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PUBLIC TRANSPORTATION GRANT AGREEMENT - FPN 435222-1-94-01STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. PUBLIC TRANSPORTATION GRANT AGREEMENT Form 78000-01 STRATEGIC DEVELOPMENT OGC 08118 Financial Project Number(s) Fund(s): DPTO FLAIR Category: 088719 (@emsegmvm-phase-sequence) 435222-1-9401 Work Activity CodelFunction: 215. Object Code: 751000 Federal Number/Federal Award Org. Code: 55042010728 Identification:Number (FAIN) —Transit only' Vendor Number: VF598000800011 • Contract Number:. GOY92 Federal Award Date: CFDA Nurnbec Agency DUNS Nurriber: 078307303 CFDA.Title; CSFA. Number. .55.004 CSFA Title; Aviation Grant Program THIS PUBLIC TRANSPORTATIQN GRANT AGREEMENT ("Agreement) is entered into this day of , by and between the State of Florida, Department of Transportation, ("Department"), and City of Clearwater, ("Agency"). The Department and the Agency are sometimes referred to In this Agreement as a "..Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits t� be derived from.joint participation on .the Project; the: Parties agree to the following: 1. Authority. The Agency, by Resolution .or other form of official authorization;a copy of which is attached as Exhibit "D", Agency Resolution and made a ;part of this Agreement has 'authorized its officers to execute this Agreement on its .behalf. The Department has the authority pursuant to Section(s) 332.007, Florida Statutes; to enter into this Agreement. 2. Purpose of Agreement.. The purpose of this.Agreement is to provide for the Department's participation in Replace Hangar C as further described in Exhibit ':A' , Project Description and Responsibilities, attached and incorporated into this Agreement ('Project"),: to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, andto tet forth themanner in which the Project will be undertaken and completed: 3. Program Area. For identification purposes only,: this Agreement is implemented as part of the Department program area.selected below (select all programs thatapply)'. X Aviation Seaports Transit _ Intermodal Rail .Crossing Closure Match to Direct Federal Funding (Aviation orTransit) Other 4. Exhibits. The following Exhibits are.attached;:arid incorporated into'this Agreement: X Exhibit A: Project Description and Responsibilities X Exchibit B: -Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financia( Provisions 'Exhibit B2: Advance Payment.Financial Provisions X *Exhibit C: Terms and Conditions of Construction _ Exhibit D: Agency'Resolutian X .Exhibit.Ef Prograrn SpecificTerms and. Conditions X• Exhibit F: Cdntract:PayMent Reguirernents X *Exhibit G: Financial Assistance (Single Audit Act) '"Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable. box. is selected:. f STATCOFFLOMPAWARWOrMMMMUMN r PUBLIC TRANSPORTATION �aaapaaT GRANT AGREEMENT soaoeeir� Financial Prallect N r(s): Fund(a;. Dpro FAIR C ory O 719 485222_•1-G4-01 1 k 1% Cod 2 : 046ad'et T 1C1 i Federal Number/Federal Au5W Org.Cade. NW2010728 kWOWHon Nunter(FAIN)-T tot!. VeMor Number W ooaj1 -contma NaUrriber. ODY92 Federal Award Date. CFDA Number. DUNS Ninher. 078807303 Cir`DA T111e. CSMA Number WOR CSFA Tltlasi Ayiellon a3 rarn f P TRANSGRANT AGREEMENT (` enem)) is d into this day cf� � hu and between the State of Florida,DepaftentofTt anspp rhm ,("Depaenr), and l , (- ncy' j. The Department and the Agency are m es referred to 1n this Agreement as a"Party'and collectivety as the .es„ NOW, THEREFORE. to consideration of he mutual benefits to be derived fmm joint porticipation on the Project,that Parties agree to the following: 1 Authority,The Agency,by Resolution or other form of o ` i authorization;a copy of Which is attached ds.Exhibit"D", Agency Resolution and made a part of this Agreement has authorized its officers to execute this Agreement on Its beha _ The Department has the authority pursuant to (s) 007 Florida Statutes,to enter into this Agreetnont 2. Purpose of Agreemer t. The purpose of thls.Agreement is to provide for the DepartrnerWs participation In e l ce H n C. as further described in ixtrbit'IV, Prmjwg t]escriptlori and Responsibilliflas, attached and incorporated into this Agreemebt("P cr),to provkie Peortinent financial assistance to the Agency,state the terms and condi upon which Department funds will be pmvideA and to set frirht the mentier In which the project will be undertaken and completec. 3. Program Area.For identiftation purposes only,thisAgmement is implemented as part of the Department program area selected below (select all programs thatapply): A Aviation Seaports Transtt lntertrtodal Rail C sing�Closure Match to Dired Federal Funding(Aviation or Transit) Other 4. Exhibits..The following.Exhibits are,a ed�arrd inc ted-into this Agreement: Exhibit Ai Project De ran and Responsibilities X Exhibit B:Schedule of Financial AssistanceExhibit 81:Deferred Reimbursement Financial Provisions "Exhibit 132;Advance Payment FinaricM Provisions A *ExhilAt Q Terms and Conditiorm of Construction Exhibit D:Agency Resolution ExNblt E,Program Specific Term and.Conditions A Exhibit F.Cant-Act Payment Requirements A "Exhibit G:Financial Assistance(Single Audit Act) _. "Additional Exhibit(s): *indicates Out the Exhibit is only attached and Incorporated If applicable box is selected.. 1 STATE OP FLORIDA DEPARTMENT OF 'TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 723-1300-0i .STRATEGIC DEVELOPMENT OGC 06:18.. 5. Thrie..U.nlest specified otherwise,. all references to "days" within. this.Agreementrefer to calendsrdays: 6. 'Term of Agreed -amt. This Agreement Shall commence upon full execution by both Parties ("Effective. Date") and continue through June 30,:n22, If the Agency does. not complete the Project within this time. period,. this Agreement:Will expire unless an extprision.of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement Expiration of this :Agreement. Will be considered termination of the Project The cost of any work performed prior to the Effective Date or after the expiration date of this-Agreeme.nt will not be. reimbursed' by the Department a. if this box is checked the following pro son applies: Unless terminated earlier; work on the Project shall commence no. later than the _day of or within days ofthe: issuance of.the Notice to Proceed for the construction phase of the .Project (if the Project involves construction), whichever date is earlier.. The Department shall have the option to immediately terminate this.Agreement should the Agency fail to meet the abOve-requireddateS*, 7. Amendments, Extensions, and Assignrnent. This Agreement may be amended or extended upon mutual writtenagreement of theParties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any .circumstances without the Priorwritten.consent of the Department 8. Termlnatiod or SUspen'slon of Project. The Department may, by written notice to theAgency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or terms Of this Agreement until such time as the event or condition resulting M such. suspension hes ceased or been corrected. a. if the Department intends to terminate the Agreement, the Department shall notifythe Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination -Orspeoify.the stage of work at which. the. Agreement is to be terminated, b. The Parties.to this Agreement may terminate this. Agreement Whemits continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the PartieS.shaltagree upon theterMination conditions. c. If the Agreement is tentinatedbefore performance is completed, the Agency shall .0e. paid only.for that work satisfactorily performed for whichoOSts can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum -financial. assistance. If any portion of the Project is Iodated on the Department's right-of-way, then all work in progress on the Department right-of-way wfll becorne the property of the Department and Will be:turned over proMptly by the Agency, d. In the event the Agency fails to Odom') or honor the recjuireiderits and provisions of this Agreement, the shall proiriptly"refund in full to the Department .Within thirty (30) days of the terrnination. of the Agreement any funds. that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 9. Project Cost: .a. • Theestimated total cost ofthe Project is.$1 200,000. This amount isbased upon Exhibit "B", Schedule.cif Financial AssiStance. The timeline.for deliv.erables.and distribution of estimated 2 STATE OF FLORIDA DEPARTMENT OF 'TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Porn 725-00001 STRATEO.IC DEVELOPMENT OGCD 8 amounts between deliverables within a grant phase, as'outlined in. Exhibit "B", Schedule of Financial Assistance, may be'modified b.y mutual written agreement of the Parties and does not require. execution of an Amendment. to. the Public Transportation Grant Agreement. The .timeline for deliverables and distribution Of estimated amounts between grant phases requires.an amendment executed by both Parties in the same form as this Agreement. b.. The Department agrees to :participate in :the Project cost ups to the maximum amount of - $960.0Q0, and, additionally the Department's:, participation in the Project::shall not exceed 80.00% of the total eligible cost of the Projects and as.more fully •described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all .expenses in excess of the amount of the Department's participation .and any cost overruns or deficits .Involved. 10. Compensation and Payment: a. Eligible .Cost. The Department -shall reimburse :the Agency for allowable costs incurred.as described in Exhibit, "A", .Project Description:.and Responsibilities, and as sget forth in Exhibit "B", Schedule of Financial. Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable;. and verifiable units of deliverables,. Each deliverable must .specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable,. and verifiable units of :deliverables are described more fully in Exhibit "A':', Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing, invoices shall be.submitted no more often than monthly by•the Agency in detail sufficient for a proper pre -audit and post -audit, .based on the..quantiif'iable, measurable, and verifiable, deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursernent by the. Agency shall include an invoice, progress report and :supporting documentation for the deliverables being .billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report..hat is approved .by the Department.. d. Supporting. Documentation. Supporting documentation must establish that the deliverables were received and accepted in. writing by the Agency and must also establish that the. required rninimurn..standards or level of service to be performed .based .on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description. .and Responsibilities has been met. All costs invoiced .shall be supported; by properly executed payrolls, time records,.' invoices, contracts; or vouchers evidencing 'in proper.detail the nature and propriety of charges es described in Exhibit"F", Contract Payment Requirements.. e. Travel Expenses. The selected provision below is controlling regarding. travel expenses:: X Travel expenses are .NOT eligible forreimbursement underthis Agreement, Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this. Agreement shall be submitted on the Department's Contractor. Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the.most currents version of the Department's' Disbursement Handbook for Employees and Managers. f. Financial Consequences. Payment. shall be made only after receipt and approval of deliverables and costs incurred unless advance payments. are authorized by • the Chief Financial Officer of the State of Florida under Chapters 215 and 216; Florida..Statutes, or the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Forrifr25-000.01 STRATEGIC' 'DEVELOPMENT OGC 08118 Department's. Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that :the. performance of the. Agency is unsatisfactory, the Department shall notify the. Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be::specified by the Department. The. Agency shall, within sixty (60):days after notice from: the Department, provide the Department with a corrective action plan describing how the Agency will .address all issues of contract non-performance, unacceptable performance, failure. to meet the minimum performance levels, deliverable .deficiencies, or contract non- compliance. If the corrective action plan isunacceptable to the Department, the Agency will not be reimbursed. If the deficiency is .subsequently resolved; the Agency may bill the Department for the amount that previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice.Processing. An Agency receiving financial assistance from the Department should be aware of the following timeframes. Inspection or verification and approval of deliverables shall take no longer than 20.. days from the • Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department Of .Financial Services. The 20 days are measured from. the latter of the. date the invoice is received or the -deliverables are received, inspected or verified, and approved. if a..paymentis not available within:40 days,.e separate interest penalty ata rate as established pursuant to Section. 