A meeting of the Manatee County Port Authority will be held during a meeting of the Board of County Commissioners of Manatee County Tuesday, December 15, 2020, at 9:00 am, or as soon as is practicable, in the Longboat Key Room of the Bradenton Area Convention Center, One Haben Boulevard, Palmetto, FL


image

MANATEE COUNTY PORT AUTHORITY AGENDA

December 15, 2020 – 9:00 am


The Manatee County Port Authority may take action on any matter during this meeting, including those items set forth within this agenda. The chairperson, at the option of the chairperson, may take business out of order if the chairperson determines that such a change in the agenda’s schedule will expedite the business of the Port Authority.


CALL TO ORDER

Public Comments


  1. Consent Agenda


  2. Railroad Rehab Contract Award


  3. Additions, Changes and/or Increases to Port Manatee Tariff No. 3


Executive Director Comments Public Comments Commissioner Comments

According to Section 286.0105, Florida Statutes, any person desiring to appeal any decision made by the Port Authority with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is to be based.


Reggie Bellamy, Interim Chairman Vanessa Baugh, Member; George Kruse, Member; James Satcher, Member; Misty Servia, Member

Kevin Van Ostenbridge, Member; Carol Whitmore, Member

December 15, 2020


  1. CONSENT AGENDA


    1. Warrant List


    2. Minutes November 19, 2020


    3. Budget Resolution


    4. U.S. Department of Transportation Federal Railroad Administration Grant


    5. Alpico International Lease Amendment #7


    6. Flores Construction Change Order No. 11


RECOMMENDATION:


Move to approve the Consent Agenda incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda items.

