1-RFQ-086-25 CW Attachments and Forms Final(1).pdf

ATTACHMENTS & FORMS

Table of Contents

Attachments:

A. Project Location Map

B. Blueprint Projects Location Map

C. Sample Contract

D. U.S. Department of Transportation General Terms and Conditions Under the Fiscal Year 2024 Safe Streets and Roads for All (“SS4A”) Grant Program:

FHWA Projects (revised March 17, 2025)

E. U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2024 Safe Streets and Roads for All (SS4A) Grant Program (revised March 17, 2025)

F. Contract Provisions for Federal-aid Construction and Service Contracts Required by FHWA or Other Agencies

General Forms:

G. Representations/Certifications

H. Drug Free Workplace Program Certification

I. Non-collusion Affidavit of Respondent

J. Responsible Vendor Review Form

K. Human Trafficking Form

L. Reference Form Federally Related Forms:

M. Certification regarding Debarment, Suspension, and other Responsibility Matters – Primary Covered Transactions

N. Certification for Disclosure of Lobbying Activities on Federal-Aid Contracts

O. Disclosure of Lobbying Activities

P. Truth in Negotiation Certification

Q. E-Verify Form

R. Tax Delinquency and Felony Conviction Certification Form

ATTACHMENTS

PROVEN SAFETY COUNTERMEASURES

Appropriate Speed for All Road Users

Enhanced Delineation for Horizontal Curves

Rectangular Rapid Flashing Beacons (RRFB) Wider Edge Lines

Enhancements Roadside Design Improvements at Curves Walkways

Systemic Application of Multiple Low-Cost Countermeasures at Stop- Controlled Intersections

Jake Gaither Community

Pedestrian and Street Safety Improvements Safe Streets and Roads for All • 2024 Grant Application

Attachment "A"

PROJECT AREA & PROPOSED IMPROVEMENTS

E s t a t e s R d

Attachment "B"

S p r i n g s a x R d

Springsax Park

Ridge Road BluePrint Project Segment ADA Connection to

Henrietta Trail Sharrows

R i d g e R d

TLCGIS, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, ©

OpenStreetMap contributors, and the GIS User Community

Wayfinding 0 0.13 0.25 0.5 Miles

A N

R i d g e

R d

A n i t a

D a v i s

P

A l t h e a G i b s o n

W a

S M o n r o e S t

SS4A Gaither PASS RFQ Attachment C

Attachment "C"

Contract No.

(SAMPLE) AGREEMENT FOR CIVIL ENGINEERING SERVICES

FOR DESIGN OF

JAKE GAITHER COMMUNITY PEDESTRAIN AND STREET SAFETY PROJECT

THIS AGREEMENT, dated , 2025, is entered into by the City of Tallahassee, a Florida municipal corporation, (“City”) and , (“Consultant”). The City and the

Consultant also may be referred to individually as a “Party” or collectively as the “Parties.”

Recitals

WHEREAS, the City issued Request for Qualifications No. 086-25-CW (“RFQ”) on for civil engineering services relating to the design of Jake Gaither Community Pedestrian and Street Safety

Project.

WHEREAS, the Consultant submitted a response, dated , 2025, to the RFQ, and the

City, after evaluation of the responses received, selected the Consultant for an award of a contract for the design services.

WHEREAS, the City and the Consultant now desire to enter into a contract for the provision of such services upon the terms and subject to the conditions set forth herein.

NOW, THEREFORE, in consideration of the following mutual covenants and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1.0 OBJECTIVE

1.1 The Consultant shall furnish consulting services, as requested by the City, in support of the development of the design, plans and specifications for construction of Jake Gaither

Community Pedestrian and Street Safety Project ("Project"). The consulting services to be performed are generally described in the Scope of Services, which is attached as Exhibit

“A” to this Agreement and is by reference incorporated herein.

2.0 CONTRACT TERM

The Scope of Services to be rendered by the Consultant shall be completed in accordance with the project schedule included in Exhibit "B". The commencement date for services shall be the date specified in the written notice to proceed from the City's Project Manager.

2.1 Changes to such project schedule shall be subject to mutual agreement of the City and

Consultant.

3.0 COMPENSATION

3.1 For the satisfactory completion of the Scope of Services, the Consultant shall be paid a total sum not to exceed $ . The compensation shall be payable monthly based upon the proportionate amount of work actually completed and accepted by the City. The total amounts payable with respect to services rendered during each Project activity shall not exceed the amounts set forth in Exhibit "C".

3.2 The Consultant shall submit invoices on City's pay request forms, as described in Exhibit

"A". All invoices shall be submitted to the designated Project Manager.

3.3 The City shall pay the Consultant's invoices in accordance with the Florida Local

Government Prompt Payment Act, Section 218.70, et. seq, Florida Statutes.