55.03(1),. Florida Statutes, will be due and. payable, in addition to the invoice amount; to the Agency. Interest penalties of less than one (1) 'dollar will notbe. enforced unless the Agency requests payment, Invoices thathave to be returned toan Agency because of Agency .preparation errors will result in a delay in the payment. The :invoice payment requirements. do not. .start until a. properly completed invoice is provided .to the Department. A Vendor .O.mbudsman has been established within the Department of Financial: Services. The duties: of this individual Include .acting as: an • advocate for Agency who may be experiencing problems. ii,n obtaining timely payrnent(s): from a state agency. The Vendor Ombudsman may be contacted at (850) 4.13-551.6. h. Retards Retention; The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately,. Records ofcosts incurred underthe terms of this Agreement: shall be maintained and made: available upon. request to the.Departrnent.at all times during the period of this Agreement and for five years after -final payment is made. Copies of these records shall be furnished to the Departmentupon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting:docurrients and records, of the Contractor and all subcontractors performing work on. the Project, and ail other records.. of the Contractor and. subcontractors considered necessary. by the Department for a proper audit: of costs.. is Progress Reports: Upon request; the Agency agrees to provide progress reports to the Department in the standard format used by the Department and. at -intervals established by the Department. The Departmentwill be entitled gall times to beadvised, at its request, as to the status of the Project and of details thereof. j. Submission of Qther Documents. The Agency shall submit to the Department,.such. data, reports, records, .contracts, .arid, other documents relating to the.Project-as..-the Department .may require as listed in Exhibit."E", Program. Specific. Terms and Conditions attached. to and incorporated. into this Agreement. .k. Offsets for Claims. if,. after Project completion, any claim is madeby the Department resulting from an audit or for work or services performed. pursuant to :this. Agreement, the Department may offset such amount from payments due for work or services done under any agreement 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT.AGREEMENT Form 725•QOp.Oi STRATEGIC DEVELOPMENT OGC 06115 that it. has with the Agency owing such amount if, upon written. demand, payment of the amount is not ;made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered .a..breach of contract by the Department. 1. Final Invoice. The Agency must submit the final invoice on the Project'to the Department within 120 days after the completion of the Projectlnvoices.submitted after the 120 -daytime period: may not be paid: m. Department's 'Performance and Payment Contingent Upon. Annual Appropriation bythe. Legislature: The. Department's performance and obligation to. pay under. this Agreement is contingent upon an annual appropriation by the Legislature. if the Departments funding. for this :Project is in multiple.fiscal years, a notice 'of availability` of funds from the Department's project manager must be received prior to costs. being incurred by the.Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being .received. The Department will notify the Agency, in writing, When funds are available. n: Limits on Contracts Exceeding $25;000 and Term more than .I Year. In the event this Agreement is. in excess of $25,000 and has a term for a period of more than one year; the provisions of Section 339.135(6)(a), Florida Statutes,..are hereby incorporated: "The Department, during.any fiscal. year, shall not expend money, incurany liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the .amounts budgeted as available .for expenditure during such fiscal year, Any contract, verbal or written,made in violation of this.subsection is null. and void,.and no.money may be paid on such. contract. The Department: shall require a statement from the comptroller of the Department that funds are available prior to entering into: any such contract or other binding commitment. of funds, Nothing herein contained shall prevent the making ..of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the. value.of the services to be. rendered. or .agreed to.be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in .all contracts of the Department which are.. for an .amount in excess of $25,000 and which havea term for a period of more than 1. year." o., Agency Obligation to Refund Department..Any .Project funds made available ,by the Department pursuant to this Agreement.that are determined by the Department to have been expended by the Agency in violation of this. Agreement or any other applicable law or regulation shall be promptly refunded in full to.the Department. Acceptance by the Department of any documentation or certifications, mandatory orotherwise permitted, that the Agency files shalt not constitute a waiver of the Department's rights as the funding agency to verify ..all information at a Tater date by audit or investigation. p. Non-Eligible.Costs. In determining the amount of the payment -the .Departmentwill exclude all Project costs incurred by the Agency prior to.the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", .Project Description and. Responsibilities, and as set forth in Exhibit'B", Schedule of Financial Assistance, costs agreed to be borne by the_Agency or its.contractors and subcontractors for not. meeting: the Project commencement and final invoice time lines, and costs.attrib.utable to goods or services received. uhder.a contractor ether arrangement that has not been approved in writing by the. Department. Specific unallowable costs may be listed in Exhibit "A", Protect Description and Responsibilities. 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form M5000.01 'STRATEGIC. DEVELOPMENT • OGC 08118 11.. General Requirements. The Agency Shall complete the Project with all practical dispatch. in a. sound, economical, :and efficient manner, and in accordance: with the provisions_in this Agreement .and all. .applicable laws. a. `Necessary Permits Certification. The Agency :shall certify` to the Department that the Agency's design consultant andlor construction contractor has secured' the necessary permits. b. Right -of -Way Certification. If the Project.involvesrnnstruction, then thie Agency shall. provide to the Department certification and a copyof appropriate documentatian.substantiating thatall required right-of-way •necessary for the Project has been obtained, Certification 15 required prior to authorization. for advertisement for or solicitation of bids for construction of the Project, even if no right -.of -way: is required. c. Notification Requirements. When Performing Construction on Department's. Right-af. Way. In the event -the cost of the Project is greater than $250,000.00, and the Project involves construction on the D.epartment's. right-of-way; the Agency shall provide the Departmentwith written notification of either its intent t�: 1. Require the construction.work softhe Project that is on the Department's right-of-way to be performed by a Depar'trhent.prequalifiedcontractor, dr 11. Construct the Project utilizing existing. Agency employees, if the: Agency can complete said Project within. the time frame set forth in this Agreement. If this box is checked, then the Agency is permitted. to utilize its own forces and. the following provision applies: .Use of. Agency Workforce. in the event. the. Agency proceeds with any .phase of -the Project utilizing its own°.forces, the Agency will only be reimbursed for -direct costs (this excludes general overhead). e. _ If this box 18checked, then. the ,Agency is permitted to utilize Indirect Costs: Reimbursement for.lIndirect Program Expenses (select one): I. Agency has selected to seek reh:nbursement:from'the Department for actual indirect' expenses. (no rate). ii. _ Agency has .selected to apply a. de minimus rate. of 1O% to modified total direct costs. Note: The de minimus rate is available.only to entities that have never had a negotiated indirect cost rate. When .selected, the de minimus rate Must be used consistently for all federal awards until :such time the. agency chooses to negotiate:a rate. A cost policy statement. and de minimis certification form must be submitted to the Department for review and approval, Agency has selected to apply a state or federally approved indirect cost rate. .A federally approved rate agreernent. or indirect. cost :allocation plan (ICRP) must be submitted annually. Agency CompliancewithLaws, Rules, and Regulations, Guidelines, and Standards: The Agency shall comply and require its contractors.and subcontractors to comply with' all terms and conditions of this. Agreement and all federal, state,. and local .laws and regulations applicable to this Project. Claims -and Requests for Additional Werk. The Agency shall have the sole responsibility for resolving clairns .and requests for. additional. work for the Project. The Agency will make best efforts, to obtain the Department's input in its. decisions. The Department is. not -obligated to reimburse for claims or requests for additional work. g. 6 STATE OF.FLORIDA DEPARTMENT OF TRANSPORTATION: PUBLIC TRANSPORTATION GRANT AGREEMENT Form.72 .o0G n STRAT.EWC DEVELOPMENT OGC MFRS 12. Contracts of the Agency: a. Approval of Third Party Contracts. The: Department specifically reserves the right.to review and approve any and all `third party contracts:with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or arnendrnents thereto. If the Department chooses to review and approve third party. contracts for this Project and the Agency• fails to obtain .such approval, that shall be sufFlcient cause for nonpayment by the Department... The Department specifically reserves unto 'itself the right to review the qualifications of any:consultent or contractor and to approve or disapprove the employment of the same. if Federal Transit Administration (FTA) funds are. used in the Project, the Departrnent must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services: Itis understood and :agreed by. the Parties hereto thatparticipation by the Department in a project with the•Agency, where said project involves the purchase. of commodities or contractual services where. purchases or costs exceed. the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent -on the Agency complying in full with the provisions of Section 287.057, .Florida Statutes. The Agency's. Authorized Official shall certify to the Department that the Agency's .purchase of .commodities or contractual services has been accomplished in compliance with Section 287.057, Florida. Statutes. It shaft tie the sole responsibility of the Agency to:ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task. orders, construction change orders, or any other agreement that would result in: exceeding'the.currentbudget contained in Exhibit "B", Schedule or Financial Assistance, or that is nat consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior :to Agency execution. Failure to obtain such approval, and .subsequent execution of an amendmentto.the Agreement`if required; shall be sufficient cause for nonpayment by.the Department; in accordance with this Agreement: c. Consultants' .Competitive.Negotiation Act. It is understood and agreed by the Parties to this Agreement that.participation by the Department. in a project with the Agency;. where .said project involves a consultant.contractfor professional services, is.contingent on the Agency's full compliance with provisions .of .Section 287:055, Florida Statutes, .Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shah certify to the Department that selection has been accomplished in. compliance with the .Consultants' Competitive Negotiation Act. d. Disadvantaged Business: Enterprise.{DBE) Policy and Obligation. It. is the policy of the Department that DBEs, as :defined in. 49 .C..F.R. Part 26, as .amended, shall have the opportunity to participate in the performance of contracts financed in whole or in partwith Department funds: under this Agreement. The DBE requirements of applicablefederal and state laws and.:regulations apply to this. Agreement. The Agency, and its contractors agree to ensure that DBEs. have the •opportunity to participate in the performance of this Agreement In this regard, ail recipients and contractors shall take. all necessaryand reasonable steps in accordance with applicable federal and state :laws and regulations to ensure that:the DBEs have the opportunity to compete for and perforrn contracts. The Agency. and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to..this Agreement 13. Maintenance Obligations. In the event.the Project includes.construction ortheacquisition of commodities then the following provisions are incorporated into this Agreement:. .a. The Agencyagrees td accept aiffuture;rnaintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired.as part of the Project. The terms of this provision shall survive the termination of this Agreement.: 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725.000.01 STRATEGIC DEVELOPMENT OGC x5110 14. Sale, Transfer, or Disposal of Department funded Property: a. The Agency will notsell or otherwise transferordispose of any part of its title or other interests in. real property, facilities, or equipment funded in any part by .the Department under this. Agreement without.prior written.approval by the Department b. if.a sale, transfer, or disposal by:the Agency of all. ora portion of Department -funded real property, facilities; or equipment is.approved by the Department,the following provisions will apply: I. The Agency shall reimburse the Department a proportional amount of the proceeds 'of the sale of any Department -funded property. ii. The proportional amount shall be. determined on the basis of the ratio of the Department -funding ofthe development or acquisition of the property multiplied against°the sale amount, and shall be remitted to the Department within ninety (90) days. of :closing of sale. .Sale.of property developed or -acquired :with Departmentfunds shall be at market value as determined by appraisal or public bidding process, and the contract..and process for sale. must be approved in advance by the Department: iv. If any portion of the proceeds from the:.saleeto the Agency are cion -cash considerations; reimbursement to the Department shall include.a proportional amount based :on the..value. ofthe non-cash considerations: c. The terms of provisions"a" and "b'above Shall survive the termination of this Agreement. 