Manatee County Port Authority Warrant (Check) Listing

11/12/2020 to 12/06/2020


AP

XXXXXXX

V019302

ABBOTT, PAUL SCOTT

937.50

AP

XXXXXXX

V023321

AMERICAN EXPRESS TRAVEL RELATE

82.14

AP

XXXXXXX

V109681

AMERICAN ROLL UP DOOR CO

19,846.99

AP

XXXXXXX

V025322

ANGELOS RECYCLED MATERIALS

1,225.02

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

348.65

AP

XXXXXXX

V023254

ARCPOINT LABS OF SARASOTA

80.00

AP

XXXXXXX

V013140

AT AND T MOBILITY

48.17

AP

XXXXXXX

V023501

AT AND T TELECONFERENCE SERVIC

136.16

AP

XXXXXXX

V004571

BATTERY USA INC

81.50

AP

XXXXXXX

V173007

BRADENTON FUEL OIL INC

362.18

AP

XXXXXXX

V009839

BRYANT MILLER AND OLIVE PA

5,761.00

AP

XXXXXXX

P000029

CARRILLO-GUERRA, JDOLORES

130.00

AP

XXXXXXX

V021377

CINTAS CORPORATION

442.82

AP

XXXXXXX

V027465

CRISDEL GROUP INC

207,450.00

AP

XXXXXXX

V006291

DEX IMAGING INC

197.89

AP

XXXXXXX

V282890

DISCOUNT LOCK AND KEY INC

216.00

AP

XXXXXXX

V022096

ENTECH

395.00

AP

XXXXXXX

V027709

ESCUELAS HERMANAS

500.00

AP

XXXXXXX

V323190

FASTENAL COMPANY

129.56

AP

XXXXXXX

V017457

FL DEPT OF ECONOMIC OPPORTUNIT

175.00

ZP

XXXXXXX

L333009

FLEET PRODUCTS

412.79

ZP

XXXXXXX

L333009

FLEET PRODUCTS

637.29

AP

XXXXXXX

V016922

FLORIDA SEAPORTS COUNCIL INC

33,000.00

AP

XXXXXXX

V021937

FRONTIER COMMUNICATIONS OF FLO

1,301.59

AP

XXXXXXX

V027688

FUEL MEISTERS

402.50

AP

XXXXXXX

V027688

FUEL MEISTERS

852.50

AP

XXXXXXX

V385628

GRAINGER INC, W W

388.05

AP

XXXXXXX

V007986

GREATER TAMPA BAY MARINE ADVIS

833.33

AP

XXXXXXX

V011880

HAJOCA CORPORATION

372.36

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

183.67

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

342.72

AP

XXXXXXX

V896015

INTERISK CORPORATION

187.50

AP

XXXXXXX

V027228

JENNI AND GUYS

60.00

WT

XXXXXXX

V026038

JOCELYN HONG AND ASSOCIATES

5,000.00

AP

XXXXXXX

P000253

JONES, BRENDA L

75.66

AP

XXXXXXX

V024291

MACKAY COMMUNICATIONS INC

168.05

AP

XXXXXXX

V627024

MANATEE COUNTY TAX COLLECTOR

12,031.50

AP

XXXXXXX

V021692

MANATEE RIVERSIDE ROTARY CLUB

125.00

AP

XXXXXXX

V026617

MIDCOAST CONSTRUCTION ENTERPRI

474,174.36

AP

XXXXXXX

P000008

NEAL, CLYDE

130.00

AP

XXXXXXX

V027384

NORTH RIVER SMALL ENGINE LLC

59.32

AP

XXXXXXX

V701905

OFFICE DEPOT INC

774.51

AP

XXXXXXX

V706455

ORKIN PEST CONTROL

1,269.73

AP

XXXXXXX

V748180

PUBLIX SUPER MARKET

276.48

AP

XXXXXXX

V019469

RAILINC CORPORATION

130.00

AP

XXXXXXX

V027409

RAMBA LAW GROUP LLC

3,500.00

Manatee County Port Authority Warrant (Check) Listing

11/12/2020 to 12/06/2020


AP

XXXXXXX

V026821

RANGER CONSTRUCTION INDUSTRIES

72,681.33

AP

XXXXXXX

V002070

SPECTRUM UNDERGROUND INCORPORA

84,409.83

WT

XXXXXXX

V874841

STATE OF FLA DEPT OF REVENUE

10,826.65

AP

XXXXXXX

V875019

STATE OF FLORIDA

1,653.69

AP

XXXXXXX

V923227

TROPHY AND SPORTS WORLD

240.00

AP

XXXXXXX

P000214

TUNNEY, JOHN J

61.75

AP

XXXXXXX

V009667

VERIZON WIRELESS

1,206.53

AP

XXXXXXX

V009667

VERIZON WIRELESS

244.50

AP

XXXXXXX

V021915

WEBTIVITY MARKETING AND DESIGN

65.00

AP

XXXXXXX

V019987

WIMAUMA AUTO PARTS INC

44.11


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Total warrants (checks) for period reported 946,667.88

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Present were:

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

BRADENTON AREA CONVENTION CENTER, NORTH CENTER HALL

One Haben Boulevard Palmetto, Florida November 19, 2020

Reggie Bellamy, First Vice-Chairman Misty Servia, Second Vice-Chairman Vanessa Baugh

George W. Kruse James Satcher

Kevin Van Ostenbridge Carol Whitmore

Also present were:

Carlos Buqueras, Executive Director Jennifer R. Cowan, Port Authority Attorney

Julie Jensvold, Accountant, Clerk of the Circuit Court

Vicki Tessmer, Board Records Supervisor, Clerk of the Circuit Court

image Chairman Bellamy called the meeting to order at 9:00 a.m.

The invocation was led by Commissioner Satcher, followed by the Pledge of Allegiance.

PUBLIC COMMENTS

image There being no public comment, Chairman Bellamy closed public comment.

AGENDA PA20201119DOC001

Carlos Buqueras, Executive Director, welcomed new Members to the Port Authority, and noted the expanse of the Port, serves several Florida counties with essential products. The Port never closed during Hurricane Eta, and landside remains open at all times. Port Manatee is a fuel port and fuel continued to be delivered before, during and after the storm.


