentation listed on Project Completion Documentation Checklist (OGT-13). Project 3 Completion Date terminated for Grantees failure to perform. Documentation Checklist (OGT-13). 2.C. Final Status Report (DRP-109). 2.C. Completion of Final Status Report (DRP- 109). The Grantee may request reimbursement for allowable budgeted expenses and costs pursuant to the Agreement that are directly related to the successful completion of construction and/or development of the Project site. Reimbursement shall not exceed the Grant Award Amount, less any reimbursement requested for Deliverable 1, and shall be invoiced upon Project completion, in accordance with the Payment Request Schedule below. Ten percent (10%) of the payment request will be retained until the Project is designated complete by the Department. DEP Agreement No.: T1801, Attachment 3, Page 2 of 3 Project Task Performance Standard: The Department's Grant Manager will review the Project Completion Certificate and the Deliverables to verify compliance with the requirements for funding under the Recreation Trails Program (RTP); approved plans and application approved for funding. Upon review and written acceptance by the Department's Grant Manager of the Project Completion Certification and the Deliverables, the Grantee may proceed with the payment request submittal. Payment Request Schedule: Following Department approval of all Project Deliverables, the Grantee may submit a single payment request on Payment Request Summary Form (DRP-115) along with all required documentation as outlined in the Financial Reporting Procedures (DRP-110), as applicable, to support payment. A payment request submitted as part of the reimbursement process must correspond with the Cost Analysis and supporting documents provided under Project Tasks. The payment request must include documentation regarding the match source, as required. Endnotes: 1. RTP documentation is available at https://tloridadep.gov/lands/land-and-recreation-grants/contentJrecreational-trails-program and/or, Land and Recreational Grants Section, State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, M.S. 585, Tallahassee, Florida 32399-3000. 2. Project Agreement is subject to termination if Commencement documents under Task 1 are not received and approved by the Department within 12 months of the Project Agreement execution. 3. This time period may be extended within the parameters of the RTP and/or FHWA federal guidelines, upon written request of the Grantee and approval by the Department. DEP Agreement No.: T1801, Attachment 3, Page 3 of 3 fitg iif 4tFliarni July 19, 2022 Rebecca Wood Florida Department of Environmental Protection Program Manager, Land and Recreation Grants 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399 Email: Rebecca.Wood@FloridaDEP.gov Subject: Grant Extension Request Project # T18001 Miami Marine Stadium Basin Trail Phase I ARTHUR NORIEGA, V City Manager The City of Miami (City) entered into Agreement#T18001 with the Florida Department of Environmental Protection (FDEP) on October 8`h, 2020, for the construction of an asphalt trail and renovation at the Marine Stadium Basin Trail at Virginia Key in Miami, FL. According to Agreement#T18001, this project has a term of two years with a Task 2 completion date of August8, 2022, and an agreement expiration date of October 7, 2022. Please find the reasons for the 12-month extension request below. 1. The City was initially under the impression that a letter response was needed from the State's Division of Historical Resources to satisfy the historical resources compliance portion of Task 1 — Commencement. A response took several weeks to be provided. After getting in contact with a staff member and receiving a response, The City then learned that a process for professional services was needed to get a completed Cultural Resources Assessment Survey. This resulted in an additional cost to the project that the City was not budgeted for. After identifying a vendor to complete this work, the assessment survey was completed and provided to the Division of Historical Resources on June 13, 2022. A concurrence letter (Attachment A) was provided by the Division of Historical Resources on June 27, 2022. 2. Because this grant funding from FDEP includes a pass through of Federal funds, the City is unable to use our standard procurement processes which do not meet certain Federal requirements. We have worked with our Procurement Department to identify an alternate procurement method, the Sourcewell National Contract (Sourcewell). We were advised by the previous FDEP Grants Manager on a virtual meeting that we could contact several contractors under Sourcewell via email and provide proof of our communication as well as their responses. We contacted five contractors — Two contractors did not respond, one responded stating that they were not interested in the project, one responded with interest but it was past the specified timeframe, and one responded with interest (Harbour Construction, Inc.). A copy of all email threads have been provided via email (Attachment B), a site visit was held, and proposal received February 15, 2022 (AttachmentC). DEPARTMENT OF PARKS AND RECREATION 444 S.W. 2nd Avenue, 8"Floor Miami, FL 33130 (305) 416-1300 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 3. In May 2022, we were notified by our Procurement Department that if we do not receive notification in writing from FDEP that providing the email communications will suffice for grant requirements, then we would need to go through the BidSafe process which would require us to re -advertise the scope of work for a minimum of 30 days, which would be followed by Procurement evaluation processforan additional30 days. We did not receive written notification and had to move forward with that process. Upon completion of our procurement solicitation process, the lowest responsive and responsible bidder submitted a proposal for $1,998,871.00 (Attachment D). The City is unable to enter into a contract and issue a purchase order until the project is fully funded. As a result, the City is currently in the process of requesting additional funding for this project (Phases I and II) and is expected to be fully funded in Fiscal Year 2023. 4. Covid-19 has caused various delays to construction projects on a national level, as it relates to supply chain, delivery times, and price increases. Because prices have increased significantly over the past two -and -a -half years, the project cost has surpassed our original cost estimate and the available funding allocated forthis project. The City also anticipates construction schedule delays as it relates to deliverytime of materials. Because of these reasons which has caused and continues to cause delay on this project, the City is requesting an extension of 12 months for Project #T18001 Miami Marine Stadium Basin Trail Phase I for a revised Task 2 completion date of August 8, 2023, and an agreement expiration date of October7, 2023. Please respond via written email or letter indicating your approval of this extension request. If you have any questions or would like to schedule a meeting to discuss this request further, please contact Latoya Osborne, Special Projects Coordinator, at 305-416-1325 or LTOsborne@miamigov.com. Sincerel Mrs. Barbar. Hernandez, CPRP Parks and Recreation Director City of Miami, Parks and Recreation Department fiGt(tiV opt )4- FLORIDA DEPARTMENT pf STATE RON DESANTIS CORD BYRD Governor Secretary of State Jonathan FanFan, Project Manager City of Miami 444 SW 2' Avenue, 8th Floor Miami, Florida 33130 27 June 2022 RE: DHR Project File No. 2022-0992B, Received by DHR 23 June 2022 Project: A Phase I Cultural Resources Assessment Survey of the Miami Marine Stadium Basin Trail Improvements Project Area Applicant: City of Miami County: Dade Dear Mr. FanFan, Thank you for sending our office a copy of the revised report titled A Phase I Cultural Resources Assessment Survey of the Miami Marine Stadium Basin Trail Improvements Project Area. The Florida State Historic Preservation Office reviewed the referenced project for possible effects on historic properties listed, or eligible for listing, on the National Register of Historic Places. The review was conducted in accordance with Chapters 267.061 and 373.414, Florida Statutes. This assessment also was conducted in accordance with Section 106 of the National Historic Preservation Act of 1966 (Public Law 89- 665), as amended in 1992, and 36 C.F.R., Part 800: Protection of Historic Properties. The report recommends that the project will have no adverse effect on historic resources. We concur with these recommendations, with the condition that in the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes. If you have any questions, please contact Ms. Marsha Welch, Archaeologist, Transportation Compliance & Review, by email marsha.welch@dos.myflorida.com, or by telephone at 850.245.6315 or 800.847.7278. Sincerely, r Timothy A. Parsons, Ph.D. Director, Division of Historical Resources and State Historic Preservation Officer Division of Historical Resources R.A. Gray Building • 500 South Bronough Street• Tallahassee, Florida 32399 850.245.6300 • 850.245.6436 (Fax) • FLHeritage.com From: Fanfan. Jonathan To: Doell(dteam-contracting.com Cc: Lorraine Rosado-Pietri (Lorraine.Rosado^atkinsolobal.com); Mora, Jorge Subject: 3501 Rickenbacker Causeway Marine Stadium Basin Trail Date: Thursday, January 13, 2022 2:41:00 PM Attachments: imaae001.pnq Part 1 B-17354 100% 25.odf jmaae003.onq tACG1vy,v'ft- t3 Good afternoon Mr. Gell It was nice talking to you earlier, please give us an answer to the below questions by COB Tuesday January 18, 2022 to show your interest in the subject project. A percent of the plan is attached with a detail scope of work. 1. What percentage of the work will be self -Performed? 2. Do you have the workforce available to perform the work in the proposed time frame once a NTP is issued (estimated 6 months of construction with an estimated completion date of end August 2022)? 3. Can you provide any reference(s) from an entity for which you performed similar work or any past experience of similar work? 4. What's the percentage of the estimate equipment required to complete the work that are company own? 5. Can you provide a resume or qualification of the anticipated project or construction manager that will be assigned To the job? Regards, Jonathan Fanfan Project Manager Vertical City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 Office: (305) 416-1213 Email: JFanfan@miamigov.com j4,% v-e570G� From: Fanfan, Jonathan To: "valisa,^iewelofthesouth,us" Cc: Lorraine Rosado-Pietri (Lorraine. RosadoTatkinsglobal.com); Mora, Jorge Subject: 3501 Rickenbacker Causeway Marine Stadium Basin Trail Date: Thursday, January 13, 2022 2:41:00 PM Attachments: imaae001.onq Part 1 B-17354 100% 25.odf imaae003,onq Good afternoon Ms. Shannon It was nice talking to you earlier please give us an answer to the below questions by COB Tuesday January 18, 2022 to show your interest in the subject project. A percent of the plan is attached with a detail scope of work. 1. What percentage of the work will be self -Performed? 2. Do you have the workforce available to perform the work in the proposed time frame once a NTP is issued (estimated 6 months of construction with an estimated completion date of end August 2022)? 3. Can you provide any reference(s) from an entity for which you performed similar work or any past experience of similar work? 4. What's the percentage of the estimate equipment required to complete the work that are company own? 5. Can you provide a resume or qualification of the anticipated project or construction manager that will be assigned To the job? Regards, Jonathan Fanfan Project Manager Vertical City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 Office: (305) 416-1213 Email: JFanfan@miamigov.com Osborne, Latoya From: Fanfan, Jonathan Sent: Thursday, February 24, 2022 9:34 AM To: Osborne, Latoya Subject: FW: 3501 Rickenbacker Causeway Marine Stadium Basin Trail No Interest Confirmation Email Amici Engineering Contractors Follow Up Flag: Follow up Flag Status: Completed Good morning, Latoya See below Regards Jonathan Fanfan Project Manager Vertical City of Miami Office of Capital Improvements 444 SW 2"d Avenue, 8th Floor Miami, Florida 33130 Office: (305) 416-1213 Email: JFanfan@miamigov.com From: Fanfan, Jonathan Sent: Thursday, January 13, 2022 2:04 PM To: nelsonl@amiciec.com Cc: Lorraine Rosado-Pietri (Lorraine.Rosado@atkinsglobal.com) <lorraine.rosado@atkinsglobal.com>; Mora, Jorge <J M o ra @ m is m igov. co m > Subject: 3501 Rickenbacker Causeway Marine Stadium Basin Trail No Interest Confirmation Email Amid Engineering Contractors Good afternoon Nelson, It was nice talking to you earlier, I did reach out to Juan at (954)650-4699 like we spoke about. Juan confirmed that's not something Amici would be interested in doing because most of the work would have to be sub out. Regards, 1 A "l OCI Jonathan Fanfan Project Manager Vertical City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 Office: (305) 416-1213 Email: JFanfan@miamigov.com 2 a-fSVC fC1w!I114s GY 1^ (1-eaCJ I Osborne, Latoya From: Fanfan, Jonathan Sent: Thursday, February 24, 2022 9:37 AM To: Osborne, Latoya Subject: FW: 3501 Rickenbacker Causeway Marine Stadium Basin Trail Follow Up Flag: Follow up Flag Status: Completed Good morning, Latoya See below , Regards OCI Jonathan Fanfan Project Manager Vertical City of Miami Office of Capital Improvements 444 SW 2"d Avenue, 8th Floor Miami, Florida 33130 Office: (305) 416-1213 Email: JFanfan@miamigov.com From: David Mancini, Jr. <dmancinijr@dmsi.co> Sent: Friday, January 21, 2022 7:48 PM To: Fanfan, Jonathan <JFanfan@miamigov.com> Cc: Lorraine Rosado-Pietri (Lorraine.Rosado@atkinsglobal.com) <Lorraine.rosado@atkinsgiobal.com>; Mora, Jorge <JMora@miamigov.com>; Fabio Angarita <fngarita@dmsi.co>; Evelio Gibert <egilbert@dmsi.co> Subject: RE: 3501 Rickenbacker Causeway Marine Stadium Basin Trail CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Awesome my friend. Thank you. Sincerely, i David Mancini Jr. Ce11: 754-264-9594 www.dinsi.co www.instagramcom/ dmsi PPtMUS' LINE From: Fanfan, Jonathan <JFanfan@miamigov.com> Sent: Friday, January 21, 2022 4:31 PM To: David Mancini, Jr. <dmancinijr@dmsi.co> dmsi.co> Cc: Lorraine Rosado-Pietri (Lorraine,Rosado@atkinsglobal.com) <Lorraine.rosado@atkinsglobal.com>; Mora, Jorge <JMora@miamigov.com>; Fabio Angarita <fangarita@dmsi.co>; Evelio Gibert <egilbert@dmsi.co> Subject: RE: 3501 Rickenbacker Causeway Marine Stadium Basin Trail Good afternoon David, We had reach out to another Contractor