1. The terms shall .remain in full force and. effect throughout the useful life .of facilities developed,. equipment acquired, or. Project items installed within a facility, but shall not exceed twenty (20) years from the effective date. of this Agreement. ii. There shall be no limit on the duration of the terms with respect torte! property acquired with Department funds. 15. Single Audit: The administration of Federal or State resources awarded through the Department to the .Agency by this Agreement. may be subject to audits and/Or monitoring by the Department. The following requirements do not knit the authority oftheDepartment.to conductor arrange forthe.conduct of additional audits. or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the:State of Florida.Auditor General, or any other.state official. The Agency shall comply with.all�audit and audit reporting requirements as:specified below. Federal Funded:. a. In addition to reviews of audits conducted.:in .accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may -include but. not be limited to on-site visits' by Department staff end/or other procedures, including reviewing any required. performance and financial reports, following up, ensuring.corrective action,.and issuing management decisions on weaknesses found through audits when those findingspertain to Federal awards provided through the .Department by this Agreement By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate. by the Department. The Agency further agrees tocomply and cooperate with any inspections,. reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida.Auditor General. 8 STATE OF FLORIDA DEPARTMENTCFTRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form '726.00041 STRATEGIC DEVELOPMENT OGC oaria . b. The Agency, a nonL.Federal entity as defined by 2 C,FR Part 200, • Subpart F — Audit Requirements, as a .subrecipient of a Federal award awarded by the. Department through this Agreement, is subject -to the.following requirements: I, In the event the. Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 OFR: :Part 200,. Subpart F — Audit Requirements, the Agency must. have a Federal single. or program -specific audit conducted for such fiscal year in accordance with. the provisions of 2 CFR Part 200; Subpart F — Audit Requirements.. Exhib#"G":, Financial Assistance (Single Audit Act), to this Agreement provides the. required Federal award identification information needed by the Agency to further comply with the requirements, of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal -awards expended ina fiscal year,. the Agency must consider all sources of Federal awards based on when the activity relatedto the Federal award occurs, including the Federal' award .provided. through the Department by this Agreement. The determination of amounts of Federal awards expended should to in accordance with the guidelines established by 2 CFR Part 200, Subpart F -- Audit Requirements. An auditconducted.'by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F Audit Requirements, will meet the requirements of this part. it. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, :Subpart F — Audit Requirements. ill. Inthe event the Agency expends less than thethresholdestablished by 2 CFR :Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exemptfrom Federal, audit requirements for that fiscal year. However, the Agency rrmust provide a single audit exemption statement to the. Department at FDOTSinoleAuditOdot:state.f.us no later than nine monthsafter the end of the: Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part:200, .Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the.. cost.of such an audit must be paid from the. Agency's resources obtained from:other then Federal entities). iv. The Agency must electronics€ly submit to the. Federal Audit Clearinghouse (FAQ) at https:llharvester.census.aov/facwebt the audit reporting package as required by 2 CFR .Pari 200, Subpart F — Audit. Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after. the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted toFDOTSinctleAudit(dot.state.fi.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit. report by the FAC, the Department.will review the Agency's audit reporting package, including corrective. action plans and management letters, to the extent necessary to determine whether timely and appropriateaction on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement.. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F=Audit Requirements; the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance .cannon be remedied by imposing STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 726.000.07 STRATEGIC DEVELOPMENT 00C 06110 additional conditions, the Department may take appropriate actions to enforce' compliance, which actions' may include but.fot be.limited to the. following: 1. Temporarily withhold. cash payments pending correction of the. deficiency. by the Agency or -mom severe enforcement action by. the. Department; . 2.. Disallow (deny both use of funds and any applicable matching credit for) all- ot' llor part of the cost of the activity 'or action 'Not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4, lnitiate suspension or debarment proceedings as authorized under 2 C.F.R. • Part 180 and .Federal :awarding agency regulations.(or in the case of the Department, recommend such a proceeding be initiated 'by the Federal awarding agency); 5.. Withhold further Federal awards for the Project or program; 5: Take.other remedies that may be legally available. vi. As.a condition of receiving this federal award, the Agency shall permit the Department. or its designee, the CFO, or State of Florida Auditor General access to the Agency's records; includingfinancial statements, the independent auditor'§ working papers, and project records as necessary. Records related to unresolved audit findings; appeals, orlitigation shall be.retained until the action is complete or the dispute Is resolved'. vil. The. Department's contact.information for requirements under this part is .as follows: Office of Comptroller, MS 24 .605 Suwannee.Street Tallahassee, Florida: 32399-0450 FDOTS inoleAudit(dot.state:.ii.us State Funded: a, In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance .may include but. not be. limited to on-site visits by Department staff, and/or other 'procedures; including, reviewing' any required performance and financial reports, following up, ensuring corrective action, and. issuing management_decisions. on weaknesses found through audits when those findings pertain to state financial assistance awarded' through the Department by this Agreement. By entering intathisAgreemeni, the Agency agrees to comply and 'cooperate fully with any monitoring procedures/processes deemed :appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections,, reviews, investigations; or audits deemed necessary bythe Department, the Department of Financial Services .(DFS), er State'of Florida Auditor General. b. The Agency, a nonstate entity as defined by Section 215..97(2)(m), Florida Statutes, as a recipient of'state financial assistance awarded by the Department through .this Agreement, is subject. to the following requirements 1. In the event the Agency meets the audit threshold. requirements established by Section 216.97; Florida Statutes; the. Agency must have aState single' or project, specific audit conducted for such fiscal year in accordance. with Section 215.97, Florida Statutes, applicable rules of the Department 'of Financial .Services; and Chapters 10,550 (focal governmental entities) or 10.650. (nonprofit and for-profit organizations); Rules of the Auditor General Exhibit "G", Financial Assistance. (Single Audit Act), Wills Agreementindicates..state financial assistanceawarded through the'.Department by this Agreement 'needed by the Agency to furthercolnply with .the :requirements of Section 215:97, Florida Statutes In determining the.state financial assistance expended in.a fiscal. year, the.Agency shall .consider all sources 10 STATE OF FLORIDA. DEPARTMENT of TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Fomf 726604.41 STRATEGIC DEVELOPMENT. • cat Dens of state financial .assistance, including state financial assistance received from the Departmentby this Agreement, other state agencies, and other nonstate entibes State financial assistance•does not include Federal director pass-through awards and resources received by a nonstate entity for. Federal prograrn matching requirements. 11. In connection with the audit requirements, the Agency .shall ensure that the audit complies with the requirements of Section 215:97(8), Florida Statutes. This inahides submission: of a financial reporting package as defined . by Section 215:97(2)(e), Florida Statutes; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, iii. In the event the Agency does notmeet the auditthreshold requirements established by Section 215.97, Florida Statutes, the Agency...is exempt for such fisca(year from the state:single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit. exemption statement to the Department at •FD.OTSingleAudit©dat.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit. year. In The event the Agency does.. not meet the audit threshold requirements established by Section 215..97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section' 21.5.97, Florida Statutes, the cost of the. audit must be. paid from the Agency's resources (i.e., the cost of such an audit'must. be paid from the. Agency's resources obtained from other than State entities).. • iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules _ of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to:. Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Fiorlda 32399-0405 F D.OTSi n gteAuditCa%dot state.& us v'. And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-14.50 Email: flaudgeq loran loovtnaud.state.fLus Any copies of financial reporting packages, reports, or other information required to. be submitted to the Department shall be. submittedtimely in accordance with Section 215.97, Florida. Statutes, and Chapters 1.0.550 (local governmental entitles) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when' submitting.financiai reporting packages to the Department for audits done in accordance with Chapters 10.550 .(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency iri correspondence accompanying the reporting package. vii. Upon ...receipt, and within six months, the. Department will .review the: Agency's financial .reporting package, including corrective action plans and: management 11 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725,06-61 STRATEGIC DEVELOPMENT OGC SEM letters, to the extent. necessary to determine whether timely arid appropriate corrective action on all defibiencies has been taken pettaining to the State financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Departnient May take .appropriate corrective action. to enforce compliance. viii. As a Condition .of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's reCordt, including financial statements, the independent aUditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action Is complete or the dispute is resolved. c. The Agency shall retain Sufficient tecords.derrionatrating its compliance with the tents of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor -General access to such records upon request. The Agency shall ensure that the audit 'Working papers are made available to the Department or.its..designee, DFS; or State of Florida Auditor Genera i upon request for a period. of five years from the date theaudit report is issued, unless extended in Wriling. by the.Departrnent. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed .the convicted vendor list following.a conviction for a public entity crime may not submit a bid orfecOntract-to provide any goods .or services toe public entity may not submits bid on a contract with a publiC entity for the construction or repair of a public building or public wOrk; may not submit bids on leases, of real. property to a public entity; may not .be awarded or petfottil work as a contractOr, supplier, subcontractor, or consultant Undera. contract with .any..pUbliCentity; and may not transact business any publicentity in excess of the threshold amount provided in.Section . 287.0.17, Florida StatUtes,- for CATEGORY TWO. for a period of.36 months from. the date of. being pieced on the convicted vendorlist. b. Discriminatory Vendor List, In accordance Section 287.134, Florida Statutes, .enentity or affiliate who. has beenplaced on the Discriminatory Vend& List; kept by the Florida Department of Management Services, may not submit a bid .on a contract to provide goods, or services to a public entity; may riot submit a bid on a minted with a public .entity -for the construction or repair of a publicbuilding or 'public work; may not.subrnitbida on leases of real propertyto 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. ci Non -Responsible • Contractors. An .entity or affiliate. 