4.0 ADDITIONAL OBLIGATIONS OF THE CONSULTANT AND CITY

4.1 The City and the Consultant acknowledge the relation of trust and confidence established each to the other, and each Party agrees to cooperate with the other in every respect in advancing project interests. Specifically, but without limitation, the Consultant covenants with the City to furnish his professional skill, care and judgment in accordance with the prevailing standard of skill, care and judgment expected of any professional Consultant under circumstances similar to those to be encountered on the type of projects undertaken herein, and to cooperate with the City in advancing the interest of the City. The Consultant acknowledges that the City reserves the right to provide to the Consultant, from time to time, suggested approaches to problems and revisions to the work products.

When requested, and not at the expense of the Consultant, the City will furnish maps, drawings, records, audits, annual reports, and other data that are available in the files of the City and which are required for the work undertaken pursuant to this Agreement. If the work to be undertaken will require substantial information or documents from the

City's records, Consultant shall identify those requirements to the Project Manager. The

City will also examine studies, reports, sketches, drawings, specifications, proposal, and other documents presented by the Consultant and render decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant.

4.2 The City shall give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of

Consultant's services, or any defect or non-conformance in the services performed by the

Consultant or any sub-consultant.

4.3 The Consultant shall provide, to the City, copies of drawings, reports, specifications and other necessary information identified in this Agreement in electronic form or electronic data for incorporation into the instruments of service as is required for the completion of the Project. Computer-aided Design (CAD) files of all construction documents will be provided to the City for its records.

4.4 The Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of this Agreement, including subconsultants assigned by the Consultant to perform work pursuant to the Contract. The E-Verify form is included herein as

Attachment P.

5.0 INDEMNIFICATION

The Consultant shall indemnify and hold harmless the City, and its officials, officers, and employees, from and against all claims for infringement of any United States Patent and all other claims, damages, losses, and expenses (including without limitation costs of defending the same and attorney's fees) arising out of or resulting from the performance of the work, furnishing of services, or furnishing of materials, goods, or equipment (including but not limited to claims regarding defects in materials, goods, or equipment) which is caused in whole or in part by any breach of contract, act, or omission of the Consultant, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

6.0 INSURANCE

6.1 Prior to commencing work, Consultant shall procure and maintain at Consultant's own cost and expense for the duration of the Agreement, the following insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of Services hereunder by Consultant, its agents, representatives, employees or sub-consultants. The cost of such insurance shall be borne by Consultant.

6.1.1 Consultant shall maintain the following coverage with limits no less than the indicated amounts:

(a) Commercial General/Umbrella Liability Insurance - $1,000,000 limit per occurrence for property damage and bodily injury. The Consultant should indicate in its proposal whether the coverage is provided on a claim- made or preferably on an occurrence basis. The insurance shall include coverage for the following:

i. Premise/Operations

ii. Explosion, Collapse and Underground Property Damage Hazard (only when applicable to the project)

iii. Products/Completed Operations

iv. Contractual

v. Independent Consultants

vi. Broad Form Property Damage

vii. Personal Injury

(b) Business Automobile/Umbrella Liability Insurance - $1,000,000 limit per accident for property damage and personal injury.

i. Owned/Leased Autos

ii. Non-Owned Autos

iii. Hired Autos

(c) Workers' Compensation and Employers'/Umbrella Liability Insurance - Workers'

Compensation statutory limits as required by Chapter 440, Florida Statutes. This policy should include Employers'/Umbrella Liability Coverage for $1,000,000 per accident.

(d) Professional Liability Insurance - $1,000,000 or as per project (ultimate loss value per occurrence).

6.1.2 Other Insurance Provisions

(a) Commercial General Liability and Automobile Liability Coverage's

(i) City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased or used by Consultant or premises on which Consultant is performing Services on behalf of City.

The coverage shall contain no special limitations on the scope of protection afforded to City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers.

(ii) The Consultant's insurance coverage shall be primary insurance as respects City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers shall be excess of Consultant's insurance and shall not contribute with it.

(iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers.

(iv) Coverage shall state that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

(b) Workers' Compensation and Employers' Liability and Property Coverage's -

The insurer shall agree to waive all rights of subrogation against City, member of its City. Commission, boards, commissions and committees, officers, agents, employees and volunteers for losses arising from activities and operations of

Consultant in the performance of Services under this Agreement.

(c) All Coverage's -

Each insurance policy required by this Article shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to City in accordance with this Agreement.

(i) If Consultant, for any reason, fails to maintain insurance coverage that is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement following: SS4A Gaither PASS RFQ Attachment C and obtain damages from Consultant resulting from said breach.

(ii) Alternatively, City may purchase such required insurance coverage (but has no special obligation to do so), and without further notice to

Consultant, City may deduct from sums due to Consultant any premium costs advanced by City for such insurance.