that's currently working on the pricing. If it does not work out, you will be next in line. Regards, MIAMI I Jonathan Fanfan Project Manager Vertical City of Miami Office of Capital Improvements 444 SW 2nd Avenue, S`" Floor Miami, Florida 33130 Office: (305) 416-1213 Email: JFanfan@miamigov.com From: David Mancini, Jr. <dmanciniir@drnsi.co> Sent: Thursday, January 20, 2022 11:58 AM To: Fanfan, Jonathan <JFanfan@miamigov.com> Cc: Lorraine Rosado-Pietri (Lorraine,RosadoPatkinsglobal.com) <Lorraine.rosado@atkinsglobal.com>; Mora, Jorge <JMora@miamigov.com>; Fabio Angarita <fangaritaPdmsi.co>; Evelio Gibert <egilbert@dmsi.co> Subject: RE: 3501 Rickenbacker Causeway Marine Stadium Basin Trail 2 CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the setxdg an kilow the content is safe. ................... Mr. Fanfan, I hope all is well. We actually have had our schedule open up and we are confident we can get this job done timely for you. Are you still interested in us pricing this project out? Evelio, please respond to questions below if Mr. Fanfan is still interested in potentially securing DMSI for this scope. Sincerely, David Mancini Jr. Cell: 754-264-9594 www.dmsi.co www.instagram.com/ dmsi • PF levit1151 L,.1NQ �w�awmw�rn From: David Mancini, Jr. Sent: Friday, January 14, 2022 9:08 PM To: Fanfan, Jonathan <JFanfanp iamigov.com> Cc: Lorraine Rosado-Pietri (Lorraine.Rosado@atkinsglobal.com)<Iorraine.rosado@atkinsglobal.com>; Mora, Jorge <JMora a@rniamigov.com>; Fabio Angarita <fngarita@dmsi.co>; Evelio Gibert <egilbert@dmsi.co> Subject: RE: 3501 Rickenbacker Causeway Marine Stadium Basin Trail Jonathan, after talking to the team, we feel this project may be better fit for another Contractor. However, if you definitely need us, we will never say no to the City and make it happen. Sincerely, David Mancini Jr. Cell: 754-264-9594 www.dmsi.co www.instarasn.com/ dmsi From: Fanfan, Jonathan <JFanfan@miamigov.com> Sent: Thursday, January 13, 2022 1:43 PM To: David Mancini, Jr. <dmanciniir@dmsi.co> 3 Cc: Lorraine Rosado-Pietri (Lorraine.Rosado@atkinsglobai.com) <Lorraine.rosado@atkinsglobal.com>; Mora, Jorge <JMora(a)miamigov.com> Subject: 3501 Rickenbacker Causeway Marine Stadium Basin Trail Good afternoon Mr. Mancini Jr. It was nice talking to you earlier, please give us an answer to the below questions by COB Tuesday January 18, 2022 to show your interest in the subject project. A percent of the plan is attached with a detail scope of work. 1. What percentage of the work will be self -Performed? 2. Do you have the workforce available to perform the work in the proposed time frame once a NTP is issued (estimated 6 months of construction with an estimated completion date of end August 2022)? 3. Can you provide any reference(s) from an entity for which you performed similar work or any past experience of similar work? 4. What's the percentage of the estimate equipment required to complete the work that are company own? 5. Can you provide a resume or qualification of the anticipated project or construction manager that will be assigned To the job? Regards, Regards, i OCi Jonathan Fanfan Project Manager Vertical City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 Office: (305) 416-1213 Email: JFanfan@miamigov.com 4 4'ILA/v'M" Osborne, Latoya From: Fanfan, Jonathan Sent: Thursday, February 24, 2022 9:36 AM To: Osborne, Latoya Subject: FW: 3501 Rickenbacker Causeway Marine Stadium Basin Trail Follow Up Flag: Follow up Flag Status: Completed Good morning, Latoya See below, Regards ocI Jonathan Fanfan Project Manager Vertical City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 Office: (305) 416-1213 Email: JFanfan@miamigov.com From: Guy Lesseur <gl@harbourconstruction.com> Sent: Monday, January 17, 2022 10:52 AM To: Fanfan, Jonathan <JFanfan@miamigov.com> Cc: Leyla De La Espriella <Idelae@harbourconstruction.com>; Marisel Othon-Riva <mothonriva@harbourconstruction.com>; Mora, Jorge <JMora@miamigov.com> Subject: RE: 3501 Rickenbacker Causeway Marine Stadium Basin Trail CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe, Fan Fan, 1 GM. Definitely interested. We actually worked (Small job) with Ecoraster at Peacock Park as a drive isle for the maintenance crew, Below please find responses to your question. This project definitely requires a site joint scope meeting. Can you please facilitate it? Thanks 1. What percentage of the work will be self -Performed? > 65%. To keep pace of construction we might consider assistance laying the ecoraster down 2. Do you have the workforce available to perform the work in the proposed time frame once a NTP is issued (estimated 6 months of construction with an estimated completion date of end August 2022)? - Yes 3. Can you provide any reference(s) from an entity for which you performed similar work or any past experience of similar work? -COM 4. What's the percentage of the estimate equipment required to complete the work that are company own?- 100% (Hauling by Others) 5. Can you provide a resume or qualification of the anticipated project or construction manager that will be assigned To the job? — We have been doing business with the COM for over 8 years and with the same personnel with varying scopes all in good standing. From: Fanfan, Jonathan <JFanfan@miamigov.com> Sent: Thursday, January 13, 2022 2:42 PM To: Leyla De La Espriella<Idelae@harbourconstruction.com>; Marisel Othon-Riva <mothonriva@harbourconstruction.com> Cc: Lorraine Rosado-Pietri (Lorraine.Rosado@atkinsglobal.com) <Lorraine.rosado@atkinsglobal.com>; Mora, Jorge <JMoraPmiamigov.com> Subject: 3501 Rickenbacker Causeway Marine Stadium Basin Trail Good afternoon Marisel It was nice talking to you earlier, the project info is attached so you so you can routed it to the appropriate personnel in Leyla's absent. Please Give us an answer to the below questions by COB Tuesday January 18, 2022 to show your interest in the subject project. A percent of the plan is attached with a detail scope of work. Regards, Jonathan Fanfan Project Manager Vertical City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 Office: (305) 416-1213 Email: JFanfan@miamigov.com 2 Proposal has not been reviewed by The Gordian Group Contractor's Price Proposal Summary - Category Date: Contract Number: Task Order Number: Task Order Title: Contractor: Proposal Value: Proposal Name: February 06, 2022 FL-R10-GC01-111821- HBC 101249.00 Miami Marine Stadium Basin Trail ezIQC - Harbour Construction, Inc. $1,256, 006.48 Miami Marine Stadium Basin Trail THE GORDIAN GROUP Alf {C4'1 111f_ft Category - Asphalt Removal: Category - Ecoraster: Category - General Conditions: Category - Tree Removal: $53,634.83 $775,705.20 $245,528.62 $181,137.83 Proposal Total $1,256,006.48 This proposal total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding of the line totals and sub -totals. The Percentage of NPP on this Proposal: 17.72% Proposal has not been reviewed by The Gordian Group Cost Proposal Summary - Category Page 1 of 1 2/6/2022 Proposal has not been reviewed by The Gordian Group THE GORD AN GROUP Proposal has not been reviewed by The Gordian Group Contractor's Price Proposal Detail - Category Date: Contract Number: Task Order Number: Task Order Title: Contractor: Proposal Value: Proposal Name: February 06, 2022 FL-R10-GC01-111821- HBC 101249.00 Miami Marine Stadium Basin Trail ezIQC - Harbour Construction, Inc. $1,256,006.48 Miami Marine Stadium Basin Trail Rec# Sect. Item Mod. UOM Description Line Total Category - Asphalt Removal 1 01222 1384 MO 18 CY Rear Dump Truck With Full -Time Truck Driver $22,604.99 Installation Quantity 1.00 Unit Price x $20,909.25 x Factor 1.0811 = Total $22,604.99 2 01741 0031 CY Traditional Building Construction Materials Landfill Dump Fee $2, 849.24 Installation Quantity 150.00 x Unit Price $17,57 x Factor 1.0811 = Total $2,849.24 3 02411 0019 Excludes Equipment SY Up To 3" By Machine, Break-up And Remove Bituminous Paving $28,180.60 Installation Quantity 6,020.00 x Unit Price $4.33 Factor 1.0811 = Total $28,180.60 Subtotal for Category - Asphalt Removal: $53,634.83 Category - Ecoraster 1 4 01222 6 31051 1384 MO • 18 CY Rear Dump Truck With Full -Time Truck Driver 0008 $67,814.97 Installation Quantity 3.00 Excavated Material Hauling CY Unit Price x $20,909.25 x #57 Stone Aggregate Fill (3/8" To 1") Factor 1.0811 = Total $67,814.97 $103,201.94 Quantity Unit Price Factor Installation 1,932.00 x $49.41 x 1,0811 = 6" base + Restoration (77310 SF`.5)/27=1432 + 400 for repair (Note 4 C-001) Total $103,201.94 7 32111 0009 SY 12" Crushed Aggregate Base Course For Roadways And Parking Areas $47,974.89 Quantity Installation 2,580.00 G-003 x Unit Price $17.20 x Factor 1.0811 = Total $47,974.89 8 32143 0002 Excludes Material SF 4" Thick Recycled Polyvinyl Chloride (PVC) Plastic Turf Block $273,725,40 Installation Quantity 96,638.00 x Unit Price $2.62 x Factor 1.0811 = This line itmes being used as Ecoraster installation x 1.25 for material difference installation Total $273,725.40 Cost Proposal Detail - Category Page 1 of 4 2/6/2022 Proposal has not been reviewed by The Gordian Group Cost Proposal Detail - Category Continues.. Proposal has not been reviewed by The Gordian Group Task Order Number: 101249.00 Task Order Title: Miami Marine Stadium Basin Trail Rec# Sect. Item Mod. UOM Description Line Total Category - Ecoraster 9 32154 0002 CY Gravel Surfacing And Spreading $34,990.21 Quantity Unit Price Installation 478.00 x $67.71 x Granite infill. 8590 SY *9=77310SF'2"=12885CFT/27=478 CY Factor 1.0811 Total $34,990.21 10 32911 0017 CY Shredded Colored Recycled Tire Mulch Excludes Material $25,453.42 Installation Quantity Unit Price 480,00 x $49.05 x Binder matarial and installation Factor 1.0811 = Total $25,453.42 Subtotal for Category - Ecoraster: $775,705.20 Category - General Conditions 11 01222 0015 HR LaborerFor tasks not included in the Construction Task Catalog® and as directed by owner only. $31,398.39 Installation Quantity Unit Price 700.00 x $41.49 x Factor 1.0811 = Labor support to assist: receive materials/load materials/unpack materials/bundle waster to export, etc. Total $31,398.39 12 01222 0278 MO 700 LB Capacity, 36" Wide, Skid -Steer Loader With Full -Time Operator $63,187.40 Installation Quantity Unit Price Factor Total 6.00 x $9,741.22 x 1.0811 = 563,187.40 Base prep/57 stone installation/site harmonization/tree removal backfill installaltion . Logistical requirement due to limited access/staging area limitations)/sensitive environment/constrained working areas 13 01222 0426 MO 1/2 To 5/8 CY, 65 HP, Loader-Backhoe With Standard Bucket And Full -Time $70,959.64 Operator Installation Quantity Unit Price 6.00 x $10,939.42 x Factor 1.0811 = Material transporation/excavation. Logistical requirement due to limited access/staging area limitation(s)/sensitive environment/constrained working areas Total $70,959.64 14 01552 0036 MO Channelizer Drum $1,216.89 Quantity Unit Price Factor Total Installation 60.00 x $18.76 x 1.0811 = $1,216.89 MOT 10 for 6 months 15 01552 0048 MO Type III Barricade, Up To 5' Wde With Three Reflective Rails $2,013.44 Quantity Unit Price Factor Total Installation 60.00 x $31.04 x 1.0811 = $2,013.44 MOT 10 for 6 months 16 01562 0007 LF Temporary 10' High Chain Link Fence And Posts, Up To 6 Months $13,213.20 Installation Quantity Unit Price Factor Total 600.00 x $20.37 x 1.0811 = $13,213.20 Security fence at entrance to project. @ beach area and barge seawall + Staging area 17 01 MOD 0007 0072 LF For Each LF Shade Cloth, Add $3,081.14 Installation Quantity Unit Price Factor Total 600 00 x $4.75 x 1.0811 = $3,081.14 Cost Proposal Detail - Category Page 2 of 4 2/6/2022 Proposal has not been reviewed by The Gordian Group Cost Proposal Detail - Category Continues.. Proposal has not been reviewed by The Gordian Group Task Order Number: 101249.00 Task Order Title: Miami Marine Stadium Basin Trail Rec# Sect. Item Mod. UOM Description Line Total Category - General Conditions 18 01562 0034 EA 10' Wde, 6' High, Temporary Chain Link Fence Gate, Up To 6 Months $442.66 Installation Quantity 1.00 x Security fence at entrance to project Unit Price $409.45 x Factor 1.0811 = Total $442.66 19 01MOD 0034 0080 EA For Each LF Shade Cloth, Add $65.58 Installation Quantity Unit Price Factor Total 1.00 x $60.66 x 1.0811 = $65.58 20 01562 0158 BAG Temporary Chain Link Fence Panels (Portable) Sandbagincludes placement and $81.73 removal. Installation Quantity Unit Price Factor Total 20.00 x 83.78 x 1.0811 = $81.73 Security fence at entrance to project 21 01563 0002 EA Up To 4' x 4' Temporary Tree Guard, 2" x 4" Wood Stud Framing Construction, 4 Uprights Set In Earth 2' Deep, With Double Rail $35,585.49 Installation Quantity Unit Price Factor Total 300.00 x $109.72 x 1.0811 = $35,585.49 As per general note #5 C-001 22 01741 0014 EA 20 CY Dumpster (3 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non -hazardous material. $5,774.63 Installation Quantity Unit Price Factor Total 8.00 x $667.68 x 1.0811 = $5,774.63 23 31251 0011 LF 3' High Silt Fence with Stakes at 10' On Center $18,508.43 Quantity Unit Price Factor Installation 16,000.00 x $1.07 x 1.0811 = Length = 8000LF x 2 sides as per General note #6 C-001 Total $18,508.43 Subtotal for Category - General Conditions: $245,528.62 Category - Tree Removal 24 01222 1384 MO 18 CY Rear Dump Truck With Full -Time Truck Driver $45,209.98 Installation Quantity 2.00 x Unit Price $20, 909.25 x Factor 1,0811 Total $45,209.98 25 01711 0003 EA Equipment Delivery, Pickup, Mobilization And Demobilization Using ATractor Trailer With Up To 53' Bedlncludes loading, tie -down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for retum and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalis, road graders, loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom man lifts with >40' boom lengths, etc. $1,901.98 Installation Quantity Unit Price Factor Total 2.00 x $879.65 x 1.0811 = $1,901.98 26 01741 0033 CY Trees, Stumps And Brush, Landfill Dump Fee $9,146.11 Installation Quantity Unit Price Factor Total 400.00 x $21.15 x 1.0811 = $9,146.11 27 31110 0010 ACR Clearing By Machine - Heavy Brush Without Grub $384.87 Installation Quantity Unit Price 0.60 x $562.50 x Factor 1.0811 = Total $364.87 Cost Proposal Detail - Category Page 3 of 4 2/8/2022 Proposal has not been reviewed by The Gordian Group Cost Proposal Detail • Category Continues.. Proposal has not been reviewed by The Gordian Group Task Order Number: 101249.00 Task Order Title: Miami Marine Stadium Basin Trail Rec# Sect. Item Mod. UOM Description Line Total Category - Tree Removal 28 31131 0002 EA Up To 6" O.B.H. (DiameterAt Breast Height) Tree Removalrncludes cutting up tree, chipping and loading. Installation