'who has had its Certificate Of Qualification suspended, revoked; denied, or have further been detetMined by the Department to be -a non -responsible contractor may not submit -a bid or perform work for the construction or repair of a pUblicbuilding or public.wotk on a .cOntractiviththe Agency. d.. Prohibition on. Using Funds for Lobbying. No funds received pursuant to this Agreement may beexpendedfor lobbying the Florida- Legislature, judicial branoh, or any state agency in accordance With.Section 216.347, Florida Statutes: 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725a30-01 STRATEGIC DEVELOPMENT OGC DRIB e. Unauthorized Aliens. The Department shall considerthe ernplOyment by any contractor of unauthorised aliens.a Violation of Sect* 274A(e) of the immigration and Nationality Act. if the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral 'cancel latidn of this Agreement.. f. ProcUrement of COnstrUction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated fundi, then the Agency must comply with the requireMentt of Section 255.0691, Florida Statutes. g. E -Verify. The Agency shall: 1. Utilize the U.S. Department of• Homeland. Security's EVerify system to verify the employment eligibility of ail new employees hired by the Agency during the term of the Contract; and 11. Expressly require any subcontractors performing work or providing services:pursuant to the state contract to likewise utilize the U:S. Department of Homeland Security's E - Verify system to verify the employment eligibility of alt new employees hired by :the subcontraetorduting the contract term. 18. Indemnification and Insurance: It iS specificallYegreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreerhent, or to authotize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage: pursuant to the terms or provisions of this Agreement The Agency guarantees the payment of all just claims for materials supplies, tools, ar labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 765.28, Florida Statutes, the Agency shall indemnify and hold harmless the State of Florida, Department of Transportation, including the Department s Officers and pmPloyees, from liabilities, damages, losses, and costs, inclUding, but not limited to, reasonable attomey's fees, to the. eitent, caused by the negligence, recklessness, or intentional wrongful Misconduct of the Agency and persons: employed or Utilized by the Agency in the performance of this Agreement This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a:waiver of the State of Florida and the Agency's sovereign irnmUnity. Additionally, the Agency agrees to include the following indemnification in all Contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection yvith this Agreement: "To the fullest extent Permitted* laW, the AgenCy's contractor/ConSultent shell indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, Idsses and costs, including, but not limited to, reasonable attomey's fees, to the extent caused by the negligence, recklessness or intentional wrongful misConduct.of the contractOriconsultant and persons employed or utilized by the conttaCtoikoneUltantin the performance of this Agreernent. This indemnification shall survive thelermination of this Agreernent. Nothing contained in this paragraph is. intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign ImMunity:" 13 STATE OF FLORIDA DEPARTMENT OF'WARS PORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000.01 STRATEGIC DEVELOPMENT oac oche b. The..Agen.cy shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the 'work, ensure that the subcontractor(s) and .subconsultant(s) have. Workers' Compensation Jnsurance for their employees. in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the- PEO's or -other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who 'are employees of independent contractors;. sole proprietorships, or partners. are covered by insurance. required under Florida's Workers' Compensation law: c. If.the Agency elects.to self -perform the. Project; then the Agency may selfAnsure. If the.Agency elects'to hire a contractor or consultant to perform the Project, then the Agency Shall carry, or cause its contractor or consultant to carry, Commercial. General Liability insurance providing continuous coverage -for 'all work or .operations performed under this Agreement Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the -standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include.Products/Completed Operations coverage. The coverage afforded•to the Department bean Additional Insured shall be primary as to any other available insurance and shall not be more restrictive. than the ' coverage afforded to the Named .Insured. The limits of coverage shall not be. less than`$ 1,000;000 for each occurrence and not Tess than a $5,000,000 annual general aggregate, inclusive of amounts provided. by' an umbrella or excess policy. The /units of coverage described herein shall apply fully to the:work or operations performed under the Agreement, and may not be. shared with or diminished by:claims unrelated to the.Agreernent: The: policy/les-and coverage. described herein .may be subject.to .a deductible and such deductibles shalt be. paid by the Named. Insured. No policy/les.or. coverage described herein may contain Or be subject"to a. Retention or a. Self -Insured Retention unless the Agency .is a state. agency or -subdivision- of the State of Florida 'that elects to self -perform the Project. Norte the execution of the - Agreement, and at all renewal periods which.occur prior to final acceptance..of the work,: the Department shall be provided with:an ACORD Certificate of Liability. Insurance reflecting the coverage.described herein. The Department shall be notified in writing within ten days -of -any' cancellation; notice of .cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The.Departrrrent's apprpval or failure to disapprove.any'policy/ies, coverage, or ,ACORD Certificates shall not relieve or excuse any obligation to 'procure and maintain the, insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreernentjncludes the construction ofa raiiroad'grade crossing, railroad overpass. or underpass structure, or any other:work or operations within the limits of the railroad right- of-way; including any encroachments thereon from :work or operations in the vicinity of the railroad right-of=way, the Agency shall, orcauseits contractor to, in addition to the insurance coverage required above, procure and. maintain .Railroad Protective Liability Coverage (I50 Form CG 00 35) where the railroad is the. Named Insured and where the limits .are not Iess than $2,000,000. combined single limit for bodily injury and/or property damage per occurrence, and..with an annual aggregate limit of not less than:$6,000,000. The railroad shall also be added along with.the Department. as an Additional. Insured on the policylies procured pursuant to the paragraph above. Prior to the execution .of the Agreement, and at all renewal periods which occu-prior to final acceptance of the.work; both the Department and the railroad shall be. provided with an ACO.RD Certificate of Liability Insurance 'reflecting the: coverage described herein, Thea lnsurance.:described herein shall be. maintained through final acceptance.of the. work. Both the Department and the railroad shall be notified in writing within- ten.days of any cancellation, notice.of'cancellation, renewal., or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any 14 STATE OF FLORIDA' DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT. AGREEMENT For„ y 726000.01 STRATEGIC DEVELOPMENT OGC MIS policy/ies,. coverage, or ACORD Certificates :shall not relieveor excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver Of .any. rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the. Department as. an Additional Insured: on the Commercial General Liability policy/les procured above. 19. Miscellaneous: a. Environniental Regulations. The Agency .will be solely .responsible for .compliance with all applicable environmental regulations and for.any liability arising :from non-compliance with these regulations, 'and will reimburse 'the Department for any Ions incurred in connectio.n •therewith. b. Non -Admission of Liability.. In no event shall the making. by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any .breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while anysuch breach or default shall Oat Shall in no impair or prejudice any right or remedy available to the Department with respectto such breach or default. c.. Severability. If any provision of this Agreement is held invalid, the remainder of this; Agreement shall not be affected. In such :an instance, 'the .remainder would then.'coritinue to conform to the. terms andrequirements of applicable law. d.. Agency .not an agent of Department. The Agency and. the Department agree that the Agency, its employees, contractors, subcontractors, consultants; and .sub onsuttants. are not agents.of.the Departmentas'aresult.of this Agreement. e. Bonus or Commission. By execution of the Agreeinent,. the Agency represents that it has net. paid and, also agrees not to pay, any bonus or commission for the. purpose of obtaining an:approval of its application .for thefinancing hereunder. f. Non -Contravention of State. Law. Nothing in the Agreement 'shalt require the Agency to observe or enforce compliance with any provision or perform any actor do any other thing in contravention of any applicable state law, If any of the provisions of the Agreement`violate any applicable state law, the Agency wilt at once notify the Department in writing so that appropriate changes and modifications may be.rnade.by the -Department and the Agency to the.end that the Agency may proceed as soon as possiblewith the Project. Execution of Agreement. This Agreement may be executed .in one or more counterparts, each of which :shall be deemed an original, but all of which shall constitute the same Agreement A facsimile or electronic transmission ofthis.Agreement with a signature On .behalf of a party Will be. legal and binding on such party. h.. Federal Award Identification Number (FAIN). If the FAIN IS not: available prior to execution of the Agreement; the. Department 'niay unilaterally add the FAIN to the: Agreement without approval of the Agency and' without an amendment to the Agreement. If this occurs, an updated Agreementthat:includesthe FAIN Will be provided to the.Agency and uploaded to the Department of• FinandaI .Services' Florida Accountability Contract Tracking System (FACTS). .i. Inspector General Cooperation. The. Agency agrees to comply with 'Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts' the obligation to complywith Section 20.055(5), Florida: Statutes. 9. 15 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725.000.01 STRATEGIC DEVELOPMENT oGC Sen$ Law, Forum, and Venue. This Agreement shall be govemed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY City of Clearwater STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: ''C(,e0r1,e\C(*{\.tOf By: Name: George N. Cretekos Name: Richard Moss, P.E. Title: Mayor Approved as to form: Michael Fuino Assistant City Attorney Title: Director of Transportation Development 16 Attest: • coon LW Rosemarie C City Clerk y L, R 7 5y PUBLIC TRANSPORTATION GRANTAGREEMENT J. Law,Forum,and Venue.This Agreement shall be governed by and Construed In accordence With the laws of the 'State of Florida, In the event of s conflict between any porton of the contract and Florida law,the laws of Florida shall prevail. The Agency agrees to weWe tbrurn and venae and that the Department shall determine the forum and venue In which any dispute under this Agreemerd is decided. IN WITNESS WHEREOF,the Parties have executed this Agreement on the day and year wrftn above. AGENCY Cly of Clearwater STATE 0 t, l� EP ENT OF TRANSPORTATION By: y; Name. George fd. Gretekos Name: Mos P.E. MayorTitle: Director of Transportation Development s Legal Re w z2 r Approved as to form: Attest: t t r w m Michael Fibro Rosemarie Assistant City Attorney City Clerk ��, !#S 16 STATE OF'FLORIDA DEPARTMENT OF TRANSPORTATION' PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT A Project Description and Responsibilities • Fomi 745A00.02 STRATEGIC DEVELOPME.Nt OGC 04118 .A..Project Description (description of Agency's project to .provide context, description of.project components funded via this Agreement (if not the entire .project» Replace Hangar C. B. Project Location (limits, city, county, reap, illustration/graphic of project area): Clearwater Air Park/Clearwater, FL / Pinellas County C: Project Scope (allowable costs: describe project components,' improvement typefservice type, approximate timeline, project schedule; project size): The Hanger C reconstruction Object will be:assigned.la Coristnictior► Manager at Risk Who Wilt facilitate all required design; perrnitting, building codes, and construction. The .design and construction will be for one (I) pre-engineered aircraft hanger.with site improvements. The pre-enaineered. aircraft hanger will. consist of 10 separate hangers totaling approximately 12.500 savage feet. D...Detiverabte(s)° A new hangar. The.project scope identifies the ultimate projectdeliverabies'. Deliverables for requisiiiori, payment and invoice purposes will be. the incremental progress made toward completion of project scope elements... Supporting. documentation will be quantifiable, measurable, and •verifiabie;.to allow for a determination ofthe arnount_of incremental progress that has been made; and provide evidence that the payment requested. is cornrnensurate with the accomplished incremental progress and casts incurred by the Agency. E. Unallowable Costs (Including but not limited toy STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT B Schedule of Financial Assistance Farm 726.000.02 STRATEGIC DEVELOPMENT OGC 04118 FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Management Number Fundype T FLAIR Category State Fiscal Year Object Code CSFAI CFDA Number CSFA/CFDA Title or Funding Source Description Funding Amount 435222-1-94-01 DPTO 088719 2019 751000 55.004 Aviation Grant Program 5960,000 435222-1-94-01 LF 088719 2019 751000 55.004 Aviation Grant Program $240,000 Environmental/Design/Construction Total Financial Assistance $1,200,000 B. Estimate of Project Costs by Grant Phase: Phases* State Local Federal Totals State Local Federal Land Acquisition $0 $0 $0 $0 0.00 0.00 0.00 Planning $0 $0 $0 $0 0.00 0.00 0.00 Environmental/Design/Construction $960,000 $240,000 $0 $1,200,000 80.00 20.00 0.00 Capital Equipment $0 $0 $0 $0 0.00 0.00 0.00 Match to Direct Federal Funding $0 $0 $0 $0 0.00 0.00 0.00 Mobility Management (Transit Only) $0 $0 $0 $0 0.00 0.00 0.00 Totals _ $960,000 $240,000 $0 $1,200,000 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 218.