(iii) City shall be named as an additional insured on General Liability and Auto policies.

6.1.3. Deductibles -

Any deductibles must be declared to and approved by City. At the option of City, the insurer shall reduce or eliminate such deductibles as respects City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers; or Consultant shall procure a bond guaranteeing payment of losses, related investigation, claim administration and defense expenses.

6.1.4. Acceptability of Insurers -

Insurance is to be placed with Florida admitted insurers rated B+X or better by A.M.

Best's rating service.

6.1.5. Verification of Coverage -

Consultant shall furnish City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be submitted with the proposal as a first peer review. Upon execution of the contract documents, the certificates and endorsements are to be received and approved by

City before work commences.

6.1.6. Sub-consultants and Subcontractors -

Consultant shall include each of its sub-consultants and subcontractors as insured under the policies of insurance required herein.

7.0 NONDISCRIMINATION IN EMPLOYMENT

By the execution of this Agreement, the Consultant agrees to and assures the City of the

7.1 The Consultant will not discriminate against any employee or applicant for employment because of race, creed, sex, age, disability, marital status, color or national origin. The

Consultant will ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, disability, marital status, color or national origin. Such action shall include, but not be limited to the following:

employment, upgrading, demotion or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

7.2 The Consultant agrees to post in a conspicuous place, available to employees and applicants, notices setting forth the provisions of this nondiscrimination clause.

7.3 The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that the firm is an Equal Opportunity Employer.

7.4 If the Consultant does not comply with these assurances of nondiscrimination, this

Agreement may be canceled, terminated, or suspended in whole or part.

8.0 CONTRACT RECORDS

The City shall have access to all books, documents, papers, and records of the Consultant directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcriptions. The Consultant shall maintain all required records and other records pertinent to this Agreement for five (5) years after the City makes final payment and all other pending matters are closed. The Consultant and Sub-consultants shall cooperate with the inspector general in any investigation, audit, inspection, review, or hearing to comply with Section 20.055(5), F. S.

9.0 OWNERSHIP OF DOCUMENTS

9.1 The term "City Design Documents" shall mean any and all documents prepared by City staff, or by other consultants to the City, relating to design or construction of the Project, including but not limited to prints, Mylar's, plans, tracings, drawings, design data, details, design premises, calculations, survey notes and survey records, sketches, models, computer files, reports, specifications, and technical provisions. All City Design

Documents shall be and remain the property of the City, and the City shall retain all common law, statutory and other reserved rights, including the copyright. City Design

Documents shall not be used on other work by the Consultant or be provided to third parties and shall be returned to the City at the conclusion or termination of this Agreement.

9.2 All designs, drawings, specifications, data and information prepared by Consultant during the performance of Project services shall be the property of the City, but the City hereby grants to the Consultant an irrevocable right to use the foregoing in its business. The

Consultant shall deliver the originals (hard copy and/or electronic file) of all such documents to the City upon completion of Consultant's work under this Agreement.

Without written verification or adaptation by the Consultant for the specific purpose intended, such documents are not intended or represented to be suitable for reuse by the

City or others for any project other than that for which they were originally prepared.

10.0 TERMINATION

10.1 By the City:

a. The City may at any time and for any reason terminate this Agreement by giving 30 days written notice thereof to the Consultant. The Consultant shall stop all work as soon as possible within the 30-day notice period and shall deliver to the City as promptly as practical, copies of all completed or partially completed work and information which

Consultant would have been required to deliver to the City had such termination not occurred. Additionally, if requested, the Consultant shall cooperate with the City in orienting a new Consultant with the design concepts, assumptions and work performed up to the time of termination, as necessary to ensure an adequate transition in

Consulting services and to provide continuity of project concepts. The Consultant shall be compensated for all such services specifically authorized by the City at the time of termination.

b. The Consultant shall be paid for the work satisfactorily performed prior to the date of receipt by the Consultant of the City's notice of termination. Payment is to be based on substantiated costs, not to exceed an amount which is the same percentage of the payment amount for the applicable phase(s) as the amount of work satisfactorily completed is a percentage of work or services to be performed in the applicable phase(s). It is specifically agreed that there shall be no claim or payment for anticipated profit.