L008 Quantity Unit Price 46.00 x $362.34 x Factor 1 0811 = $18,019.39 Total $18,019.39 29 31131 0003 EA >6" To 12" D.B.H. (DiameterAt Breast Height) Tree Removallncludes cutting up tree, chipping and loading. Installation L008 Quantity Unit Price 89.00 x $543.53 x Factor 1 0811 = $52,297.32 Total $52,297.32 30 31131 0004 EA >12"' To 24" D.B.H. (Diameter At Breast Height) Tree Removallncludes cutting up tree, chipping and loading. $12,535.57 Quantity Unit Price Installation 16.00 x $724.70 x L008 Factor 1 0811 = Total $12,535.57 31 31131 0009 EA Up To 6" Diameter Stump Removallndudes excavation necessary to remove $4,131.62 stump and loading. Quantity Unit Price Installation 46.00 x $83.08 L008 Factor 1,0811 = Total $4,131.62 32 31131 0010 EA >6" To 12" Diameter Stump Removallndudes excavation necessary to remove stump and loading. $15,321.74 Quantity Unit Price Installation 89.00 x $159.24 x L008 Factor 1.0811 = Total $15,321.74 33 31131 0011 EA >12" To 24" Diameter Stump Removallndudes excavation necessary to remove stump and loading. $3,592.71 Installation L008 Quantity Unit Price Factor Total 16.00 x $207.70 x 1.0811 = $3,592.71 34 32911 0015 SY Fumish And Place Imported Screened Topsoil, 12" Deep $18,616.54 Installation Quantity Unit Price 1,200.00 x $14.35 x G-002 Note 3 on the cross section details Factor 1.0811 = Total $18,616.54 Subtotal for Category - Tree Removal: $181,137.83 Proposal Total $1,266,006.48 This proposal total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding of the line totals and sub -totals. Proposal has not been reviewed by The Gordian Group The Percentage of NPP on this Proposal: 17.72% Non Prepriced Worksheet Page 4 of 4 2/6/2022 Proposal has not been reviewed by The Gordian Group SECTION 4 BID FORMS City of Miami, Florida Office of the City Clerk, City Hall, 1st Floor 3500 Pan American Drive Miami, Florida 33133-5504 Submitted: July 15, 2022 Date }-i iti n.t The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person otherthan herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of. the Work and informed itself fully of all conditions pertaining tothe place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required bid Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to Contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to. construct and. complete within the time limits, the specified Work covered by the Contract Documents for the Project entitled: Bid No: 21-22-010 Title: MARINE STADIUM BASIN TRIAL IMPROVEMENTS- PROJECT B-17354 The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the Bid Guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract and fails to furnish the required Performance. Bond and Payment Bond as well as the required Certificate(s) of Insurance within fourteen (14) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors that may be corrected by the City. In the event of a discrepancy between the price bid in figures and the price bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the bid is to be multiplied by the stated quantity requirements in order to arrive at the total. Note: Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive and responsible Bidder. Payments will be made based on unit prices of actual quantities installed. Where a discrepancy exists between the unit price and the extended price the unit price will prevail. Where there is a discrepancy between .the numerical and written bid amount, the written bid amount will prevail. Marine Stadium Basin Trail Improvements -. Project B-17354 BidSafe/Request for Quotation No. 21-22-010 Form SU must be submitted with Bidder's Bid. The SU Form can be found posted on the webpage with the bid' documents. SCOPE OF WORK: The Work consists of, but is not limited to, the street reconstruction, milling and resurfacing, drainage installation, water main and water services installation, andreplacement of curbs, driveways, Americans with Disabilities Act ("ADA") compliant ramps, pavement marking and signage. The full Scope of Work is detailed in the Contract Documents. BidSafe/Request for Quotation No. 21-22-010 - Marine Stadium Basin Trail Improvements Proffered bid MUST reflect/include all rrmaterials, labor, services, supervision, tools, equipment, inspections, and all other items necessary for the successful completion of the Project. The following MUST be filled in: LUMP SUM TOTAL FOR BID CONSTRUCTION COST: $1,998,871.00 WRITTEN LUMP SUM TOTAL BID CONSTRUCTION COST (GUARANTEED MAXIMUM PRICE/COST): One million nine hundred ninety eight thousand eight hundred seventy one (Total Bid Construction Cost) Marine Stadium Basin Trail Improvements -. Project B-17354 BidSafe/Request for Quotation No. 21-22-010 DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III AND IV (If applicable) Part I: Listed below are the dates of issue for each Addendum received in connection with this bid: June 15, 2022 Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated June 23, 2022 June 29,2022 July 7, 2022 July 7, 2022 Part I1: No Addendum was received in connection with this bid. Part III: Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Small Busine,z Enterprise ("SBE") Requirements requirement. Evaluation of Bidder's responsiveness to Ordinance Section 13331 shall be a consideration in the award of a Contract. 2. Non -Collusion Bidder certifies that the only persons interested in this bid are named herein; that no other person has any interest in this bid or in the Contract to which this bid pertains; that this bid is made without connection or arrangement with any other person. Bidder certifies that the selected independent third -party verifier will verify and certify compliance data and reports honestly and accurately. 3. Drug Free Workplace The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by: a) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace, and specifying the actions that will be taken against employees for violations of such prohibition. b) Establishing a continuing drug -free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug -free workplace; (ili) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1). Marine Stadium Basin Trail Improvements -. Project B-17354 BidSafe/Request for Quotation No. 21-22-010 d) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction. e) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee. f) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (II) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs (1) through (6). 4. Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: a) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Contract, grant, loan, or cooperative agreement. b) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and Contracts under grants, loans, and cooperative agreements) and 'that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.,Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to covered Contract/grant transactions over one hundred thousand dollars ($100,000) (per QMB). g) Marine Stadium Basin Trail Improvements -. Project B-17354 BidSafe/Request for Quotation No. 21-22-010 5. Debarment, Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; b) Have not within a three (3) year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or Contract under a public transaction; violation of Federal, or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.B of this certification; and d) Have not, within a three (3) year period preceding this application, had one (1) or more public transactions (Federal, State, or local) terminated for cause or default. e) In addition, factors to be considered in determining responsibility of prospective contractual parties shall include but not be limited to: (1) Bidder does have availability of appropriate financial, material, equipment, facility, and personnel resources, and expertise, or the ability to obtain them, to meet all contractual requirements; (2) Bidder does have a satisfactory record of performance; (3) Bidder does have a satisfactory record of integrity; (4) Bidder does possess qualified legal standing to Contract with the City; and (5) Bidder will comply in supplying all requested information connected with the inquiry concerning responsibility. f) Bidder has not had a termination, suspension, or cancellation of a City Contract, in whole or in part, for cause, due to a default by the Bidder or Offeror, within the past five (5) years, which has not been reversed on appeal by a court of competent jurisdiction; or Bidder has not withheld a payment or nonpayment of moneys due the City from the Bidder or Offeror, within the past five (5) years, unless the full amount of such moneys due the City. h) Have been deposited with a court of competent jurisdiction in Miami -Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court," as amended, or other applicable Federal, State or Local Rules of Court, and are subject to distribution to the City or withdrawal by the City by order of the court. i) The Bidder shall provide any information requested by the Chief Procurement Officer or Procurement Officer concerning responsibility. If such contractual party fails to provide the requested information, the determination of responsibility may be made upon available information, or the prospective contractual party may befound non -responsible. The prospective contractual party may demonstrate the availability of necessary financial, equipment, facility, and personnel resources by submitting: (1) Bidder will, upon request, furbish evidence that the contractual party possesses such necessary resources; (2) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or g) Marine Stadium Basin Trail Improvements -. Project B-17354 BidSafe/Request for Quotation No. 21-22-010 (3) Bidder will, upon request, submit a documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall submit an explanation to the City of Miami in writing. 6. Local Workforce Participation Requirements The Bidder certifies to the best of its knowledge and belief, that it and its principals: (a) Have read and understood the provisions of City of Miami Ordinance 13332, codified as Section 18-89 of the City Code pertaining to the Local Workforce Participation requirements on a quarterly basis; (b) Have identified in City Form Subcontractor Utilization ("SU") a third -party independent who verifies and is properly licensed under the provisions of F.S. 454,471,473, or 481 and who is not with the Contractor; and (c) The selected third party, who independently verifies compliance with this section, must have a minimum of two (2) years of experience as required in Ordinance No. 13332, codified as Section 18-89 of the City Code. Part IV: Certification — Trench Safety Act slorstrinalWielorwies 2021161.4.4.1 The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553.60, et. seq., Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and Subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Bidder acknowledges that included in the various items of the bid and in the total bid price are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. The Bidder further identifies the costs and methods summarized below: Quantity Price Description Unit Price Steel Plate Each $ 450.00 Total $ $ 450.00 1 Extended Method Marine Stadium Basin Trail Improvements -. Project B-17354 BidSafe/Request for Quotation No. 21-22-010 1S'�R 4 ram?, i;k: uyisl ii ii, s' ter!, +- Attached is a Bid Bond [x], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [] No. Bank of for the sum of Dollars ($ ). The Bidder hereby acknowledges and affirms to the contents of this ,Bid Form and its' response(s) thereto including without limitations Part I through IV have been, read, understood, and agree to by signing and completing the spaces provided below,. Bidder Name: Harbour Construction Inc Signature: Printed Name/Title: Leyla De La Espriella City/State/Zip: Miami,FL 33155 Email: LDELAE@harbourconstruction.com Telephone No.: 305.603.9944 Fax No.: 305.603.3497 Social Security No. Dun & or Federal I.D."No. 38-3686455 Bradstreet No. If a partnership, names and addresses of partners: (If applicable) Marine Stadium Basin Trail Improvements -. Project B-17354 BidSafe/Request for Quotation No. 21-22-010 CERTIFICATE OF AUTHORITY (IF CORPORATION) HERESY CERTIFY :that at a meeting of the Board .of Directors of Harbour Construction 410 , a corporation organized and existing under the laws Df the State Florida of „held an the. day of , a resolution was duly passedend adopted authorizing Mr./Mrs, Leyla De.La Espriella as Secretary of . , the corporation to execute bids On behalf of theoorporation and providing that his/her'execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation, 1 further certify that said resolution remains in fill force end effett. IN WIT EREOF,..1 hav'hraw� set thy hand Ibis: 13th,. day of 'June 20..22 Secretary: Print: e we, • www uwwaxwatmeweew-weeierearnesuiewt,effeevaret:eawwswwteeetwwsetweuessenni:wwwWt!!ieeetweweewezeexwew4e,wee.i.e4;:o+ew•exewwweew CERTIFICATE OF AUTHORITY (IF PARTNER$H1P) I HERE.BY CERTIFY that at a meeting of • the Board of Directors .of a parMership crgan14ed..end existing Underthe laws of•the State. of ,. held on the. day of ., a resolution was duly passed and adopted authorizing Mr./Mrs. of the corporation to execute bids on. behalf of the partnership and provides that. his/her exeautionfthereof, attested bY a partner, shall be the official act anci.deed of the partnership. 1 further certify that said partnership a.greeinent remains n full force and effect. Partner: Print IN WITNESS WHEREOF, 1 have hereunto set my hand this , day of 20 . .