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Mike Brown, FCCM DepartmentGrantManager Name t Signature 0// Date STATE OF FLORIDA DEPARTMENT OF. TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725000+02 STRATEGIC DEVELOPMENT OGC 0418 EXHIBIT C TERMS AND CONDITIONS OF CONSTRUCTION 1. Design and Cofstruction Standards and Required Approvals. a. The Agencyunderstands that it is responsible. for the preparation and certification' of all.design plans for the Project. The Agency shall hire a qualified consultant for the•.design phase of the Project or, if applicable, the Agency shall. require their design -build contractor or construction management contractor to hire a .qualified.'consultant.for the design phase of the Project.. b. Execution of this Agreement by both Parties shall be. deemed a Notice to .Proceed :to.the Agency for the design phase. or other non -construction phases of the Project. If to Project involves a construction phase, the Agency shall not begin:the construction phase of the Project until .the Department issues a Notice to Proceed for the construction phase. Prior 'to commencing the construction work•described in this Agreement, the Agency shalt. request a Notice toProceed.from the Department's Project Manager, Mike Brown. FCCM, at. (813) 975- 6643 or from an appointed .designee. Any construction phase work performed 'prior to the. execution of this required Notice to Proceed is not subiect to reimbursement c. The Agency Will provide one (1) copy of the final design plans and specifications and final. bid documents to the. Department's Project. Manager prior to bidding or commencing construction of the Project. d.. The Agency shall require the Agency's contractor to post a payment and performance bond in accordance with applicable law(s). e. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet ail applicable Agency and Department standards. f. Upon completion of the work authorized by this Agreement, the .Agency shall notify the Department in writing of the completion of construction of the Project and for ail design work that originally required certification by a Professional Engineer,:. this .notifcation..shall contain an Engineer's Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certificationshail state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approvedplans or specifications, the certification shall include a list ofall deviations along with an explanation that justifies the reason to accept each deviation. 2. Construction on :the: Department's Right of Way. If the Project 'involves .construction on the Department's right-of-way, then the following provisions apply to`arty and all portions of the:Project that are constructed' on the. Department's right=of-way: a. The Agency shall hire a qualified contractor using the Agency'snormal bid procedures to perform the construction work for the Project The Agency must certify that the installation of the Project is completed by a Contractor prequaiified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past . project experience in the last five years that. are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project: b. Construction. Engineering Inspection (CEI) services will. be provided by the Agency by hiring a Department prequalified consultant firm including one individual that: has completed the 1 STATE OF FLORIDA DEPARTMENT OF TRANSP.ORTATICIN PUBLIC TRANSFORTATIO.N GRANT AGREEMENT EXHIBITS Porm12542.0.62 STRATEGIC DEVELOPMENT OGC 04118 Advanced Maintenance Of Traffic Level Training,. onleSs. otherwise approved by the Department in Writing. The CM. Staff shell be present on the Project at all times that the contractor is working. Administration of the CEI. staff Shall be under the responsiblecharge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Departenent The Departtnent shall approve all CEI personnel. The CEI firm. shall not be the same firm as that of theEngineer of Record for the Project. The Department Shall have the right,. but not the obligation, to perform independent assurance testing during the course of construction of the Project, c. The Project shall be designed. and constructed in accordance with the latest edition of the Departtnent's Standard Specifications for Road and Bridge COnstructIon, the Department Design Standards, and the Manual of Uniform TrafficControl Devices (MUTCD), The following guidelines shall apply as deemed appropriate by the Department the Department;Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the Department Plans: Preparation Manual (PPM), Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. (the "Florida Green Book"), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Departirient for review and approval priorto any work being cornrnenced. Shciuld any changes to the plans be required during construction Of the Project, the Agency shall be required to nary the Departrnent of the changes arid receive. approval from the. DepartMent prior to the changes being, constructed. The Agency Shall Maintain' the area of the Project: at All tines and coordinate any work needs of the. Department during construction ate Project. d. TheAgency shall notify the Department a minirnum of 48 hours befOre beginning construction within Departnierit right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is -Contact Person Constuction-, e. The Agency:Shall be responsible for monitoring construction operations and The maintenance of traffic (MOT) thrOughout the course ofthe. Project in accordance with the latest edition Of the Department Standard Specifications, section 102. The Agency Is responsible for the development of a MOT plan and making any changes to that plan as necessary, The MOT plan shall be in accorciande with the latest version ofthe DepartmentDesign Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Departrnent Design Standards Must be .signed and sealed by a professional engineer. MOT plans will require approval. by the Department prior to implementation, f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented On the construction .pians. All utility conflicts shall be fully resolved directly with thesapplicable utility. The Agency will' be responsible for Obtaining all permits that may be required by other agencies or local governmental entitles g. h. It is:hereby agreed .by the Parties that thiS Agreement createt. a permissive use only and. all improvements located. on,the Department's right-of-way .resulting from this Agreementshall become the property ofthe Department. Neither the granting Of the. permission to use the Department. right of way nor the .placing of facilities upon the Department property snail operate to create .or vest any property right to or in the Agency, except as may otherWise be provided in separate agreernenta. The Agency shall not acquire any right:tit% interest or estate in Department right of way, of any natUre.or kind whataciever,.by virtue of the execution, Operation; effect, or perfonnance of tfils.AgreeMentinClUding, but not to, the Agency's use, occupancy or possession: of Department right of way. The Parties agree that this 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS . Farm 729-08-02 STRATEGIC DEVELOPMENT OGC.9Ui8 Agreement does not, and shalt not be construed. to, grant credit for any future transportation concurrency requirements pursuant to Chapter 16.3, Florida Statutes. The Agency shall not: cause any liens or encumbrances to. attach to any portion of the' Department's property., including but not limited to,.the Department's rightof-way. The Agency shall perform all required. testing associated with the design and .construction of the Project. Testing results shall .be made. available to the. Department upon request. The th Department shall have e right to perform its own. Indepenent testing during the course of the Project. k. The Agency .shall exercise the rights granted herein -and shall otherwise perform this Agreement.in a'good and workmanlike manner, with reasonable care, 'in accordance with the.: ternzs.and provisions of this Agreement and all applicable federal, .state; local, administrative, regulatory, safety and environmental laws; codes; rules, regulations, policies; procedures, guidelines, standards.and permits,. as the same may be'constituted and amended from time to time,. including, but not Iimited to, those of the. Department, applicable Water Management District,. Florida Department of Environmental .Protection, the United States Environmental Protection Agency, the United States Arrny Corps of Engineers, the United. States Coast Guard and local governmental.:entities. t, if the .Department determines a condition exists whiich threatens the public's safety, the; Department.may, at its. discretion, cause construction operations to cease and immediately- have mmediatelyhave any potential hazards removed from its right-of-way at the sole cost,, expense,. and.. effort Of the Agency: The Agency shall bear all.construction delay costs incurred by the Department: rn: The Agency shall be. responsible to maintain and: restore all features that might require relocation within.the Departrnent'right-of-way. ri. The Agency 'will be solely' responsible :for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. 0.. The acceptance procedure will Include a: final 'walk-through" .by Agency and Department.. personnel. Upon completion of construction, the Agency will be required to submit 'to the Department final as -built plans and. an engineering certification that construction was completed in accordance to .the plans. Submittal of the final as -built plans. shall include one cornplete.set of the signed and sealed plans on 11-X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the. termination of this Agreement, the Agency'shall remove its presence, including, but not limited to; all of the Agency's property, machinery,. and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by:the Project to substantially the same condition that existed immediately prior to the commencement of the Project.. p.. If the. Department determines 'that the :Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of.receipt.of the Department's written notice; or such other time as the. Agency and the Department. mutually agree to in writing, to coinplete the Project and provide..the Department with written notice of the same (the "Notice of Completion").. If the Agency faits to timely deliver the Notice of Completion, or if it is deterrnined.'that the Project is not properly completed after receipt of the Notice of Completion,. the. Department, within its. discretion rnay: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(les) at the Agency's sole cast. and expense, without Department liability to the Agency for any resulting loss or damage ta property; including, but.not limited to, machinery and equipment. tf the Department elects.to correctthe deficiency(ies),'the.Department shall provide the Agency with an invoice -.for the costs incurred 3 q• STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS 'Fortn.725-000.02 STRATEGIC. DEVELOPMENT OGC. 04118 by the Department and the Agency shall pay the invoice within thirty (30) days. of the date of the invoice. The.Agency shall implement best management practices far erosion and. pollution control to prevent'vioiafion or state water quality standards. • The Agency shall be responsible for the correction of any erosion,.shoaling,..or water quality problems that result from the construction of the Project. r. Portable Traffic Monitoring Site (PTMS) ora Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work.. It is the responsibility:of the Agency to locate and avoid damage to, these. sites. If a PTMS or TTMS is encountered during construction,, the Department Must he contacted immediately. s. During construction, highest priority must be given to pedestrian safety. If permission is granted totemporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Arnericans Disability Act (ADA) standards t. Restricted hours of operation will :be from _ (insert restrict hours of operation), — (insert days of the week for restricted operation), unless otherwise approved by the Operations Engineer, or designee: u. Lane: closures.on the state road system must be coordinated with the Public information Office at least two weeks prior to the closure. The contact information for the Department's Public information Office: is: insert District PIO contract info: Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) 3. Engineer's Certification of Compliance.. The Agency shall complete and submit following Notice of Completion and if applicable Engineer's Certification of Compliance to the Department upon, completion of theconstruction phase of the Project 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS - AVIATION AVIATION PROGRAM ASSURANCES. A. General. Forth 74-000.02 • STRATEGIC DEVELOPMENT OGC.041.1a 1. The assurances herein shall form an integral part of the:Agreement between the Department andthe Agency: 2. These assurances delineate the obligations. of the Parties. to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit "A Project Description and Responsibilities, and Exhibit "B", .Schedule of Financial Assistance, es well as -serving to protect public investment in public -use airports.and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facilitydeveloped; equipment acquired; or Project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement 6. There shall be no limit on the duration of the terms and assurances of•this Agreementregarding Exclusive Rights and Airport Revenue so longus' the property is used as a.public airport. 