10.2 By the Consultant:

a. The Consultant may terminate this Agreement by giving 30 days written notice thereof to the City, for failure of the City to perform in accordance with the provisions of the

Agreement or for failure of the City to provide with reasonable promptness such information, decisions, fee payments or approvals as may be necessary to prevent serious disruptions or prolonged delays in the work being performed. The Consultant's right to terminate this Agreement may not be exercised if the City has temporarily suspended the work in accordance with this Agreement, until the suspension period has expired.

b. Should the Consultant terminate the Agreement in accordance with Section 10.2, the City shall pay to the Consultant compensation for reasonable costs incurred or unalterably obligated, in the production of acceptable work, prior to the date of the Consultant's notice of termination. Payment is to be based on substantiated costs, not to exceed an amount which is the same percentage of the payment amount for the applicable phase(s) as the amount of work satisfactorily completed is a percentage of the work or services to be performed in the applicable phase(s). It is specifically agreed that there shall be no claim or payment for anticipated profit. If requested, the Consultant shall cooperate with City in orienting a new Consultant with the design concepts, assumptions and work performed up to date of termination, as necessary to ensure an adequate transition in Consulting services and to provide continuity of project concepts. The Consultant's obligation for such orientation efforts shall expire

120 days after the City retains a new Consultant for the work and the Consultant shall be compensated for such effort as agreed upon by the City and Consultant.

11.0 TEMPORARY SUSPENSION OF WORK

From time to time, it may become necessary for the City to temporarily suspend work under this

Agreement. In such an event, the City shall provide at least ten (10) days written notice to the

Consultant. The duration of such a suspension shall not exceed 90 days without the agreement of the Consultant. The City shall pay the Consultant for all acceptable completed work, including any retainage applicable thereto, through the date of the suspension. The City shall provide written notice to the Consultant when the suspension is lifted.

12.0 PROHIBITION AGAINST CONTINGENT FEES

In compliance with Sections 287.055(5)(a), and (6)(a), Florida Statutes, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement, and that the Consultant has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of the Agreement.

Any breach or violation of this warranty shall entitle the City to terminate the Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.

13.0 ERRORS AND OMISSIONS

Acceptance of the work by the City or Agreement termination does not constitute City approval and will not relieve the Consultant of responsibility for subsequent corrections of any errors and/or omissions and the clarification of any ambiguities. The Consultant shall make all necessary revisions or corrections resulting from errors and/or omissions without additional compensation and in a timely manner. If these errors and/or omissions are discovered during the construction of the project, they shall be corrected without additional compensation.

14.0 LUMP SUM OR COST-PLUS FIXED FEE CONTRACTS

The Consultant certifies that the wage rates and other factual unit costs supporting the contract compensation are accurate, complete, and current at the time of contracting. Furthermore, to the extent that such wage rates and other factual unit costs are found by the City to be inaccurate, incomplete, or non-current, the original price for such Agreement and any additions thereto shall be adjusted to exclude any increases in the compensation paid to Consultant due to such circumstances.

15.0 GENERAL PROVISIONS

15.1 Consultant shall not assign any of their rights or obligations under this Agreement without prior approval by the City.

15.2 Consultant shall be responsible for the actions of any and all of their subcontractors and sub-consultants. Neither subcontractors nor any sub-consultants shall interface directly with the City.

15.3 This Agreement shall be construed and interpreted in accordance with Florida Law.

Venue for any action brought in relation to this Agreement shall be placed in a court of competent jurisdiction in Leon County, Florida. If any provision of this Agreement is subsequently held invalid, the remaining provisions shall continue in full force and effect.

15.4 Failure to enforce or insist upon compliance with any of the terms or conditions of this

Agreement or failure to give notice or declare this Agreement terminated shall not constitute a general waiver or relinquishment of the same or any other terms, conditions, or acts; but the same shall be and remain at all times in full force and effect.

15.5 If written notice to a party is required under this Agreement, such notice shall be given by hand delivery, recognized overnight delivery service, or by first class mail, registered and return receipt requested, as follows:

To the City:

Eric W. Gooch, P.E.

Manager - Public Infrastructure Engineering

Underground Utilities and Public Infrastructure Engineering

300 S. Adams St., Box A-18

Tallahassee, FL 32301

To the Consultant:

15.6 A party's timely performance of its obligations under this Agreement, only to the extent such performance is specifically affected thereby, shall be suspended, without forfeiture of any performance bond or the incurring of any financial liability, when and for as long as performance of such obligations is prevented by reason of any of the following cases:

(i) acts of God, including without limitation severe weather events, (ii) operation of law, and (iii) any other event beyond the reasonable control of the party whose performance is affected, to the extent not caused by such party's willful or negligent acts or missions, except in those cases where that party could have reasonably foreseen and reasonably avoided the occurrence. The party affected by any such event shall give written notice thereof to the other party as soon as practicable after it becomes aware of such an event and, to the extent practicable, shall specify the anticipated length of the delay. The affected party shall use reasonable efforts to minimize the impact of that delay on that party's performance. Additionally, neither party shall be liable to the other for damages caused by such events.

15.7 The Consultant will be allowed to photograph the finished product at their own expense and use said photography for marketing purposes. Such marketing cannot state or imply endorsement of or by the City of Tallahassee.