• .. Jen. u•f1.4, 1•1•1 . . . CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventyres. must .submit a joint venture agreement indicating that the person signing thit bid is authorized to sign bid documents an behalf of the jOint venture. If there is nojOint veritire agreement, each Member of thejeint venture !filial sign the bid and submit appropriate Certificate of Authority (corporate partnership, or individuat), Marine Btadiurn Basin:Trail Improvements-. Project B-17154 BidSafeiRequest for Quotation No. 21-22-010 BID BOND. FORM (Page 1 of 3) State of Florida County of Miami -Dade City of Miami KNOWN ALL PERSONS BY THESE 'PRESENTS,: that HarbOUrConstruction, as Principal, Philadelphia Indemnity Insurance Cornpany as Surety; are held and firmlybound unto the City' of Miami, in the penal sum of —Five Percent Of Amount Bid— dollars ($ 5% of Amount Bid) lawful money of the United States; for the payment Of which sum well and truly to be made, we bind ourselves, 'our heirs, executors, administrators and successors, jointly and severally, firmly by thes:e presents. THE CONDITION OF THIS OBLIGATION IS SUCH, thatwhereas the Principal has submitted the accompanying aid, dated June, 1 7 ,20:22 , for:. BidSafe/Request f.r Quotation No. 21-22-0107 MARINE STADIUM BASIN TRAIL IMPROVEMENTS - PROJECT 40-B-1/354 NoWTHEREFOR:: (a) if the Principal shall notwithdraw said bid within: on hundred eighty (180) calendar days after date of opening the same; and shall within ten (10) calendar days after the prescribed forms are presented to him for signature, enter into a written Contract with the City, in accordant With the bid as accepted, and give bond with good and sufficient Surety ar SUreties, as may be required, for the faithfOlperfOrmance and proper fulfillment of et:ionContract; or (b) In the event if the withdrawal of said bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the City the difference between the amount specified in said bid arid the amount far which the City may procure the required Work and supplies, if the latter amount be in excess of the former, then the above obligation shall be Vold and of no effect, otherwise to remain in full force and virtue. Marine Stadipm Basin Trail linpravements -. Project .8,17.354 • fEitc1Safe/Recwest for.Quotation Na: 21-22-019 BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 17th day:of June , 20 22 , the name and corporate seal of each party .being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority .of its governing body. WITNESS: (If Sole Ownership, Partnership, or Joint Venture. two (2) Witnesses are required. If C rporation, Secretary Onl will. est and a x seal (Signature of Authorized Officer) PFUNC1PA!:: Harbour Construction, Inc. (Name of Firm) Mlle) ,,,tik.0,16109A44. A X Seal ,1 A 7340 SW 48 Street, Suite 102 (Business Address) Miami, FL 88155 (City/State/Zip Code) SURETY: Philadelphia Indemnity Insurance Com V, • (Corporate :Surety) • NaM2,1 (Surety Secretary) 4 —tts 7: (Signet re of Auth ized Officer) Stephen kaznier, Attorney -in -Fact (Title). 1411 Opus Place, Suite 450 (E3usiness Address) Downers GrOve, IL 60515 (City/State/Zip Code) Era Marine Stadium Basin Trail imprdvement&-. Prtiject B-17354 BiciSale/Recfuest for Quotation No. 21 22-(110. BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL De, '64 ,.certify that 1h• Se etary jifCorporati n named as Principal in the. Within. bond; "Tt; tn . . of .said cOrporation;. that, I. knot signature, and the signature hereto is genuine; and that said bond•wasAuly signed, sealed and at for and in lophalfOf said colporationby authority ofits governing body. STATE OF Illinois COUNTY OF DuPage CITY OF Downers Grove ) (Corporate Seal). Before me; 0 Notary Public duly .commissioned, and qualified,. personally appi Stephen Kazrner • to me 1•4vell known, who being by me first duly sworn upon, Says that he/she is the attorney -in -fad, forthe Philadelphia Indemnity Insurance Cornoarty .an locleinnity Insurance Company he/she has been authorized by • • • • to execute.the foregoing bond: on be the Oonfractor named therein in favor ofThe City of Mianii, Florida, Subscribed and sworn to before Me thisl7th clay -of INSTRUCTIONS:. Bid Bonds must be accompanied by a Power of.Attorney, in telt pliance with 11; Instructions to Bidders, OFFICIAL SEAL ALEX COSTELLO NOTARY PUBLIC, STATE Kr ILLINQW My Commission gx,plres itity2-3 June , 20 22 Notary Public, State of Illinois My ComMissiOn :Expires; November 1.9, 2023 Marine 'Stadium Basin Trail Improvements -. Project B-17354 SidSafe/Requestfor Quote No, 21.22. POA No. N/A PHILADELP J1AINDEMN►iVINSURANCECOMPANY One Dale. Plaza, Sui te 1.00 13a(aCynwyd, PA 19004-0950: Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: 'FhtPHILADELPHIA INDEMNiTY INSURANCECOMPANY(the Company},iiorpbration organized and existing under the laws of the Commonwealth ofPennsylvania, does -hereby tonstituteand. appoint Stephen' Kazmer, lames Moorean Melissa Sell/licit ofHub international Midwest Limited, its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances:and "other contracts of Indemnity and writings obligatory in the nature thereof, issued In the .Course of its.business and to bind the -Company thereby, in ana m Ount fiat to. exceed.$S0,009;00d. This Power of Attorney is granted add is signed and sealed by facsimile under and by the authority of"the following.R.esaiudgn adopted by the.Board ofI]irectors of PHILADELPJiIAINDEMNITY iNSURAN'CECOMPANY'.an 1he i4 ofi\Tovcmber 2016. RESOLVED: That. the Hoard o.f'Directors. hereby authorizes the. President• or any. Yieo President:of :the Company; (1) Appoint Attomey(s) in: Fact and autheirize the Attorneys) In Fact:. to execute on behalf of the Company bonds and undertakings; contracts of indemnity and other writings obligatory. in the nature thereof and to attach. the seal of the Company thereto; and. (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it . FUR'itREii RPSOi,YEii: That fire Amanitas of swats officers attd the seat oftha Company may be affixed to any such Power of Attorney or -certificate relating.thereto: by fuesiinile; nodally Stich Power of Attorney so. executed` and certi€sed by facsimile signatures And .fai strrtila seal shall: be valid and binding: upon: the Company in the future with respect- to any bond or undertaking to which it is attached,. IN TESTIMONY WHCIIEa#; 1?i IIL.ADELP.HIAA INDEMNITY I>>CSLRA 4CE COMPANY HAS CAUSED THIS; iNS.TR,UivIENT 'TO 11B SIGNED AND ITS CORPOR.A'Cly SEAi;,TOBB.AFE1XED B'Y YfS AUTHORIZED OPflO,E THIS 2Pn DAY 0I?.00TOBER;.2017.. (Seal). RobertD. O'Leary Jr„ President & CEO Philadelphia Indcmnity.Inautance Company On•this 27t day. of October;2147,..beforo me:came the incdiuidual:who executed Ifw preceding .instrument, to me pensonaily known,. and being by me duly sworn said, that he is the therein described and,authurjzed officer of the PIIILADEI.PIIIA ITSD :,MN1Tk" INSURANCE COMPANY', that. the seat affixcd.to said instrument is the Corporate seal 0said:Company; that the said Corporate Seel and,his siggnnatture were duly affixed. Notary Pttttlic: 111.1 residing et: Dare:Cynwyd. PA 14Lii commission expires: 5eptotshbar25.2021 •diargmenwe.4yunOtekt ware venmtrn.WAViteswryteurii hirCmtniu%rErob 1,9*U1,35, 1a71 (ISotary Seal) [, Edward Sayatgo, Corporate Secretary cif PHI .>ADELP,HIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board .of Directors end the Power of Attorney issued pursuant thereto on the 27'".day df October, 20.17 •fire true and:correct and are still .in full force and effect. J do further ecrtity that Robort D. O'Leary :tr.,. who executed the Power of Attorney as Presidbrit, was on:the date of execution of the attached Power of Attorney the duty elected President ofPHILAD0LPIIIA INDEMNITY INS DRANCE COMPANY.. in Testimony Wh ereof T have ttibscribed my name and.affixed the facsimile seal o f.each Company this 17th day of mine , 2022, Edward:Sayago,.Corporate Secretary' PWLADELPHIAi WCMis,VIARTYINSURANCE COMPANY QUESTIONNAIRE This completed form must be submitted with the bid. The City may, at its sole discretion, require that the Bidder submit additional information not included in the submitted form. Such information must be submitted within seven (7) calendar days of the City's request. Failure to submit the form, or additional information upon request by the City, shall result in the rejection of the bid as non- responsive. Additional pages may be used following the same format and numbering. By submitting its bid, the Bidder certifies the truth and accuracy of all information contained herein. A. Business Information 1. a) How many years has Bidder been in business under its current name and ownership? Professional Licenses/Certifications (include name and number)* Issuance Date General Contractor (CGC) 060330 LEED Accredited Professional and CUC 1225311 (*include active certifications of small business enterprise and name of certifying entity) b) Date Bidder licensed by Dept. of Professional Regulation: 8/4/2003 c) Qualified Business License: Yes No 0 If Yes, Date Issued 1/7/1999 19 6/9/2008 and 4/20/2016 2003 d) What is Bidder's business? GC: Paving, Drainage, Milling, Resurfacing, Framing, Mechanical, (This answer should be specific. For example: paving, drainage, schools, interior renovations, etc.) e) Name of Qualifier, license number, and relationship to Bidder: Alexander Guy Lesseur, CGC060330, Qualifier and Director f) Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to Bidder and years as qualifier for the Bidder. N/A 2. Name and Licenses of any prior companies: Name of Company License No. Issuance Date N/A 3. Type of Business Entity: 0 Corporation ® "S" Corporation ❑ LLC 0 Sole Proprietorship ❑ Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a Contract) Marine Stadium Basin Trail improvements -. Project B-17354 BidSafe/Request for Quotation No. 21-22-010 4. Business Entity Ownership: a) Identify all owners of the Business Entity. Name Title David Tobin % of ownership Owner 90 Alexander G. Lesseur Director 10 b) Is any owner identified above an owner in another company? ® Yes ❑ No If yes, identify the name of the owner, other company names, and % ownership Alexander G. Lesseur, Greenlight Construction Inc 100% c) Identify all individuals authorized to sign for the Business Entity, indicating the level of their authority (Check applicable boxes and for other provide specific levels of authority) Name and Title Signatory Authority All Cost No -Cost Other Ronald Tobin , President ❑ ❑ ❑ Leyla De La Espriella, VP Q ❑ ❑ ❑ Alexander G. Lesseur, Director Q 0 ❑ ❑ Explanation for Other: (Note: "All" refers to any type of document including but not limited to Contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost" refers to CPRs, COs. No -cost refers to RFIs, Notices, and other similar documents) 5. Employee Information: Total No. of Employees: 25 Number of Managerial/Admin. Employees: Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) Utilities and Streetscapes: 15 5 How many employees are working under H2B visas? Nnne 6. Has any owner or employee of the Bidder been convicted of a federal offense or moral turpitude? If yes, please explain: No 7. Insurance and Bond Information: a) Insurance Carrier name and address: Eastern Insurance Group 7400 SW 50th Terrace, Suite 100 Miami, FL 331 55 Marine Stadium Basin Trail improvements -. Project B-17354 BidSafe/Request for Quotation No. 21-22-010 b) Insurance Contact Name, telephone, and e-mail: David Lopez 305.595.3323 c) Insurance Experience Modification Rating (EMR): 0.80 (If no EMR rating please explain why) d) Number of Insurance Claims paid out in last five (5) years and their corresponding value: 1 claim ( Project completed over 10 yrs ago). Settlement amount covered by confidentiality agreement e) Bond Carrier name and address: Philadelphia Indemnity Insurance Company One Bala Plaza East, Suite 100, Bala Cnywyd, PA 19004-0950 f) Bond Carrier Contact Name, telephone, and e-mail: Martin Moss 774-696-3627 g) Number of Bond Claims paid out in last five (5) years and their corresponding value: None 8. Have 'any claims lawsuits been file against the Bidder in the past five (5) years? If yes, identify all Bidder has either settled or an adverse judgment has been issued against Bidder. Identify the year, • basis for the claim or judgment, and settlement; unless the value of the settlement is covered by a written confidentiality agreement. yes. Settlement agreement was made. Year basis 2010 and value is covered by confidentiality agreement. 9. To the best of Bidder's knowledge, is Bidder or any of Bidder's officers currently under investigation by any law enforcement agency or public entity? If yes, provide details: No 10. Has Bidder been assessed liquidated damages or defaulted on a Project in the past five (5) years? Yes ❑ No ® If yes, provide an attachment that provides an explanation of the Project. 11. Has Bidder been cited for any OSHA violations in the past five (5) years? If yes, please provide an attachment including all details on each citation. No 12. Provide an attachment listing all of the equipment, with a value of five thousand dollars ($5,000) or greater, owned by the Bidder. N/A B. Project Management and Subcontract Details 1. Bidder's Project Manager for this Project: a) Name: Alexander G. Lesseur b) Years employed by Bidder: 15 c) Licenses/Certifications: Civil Engineer, General Contractor, Underground Utility Contractor, LEED AP Marine Stadium Basin Trail Improvements -. Project B-17354 BidSafe/Request for Quotation No. 21-22-010 d) Last three (3) Projects with the company including role, Scope of Work, and value: Miami Beach Botanical Gardens, Prime Contractor, 1.4 mil Dade Blvd Bike Path, Prime Contractor, 5.8 mil Virginia Key Kayak Launch, Prime Contractor, 1.2mil 2. Subcontractors: Name Trade % of Work License No. Certification* RTD Horizontal 33% CUC1223685 CSBE BG Property Mnt Landscape 7% N/A N/A (*active certifications of small business enterprise and name of certifying entity) 3. Scope of Physical Labor Construction Work to be performed by Bidder and the corresponding percentage of the Work: (This does not Include such items as insurance * bonds, dumpsters, trailers, and other similar non - Work items) 60% Ecoraster installation, gravel rock install, granite rock install, Marine Stadium Basin Trail improvements -. Project B-17354 BidSafe/Request for Quotation No. 21-22-010 City of Miami, Department of Procurement Experience of the Prime Contractor - Reference Form BidSafe/RFQ-GCR INSTRUCTIONS Bidders shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS, WILL RESULT IN THE BID BEING REJECTED AS NON -RESPONSIVE. Name of Certified General Contractor (CGC): Harbour Construction The above referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Miami Beach Botanical Gardens Scope of Referenced Work: Renovation project including all new pedestrian walk trails Did the Scope involve developing recreational trails of similar size, scope, and complexity to the Project, within the past ten (10) years? ® Yes ❑ No Value of Project: $ 1.4 Million Date Completed: May 2013 Percentage of physical construction Work self -performed by the CGC: 30 Was Project completed on time and within budget: x❑ Yes ❑ No If no, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Reference Company Name: City of Miami Beach Reference Name/Title and Position: Thais Vieria. CM Reference Phone Number and E-mail Address: tvieria(miamibeachfl.gov L By signing below, I certify all information is true and correct to the best of my knowledge. Bidder's Signature • Marine Stadium Basin Trail Improvements -. Project B-17354 BidSafe/Request for Quotation No. 21-22-010 111011 NAM)* if; ft rnl.J� City of Miami, Department of Procurement Experience of the Prime Contractor - Reference Form BidSafe/RFQ-GCR INSTRUCTIONS Bidders shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the 'Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors: FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS, WILL RESULT IN THE BID BEING REJECTED AS NON -RESPONSIVE. e Following Section to be Com + feted by the Bidder Name of Certified General Contractor (CGC): Harbour Construction The above referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Dade Blvd Bike Path Scope of Referenced Work: Pervious Concrete Sidewalks Did the Scope involve developing recreational trails of similar size, scope, and complexity to the Project, within the past ten (10) years? ® Yes ❑ No Value of Project: $ 5.8 Million Date Completed: Aug 2014 Percentage of physical construction Work self -performed by the CGC: 30 Was Project completed on time and within budget: x❑ Yes ❑ No If no, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Reference Company Name: City of Miami Beach Reference Name/Title and Position: Hermes Diaz, PM Reference Phone Number and E-mail Address: Hdiaz@miamibeachfl.gov rddei's Certification of tnforriiatton By signing below, I certify all information is true and correct to the best of my knowledge. 