8. There shall be no limit on the duration of the terms and assurances of this Agreement with respect. to real property acquired with`funds: provided by this Agreement. 7. Subject to appropriations, the Department shall continue to comply with its financial. commitment to this Project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms and assurances of this Agreement. 8. An Agency that has been determined by the Department to have failed to comply with either the terms of these Assurances, or the terms of the Agreement, or both, shall be notified, in writing, by the. Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance Shall absolve the Department's continued financial'commitrnent to this Project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this Project 10. Any history of failure to comply with the terms and assurances of an Agreernent wilt jeopardize the Agency's eligibility for further state funding of airport projects by the Department. 8. Agency Compliance Certification. 1. General Certification. The Agency hereby certifies, with respect to this Project, it will :comply, within .its authority, :with all applicable, current !aim and rules of the State of Florida and applicable local governments, as well as Department policies; guidelines, and requirements, .including but not limited to, the following (latest version:of each document): a. Florida Statutes • Chapter 163,, • Chapter 329,. • Chapter 330,. • Chapter 331, • Chapter 332, • Chapter 333, (F.S:). F.S.,. Intergovernmental Programs F.S., Aircraft: Title;Liens; Registration; Liens F.S.; Regulation of Aircraft, Pilots, and Airports F.S., Aviation and Aerospace. Facilities and .Commerce F.S., Airports and Other Air Navigation Facilities F.S:, Airport Zoning STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANTAGREEMENT EXHIBITS Form 72.000.02' STRATEGIC DEVELOPMENT Otic 04118. b. Florida AdministrativeCode (FAC) • Chapter 73C-41, FAC, Community Planning;. Gaveming the Procedure for the Submittal and.Review of Local GovernmentComprehensive Plans and Amendments; • Chapter 14-60, FAC, Airport licensing, Registration, and Airspace Protection • Section 62-256.300, FAC, Open Burning,, Prohibitions • Section 82-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport Safety c. Local .Government. Requirements • Airport Zoning Ordinance • Local Comprehensive Plan. d. Department Requirements • Eight Steps of Building a New Airport • Florida Airport Revenue Use Guide • Florida Aviation Project Handbook. • Guidebook for AirportMaster Planning • Airport Compatible Land Use: Guidebook 2. Construction Certification. The Agency hereby certifies, with respect to a construction -related project, that all design plans and specifications will comply With applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA Issued waivers thereto, including but not limited toa, the following: a, Federal Requirements • FAA AC 70/7460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design • FAA AC 150/5370-2, Operational Safety on Airports During Construction • FM AC 150/5.370-10, Standards for Specifying Construction of Airports. b: Local Goverrinient Requirements. • Local Building Codes • Local Zoning Codes G. Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the "Florida Green Book") • Manua€ on Uniform Traffic Control Devices • Section 14-60:007, FAC; Airfield Standards for Licensed Airports • Standard Specifications for Construction of General Aviation Airports • Design Guidelines & Minimum Standard Requirements for T -Hangar Projects :3. Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and/or state policies, regulations; and laws, including but not Limited to the following: a: Federal Requirements • Uniform .Relocation .Assistance and Real Property Acquisition' Policies Act of 1970 • National Environmental Policy .of'1969 • FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order5100.37B, Land Acquisition and Relocation Assistance' for Airport Projects b. Florida Requirements • Chapter 73, F.S., Eminent Domain (re; Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286.23,. F.S.;Public Business: Miscellaneous. Provisions STATE OF FLORIDA DEPARTMENT OP TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Fwin.7lM00•0; STRATEGIC DEVELOPMENT OGC 0418 C. Agency Authority. 1,. Legal Authority. The Agency hereby certifies; with.respect to this Agreement, that it.hasthe legal authority to enter into this Agreement and commit to this Project; that a resolution; motion, or similar action has been duly adopted or passed as an official act of the airport. sponsor's governing body authorizing this Agreement, including assurences..contained therein, and directing and authorizing the person identified as the official representative of the. governing body to act on its behalf with respect to this -Agreement and to.provide any -additional information as may be required. 2. Financial Authority. The Agency hereby:certifies, with respect to this Agreement, that has sufficient funds available for that portion of the Project costs which. are not paid by the. U.S: Government or the State of Florida; that:it has. sufficient funds available to assure future operation and maintenance of items funded by this Project, which it will_ control; and that authority has been granted by the airport sponsor governing body tocominitthose funds to this Project D. Agency Responsibilities. The. Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System. a. The Agency shall • create' and maintain a separate account to document all of the financial transactions related to the :airportas a distinct entity. b, The accounting records .shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and In an accounting system that will facilitate an effective audit in .accordance with the'2 CFR Part 200, Uniform Administrative Requirements', Cost .Principles,.:and Audit Requirements for Federal Awards and:Section215.97, F. S„ Florida Single Audit Act. c. The Oepartment,has the right to audit and inspect all financial records of the Agency upon reasonable notice. 2. Good Title. a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title; satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers. a. The Agency shall not. take or permit any action which would operate to deprive it of any of the rights and powers necessary to, perform any or all of -the terms and assurances of this Agreement withoutthe written approval of the Department. Further the Agency shall .act. promptly to acquire, extinguish, or modify, in a .manner acceptable to the Department, any outstanding rights or claims of right of others which Would interfere with such perforrnance by the Agency. b, !fen arrangement is made for management' and -operation of the airport by any entity or person other than. the.Agency oran employee of the Agency, the..Agency shall reserve' sufficient rights: and authority to ensure that the: airport. will bp operated and maintained in 'accordance with the terms and assurances of this Agreement. 4.Hazard Removal and Mitigation. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form.725-4fl402 STRATEGIC DEVELOPMENT OGC ORne. a. For airport: hazards located .on airport controlled property, the Agency' shall clear and protect terminal airspace required for instrument and visual operations.at the airport.(including established tninimuth flight altitudes) by removing, .lowering, • relocating, marking, or lighting or otherwise .mitigating existing airport hazards and by.preventing the establishment or creation of future airport hazards: .b. For airport hazards 'not located .on airport controlled. property', the Agency shall:work. in conjunction with the governing' public authority or private land owner of the property to clear and protect terni'inal airspace required for instrument and visual operations at the airport (including established minim.um..flight.altitudes) by. removing,; towering, relocating, narking,, cr lighting or otherwise mitigating existing airport hazards and by preventing the establishment .or creation of future airport hazards. The Agency may enter. intro an agreementwith surrounding propertyowners orpursue available.legal remedies to remove potential hazards to air navigation, Airport Compatible Land Use. a. The Agency assures that appropriate airport zoning ordinances are. in place consistent with Section 333.03,, F.S., or if not in.place, that it will take appropriate action necessary to ensure' local:govemrnent adoption of an. airport. zoning ordinance or 'execution of an interlocal agreement with another local govetnrnent body having.an.airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency 'assures that it will disapprove or oppose any attemptedialteration or creation of Objects, natural or man-made; dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c.. The Agency assures that it will disapprove:or oppose.any attemptedchange inlocal land use development regulations that would adversely affect the.. current or future levels of airport.operations by creation or expansion' of airport incompatible land use areas. 6. Consistency with Local Government Pians. a. The. Agency assures the Project is Consistent with the currently .existing and .planned future land. use development pians approved by the local government having jurisdictional responsibility for the :area surrounding th:e airport. b. The Agency.assures: that it has .given fair consideration to the interest of. local communities and has had reasonable consultation with those parties affectedby the Project. c. The Agency shall consider and'take appropriate. actions, if deemed warranted by the'Agency, to adopt the curreht,.approved Airport Master Plan 'into the Local government:comprehensive.plan. 7. Consistency with Airport Master Plan and Airport Layout Plan. a. The Agency assures. that the project, covered by•the terms. and assurances of thisAgreement, is•consistent with the. most current Airport Master Plan. b.. The Agency assures that the Project',. covered by the terms ands assurances of this.Agreement, is consistent with the most current, approved Airport Layout Pian (ALP), which shows: 1) Theboundaries of the airport and all proposed: additions thereto, together with the boundaries of all offsite.areas owned or controlled.by the Agency foralrport purposes and proposed additions thereto; 2) The location and nature of all existing and, proposed airport facilities and structures .(such as runways, taxiways, aprons, terminal buildings,. hangars, and roads); including all proposed extensions:and reductions of existing airportfacilities; and 3) The location of all existing and proposed non -aviation areas on airport property. and .of all existing improvements thereon. STATH'OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02. STRATEGIC. DEVELOPMENT OGC 04110 c. The Agency assures that 'twill not make or permit any. changes or alterations. on' the airport or any of its facilities that are not consistent with the Airport:Master Plan and the Airport Layout Plan, :as approved:.by the Department. d. Original Airport Master Plans and Airport Layout Plans and each. amendment; revision, pr modification thereof; will be subject to. the approval of the: Department. 8. Airport Financial Plan. a. The Agency :assuresthat-it will develop and .maintain:a cost -feasible. Airport finanCiat plan to accomplish the projects necessary to achieve the proposed airport improvements identified_ in the Airport MasterPlan and depicted in the. Airport Layout Plan, and any updates thereto. The Agency's. Airport financlal'plan must comply with the following conditions: 1) The Airport financial plan will be a part of the Airport MasterPlan. 2) The. Airport.financial plan will realistically assess protest phasing considering availability of state and local funding and likelihoodof federal funding under.the FAA's sprioritysystem. 3) The Airport financial .plan will not include: Department funding.. for projects that are inconsistent with the local government comprehensive plan. b. Ali Project.cost estimates contained in the Airport financial plan. shall be entered into: and keptcu.rrent in the Florida Aviation Database: (FAD) JointAutomated Capital Improvement' Program (.IACIP) website. 9.. Airport Revenue. The Agency assures that all revenue generated: by the airport.will be.expended'for capital improvement or operating costs.of the airport;, the local airport system; or other local facilities which are owned or operated by the owner or operator of the 'airport and which are directly and substantially related to. the.air transportation of passengers or property, or.'for environmental or.noise.mitigation purposes on.or off the.airport. 14.. Fee and Rental. Structure. a. The Agency assures that it will: maintain a.fee and rental structure for facilities and: services at the: airport that it will make the airport as. self-sustaining as possible under the circumstances existing at the particular airport b. if this Agreement results in a facility that will be leased orrotherwise produce revenue, the Agency assures that the.price charged for that facility will be based on the market value. 