CONSENT AGENDA PA20201119DOC002

  1. A motion was made by Member Whitmore, seconded by Commissioner Baugh, and carried 7 to 0, to approve the Consent Agenda incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda.

    1. WARRANT LIST

      Accepted Warrant Listing from October 19, 2020 to November 11, 2020

      PA20201119DOC003

    2. MINUTES

      Approved the Minutes of October 27, 2020

    3. ARROW TERMINALS CARGO AND FRIEGHT VOLUME

      Executed the Port Manatee Cargo and Freight Volume Agreement Amendment Five with Arrow Terminals extending the agreement through 2025 with negotiated rates for additional years PA20201119DOC004

    4. LEGAL SERVICES AGREEMENT

      Executed First Amendment to the Port Manatee Legal Services Agreement with Bryant Miller Olive, P.A., adding disclosure counsel services as well as compensation for services in connection with indebtedness PA20201119DOC05

      NOVEMBER 19, 2019 (Continued)


    5. PORT ASSETS

      Removed assets as listed on the attached Asset Deletion, November 19, 2020 from the Fixed Asset Listing PA20201119DOC006

    6. CERTIFICATION OF SHORT-LISTED OFFERORS FOR THE SOUTH GATE EXPANSION Certified the qualifications of the top three firms and teams of firms (Haskell Company, Ajax Paving Industries of Florida and Halfacre Construction Company) for the South Gate Expansion Progressive Design-Build project and approve the ranking as recommended by the Evaluation Committee and authorize negotiation of the design- build contract to be brought back to the Port Authority for approval PA20201119DOC007

      (End Consent Agenda)

  2. CAPITAL EQUIPMENT

    image Carlos Buqueras, Executive Director, introduced the item.

    Motion was made by Commissioner Whitmore, seconded by Commissioner Servia, and carried 7-0, to Issue a purchase order to Alamo Industrial in the amount of $135,157, under State Contract number FSA20-EQU18.0 for the purchase of a John Deere boom tractor with rotary cutting head. PA20201119DOC008

  3. WAREHOUSE 6 – DEL MONTE FRESH PRODUCE

    image Carlos Buqueras, Executive Director, explained Del Monte has been at the Port for over 20 years, and they wish to expand their refrigeration capacity. Del Monte’s newest container ship is coming in Saturday, November 21, and there will be a ceremony at noon.

    image Chairman Bellamy will attend the ceremony.

    Discussion ensued regarding Del Monte has not experienced delays with Central American shipments, due to storms.


    A motion was made by Member Baugh, seconded by Member Whitmore and carried 7-0, to execute the Warehouse 6 Modernization Agreement with Del Monte Fresh Produce, N.A., Inc., total cost $2,250,000; $1,000,000, Port share; $1,250,000 Del Monte Fresh Produce share.

    PA20201119DOC009

  4. STATE OF THE PORT

image Carlos Buqueras, Port Executive Director, provided the State of the Port, Year in Review presentation with slides and a video. The Port celebrated its 50th Anniversary. Port Manatee is a major economic driver for Manatee County and Southwest Florida and is Tampa Bay’s first port of call. The Port is a key driver of the food and fuel supply chain and serves as a gateway for international trade. Manufacturing companies utilize the Port, and the International Trade Hub is a vital link between markets in Southwest Florida and throughout the world.


image Mr. Buqueras continued the presentation to address the Port’s response to COVID-19, increased revenues, year-to-date tonnage, a surging container trade, planned Capital Improvements including expanding the container yard and the North Gate, road repaving, increasing cargo handling capacity, and maintenance dredging.


image Dave Sanford, Deputy Executive Director, addressed federal funding to assist with dredging and other projects.

NOVEMBER 19, 2019 (Continued)


image Discussion ensued regarding the Port’s business model, and the return on the dollar the Port provides, the Port is proactive in seeking tenants, zero turnover at the Port, there was a dip in business due to COVID-19, but business is picking up, and ensure no, one customer exceeds 10 percent of the revenue.


image Denise Stuffelbeam, Director of Business Administration and Finance, explained October revenues were up.