1 Bidder's Signature Marine Stadium Basin Trail Improvements -. Project B-17354 BidSafe/Request for Quotation No. 21-22-010 City of Miami, Department of Procurement Experience of the Prime Contractor - Reference Form BidSafe/RFQ-GCR INSTRUCTIONS Bidders shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE NUMBER OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS, WILL RESULT IN THE BID BEING REJECTED AS NON -RESPONSIVE. e Following Section to be Corn0E0ted bit the Bid Name of Certified General Contractor (CGC): Harbour Construction The above referenced CGC is responding to a bid that has been issued by the City of Miami. The City requires that the CGC provide written references with their bid submission. By furnishing you with this document, the CGC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Virginia Key Kayak Launch Scope of Referenced Work: Seashell Walkway Did the Scope involve developing recreational trails of similar size, scope, and complexity to the Project, within the past ten (10) years? ® Yes ❑ No Value of Project: $ 1.2Million Date Completed: August 2021 Percentage of physical construction Work self -performed by the CGC: 30 Was Project completed on time and within budget: x❑ Yes ❑ No If no, was the CGC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: OA Comments: Reference Company Name: City of Miami Reference Name/Title and Position: Richard Pope, CM Reference Phone Number and E-mail Address: rpopepmiamigov.com er's Certification of Information By signing below, I certify all information is true and correct to the best of my knowledge. Bidder's Signature — Marine Stadium Basin Trail Improvements -. Project 0-17354 BidSafe/Request for Quotation No. 21-22-010 Project No. B-17354 CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION FORM Project Title: Miiami Marine Trail Basin Sheet No. of This Form should be submitted with a bidder's bid form submittal. Failure to submit this Form with the bid may result in the bid being rejected as non -responsive. The City in its reasonable discretion may allow, in the interest of the competition, the Bidder to submit the Form after bids are due (as supplemental information). Provide the following information for each subcontractor regardless of tier.* Attach additional sheets if necessary. Name of Business Portion of Work Dollar Amount Percent Address/City/State/Zip License Information* Miami-DadeCertiffIcation* CBE CSBE N/A Type Number BG Property Mntn. Landscape Re val 140k 7% 11461 SW 95th St N/A 0 Q c RTD _ -Jprizontal. Milliin + Misc F 330/ 1741 SW 134 CI _ CUC 1223685 n 0 0 0 0 . f r 0 0 . Q 0 0 0 0 0 0 0 C 0 0 0 0 fl D 0 0 0 0 0 0 0 0 Must be certified by Miami -Dade County. AU tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents. "`List only those relevant to this Project. e**Check N/A if the listed SU does not have a CBE/CSBE certification (e.g., independent third party verifier) Form SU CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Parks and Recreation DEPT. CONTACT PERSON: LaCleveia Morley EXT. 305.900.3880 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Florida Department of Environmental Protection IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? El YES 0 NO TOTAL CONTRACT AMOUNT: S 2oo.eco.00 FUNDING INVOLVED? 0 YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT 0 GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT El LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY): To execute the grant agrement between the City of Miami and The.Florida Department of Environmental Protection to assist in trail repairs/upgrades and signage installation at the Marine Basin. COMMISSION APPROVAL DATE: 12 /19 /2019 FILE ID: 6780 ENACTMENT NO.: R-19-0493 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A \k---! ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR PRINT: Lara Hamwey SIGNATURE:Hamwey, Lara Ya. 3I'a0.',n7,,=, SUBMITTED TO RISK MANAGEMENT 8/12/20 PRINT: ANN-MARIE SHARPE 0ys:;^°.e,T<•T;M. SIGNATURE: Dote =JCS.121c 0322 SUBMITTED TO CITY ATTORNEY PRINT: VICTORIA MENDEZ a�«r,N,��' SIGNATURE: =_ ` --- q'° ro"� "aas APPROVAL BY ASSISTANT CITY MANAGER PRINT:Dr. Zeribe Ihekwaba Ihekwaba, Nf z„' "' - SIGNATURE: Nzeribe °'"'°'`""""" RECEIVED BY CITY MANAGER PRINT: ART NORI GA • 4`% SIGNATURE. 1) ONE ORIGINAL TO CITY CLERK; 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING CIRIGINAL(S), TO ORIGINATING DEPARTMENT PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.071, Florida Statutes: 1. Project Title (Project): Agreement Number: Marine Stadium Basin Trail at Virginia Key T1801 2. Parties Grantee Name: State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 City of Miami (Department) Entity Type: Local Government Grantee Address: 444 SW 2nd Avenue, 5th Floor, Miami, FL 33130 FEID: 59-6000375 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution Two years from date of execution 4. Project Number: T18001 (If different from Agreement Number) Project Location(s): 3501 Rickenbacker Causeway, Miami, FL 33130 Project Description: Construction of 11.25' x 770 L.F. (+/- 10%) asphalt trail and renovation of 11.25' x 5,200 L.F. (+/-10%) asphalt trail with purchase and installation of trailhead and wayfinding signage. 5. Total Amount of Funding: $200,000.00 Funding Source? ❑ State ®Federal Award #s or Line Item Appropriations: RTP18 Amount per Source(s): $200,000.00 ❑ State ❑Federal IZ Grantee Match $200,000.00 Total Amount of Funding + Grantee Match, if any: $400,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Latoya Osborne Name: Lauren E. Cruz or successor Address: 3900 Commonwealth Boulevard Address: 444 SW 2nd Avenue MS 585 Tallahassee, FL 32399-3000 Phone: 850-245-2686 Email: Lauren.Cruz@FloridaDEP.gov or successor 8th Floor Miami, FL 33130 Phone: 305-416-1325 Email: Ltosborne@miamigov.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: FA Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements V Attachment 2: Special Terms and Conditions V Attachment 3: Grant Work Plan V Attachment 4: Public Records Requirements FA Attachment 5: Special Audit Requirements FA Attachment 6: Program -Specific Requirements FA Attachment 7: RTP 18 Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com, in accordance with §215.985, F.S. F4 Attachment 8: Federal Regulations and Terms (Federal) FA Additional Attachments (if necessary): Attachment 9: Required Contract Provisions F4 Exhibit A: Progress Report Form • Exhibit B: Property Reporting Form 0 Exhibit C: Payment Request Summary Form • Exhibit D: Quality Assurance Requirements for Grants • Exhibit E: Advance Payment Terms and Interest Earned Memo FA Additional Exhibits (if necessary): Exhibit F: A&E; Exhibit G: 49 CFR 26.13 DEP Agreement No. T1801 Rev. 6/20/18 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): • Federal. Award ideritificatioi Number(s) (FAIN)::'.:.: 12RECT018 Tederai Award t ate'to Department:::::::: ':'::::;°:.°°:::::: 9/11/18 ° :Total Federal Atli& Obligated by this Agrees etit:: $200,000.00 -Federal Awarding AgericYi U.S. Department of Transportation — Federal Highway Administration ::Award R&D i ';:' °'. `::•..::","`' =' °°:::::; .:: °'' : ':" '.";.;:' :. ;' ` ; . Yes N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. City of Miami GRANTEE Grantee Name By Date Signed (Authorized Signature) Print Name and Title of Person Signing State sef 1p ida Depart dibtEnyimmental Protection DEPARTMENT Hamllton Hamilton ' :Date:,2020.10.0E By ,' 07:48:32 -0500' Secretary or Designee Emile D. Hamilton Deputy Secretary Date Signed. Print Name and Title of Person Signing 0 Additional signatures attached on separate page. DEP Agreement No. T1801 Rev. 6/20/18 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the,entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; and/or (3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1 of 11 Rev. 8/28/18 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Depaitalent does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. Attachment 1 2 of 11 Rev. 8/28/18 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for thecompletion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: www.mvfloridacfo.com/aadir/reference guide/. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www. myfloridacfo. com/D ivis io nIAA/Vendors/default.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, Attachment 1 3 of 11 Rev. 8/28/18 and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that' include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed -price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed -price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed - price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed -price subcontract. The Grantee may request approval from Department to award a fixed -price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attomey's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. Attachment 1 4 of 11 Rev. 8/28/18 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Department must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it Attachment 1 5 of 11 Rev. 8/28/18 has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. Attachment 1 6 of 11 Rev. 8/28/18 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to Attachment 1 7 of 11 Rev. 8/28/18 other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Attachment 1 8 of 11 Rev. 8/28/18 Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http: //do s. mvfl orida. c om/library-archives/records-manaeement/general-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https \apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department Attachment 1 9 of 11 Rev. 8/28/18 may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment 1 10 of 11 Rev. 8/28/18 is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 11 of 11 Rev. 8/28/18 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. T1801 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is the construction of 11.25' x 770 L.F. (+/- 10%) asphalt trail and renovation of 11.25' x 5,200 L.F. (+/- 10%) asphalt trail with purchase and installation of trailhead and wayfmding signage. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are two one-year extensions available to the Grantee, if requested in writing, for good cause, subject to the conditions in 62S-2.075(7)(a), F.A.C. There are no other extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur after approval of the fmal delivereable(s). c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ® Salaries/Wages Overhead/Indirect/General and Administrative Costs: ® © a. Fringe Benefits, N/A. b. Indirect Costs, N/A. ® Contractual (Subcontractors) ❑ ❑ Travel O ❑ Equipment © Rental/Lease of Equipment ® ® Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Travel. Additional compensation for travel is not authorized under this Agreement. 6. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 7. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 8. Match Requirements The Agreement requires at least a 50% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $200,000 through cash or third party in -kind towards the project funded under this Agreement. Attachment 2 1 of 3 Rev. 12/11/2018 The Grantee may claim allowable project expenditures made on 9/11/2018 or after for purposes of meeting its match requirement as identified above. Each payment request submitted shall document all matching funds and/or match efforts (i.e., in -kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. All required matching funds shall meet the federal requirements established in 2 CFR § 200.306 and other federal statutory requirements, as applicable. Grantee acknowledges and agrees to provide eligible match types as set forth in subsection 62S-2.071(4)(b), F.A.C. Grantee acknowledges and agrees not to provide ineligible match sources which includes value of real property or inmate labor. 9. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S., and employer's liability insurance with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement. d. Other Insurance. None. 10. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 11. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 12. Subcontracting. a. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed -price subcontracts pursuant to this Agreement, which require prior approval. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. b. The Grantee shall physically attach: (1) Attachment 8, Contract Provisions for Department of Transportation (DOT) Funded Agreements; (2) Exhibit F, Form FHWA-1237, Required Contract Provisions Federal -Aid Construction Contracts; and (3) Exhibit G, 49 CFR §26.13; to all subcontracts executed under this Agreement. 13. State-owned Land. The work will not be performed on State-owned land. Attachment 2 2 of 3 Rev. 12/11/2018 14. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 15. Additional Terms. a. Section 8. Insurance., of Attachment 2 is deleted and replaced with the following paragraph. Section 8. Insurance. City Operates a self -insured program with respect to general liability, auto and statutory workers' compensation coverage in accordance and subject to the limitations and provisions set forth in Section 768.28 of the Florida Statutes. b. The Recipient will require any subcontractors under this Agreement to save and hold harmless and indemnify the State of Florida and the Department against any and all liability, claims, judgments, or costs for injury to, or death of, any person or persons and for the loss of damage to any property resulting from the use, service, operation, or performance of work under the terms of this Agreement resulting from the negligent acts of the subcontractor, or any employees, agents, or representatives of the subcontractor. This provision must be included in any subcontract issued pursuant to this Agreement. Attachment 2 3 of 3 Rev. 12/11/2018 ATTACHMENT 3 GRANT WORK PLAN RECREATIONAL TRAILS PROGRAM (RTP) Project Name: Marine Stadium Basin Trail at Virginia Key Grantee Name: City of Miami RTP Project # T18001 SUMMARY: The Grantee will complete the Project Element(s), which were approved by the Department through the RTP Application Evaluation Criteria, pursuant to Chapter 62S-2, Florida Administrative Code (F.A.C.) and the FHWA Recreational Trails Program Interim Guidance Manual. Any alteration(s) to the Project Element(s) defined in the Grant Work Plan resulting in a change in the total point score of Grantee's Application as it appears on the RTP Advisory Committee's Priority List for FY2017-18 is considered a significant change, must be pre -approved by the Department, and requires a formal Amendment to this Agreement. All work must be completed in accordance with laws, rules, and guidance including, but not limited to: local, state and federal laws, the approved Project plans, all required permits, the Florida Building Code and, as applicable, the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways ("Florida Greenbook"). Prior to the Department issuing a Notice to Proceed to the Grantee, as specified in Attachment 6, Program Specific Requirements, the Department must receive evidence of and have approved all Deliverables in Task 1. - The Department will designate the Project complete upon receipt and approval of all Deliverables and when Project site is open and available for use by the public for outdoor recreation purposes. The Department will retain ten percent (10%) of the Grant Award until the Grantee completes the Project and the Department approves the Completion Documentation set forth in paragraph 62S-2.075(7)(e), F.A.C. The final payment of the retained ten percent (10%) will be processed within thirty (30) days of the Project being designated complete by the Department. For the purpose of this Agreement, the terms "Project Element" and "Project Task" are used interchangeably to mean an identified facility within the Project. The project is located at 3501 Rickenbacker Causeway, Miami, FL 33130 and is a Non-Motorized/Diverse Use Trail. BUDGET: Reimbursement for allowable costs for the Project may not exceed the maximum grant award amount outlined below. Required match will be provided by cash or in - kind services as set forth in subsection 62S-2.071(4), F.A.C. Grantee shall maintain an accounting system that meets generally accepted accounting principles and will maintain financial records to properly account for all Program and matching funds. The total estimated Project cost provided below is based on the approved RTP Application. A detailed Project cost analysis will be provided in the Deliverables for with the payment request. Task 1, prior to the Department issuing the Notice to Proceed. All final Project costs shall be submitted to the Department Maximum Grant Award Amount: $ 200,000 Required Grantee Match Amount: $ 200,000 Total Estimated Project Cost: $ 400,000 Match Ratio: 50:50 Scope of Work/Tasks within Deliverable Deliverables Due Date Financial Consequences TASK 1 DELIVERABLE 1 1.A. Development of Commencement The Department will issue Notice to Proceed upon receipt and The Department will terminate the Documentation Checklist (OGT-11)1. approval of: 180 calendar days after Execution of Project Agreement if the required DEP Agreement No.: T1801, Attachment 3, Page 1 of 3 1.B. A Cost Analysis Form, with detailed budget (and In -House Cost Schedule(s), if applicable). 1.A. All applicable Project specific Commencement documentation, listed on Commencement Documentation Checklist (OGT-11). 1.B. Cost Analysis Form with detailed budget (and/or In - House Cost Schedule(s), if applicable). Project planning expenses, such as application preparation, surveys (boundary and topographic), title searches, project signs, architectural and engineering fees, permitting fees, project inspection fees, and other similar fees are eligible for reimbursement. However, reimbursement, if requested, shall not to exceed fifteen percent (15%) of total Project cost, and shall be invoiced upon Project completion, in accordance with the Payment Request Schedule below. The Grantee may not proceed with construction of the Project until Notice to Proceed has been issued. Agreement2 Deliverables are not submitted and approved by the Department. TASK 2 DELIVERABLE 2 2.A. Development of Project Elements, including: The Grantee may request reimbursement upon Department Due 60 calendar No reimbursement will be made for ° Construction of 11.25'x 770 L.F. (+/- 10%) receipt and approval of: days prior to the Deliverable(s) deemed unsatisfactory by asphalt trail and renovation of 11.25' x 5,200 L.F. 2.A. Development of required Project Elements. expiration of this the Department. Payment(s) will not be (+/- 10%) asphalt trail with purchase and installation of trailhead and wayfinding signage. 2.B. All applicable Project specific Completion Agreement which shall also be the made for unsatisfactory or incomplete work. In addition, a Task may be , documentation listed on Project Completion Documentation Project s terminated for Grantees failure to 2.B. Development of Completion of Checklist (OGT-13). Completion Date perform. Documentation Checklist (OGT-13). 2.C. Final Status Report (DRP-109). 2.C. Completion of Final Status Report (DRP- 109). The Grantee may request reimbursement for allowable budgeted expenses and costs pursuant to the Agreement that are directly related to the successful completion of construction and/or development of the Project site. Reimbursement shall not exceed the Grant Award Amount, less any reimbursement requested for Deliverable 1, and shall be invoiced upon Project completion, in accordance with the Payment Request Schedule below. Ten percent (10%) of the payment request will be retained until the Project is designated complete by the Department. DEP Agreement No.: T1801, Attachment 3, Page 2 of 3 Project Task Performance Standard: The Department's Grant Manager will review the Project Completion Certificate and the Deliverables to verify compliance with the requirements for funding under the Recreation Trails Program (RTP); approved plans and application approved for funding. Upon review and written acceptance by the Department's Grant Manager of the Project Completion Certification and the Deliverables, the Grantee may proceed with the payment request submittal. Payment Request Schedule: Following Department approval of all Project Deliverables, the Grantee may submit a single payment request on Payment Request Summary Form (DRP-115) along with all required documentation as outlined in the Financial Reporting Procedures (DRP-110), as applicable, to support payment. A payment request submitted as part of the reimbursement process must correspond with the Cost Analysis and supporting documents provided under Project Tasks. The payment request must include documentation regarding the match source, as required. Endnotes: 1. RTP documentation is available at https://tloridadep.gov/lands/land-and-recreation-grants/content/recreational-trails-program and/or, Land and Recreational Grants Section, State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, M.S. 585, Tallahassee, Florida 32399-3000. 2. Project Agreement is subject to termination if Commencement documents under Task 1 are not received and approved by the Department within 12 months of the Project Agreement execution. 3. This time period may be extended within the parameters of the RTP and/or FHWA federal guidelines, upon written request of the Grantee and approval by the Department. DEP Agreement No.: T1801, Attachment 3, Page 3 of 3 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term. "contract" means the "Agreement.", If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Depattiiient to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public. services(a,floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev.4/27/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department'; "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient'; "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330 (for fiscal year start dates after December 26, 2014). 1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014) or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. 3. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). Attachment 5 1 of 5 Rev. 7/18/2018 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.gov PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.tldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome!index.cfm, State of Florida's website at http:'/www.mvtlorida.com/, Department of Financial Services' Website at http://www.tldfs.com/and the Auditor General's Website at http://www. myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (Le., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: Attachment 5 2 of 5 Rev. 7/18/2018 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEP S ingleAudit@ dep. state. fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised, and 2 CFR §200.512. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit(a.dep. state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Attachment 5 3 of 5 Rev. 7/18/2018 Electronically: FDEP SingleAudit(a,dep. state. fl.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEP SingleAudit(i4dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of 5 Rev. 7/18/2018 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to th's Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category Original Agreement U.S. Department of Transportation — Federal Highway Administration 20.219 Recreational Trails Program $ 200,000 140185 State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Follow ing Matching Resources for Federal Programs: Federal Program Number Federal Agency CFDA (TI)n Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Total Award $ 200,000 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. Attachment 5, Exhibit 1 5 of 5 Rev. 4/27/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM SPECIFIC REQUIREMENTS FOR THE RECREATIONAL TRAILS GRANT PROGRAM ATTACHMENT 6 1. Project Submittal Forms. Administrative Forms, Reimbursement Forms and guidelines referenced in this Agreement may be found at https://floridadep.gov'000lland-and-recreation-grants/contentlrecreational-trails-program, or by contacting the Department's Grant Manager. 2. Notice to Proceed. Prior to commencement of Project, the Grantee shall submit to the Department for approval all documentation and completion of responsibilities listed on the Commencement Documentation Checklist, OGT-11. In addition to the Checklist items, the Grantee shall submit a copy of the executed subcontract to the Department. Upon satisfactory approval by the Department, the Department will issue written "Notice to Proceed" to the Grantee to commence the Project. The Grantee SHALL NOT proceed until the Department issues the "Notice to Proceed". The Grantee shall commence Task Performance within ninety (90) days after the "Notice to Proceed" is issued by the Department, unless the Grantee requests an extension in writing for good cause, in accordance with the requirements of 62S- 2.075(7)(a), F.A.C. 3. RTP Guidelines. a. This Agreement must be performed according to all applicable state and federal guidelines, including but not limited to, 23 U.S.C. § 206, Chapter 260, F.S., Chapter 62S-2, F.A.C., and the FHWA Recreational Trails Program Interim Guidance Manual (Manual). The Grantee acknowledges that receiving this grant does not guarantee that a federal, state, or local permit will be issued for a particular activity to complete the Project. Further, the Grantee agrees to ensure that Grantee has obtained all necessary permits prior to implementing any Grant Work Plan activity that may fall under applicable federal, state, or local laws. b. The Department will terminate this Project Agreement if the Commencement Documentation is not received and approved by the Department within twelve (12) months of this Project Agreement's execution. The Department may extend this time period for good cause, such as a natural disaster, pursuant to subparagraph 62S-2.075(7)(d)3, F.A.C. c. The Grantee shall adhere to the uniform administrative requirements for federal awards from the Department of the Interior, found under 2 CFR 1402. 4. National Environmental Policy Act Compliance. The Grantee's compliance with the Florida Department of Transportation's Project Development and Environmental Manual (PD&E Manual), hereby incorporated by reference constitutes compliance with National Environmental Policy Act (NEPA) standards as more fully implemented pursuant to subsection 62S-2.074(1), F.A.C. 5. The following hereby replaces paragraph 8.d, Attachment 1, Standard Terms and Conditions: a. Reimbursement for Costs. Project costs will be reimbursed as provided in paragraph 62S-2.075(3)(a), F.A.C. and in the Project Agreement. The Grantee must incur costs between the effective date of, and the Project Completion Date identified in, the Project Agreement, except for Pre -agreement expenses. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: www.rnvfloridacfo.com/nadir/reference guide`. i. Pre -agreement Expenses means expenses incurred by a Grantee for an eligible RTP project after authorization by Federal Highway Administration (FHWA) but before full execution of the Agreement. RTP funds remaining after termination of a grant award or completion of Project will revert to the State's program funds under the provisions of the federal Transportation Equity Act for the 21st Century (TEA-21) and subsection Attachment 6 1 of4 Rev. 9/4/2018 62S-2.075(6), F.A.C. All funds not paid out after four (4) years will revert to FHWA pursuant to paragraph 62S-2.075(7)(a), F.A.C. The Grantee will be entitled to reimbursement of eligible Pre -agreement Expenses for expenses incurred after the Department provides notice of Project approval and before the effective date of this Agreement. 6. The following hereby replaces paragraph 8.h, Attachment 1, Standard Terms and Conditions: h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature & the FHWA. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature & the FHWA reduces or eliminates appropriations. It is further understood that Grant Awards may be revised by the Department due to the availability of RTP Program Funds. 7. The following hereby adds to paragraph 8, Attachment 1, Standard Terms and Conditions: k. Project Costs. The Department will reimburse Project costs pursuant to paragraph 62S-3.075(3)(a), F.A.C., and as provided herein. The Grantee must incur all reimbursable Project costs between the Effective Date of the Agreement and the Project Completion Date as set forth in the Project Completion Certification. 1. Cost Limits. Pursuant to paragraph 62S-2.075(3)(b), F.A.C., project planning expenses, such as application preparation, surveys (boundary and topographic), title searches, project signs, architectural and engineering fees, permitting fees, project inspection fees, and other similar fees are eligible Project costs provided that such costs do not exceed fifteen percent (15%) of the total Project cost. These costs must be incurred between the Agreement Begin Date and the Agreement Expiration Date. 8. The following replaces paragraph 10, Attachment 1, Standard Terms and Conditions: Status Reports. a. The Grantee must utilize Exhibit A, Project Status Report, DRP-109, available online and incorporated herein by reference, to describe the work performed during the reporting period, problems encountered, problem resolutions, schedule updates, and proposed work for the next reporting period. The Project Status Reports must be submitted to the Department's Grant Manager no later than January 5, May 5, and September 5. The Department's Grant Manager will have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. The Department's Grant Manager will have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. b. Additionally, the Grantee must comply with the reporting and inventory requirements set forth in the Statewide Comprehensive Outdoor Recreation Plan (SCORP), available online: https:/!floridadep.goviparks/florida-scorp- outdoor-recreation-florida and hereby incorporated by reference, by updating the Florida Outdoor Recreation Inventory (FORT) system (https: ifloridadep.goviparks/florida-outdoor-recreation-inventorv). 9. Site Dedication. a. The Grantee agrees to dedicate for ninety-nine (99) years the Project Site and all land within the Project boundaries, which is developed or acquired with RTP Program Funds, as an outdoor recreational area for the use and benefit of the general public in accordance with Rule 62S-2.076, F.A.C. Land under control other than by ownership of the Grantee (e.g., by lease) must be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum of twenty-five (25) years from the Project Completion Date as set forth in the Project Completion Certificate. The lease must not be revocable at will; must extend for twenty-five (25) years after Project Completion Date; and must include safeguards to ensure the use requirement enabling the Grantee to dedicate the land for the twenty-five (25) year period. Safeguards include such things as joint sponsorship of the Project or an agreement between the Parties that the lessor will assume compliance responsibility for the Project Site in the event of default by the lessee (Grantee) or termination or expiration of the lease. The dedication must be recorded in the county's public property records by the Grantee, or in the case of a nonprofit Grantee, by the land owner. Execution of this Agreement by the Department constitutes an acceptance of a Project Site dedication on behalf of the general public of the State of Florida. The Project Site(s) must be open at reasonable times and must be managed in a safe and attractive manner. The Grantee must obtain Department approval prior to any development of facilities on the Project Site. This Agreement is not transferable. b. Should the Grantee's interest in the land change, either by sale, lease, or other written legal instrument, the Grantee is required to notify the Department in writing of the change no later than ten (10) days after the change occurs, Attachment 6 2 of 4 Rev. 9/4/2018 and the Grantee is required to notify all subsequent parties with interest to the land of the terms and conditions as set forth in this Agreement. c. At the option of the Grantee, the Project Site may be afforded Section 6(f)(3) protection of the Land and Water Conservation Fund Act (LWCF), as codified in 36 CFR § 59.3. The Grantee must have sufficient control and tenure of the Project Site as specified in the LWCF Manual in order to provide reasonable assurance that a conversion will not occur without approval of the National Park Service. The Grantee must notify the Department that it requests Section 6(f)(3) protection prior to the FHWA authorizing the Project. 10. Management of Project Site. a. Site Inspections. Grantees must ensure by site inspections that facilities on the Project Site are being operated and maintained for public outdoor recreational purposes for a period of twenty-five (25) years from the Project Completion Date set forth in the Project Completion Certificate. The Project Site must be open at reasonable times and managed in a safe and attractive manner. b. Non -Compliance. The Department will terminate an Agreement and demand return of the program funds (including interest) if a Grantee fails to comply with the terms stated in the Agreement. If the Grantee fails to comply with the Agreement, the Department will declare the Grantee ineligible for further participation in RTP until such time as the Grantee comes into compliance. c. Public Accessibility. All facilities must be accessible to the public on a non-exclusive basis without regard to age, gender, race, religion, residence, or ability level. d. Entrance Fees. Grantees may charge user fees for the Project Site, as described in the Guidance. Reasonable differences in entrance fees for other RTP projects may are allowed on the basis of residence, but only if the grantee can clearly show that the difference in entrance fees reflects, and is substantially related to, all economic factors related to park management, and is not simply related to the amount of tax dollars spent by the residents for the park; and that a definite burden on the Grantee in park maintenance costs clearly justifies a higher fee for nonresidents. 11. Procurement Requirements for Grantee. The Grantee must secure all goods and services for accomplishment of this Project according to its adopted procurement procedures and applicable federal requirements identified in the FHWA Recreational Trails Guidance Manual. 12. Project Completion Certification. Project completion means the Project is open and available for use by the public. To certify completion, the Grantee will submit to the Department the Project Completion Certification, OGT-14, available online and incorporated herein by reference. The Project must be designated complete prior to release of final reimbursement. 13. Good Cause Extensions. The Department staff will only extend this Agreement for good cause such as financial hardship, public controversy, material shortage, unexpected weather conditions, or other major factors beyond Grantee's control. 14. Signage. The Grantee must erect a permanent information sign on the Project site which credits funding or a portion thereof, to the Florida Department of Environmental Protection and the Recreational Trails Program. The sign must be made of appropriate materials, which will be durable for a minimum of twenty-five (25) years after the Project is complete. The sign must be installed on the Project site and approved by the Department before the final Project reimbursement request is processed. 15. Termination and Ineligibility. In addition to the remedies provided elsewhere in this Agreement, if the Grantee materially fails to comply with the terms stated in this Agreement or with any provisions of Chapter 62S-2, F.A.C., the Department shall terminate this Agreement and demand return of the program funds (including interest) and any equipment purchased with grant funds that has not been properly disposed of in accordance with the federal property management requirements set forth in 2 CFR Part 200, Subpart D (§§ 200.310 through 200.316). Furthermore, the Department shall declare the Grantee ineligible for further participation in RTP until such time as compliance has been obtained pursuant to subsection 62S-2.076(4). Attachment 6 3 of 4 Rev. 9/4/2018 16. Conversion. This Project Site acquired and/or developed with RTP assistance must be retained and used for public outdoor recreation. Should the Grantee, within the periods set forth in subsections 62S-2.076(1) and (2), F.A.C., convert all or part of the Project Site to other than public outdoor recreational uses, the Grantee must replace the area, facilities, resource, or Project Site at its own expense with an acceptable project of comparable or greater value, scope, and quality. 17. Monitoring. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Transportation (FDOT) and FHWA. The Grantee also grants the FDOT and FHWA the same monitoring rights it has agreed to provide the Department. Attachment 6 4 of 4 Rev. 9/4/2018 ATTACHMENT 8 Contract Provisions for Department of Transportation (DOT) Funded Agreements The Department, as a Non -Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term "Recipient" shall mean "Grantee." Further, the Department, as a pass -through entity, also requires the Grantee to pass on these requirements to all lower tier subrecipients, and to comply with the provisions of the award, including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore, Grantees must include these requirements in all related subcontracts and/or sub -awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub -awards, however for all such subcontracts and sub -awards, the Grantee shall assume the role of the Non -Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative, Contractual, and Legal Remedies The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies described in the elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions of this Contract, including any Federal or State statutes, rules or regulations, applicable to this Contract, the Non -Federal Entity may take one or more of the following actions. A. Temporarily withhold payments pending correction of the deficiency by the Recipient. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Contract. D. Take other remedies that may be legally available. The remedies identified above, do not preclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the right to demand a refund, either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunity Clause The following provision applies if the agreement meets the definition of "federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient agrees as follows: i. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which Attachment 8 1 of 5 Rev. 9/4/18 an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information. iv. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 4. Davis Bacon Act If the Agreement is a prime construction contract in excess of $2,000 awarded by the Recipient, and if required by the Federal Legislation, the Recipient must comply with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once a week. The Recipient must comply with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each Recipient or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer Attachment 8 2 of 5 Rev. 9/4/18 or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Rights to Inventions Made Under Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the Non - Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Non -Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Clean Air Act (42 U.S.C. 7401-7671q.), the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), and EPA Regulations If the Agreement is in excess of $100,000, the Recipient shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and by the EPA (40 CFR Part 15). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). 8. Debarment and Suspension (Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 9. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award, using form SF-LLL, available at: https://applv07.grants.gov/apply/forms/sample/SFLLL 1 2 P-V 1.2.pdf. 10. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. ADMINISTRATIVE 11. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200, 48 CFR 31, and 40 U.S.C. 1101 et sequence. 12. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212. 13. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) Recipients, their employees, subrecipients under this award, and subrecipients' employees may not: A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; B. Procure a commercial sex act during the period of time that the award is in effect; or C. Use forced labor in the performance of the award or subawards under the award. 14. Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14, 2016 has been permanently extended (Public Law (P.L.) 114-261). A. This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot Attachment 8 3 of 5 Rev. 9/4/18 program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712. C. The Recipient shall insert this clause, including this paragraph C, in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause, including this paragraph C in any subawards and contracts awarded prior to the effective date of this provision. 15. Notification of Termination (2 CFR $ 200.340) In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award, the termination shall be reported to the Office of Management and Budget (OMB) -designated integrity and performance system, accessible through System for Award Management (SAM) currently the Federal Awardee Performance and Integrity Information System (FAPIIS). The Non -Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 16. Additional Lobbying Requirements A. The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. B. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant (and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs onto contracts awarded using proper procurement procedures. C. Pursuant to 2 CFR §200.450 and 2 CFR §200.454(e), the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. COMPLIANCE WITH ASSURANCES 17. Assurances Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. FEDERAL REPORTING REQUIREMENTS Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after October 1, 2015, are subject to the FFATA the Federal Funding Accountability and Transparency Act ("FFATA") of 2006. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. The Grantee agrees to provide the information necessary, within one (1) month of execution, for the Department to comply with this requirement. DEPARTMENT OF TRANSPORTATION -SPECIFIC 18. DOT Regulations Recipients shall comply with the following regulations: 2 CFR 1200-1201, 49 CFR 17, 49 CFR 20-21, 49 CFR 25-28. 19. Retention and Access Requirements for Records Pursuant to 49 CFR § 18.37(a)(3), for cost reimbursement subgrants of any tier, Recipients and subrecipients shall comply with the record retention and access requirements of 49 CFR § 18.42. 20. Energy Efficiency Policies Recipients must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). Attachment 8 4 of 5 Rev. 9/4/18 21. Drug -Free Workplace The Department must make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in 49 CFR 32. Additionally, in accordance with these regulations, the recipients must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. 22. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act As applicable, Recipient shall comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) to provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 23. Payments to Subcontractors The Recipient must pay all subcontractors within 30 days of receipt of payment in accordance with 49 CFR 26.29. If retainage is withheld, the Department may make prompt and regular incremental acceptances of portions of the Agreement and pay retainage to Recipients based on these acceptances. Further, the Recipient must pay all retainage owed to the subcontractors for satisfactory completion of the accepted work within 30 days after your payment to the Recipient. FEDERAL HIGHWAY ADMINISTRATION -SPECIFIC 24. Federal Highway Administration (FHWA) Contractors & Recipients General Terms and Conditions for Assistance Awards Recipients shall comply with FWHA Contractors & Recipients General Terms and Conditions for Assistance Awards available at https://www.thwa.dot.uov/cfo/contractor recip/gtandc generaltermsconditions.cfm, and incorporated by reference. 25. Contract Provisions If the Project meets the definition of a "Federal Aid Construction Project," Form FHWA-1273 Required Contract Provisions, available at https://www.fhwa.dot.gov/construction/cgit'form1273.cfm and incorporated by reference, must be physically incorporated into each contract and subcontract. RECREATIONAL TRAILS PROGRAM -SPECIFIC 26. Recreational Trails Program Guidance Recipients shall comply with the applicable requirements of Recreational Trails Program Guidance available at https://www.fhwa.dot.sov/environment/recreational trails/euidance/index.cfm, and incorporated by reference. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment 8 5 of 5 Rev. 9/4/18 ATTACHMENT 9 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian LocalAccess Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractors own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or bysubcontract. FHWA-1273 — Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a,Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. 1I. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Departmentof Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under Attachment 9, Page 1 of 11 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, orwho are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not Tess often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractors EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor foremployment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are Attachment 9, Page 2 of 11 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work forcerequirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicantsfor employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set . forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor Attachment 9, Page 3 of 11 will be required to collect -and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractors obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in thewage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or Attachment 9, Page 4 of 11 will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not Tess than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. Attachment 9, Page 5 of 11 (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or ifa person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at Tess than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. Attachment 9, Page 6 of 11 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible forthe compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds fortermination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. Attachment 9, Page 7 of 11 V. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractors own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control overthe supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent ofthe contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VI. SAFETY: ACCIDENT PREVENTION Thisprovisionisapplicable toall Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS Thisprovisionisapplicable toall Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: Attachment 9, Page 8 of 11 Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." VIII. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean AirAct. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. IX.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or sub -grantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or sub -grantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. Attachment 9, Page 9 of 11 a. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction forcause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contractunder a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or sub - grantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or sub -grantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Attachment 9, Page 10 of 11 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. X. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contractwork. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification; (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1 c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. Attachment 9, Page 11 of 11 Florida Department of Environmental Protection Exhibit A Recreational Trails Program Florida Recreation Development Assistance Program Recreational Trails Program Project Status Report Required Signatures: Adobe Signature Project Name: Marine Stadium Basin Trail at Virginia Key Project Sponsor: City of Miami Project Number: T18001 Identify primary and support recreation areas and facilities to be constructed. (50% of total costs must be in primary facilities). PROVIDE PHOTOS OF WORK IN PROGRESS PRIMARY FACILITIES/ELEMENTS: Project Elements Work Accomplished % Completed DRP-109 (Effective 05-22-2015) Page 1 of 2 SUPPORT FACILITIES/ELEMINTS: Project Elements Work Accomplished % Completed PROBLEMS ENCOUNTERED: Period Covered (Check Appropriate Period): LIAISON: ❑ January through April: Due May 5thn May through August: Due September 5th ❑ September through December: Due January 5th Signature Date DRP- 109 (Effective 05-22-2015) Page 2 of 2 Florida Department of Environmental Protection EXHIBIT C PAYMENT REQUEST SUMMARY FORM Required Signatures: Adobe Signature Date: City of Miami Marine Stadium Basin Trail at Virginia Key, T1801 Grantee Project Name and Number Billing Period: Billing #: DEP Division: Division of State Lands DEP Program: Recreational Trails Program Project Costs This Billing Cumulative Project Costs Contractual Services Grantee Labor Employee Benefits ( % of Salaries) Direct Purchases: Materials & Supplies Grantee Stock Equipment Land Value Indirect Costs (15% of Grantee Labor) TOTAL PROJECT COSTS $ $ CERTIFICATION: I hereby certify that the above expenses were incurred for the work being accomplished in the attached progress reports. Project Administrator Date CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the project expenses as reported above and is available for audit upon request. Project Financial Officer Date DEP USE ONLY STATE FUNDING PARTICIPATION: % Total project costs to date $ State Obligation to date $ State retainage ( %) $ State obligation remaining $ State funds previously disbursed $ State funds due this billing $ Reviewed and approved by: DEP Project Administrator Division Director or Designee Date Date Exhibit F: APPENDICES A and E During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The, Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. (4.) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the 2 (7.) Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of, Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in ,the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations,. which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 3 49 CFR 26.13 - What assurances must recipients and contractors make? • eCFR • Authorities (U.S. Code) • What Cites Me prey I next § 26.13 What assurances must recipients and contractors make? (a) Each financial assistance agreement you sign with a DOT operating administration (or a primary recipient) must include the following assurance: The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved proarar, the Depaitunent may impose sanctions as provided for under 49 CFR part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). (b) Each contract you sign with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non -responsible. [ 79 FR 59593, Oct. 2, 2014] 8/7/2020 R-19-0493 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE A... 11*111 * 's Miami FL Resolution R-19-0493 ApoPTeD 12 2019 g. 00 AM A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE A GRANT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000.00) FROM THE STATE OF FLORIDA'S DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") ADMINISTERING FEDERAL FUNDS FROM THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION'S RECREATIONAL TRAILS PROGRAM TO THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF PARKS AND RECREATION ("DEPARTMENT"); FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE AND APPROPRIATE A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED SEVENTEEN THOUSAND SEVEN HUNDRED THIRTY DOLLARS ($317,730.00) (`CITY MATCH") FROM LEGALLY AVAILABLE FUNDING SOURCES FOR THE MARINE STADIUM BASIN TRAIL AT VIRGINIA KEY PHASE TWO PROJECT, OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B17354 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AWARD AGREEMENT ("GRANT AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS TO THE GRANT AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR COMPLIANCE WITH THE GRANT AGREEMENT AND TO IMPLEMENT THE PROJECT. Information Department: Department of Parks and Sponsors: Recreation Category: Other Attachments Agenda Summary and Legislation 6780 Back -Up Documents Financial Impact $517,730.00 CIP Project No: 40-B17354 Body/Legislation Vice Chair, District Two Ken Russell WHEREAS, the City of Miami's ("City") Department of Parks and Recreation ("Department") has been awarded a grant in the total amount not to exceed Two Hundred Thousand Dollars ($200.000.00) ("Grant") from the State of Florida's Department of Environmental Protection ("FDEP") administering federal funds from the United States Department Of Transportation, Federal Highway Administration's Recreational Trails Program for the Marine Stadium Basin Trail at Virginia Key Phase Two Project, Office of Capital Improvements Project No. 40-B17354 ("Project''); and WHEREAS, the Project's goal is to construct and renovate an asphalt trail, including the purchase and installation of a trailhead and wayfinding signage, on Virginia Key; and WHEREAS. a City match in the not to exceed amount of Three Hundred Seventeen Thousand Seven Hundred Thirty Dollars ($317,730.00) ("City Match") is required for the purposes of the Grant: and rriarniftiqm2.com/Citizens/Detail_LegiFiIe.aspOMeeting ID= 2259&MediaPosition=&ID=6780&CssClass=&Print=Yes 1/2 8/7/2020 R-19-0493 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE A... WHEREAS, the City Manager and the Department are requesting authorizations (1) to accept and appropriate the Grant and to allocate and appropriate the City's Match, (2) to negotiate and execute a Grant Agreement in a form acceptable to the City Attorney, and (3) to negotiate and execute any and all other necessary documents, amendments, extensions, renewals. and modifications to the Grant Agreement, all in a form acceptable to the City Attorney, for compliance with the Grant Agreement and to implement the Project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' (1) to accept and appropriate the Grant in the total amount not to exceed Two Hundred Thousand Dollars ($200,000.00) from FDEP for the Project and (2) to allocate and appropriate the City's Match form legally available funding sources in an amount not to exceed Three Hundred Seventeen Thousand Seven Hundred Thirty Dollars ($317,730.00) for a total appropriation not to exceed Five Hundred Seventeen Thousand Seven Hundred Thirty Dollars ($517,730.00). Section 3. The City Manager is further authorized[1] to negotiate and execute a Grant Agreement, in a form acceptable to the City Attorney, for said purpose. Section 4. The City Manager is further authorized' to negotiate and execute any and all other necessary documents, amendments, extensions, renewals, and modifications to the Grant Agreement, all in a form acceptable to the City Attorney. for compliance with the Grant Agreement and to implement the Project. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor[2] [1] The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. [2] If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Meeting History Dec 12, 2019 9:00 AM RESULT: MOVER: SECONDER: AYES: ABSENT: City Commission Regular Meeting ADOPTED [UNANIMOUS] Alex Diaz de la Portilla, Commissioner, District One Manolo Reyes, Commissioner, District Four Ken Russell, Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes Keon Hardemon Select Language v Powered by Gc 9'e Translate rriantitl.igm2.conVCitizens/Detail_LegiFile.aspx?Meeting ID=2259&MediaPosition=&ID=6780&CssClass=&Print=Yes 2/2 State Of Florida Department of Environmental Protection Marine Basin Agreement CITY OF MMI, a Florida Municipal Corporation By: Arthur riega V Date: Attest: Todd Hannon, Date: f3i(oo Approved as to For , afrcg - sctness: Bamaby Date: 2020 08 26 14.22:29.04'00' 13 : Date: Victoria Mendez, City Attorney Approved as to Insw;,oirements: M Quevedo Date 2020 08.12 15 02.05 -04'00' By: Ann -Marie Sharpe, Risk Management Date: App 'ved as to FroPrngrArnmOc Requirements: amwey, Hamwey. Lara By: Lara Date, 2020.08.11 10:47:05 -04'00' Lara DeSouza Hamwey, Parks and Recreation Date: auw4