15.8 The Consultant shall be evaluated upon completion of the project. The evaluation will provide an indication of the consultant’s ability to develop practical, accurate, complete and cost-effective construction plans.

15.9 Public Entity Crimes as required by section 287.133(2)(a), Florida Statutes, “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or a public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO [$35,000] for a period of 36 months from the date of being placed on the convicted vendor list.” Moreover, any person must notify the City within 30 days after a conviction of a public entity crime applicable to that person or to an affiliate of that person.

15.10 The selected Consultant shall implement and meet the requirements for a drug-free workplace. Certification provided in Attachment H.

15.11 The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement.

15.12 As required by the FDOT Local Agency Program Agreement, Conflict of Interest statement; No member, officer or employee of the Consultant or Recipient or of the locality during their tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.

15.13 The Parties agree to comply with s. 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s. 20.055(5), Florida Statutes.

15.14 A determination of allowable costs in accordance with the Federal cost principles will be performed for services rendered under this contract.

15.15 Post‐Design Services: If the project funding is adequate, the authorized Optional Services during construction may include construction observation, review of shop drawings, plan interpretation, and preparation of close‐out documents, including certification of record drawings for the proposed improvements.

All aforementioned services may be needed within three (3) years of the initial permit approval.

15.16 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary

Exclusion -- Lower Tier Participants : (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.” This certification is contained in Attachment G, attached hereto and incorporated by reference.

17.0 FEDERAL PROVISIONS

This project is a Federal Aid Contract. All terms included in Attachment D and

Attachment E shall be incorporated into this contract and project design. The Consultant agrees to comply with all applicable Federal provisions listed within Appendix II to Part

200, Title 2 of the Code of Federal Regulations (CFR), as applicable and as may be amended, and are considered incorporated by reference to this Contract. The Consultant accepts and acknowledges that they are and will continue to be in compliance with all applicable said terms and conditions for the term of this Contract. The Consultant accepts and acknowledges the Contract is subject to the Grant Agreement’s General

Terms and Exhibits, and all applicable requirements of 2 CFR Part 200, which are attached hereto as Attachment D and hereby incorporated by reference. This incorporation specifically includes Appendix A and Appendix E from the Grant

Agreement, Exhibit B, Term B.1 and Term B.2. The Consultant acknowledges and agrees to incorporate applicable Federal provisions in all contracts with subcontractors or agents of Consultant.

18. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE

a. The following shall constitute the "Contract Documents", and comprise the entire agreement between the City and the Consultant concerning the Project, and are by reference incorporated as if set forth fully herein:

i. This Agreement for Civil Engineering Services For Design of Jake Gaither

Community Pedestrian and Street Safety Project, all written amendments including change orders and all Attachments and Exhibits; and

ii. The C o ns ul t a nt ’s pr opos a l dated XXX , in the total sum amount of

XXXX ($XXX); and

iii. Request for Qualifications No. 086-25-CW dated XXX, including all addenda thereto, if any.

b. The documents listed herein, if not specifically attached to the contract, are on file in the office of the City Treasurer-Clerk (except as expressly noted otherwise).

c. The Contract Documents may only be amended, modified, or supplemented as provided in a writing signed by duly authorized representatives of the Parties.

d. In the event of an inconsistency between any of the provisions of the Contract Documents, the inconsistency shall be resolved by giving precedence in the following order:

i. This Agreement, inclusive of all written Amendments, including change orders, if any.

ii. Attachment F – Federal Provisions.

iii. Request for Qualifications No. 086-25-CW dated XX, 2025, including all addenda.

iv. The Consultant’s bid dated XX, 2025, in the total sum amount not to exceed XX

($XX).

19. 0 FORMS AND ATTACHMENTS

The following attachments are hereby incorporated as part of the contract documents:

D. U.S. Department of Transportation General Terms and Conditions Under the Fiscal Year 2024 Safe Streets and Roads for All (“SS4A”) Grant Program: FHWA Projects (revised March 17, 2025)

E. U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2024 Safe Streets and Roads for All (SS4A) Grant Program (revised March 17, 2025)

F. Contract Provisions for Federal-aid Construction and Service Contracts Required by FHWA or Other Agencies

G. Representations/Certifications

H. Drug Free Workplace Program Certification

I. Non-collusion Affidavit of Respondent

J. Responsible Vendor Review Form

K. Human Trafficking Form

L. Certification regarding Debarment, Suspension, and other Responsibility Matters – Primary Covered Transactions

M. Certification for Disclosure of Lobbying Activities on Federal-Aid Contracts

N. Disclosure of Lobbying Activities

O. Truth in Negotiation Certification

P. E-Verify Form

Q. Tax Delinquency and Felony Conviction Certification Form

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written.