11. •Public -Private Partnership for Aeronautical Uses. a. If the airport owner or operator and a :person or entity that .owns an aircraft or an airport tenant or potential tenant agree that an aircraft. hangar or tenant= specific facility, respectively, is to be constructed on airport property for aircraft. storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft. owner or tenant of the facility a lease that issubject to such terms.and conditions..on the facility.as the airportowneror operator may impose, subject to approval by the Department. b. The price charged for said' lease will be . based on market value, unless otherwise approved by the Department. 1Z. Economic:Nondiscrimination. a. The Agency assures that it will .make :the airport available as.an airport for public. use on reasonable terms without unjust discrimination to all. types, kinds and classes of aeronautical activities, including cornmercial aeronautical activities offering services to the:public. 1) The Agency may .establish.such reasonable; _and not unjustly discriminatory, conditions tole. met by all users of the'airport as may be. necessary for the safe: and efficientoperation of the airport. sive OP FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 723.000.02 .STRATEGIC o@VE.OpMENT• OGCbane 2) The Agency may'prohibit or limit any given type; kind or class of aeronautical use of the. airport if .such action is:neces.sary forthe safe operation of the airport or necessary to serve the civil aviation. needs of the public. b. The.Agency assures that each airport Fixed -Based. Operator (FBO) shalt be subject to the same rates, fees, rentals; and other charges as are.uniformly applicable to all other.FBOs making the -sameor similar uses of .such airport and utilizing the same or -similar facilities. 13. Air and Water Quality Standards, The Agency assures that all projects involving.airportlocation,. major runway extension, or runway location will be located, designed, constructed; and operated so as to :comply with applicable air and water quality standards. 14. Operations. and Maintenance, a. The Agency assures that the airport, and all facilities,.which are necessary to serve the aeronautical users of the airport, shall be operated at.all times in a safe and. serviceable condition. and in accordance. with the minimum standards .as. may be required or prescribed by .applicable federal and' state. agencies. for maintenance and operation; as well as minimum.. standards established by the Department for State of Florida licensing ase public -use airport.. 1) The Agency assures that it will not cause or permit any activity or :action thereon which would interfere with its use for airport purposes. 21 Except inemergency situations; any proposal. to temporarily close the airport'fornon-aeronautical purposes -must first be approved by the Department. .3) The Agency assures that it will have arrangements: for promptly notifying airmen of any condition affecting .aeronautical use of the:airport.. b. Nothing contained herein shall be construed. to require that the airport be operated' .for aeronautical. use during:temporary periods.when adverse weather conditions interfere with safe.airportoperations. I5. Federal Funding Eligibility. a. The Agency assures it. will take appropriate actions to maintain federal funding, eligibility forthe airport and it will avoid any action' that. renders the:airport.ineligible for federal funding. b. If the. Agency' becomes ineligible forfederat funding of airport projects, such determiriation'will render the Agency ineligible for state.. funding: of airport projects. 16. Project: Implementation. a. The Agency assures that it will begin.rnaking.expenditures or incurring obligations. pertaining to this Project within one year after the .effective date of this .Agreement: b.. The Agency may request a one-year extension of this one-year.time- period, subject to :approval by 'the Department: District Secretaryor designee. P. Failure ofthe Agency to make expenditures, incur obligations:or'receive'an approved extension may allow the. Department to terminate this Agreement 17. Exclusive Rights. The Agency .assures that it will not permit any exclusive right 'for use.of'the. airport by"any person providing; orintending to,provide, aeronautical. services to the public. 18. Airfield Access. a. The Agency assume that it will not grant or allow general..easement.or public access:'that opens onto or crosses the. airport runways, taxiways, flight line; passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications; utilities,: and landing STATE OF FLORIDA DEPARTMENT OP TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form T2S•006.02 STRATEGIC. DEVELOPMENT' . 0GC 04118 systems, including but. not limited to flight operations, .ground :services, emergency services, terminal facilities, maintenance; repair, .or storage, except for those normal airport.providers responsible for standard airport .daily services or during special events at the airport open to the public with lirnited and 'Controlled access. b. The Agency' assures. that .it will not -grant or allow .general easement or public access to any portion of the: a(rfleld.fromadjacent real property which is not owned, operated, or otherwise controlled by the Agency without .prior Department. approval, 19. Retention of Rights.and interests.The.Agency will. not sell, lease, encumber; or otherwise transfer or dispose of any part of its titre. or other -interests in the real property shown:as airport owned' or controlled .on the current airport layout plan without prior written approval by the Department: !twill not. sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any. part of its title, rights; or other'interest in existing noise easements or avigation easements on any property,airport or non -airport;. without prior written approval by the Department. These assurances shall not limit the Agencys right to lease airport property for airport -compatible purposes. 20. Consultant, Contractor, Scope, and .Costs. .a. The Department has the right to disapprove..the Agencys employment of consultants,. contractors, and subcontractors for all or any part of this Projectifthespecific consultants; contractors; or subcontractors have a record of poor project performance with the Department, b. Further; the Department maintains the right to disapprove the proposed Project scope and cost of professional services.. 21. Planning Projects. For all planning projects `or other aviation studies, the Agency assures that:it will: a. Execute the project per the approved project narrative or with approved modifications. b. Fumish the Department with .such periodic project and work activity reports as indicated in: the approved scope: of services. c. Make such project materials available for public review, unless exempt from public disclosure. 1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 Florida Statutes: 2) No materials prepared under this Agreement shall be subject to copyright in the United States or any othercountry. d.. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. if the.Project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto,. it will be consistent with provisions of the Florida Aviation System Plan,will identify reasonable future growth of the airport and the Agency will:comPly with the Department airport master planning guidebook; including: 1): Provide copies in .electronicand editable format, of final Projecct materials to the Department, including computer-aided. drafting (CAD) files of the Airport Layout Plan. 2) Develop a cost feasible financial plan, approved by the Department, to accomplishthe projects described in the Airport Master Plan or depicted in the Airport Layout. Plan; and any updates thereto. The costfeasible financial plan shall realistically assess Project phasing considering availability of state and local funding and federal funding under the FM'spriority system. 3) Enter all projects contained in the cost -feasible plan in the. Joint Automated Capital Improvement 'Program (.JACIP). f. The Agency understands and agrees that Department approval of this Agreement or any planning material devefoped as part of this Agreement does not constitute or Imply any assurance or commitment on the part of the Department to approve any pending or future: application .for state aviation funding, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC N BLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725.000.02 STRATEGIC DEVELOPMENT OGC 04118 9: The .Agericy. wilt submit master planning: drafttand;.final deliverables for Department and, if required, FAA approval prior to submitting any invoices. to. the. Department for payment. '22:.. Land Acquisition Projects. For the purchase of real. property, the Agency assuresthat it will: a. Laws. Acquire the land in accordance with federal and/or state laws governing such action', b. Administration. Maintain direct control of Projectadrriinistration, including: 1.) Maintain .responsibility for ail related contract letting and administrative procedures related to the purchase of real property.. 2) Secure :written Departmentapproval to. execute each agreementfor the purchase of real property with any third party.. 3) :Ensure a qualified, State -certified general appraiser provides all necessary services and documentation. 4) Furnish the Department with a projected schedule of events and a cash flow projection. within 20 calendar days after completion of the review appraisal. 5) Establish a Project account.for the purchase of the land, 6) Collect. and disburse federal, state, and local project funds. c. Reimbursable Funds; If funding conveyed by this Agreement is reimbursable for land' purchase in accordance with Chapter 332, .Florida Statutes,' the Agency shall complywith the: following requirements: 1) The Agency shall apply for a FAA Airport Improvement Program grant forthe land purchase within '60 daysof executing this Agreement. 2) If federal funds are received for the land:purchase, rhe Agency shaii.notify the. Department, in writing, within 14 calendar -days :of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to. achieve normal project"federal, state, and local funding shares per Chapter.332, Florida Statutes. 3) if federal funds.are riot received, for the land purchase, the Agency shall reimburse the Departrrient within 30; calendar days after the reimbursable. funds are. due • in order to achieve normal project state.and local funding shares as described in Chapter. 332, Florida Statutes. 4) If federal funds: are not_received for the land purchase and' the state share of the purchase is less than or equal to normal state and local funding shares: per Chapter 332, Florida Statutes, when reimbursable funds are due,. no reirnbursement to the Department shall be required. d. New Airport. If this -Project involves the purchase of real property for the development.of'a new airport, the:Agency assures. that it. will: 1.) Apply for federal and state funding' to construct a paved runway, associated. aircraft parking apron; and'.connecting taxiway within one yearof the.date of land purchase. 2) Complete an Airport Master Plan:within two years of land purchase. 3). Complete airport.construction for basic operation within 10 years of land 'purchase: Use of Land. The Agency assures..that it.shall use the land for aviation purposes in accordance with 'the terms and assurances of this Agreement within '10 years' of acquisition. f. Disposal of Land. For the disposal.of real propertytheeAgency assures that.it will comply with`the following: 1) For land purchased for airport development or noise compatibility purposes, the Agency shall,:when the land is no longer needed for such purposes, dispose of'such. land at fair market value and/or 'make available to the Department an'arnount equal to the state's proportionate.share of its market value, 2) Land will be considered to be needed for'airport purposes under this assurance.if: a) It serves aeronautical. purposes such as:a runway protection zone oras a noise buffer; b). Revenue: from uses of such land contributes to -airport financial self-sufficiency. :3) Disposition o#land under Section.22f(1) or (2), above, shall be.subject.to retention orreservation of any interest.or right therein needed to ensure.such land will .only be used for purposes compatible with noise levels related to airport operations. e. STATE OF FLORIDA DEPARTGENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Farm725 30.Q2 STRATEGIC OEVELOPmENT occ 04118 4) Revenues from the sale of such land must. be accounted for as outlined in Section D.2.,, :and expended es outlined in .Section D.9: 23. Construction Projects. The Agency assures that it will: a. Project Certifications: Certify Project compliances, including: 1) Consultant and contractor selection comply with ail applicable federal, state and local laws, rules, regulations,: and policies; 2) All design .plans and specifications comply with federal, state, and professional standards. and applicable FAA advisory circulars, as well as. the minimum standards established by the Department for State of Florida licensing as. a public -use airport. .3) Completed construction .complies with all applicable local building codes. 4) Completed construction complies with the Project plans and specifications with certification of that • fact by the Project Engineer. Design Development. For the plans, specifications; construction contract documents,. and . any and. all other engin.eering, construction, and contractual documents produced by the Engineer; which are hereinafter collectively referred to as "pians", the Engineer. will certify that 1) The:plans..shall be developed. in accordance with sound engineering and design principles, and with generally accepted professional. standards. 2) The plans. shall be consistent with the intent of the Project as defined in. EXhibit A.and Exhibit B of this Agreement. 3) The Project Engineer shall perform. a review of the certification requirements listed. in Section B2, Construction Certification; above and. make. a :determination as to their applicability to this Project. 