ATTEST:

By:

CITY OF TALLAHASSEE

By:

James O. Cooke, IV Veronica S. McCrackin City Treasurer-Clerk Director - Procurement Services

Effective Date:

Approved as to form: CONSULTANT:

By: By:

Kristen L. Coons Name:

Sr. Asst. City Attorney Title:

SS4A Gaither PASS RFQ Attachment D

Attachment "D"

U.S. DEPARTMENT OF TRANSPORTATION

GENERAL TERMS AND CONDITIONS UNDER THE

FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL (“SS4A”) GRANT

PROGRAM:

FHWA PROJECTS INCLUDING TITLE 23 FUNDS

Date: June 13, 2024 Revised: October 1, 2024 Revised: March 17, 2025

Table of Contents

Article 7 Purpose

7.1 Purpose

Article 8 USDOT Role

8.1 Division of USDOT Responsibilities

8.2 USDOT Program Contact

Article 9 Recipient Role

9.1 Statements on the Project

9.2 Statements on Authority and Capacity

9.3 USDOT Reliance

9.4 Project Delivery

9.5 Rights and Powers Affecting the Project

9.6 Notification of Changes to Key Personnel

Article 10 Award Amount, Obligation, and Time Periods

10.1 Federal Award Amount

10.2 Federal Obligations

10.3 Budget Period

10.4 Period of Performance

Article 11 Statement of Work, Schedule, and Budget Changes

11.1 Notification Requirement

11.2 Statement of Work Changes

11.3 Schedule Changes

11.4 Budget Changes

11.5 USDOT Acceptance of Changes

Article 12 General Reporting Terms

12.1 Report Submission

12.2 Alternative Reporting Methods

12.3 Paperwork Reduction Act Notice

Article 13 Progress and Financial Reporting

13.1 Quarterly Performance Progress Reports

13.2 Quarterly Financial Status

13.3 Final Performance Progress Reports and Financial Status…

Article 14 Performance Reporting

14.1 Baseline Performance Measurement

14.2 SS4A Final Report

14.3 Performance Measurement Information…

14.4 Performance Reporting Survival

14.5 Program Evaluation…

Article 15 Noncompliance and Remedies

15.1 Noncompliance Determinations

15.2 Remedies

15.3 Other Oversight Entities

Article 16 Agreement Termination

16.1 USDOT Termination

16.2 Closeout Termination

16.3 Post-Termination Adjustments

16.4 Non-Terminating Events

16.5 Other Remedies

Article 17 Monitoring, Financial Management, Controls, and Records

17.1 Recipient Monitoring and Record Retention

17.2 Financial Records and Audits

17.3 Internal Controls

17.4 USDOT Record Access

Article 18 Contracting and Subawards

18.1 Build America, Buy America

18.2 Small and Disadvantaged Business Requirements

18.3 Engineering and Design Services

18.4 Foreign Market Restrictions

18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment

18.6 Recipient Responsibilities for Subawards

18.7 Subaward and Contract Authorization

Article 19 Costs, Payments, and Unexpended Funds

19.1 Limitation of Federal Award Amount

19.2 Projects Costs

19.3 Timing of Project Costs

19.4 Recipient Recovery of Federal Funds

19.5 Unexpended Federal Funds

19.6 Timing of Payments to the Recipient

19.7 Payment Method

19.8 Information Supporting Expenditures

19.9 Reimbursement Frequency

19.10 Match

Article 20 Liquidation, Adjustments, and Funds Availability

20.1 Liquidation of Recipient Obligations

Article 21 Agreement Modifications

21.1 Bilateral Amendments

21.2 Unilateral Contact Modifications

21.3 USDOT Unilateral Modifications

21.4 Other Modifications

Article 22 [RESERVED]

22.1 [RESERVED]

Article 23 [RESERVED]

23.1 [RESERVED]

Article 24 Labor and Workforce

24.1 Labor and Workforce

Article 25 Critical Infrastructure Security and Resilience

25.1 Critical Infrastructure Security and Resilience

Article 26 Civil Rights and Title VI…

26.1 Civil Rights and Tile VI

Article 27 Federal Financial Assistance, Administrative, and National Policy Requirements

27.1 Uniform Administrative Requirements for Federal Awards

27.2 Federal Law and Public Policy Requirements

27.3 Federal Freedom of Information Act

27.4 History of Performance

27.5 Whistleblower Protection

27.6 External Award Terms and Obligations

27.7 Incorporated Certifications

Article 28 Assignment

28.1 Assignment Prohibited

Article 29 Waiver

29.1 Waivers

Article 30 Additional Terms and Conditions

30.1 Effect of Planning and Demonstration or Implementation Award

30.2 Disclaimer of Federal Liability

30.3 Environmental Review

30.4 Railroad Coordination

30.5 Relocation and Real Property Acquisition

30.6 Equipment Disposition

Article 31 Mandatory Award Information

31.1 Information Contained in a Federal Award

Article 32 Construction and Definitions

32.1 Attachments

32.2 Exhibits

32.3 Construction

32.4 Integration

32.5 Definitions

Article 33 Agreement Execution and Effective Date

33.1 Counterparts

33.2 Effective Date

Index of Definitions

Administering Operating Administration Environmental Review Entity… Federal Share

FHWA

NOFO

OMB

Program Statute Project Project Closeout SS4A Grant

USDOT

GENERAL TERMS AND CONDITIONS

The Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “IIJA”) established the Safe Streets and Roads for All (the “SS4A”) Discretionary Grant Program (IIJA Section 24112) and appropriated funds to the United States Department of Transportation (the “USDOT”) under Division J, Title VIII of IIJA to implement the program.

The funds are available to provide Federal financial assistance to support local initiatives to prevent death and serious injury on roads and streets, commonly referred to as “Vision Zero” or “Toward Zero Deaths” initiatives.

The USDOT published a Notice of Funding Opportunity (the “NOFO”) to solicit applications for Federal financial assistance in Fiscal Year 2024 for the SS4A Discretionary Grant Program.

These general terms and conditions are incorporated by reference in a project-specific grant agreement under the fiscal year 2024 SS4A grant program. Articles 1–6 are in the project-specific portion of the agreement. The term “Recipient” is defined in the project-specific portion of the agreement. Attachments A through F are project-specific attachments.

ARTICLE 7

PURPOSE

7.1 Purpose. The purpose of this award is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development or projects focused on all users, including pedestrians, bicyclists, public transportation users, motorists, personal conveyance and micromobility users, and commercial vehicle operators. The parties will accomplish that purpose by achieving the following objectives:

(1) timely completing the Project; and

(2) ensuring that this award does not substitute for non-Federal investment in the Project, except as proposed in the Grant Application, as modified by section 3.3 and Attachment B.

ARTICLE 8

USDOT ROLE

8.1 Division of USDOT Responsibilities.

(a) The Office of the Secretary of Transportation is ultimately responsible for the USDOT’s administration of the SS4A Grant Program.

(b) The Federal Highway Administration (the “FHWA”) will administer this grant agreement on behalf of the USDOT. In this agreement, the “Administering Operating Administration” means the FHWA.

8.2 USDOT Program Contact.

Safe Streets and Roads for All Federal Highway Administration Office of Safety 1200 New Jersey Avenue SE HSSA-1, Mail Drop E71-117 Washington, DC 20590 SS4A.FHWA@dot.gov

(202) 366-2822

ARTICLE 9

RECIPIENT ROLE

9.1 Statements on the Project. The Recipient states that:

(1) all material statements of fact in the Grant Application were accurate when that application was submitted; and

(2) Attachment B documents all material changes in the information contained in that application.

9.2 Statements on Authority and Capacity. The Recipient states that:

(1) it has the authority to receive Federal financial assistance under this agreement;

(2) it has the legal authority to complete the Project, including either ownership and/or maintenance responsibilities over a roadway network; safety responsibilities that affect roadways; or has an agreement from the agency that has ownership and/or maintenance responsibilities for the roadway within the applicant’s jurisdiction; if applicable;

(3) it has the capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement;

(4) not less than the difference between the “Total Eligible Project Cost” and the “SS4A Grant Amount” listed in section 3.3 are committed to fund the Project;

(5) it has sufficient funds available, or an agreement with the agency that has ownership and/or maintenance responsibilities for the roadway within the recipient’s jurisdiction, to ensure that infrastructure completed or improved under this agreement will be operated and maintained in compliance with this agreement and applicable Federal law; and

(6) the individual executing this agreement on behalf of the Recipient has authority to enter this agreement and make the statements in this article 9 and in section 0 on behalf of the Recipient.

mailto:SS4A.FHWA@dot.gov

9.3 USDOT Reliance. The Recipient acknowledges that:

(1) the USDOT relied on statements of fact in the Grant Application to select the Project to receive this award;

(2) the USDOT relied on statements of fact in both the Grant Application and this agreement to determine that the Recipient and the Project are eligible under the terms of the NOFO;

(3) the USDOT relied on statements of fact in both the Grant Application and this agreement to establish the terms of this agreement; and

(4) the USDOT’s selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants.

9.4 Project Delivery.

(a) The Recipient shall complete the Project under the terms of this agreement.

(b) The Recipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all applicable Federal laws, regulations, and policies.

(c) The Recipient shall provide any certifications or assurances deemed necessary by the USDOT in ensuring the Recipient’s compliance with all applicable laws, regulations, and policies.

(d) The Recipient shall provide access to records as provided at 2 C.F.R. 200.337.