4) Development. of the plans shall: comply with all:applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval. The Agency assures that.. 1) The: Agency will provide and maintain. competent technical Supervision at the .construction site throughout the: Project to assure that the work conforms to the plans, .specifications;. and schedules approved by the: Department, es applicable, for the Project.. 2) The Agency assures. that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department.. 3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which.does not conform to the Department.standards d. Pavernent Preventive Maintenance. The: Agency assures. that for a project involving replacement or reconstruction of runway or taxiway pavement It has implemented an airport pavement maintenance management program.and that it will use such program for the.useful life of :any pavement constructed, reconstructed, or repaired with state financial assistance at the.airport. 24. Noise: Mitigation Projects, The Agency assures that it. will:. a. Governrnent.Agreements. For ail noise compatibility projects that are carried out by. another unit of.local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that:governrnerit body. 1) The local agreement, satisfactory to the. Department, shall obligate. the unit of local government to the same terms and assurances that apply to the Agency: 2) The Agency assures that it will take steps to.enforce.the local agreement if there issubsstantial non- cornpliance with the terms of the local agreement; b. Private Agreements. For noise compatibility projects on privately owned property::. 1) The Agency shall enter into an agreement. with the owner of that property to -.exclude future actions against the airport. 2) The Agency assures that it will take steps to enforce such agreement if there is substantial non- compliance.with the terms .of the agreement.. b. STATE.OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC `TRANSPORTATION GRANT AGREEMENT EXHIBITS End of Exhibit E STATE OP FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures CostReimbursement Contracts Form. 725.000.04 STRATEGIC DEVELOPMENT D C 04M8' invoices. for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc:). Supporting documentation shall be submitted for each amount for which. reimbursement is being' claimed indicating that'the item has been paid. Documentation for each amount for Which reimbursement is being claimed must indicate that the item has been paid: Check numbers may be provided in lieu of copies of:actual checks. Each piece of documentation should. clearly reflect the dates of service. Only expenditures for.categories in the approved agreement budget may be reimbursed. These expenditures must be :allowable (pursuant to law) and directly related to the'services being provided. Listed below are types and .examples of supporting documentation for cost reirnbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted: The payroll registershould show gross salary charges, fringe benefits, other :deductions and. net pay: If' an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate:of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing' the amount paid ori behalf of the employee (e.g_, insurance .premiums paid), If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits; then the calculation for the fringe benefits amount rnust be shown, Exception: Governrriental.entities are: not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must bean 'accordance with Section 11:2.061,. Florida. Statutes, which. includes submission of the claim on the approved State.travel voucher or electronic means. (4) Other direct costs: .Reimbursement wi11 be made.based on' paid invoices/receipts. If nonexpendable property is purchased using State funds; the contract should include 3 provision for the transfer of the,.property to.the State when services are 'terminated. Docurnentation.must be provided:to' show.compliance With Department of Management Services Rule 60A-1.017, Florlda.P.dministrative Code, regarding the: requirerr;ents for contracts which include services and that pravide. for the contractor to purchase tangible personal' property as defined in Section 273.02; Florida Statutes, for subsequent transfer to the State. (5) In-house.' charges' Charges which may be of an internal nature (e.g., postage, copies, etc.) May be reimbursed on a usage log which shows theunits times the rate being charged. The rates must be reasonable. (6) Indirect costs:. If the contract specifies'that indirect, costs'will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, andforcontractsbetween universities may submit alternative.documentation to.substantiatethe reimbursementrequest that may be in the form .of FLAIR. reports or otherdetailed reports. The. Florida Department of Financial Services, -online Reference: Guide for State Expenditures can be sfotind.at this web address http:llwww.mvfloridacfo.com/aadir/reference guide/. STATE OF FLORIDA DEP .R DENT OF TRANSPORT/L.11014 PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT.G: :$TATE FINANCIAL ASSISTANCE (FLORIDA SINGLE. AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Form 725-000.03 STRAT.EEIC. DEVELOPMENT 'GC 64118 SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Agency State Project Titie CSFA Number:. *Award Amount: Florida Department of. Transportation Replace Hangar. C 55.004 5960,000 *The award amount may change with supplemental:agreements. Specific project information for CSFA Number 55.004 is provided at https:Uapps,lidfs.corn/fsaafsearchCataloo.asox. COMPLIANCE REQUIREMENTS APPLICABLE TO :STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55:004 are provided at: httos:I/apbs.fIdfs. comIfsaa/searchCornoIi ance:aspx The State Projects.Compliance .Supplement is provided at: httr s:7lagos:fldfs.coat/fsaa/cornpliance.aspx To: Mkhael.13rownedoispatelLus FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G0Y92 7112/21115 CONTRACT INFORMATION " LIMat=01,0,460;iiitMalV 0Y92 tanzwirrif‘ICtr , ,'4. *...17-.41.tisrakte* OFM100:45b,,ahi,...rA:: ),,..m.,R.W4Q41,0 giaa.tiVagt6t4A, 1,,nrotilittsm.v,%."4011i,V2V.Ir-are4M3TMWAk":471.44.4 priprrootirlimont„%*s,,„VP.016144 kr. 0,..w.a...----noTawnt 1.3rriaMtgitfill 1k4 'OD GRANT DISBURSEMENT GRANT) :G - GOVERMENTAL AGENCY (287.057,V.S.) andoritiame:i; 11,,, • --t---PogaigrAvitg. 4S1,...• .0 • er,,V=4:magt tVet1007,411,541T Wts:CetzoMete.' • • CLEARWATER, CITY Or 4. F595000259002 vvt,P7A-4,z. • w on L., (CIP 07112/2016 Ftitk,,,L'nz.zsisavntriegvmmssicv o ,ngz4v-**;.., lizipikruamotlimisfA room 00p0/704 eguki, izeg2r--=,....A.1..A41.;*0-5A418.tr',010):4..46gq' SEI60 000-00 111 CLEARWATER AIRPARK - REPLACE HANGAR C FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M. NA1TOVE, CPA, COMPTROLLER ON 711 2)2018 ta,,..3.5,441 13RA,OrMt b." • +15**Itir.: . 'II 1,471e , •,,,ga tlag hat : a ';$,-"'"Arir• '"OVedfri, ' ,,, Ins APPROVED " tMelMfe, "'Al ,ii nill, 4'• 4,- .1% i..1 Me.'....44.....wtr,41.. 05072020728 ,y,m12..o41.poya-i.00r6ctivwfv:P' . • 8:,.,4:04,4440.4kA 751000 ,..,., , omoolon„,,tttvigi 60 000.00 $2, ttoos-nra-tor:Yfo:frolvviR51 Nna erorp014:14.1 43522212401 itteu-g,fic--03,04.1 L215 VI : •Air. t'ir. Itr4..1.., :, ., = A; , ,1 V".'ft".".Argflielfir4W11110 =.:m.„„in,:rirtZeelaiysV:.1t1.-et0• e int'• • .- wegnitilmt , • Btl' et Yeil • " 5510010o - , lea YearA ,..: . :az,. • - sauag"... 088719/19 ,.i.'",p4a,.4.qartv.z.sr '7, ' nti1 10 -0, • 0001 .., 00 ,17.0s.-1.1,..tto.eatili...4 IT .4 J •S''''.4•07611.14,44,4,1 4 g36iii/SblififsivA5 0001104 Total Amount: $960,000330 Pooe1.01 F ; Demolish and Replace T-Hangar C Date: 2/3/2020 TO: Michael S.MacDonald City of Clearwater-Marine and Aviation 25 Causeway Blvd, Clearwater,FL 33767 RE: Demofish and Rgplace,r-HanF-fir,C,Prosect Number: 18"-0030-A As requested,enclowd is the proposal for Demolish,permit,and Re-build Hangar C at the City of Clearwater Airpark submitted in accordance for a Guaranteed Maximwn Price of $1,186,111.00. Scope of Work: 1. All permit,impact,jurisdictional,and testing fees will be passed onto the owner at cost and have not been a proposal. 2. Mechanical systems have not been included with this proposal. 1 A PEMB AT10WANCE of$246,455 is included with this proposal. 4, See attached proposal for additional information. Cost Detail: Description Amount —Cost of Wor—k -- $896,208 Subtotal General Conditions or—Cicneral 102,202 (�onditions/Syp,ei-vision/Insurance/Bond) $ Construction Management Fee $7'9'-�'873 Contngncy 10 °! $1078-2-8- Guaranteed Maximum Price $1_11 X86,111 Project Duration shall be 300 calendar days from the date of the Notice to Proceed. Existing Contract- This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on August 4,201 ,based on 1 #24-16. mom If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. (If GMP is less than$150,000 a boadis not required) For work performed, invoices shall be submitted to the City of Clearwater, Marine and Aviation Department, Attn: Louis Christou, Senior Accountant, 25 Causeway Blvd., Clearwater, Florida, 33767.Contingency services may be billed only after written authorization is provided by the City to proceed with those services. .1.0.DeLotto &Sons,Inc. o DatTin P.Thomson Vice President Date CITY OF CLEARWATER,FLORIDA Approved as to form: Attest: By: 'b--Wen Kohler R o s cma t ie(5 ffa-11 Assistant City Attorney City Clerk Countersigned: f1k) IT George N. Cretekos William B. Hornc 11 Mayor City Manager Date Date d Clearwater Airpark Date: 1/30/2020 Hangar Replacement Estimate: 1 Estimate Estimate Rev. 1 Project SF, 11826 1 ! 6 ! ESTIMATE SUMMARY DIVISION 1-GENERAL CONDITIONS&REQUIREMENTS $130,234 General Requirements $40,577 3.43 General Conditions $82,982 7,02 Material Testing&Inspection $5,700 0.48 As-Bunts and Closeout Documents $475 DIVISION 2-SITEWORK $227,502 Sitework and Improvements $197,502 16.70 Demolition&Asbestos Survey $30,000 2.54 Earthwork and Utilities Included 0.00 DIVISION 3`BUILDING CONCRETE $150,265 Concrete $150,285 12.71 DIVISION 4-MASONRY $28,065 Masonry $28,065 2.37 DIVISION 5 STEEL $13,400 Structural Steel $13,400 1.13 DIVISION 6-CARPENTRY $2,500 Rough Carpentry $2,500 0.21 DIVISION 7-THERMAL&MOISTURE PROTECTION $2,500 Fire and Smoke Penetrations $2,500 0.21 DIVISION 8-DOORS&WINDOWS Included Doors, Frames and Hardware Included 0.00 DIVISION 9-FINISHES $14,868 Drywall and Framing $11,802 1.00 Paints and Coatings $3,066 0.26 DIVISION 10-SPECIALTIES $3,500 Fire Extinguishers $2,000 0.17 Toilet Partitions and Accessories $1,500 0.13 DIVISION 13-SPECIAL CONSTRUCTION $245,455 Pre-Engineered Metal Building(ALLOWANCE) $246,455 20.84 DIVISION 15-MECHANICAL $54,706 Plumbing $54,705 4.63 DIVISION 16 a ELECTRICAL $66,200 Electrical $53,500 4.52 Lightning Protection $12,700 0.00 DESIGN&ENGINEERING $39,950 Architectural Services Fee $39,9.50 3.38 Structural Engineering Services Fee Included 0.00 Civil Engineering Services Fee Included 0.40 Mechanical Engineering Services Fee included 0.00 Electrical Engineering Services Fee Included 0.00 BONDS and INSURANCES $18,245 Builder's Risk insurance Owner 0.00 General Liability 0..50°rim $4,901 0.41 924 E.Busch Blvd.Tampa,Florida 33512•$13-935-2191•Fax 813-335-2456 www.delotto.com•CGCOSS906 r Clearwater Airpark Date: 1/30/2020 Hangar Replacement Estimate: 1 Estimate Estimate Rev.: 1 Project SF: 1.1826 Performance&Payment.Bond 1,125% $13,344 1.13 DESIGN-BUILDERS.FEE $79,873 Design-Build Fee 8.00% $79,873 6,75 CONTINGENCIES $107,828 Project Contingency 10% $147,828 9.12 CLARIFICAITONS AND ASSUMPTIONS I All permit,impact,jurisdicadonal,and testing fees will be passed on to the owner at cost and have not been assumed in this proposal, 2 Mechanical systems have not been included with this proposal. 3 A PEMB ALLOWANCE of$246,455 is included with this proposal. 924 E.Busch Blvd.Tampa,Florida 33612.819-935-2191•Fax 813-435-2456•www.delotto.com•CGCO58906 q; Demolisb and Replace T-11anaar C Date: 2/312020 TO:: Michael S.MacDonald City of Clearwater—Marine and Aviation 25 Causeway Blvd. Clearwater, PL 33767 RE: Demolish and Re lace T-Ran ar C Pra'ect Number: 18-0+030-AP As requested,enclosed is the proposal for Demolish,Permit,and Re-build Hangar C at the City of Clearwater Airpark submitted in accordance for a Guaranteed Maximum Price of $1,18+6,111.00. Scope of Work: 1. All permit,impact,jurisdictional,and testing fees will be passed on to the owner at cost and have not been a proposal. . Mechanical systems have not been included with this proposal. 3. A PBMD ALLOWANCE of$246,455 is included with this proposal. 4. See attached proposal for additional information. Cost Detail: Description Amount Cost of Work $896,208 Subtotal $896,208 General Conditions(or General $102,202 Conditi)ns/Su ervisionllnsurance/Bond Construction Mana ement Pee $79,873 Contin,-enc 10 % $107,828 Guaranteed Maximum Price $1.1.18 6,111 Project Duration shall be 306 calendar days from the date of the Notice to.proceed. Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on Angus 4,2016,rased on 124-16. If GMP Exceeds $150,000: Per Section 111, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. (If GRIP is less ffian$150,000 a hond is not required.) For work performed, invoices shall be submitted to the City of Clearwater, Marine and Aviation Department, Attn: Louis Christou, Senior Accountant, 25 Causeway Blvd., Clearwater, Florida, 33767.Contingency services may be billed only after written authorization is provided by the City to proceed with those services. J.0.DeLotto &Sons,Inc. Martin P. Thomson Vice President Date CITY OF CLE,ARWATER,FLORIDA Approved as to fonn: Attest: 'k4 �en Kohler Rosemarie Call Assistant City Attorney City Clerk ' V Countersigned: ct eo(vv�ov 1-4-�03 George N. Cretekos William B. Home 11 Mayor City Manager L Date Date