9.5 Rights and Powers Affecting the Project.

(a) The Recipient shall not take or permit any action that deprives it of any rights or powers necessary to the Recipient’s performance under this agreement without written approval of the USDOT.

(b) The Recipient shall act, in a manner acceptable to the USDOT, promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient’s performance under this agreement.

9.6 Notification of Changes to Key Personnel. The Recipient shall notify all USDOT representatives who are identified in Section 4.3 in writing within 30 calendar days of any change in key personnel who are identified in Section 4.2.

ARTICLE 10

AWARD AMOUNT, OBLIGATION, AND TIME PERIODS

10.1 Federal Award Amount The USDOT hereby awards a SS4A Grant to the Recipient in the amount listed in section 2.2 as the SS4A Grant Amount.

10.2 Federal Obligations.

This agreement obligates funds for the period of performance listed on Page 1, Block 6 of the grant agreement.

(a) If the Federal Obligation Type identified in section 2.3 is “Single,” then the project-specific agreement obligates for the budget period the amount listed in Section 2.2. as the Grant Amount and sections 10.2 (c)–10.2(f) do not apply to the project specific agreement.

(b) If the Federal Obligation Type identified in section 2.3 is “Multiple,” (for phased agreements) then an amount up to the Grant Amount listed in Section 2.2 will be obligated with one initial obligation and one or more subsequent, optional obligations, as described in sections 10.2(c)–10.2(f).

(c) The Obligation Condition Table in section 2.3 allocates the Grant funds among separate phases of the Project for the purpose of the Federal obligation of funds. The scope of each phase of the Project that is identified in that table is described in section 2.3.

(d) The project-specific agreement obligates for the budget period only the amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table does not list an obligation condition.

(e) The project-specific agreement does not obligate amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table lists an obligation condition. The parties may obligate the amounts allocated to those portions of the Project only by modifying the project specific agreement under section 21.

(f) For each portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, the amount allocated in that table to that portion of the Project is obligated if, not later than the statutory lapse date identified in the project-specific agreement as applicable to the Grant Program.

(g) For any portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, if the obligation condition is satisfied, the parties amend this agreement documenting that:

(1) the FHWA determines that the obligation condition listed in that table for that portion of the Project is satisfied; and

(2) the FHWA determines that all applicable Federal requirements for obligating the amount are satisfied.

(h) The Recipient shall not request reimbursement of costs for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 10.2(c)-(f).

(i) Reserved.

(j) The Recipient acknowledges that:

(1) the FHWA is not liable for payments for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 10.2(c)-(f);

(2) any portion of the Grant that is not obligated under this section 10.2 by the budget period end date identified in the project-specific agreement for those funds lapses on the day after that date and becomes unavailable for the Project; and

(3) the FHWA may consider the failure to obligate funds by the budget period end date identified in the project-specific agreement as applicable to the Grant Program for those funds to be a basis for terminating the project-specific agreement under section 16.

10.3 Budget Period

The budget period for this award begins on the effective date of this agreement and ends on the budget period end date that is listed in section 2.4, which shall be no later than 5 years from the date of grant execution. In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1.

10.4 Period of Performance.

(a) The period of performance for this award begins on the effective date of award listed in page 1, Block 2 and ends on the period of performance end date that is listed in Page 1, Block 6.

(b) In this agreement, “period of performance” is used as defined at 2 C.F.R. 200.1.

ARTICLE 11

STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES

11.1 Notification Requirement. The Recipient shall notify all USDOT representatives who are identified in section 4.3 in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Recipient’s plan to complete the Project. In that notification, the Recipient shall describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. This notification requirement under this section 11.1 is separate from any requirements under this article 11 that the Recipient request amendment of this agreement.

11.2 Statement of Work Changes. If the Project’s activities differ from the statement of work that is described in section 3.1 and Attachment B, then the Recipient shall request an amendment of this agreement to update section 3.1.

11.3 Schedule Changes. If one or more of the following conditions are satisfied, then the Recipient shall request an amendment of this agreement to update the relevant date(s):

(1) a substantial completion date for the Project or a component of the Project that is listed in section 3.2 and the Recipient’s estimate for that milestone changes to a date that is more than six months after the date listed in section 3.2; or

(2) a schedule change would require the period of performance to continue after the period of performance end date listed on Page 1, Block 6 (i.e., for projects with multiple phases, changes to the base phase budget period end date for projects with two phases, or changes to base or secondary phase budget period end dates for projects with three phases, etc., will not trigger notification/modification requirements).

For other schedule changes, the Recipient shall request an amendment of this agreement unless the USDOT has consented, in writing consistent with applicable requirements, to the change.

11.4 Budget Changes.

(a) The Recipient acknowledges that if the cost of completing the Project increases:

(1) that increase does not affect the Recipient’s…