Discussion continued regarding the International Trade Hub, and there is an office at the Port, investing in expanding utilities to nearby properties and present at the next Port Authority meeting, what are the next steps for the port, and the Port is supported by user fees not public funds.


image Mr. Buqueras provided his background and listed languages he speaks, which helps with international trade and vendors at the Port.


image Discussion continued regarding an infrastructure study completed on property near the Port, there approximately 10 working ports in Florida, always opportunity for stevedores, and Hillsborough County residents pay an annual tax to support Port Tampa Bay,


image Upon question, Mr. Buqueras referenced the North County study conducted by the regarding growth around the Port. The County is aware of the need for infrastructure to properties surrounding the Port.


image Discussion continued regarding investing money in infrastructure to bring in more business, Amazon did no come to Manatee County due to infrastructure needs, the market will indicate what will happen with property, and there are few zoning restrictions on property surrounding the Port. PA20201119DOC010

There being no public comment, Chairman Bellamy closed public comment.

MEMBER COMMENTS

Member Whitmore

ADJOURN

There being no further business, Chairman Bellamy adjourned the meeting at 10:14 a.m.

Minutes Approved:

December 15, 2020


CONSENT

AGENDA ITEM 1.C: BUDGET RESOLUTION BACKGROUND:

This resolution budgets the Railroad Upgrade and Improvements Project Phases I and II funded by the U.S. Department of Transportation Consolidated Rail Infrastructure and Safety Improvements (CRISI) grant in the amount of $907,787. The match requirement was previously budgeted with FDOT proceeds and port cash. Due to the federal and state grant funding, $149,387 of port cash will be transferred back to reserves.


ATTACHMENT:


Budget Resolution PA-21-03.


COST AND FUNDING SOURCE:


Budgets $907,787 of CRISI grant funding and $149,387 of port cash budgeted for the project is transferred to reserves.


CONSEQUENCES IF DEFERRED:


Delay in budget allocations.


LEGAL COUNSEL REVIEW: N/A


RECOMMENDATION:


Move to adopt Budget Resolution PA-21-03.

RESOLUTION PA-21-03 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2020-2021


WHEREAS, Florida Statutes 129.06, authorizes the Manatee County Port Authority to amend its budget for the current fiscal year as follows:


  1. Appropriations for expenditures in any fund may be decreased and other appropriations in the same fund correspondingly increased, provided the total appropriations of the fund are not changed.


  2. Appropriations from reserves may be made to increase the appropriation for any particular expense in the same fund, or to create an appropriation in the fund for any lawful purpose.


  3. Unanticipated revenues, including increased receipts for enterprise or propriety funds, may be appropriated for their intended purpose, and may be transferred between funds to properly account for the unanticipated revenue.


    NOW, THEREFORE, BE IT RESOLVED by the Manatee County Port Authority that the 2020-2021 budget is hereby amended in accordance with Section 129.06, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:


    Item No.

    Batch ID No.

    Reference No.

    1

    BAAL111920A

    BU21000120


    ADOPTED with a quorum present and voting this the 15th day of December, 2020.


    ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

    CLERK OF CIRCUIT COURT


    image

    By:

    BUDGET ADMENDMENT RESOLUTION NO. PA-21-03 AGENDA DATE: December 15, 2020


    1. Fund: Port cash Fund: CRISI grant


Section: Railroad Upgrade and Improvements Phase I and II project.


Description: Budgets $907,787 for the CRISI grant and tranfers $149,387 of Port cash back to reserves. This project will remedy some capacity issues, adding in 11 railcars worth of usable space as well as repair defective track structures at Port Manatee.


Batch ID: BAAL111920A Reference: BU21000120

December 15, 2020


CONSENT

AGENDA ITEM 1.D: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL RAILROAD ADMINISTRATION GRANT


BACKGROUND:


The U.S. Department of Transportation has awarded the Authority $907,787 (or 67% of project costs) for the rehabilitation of the Port’s railroad tracks. An agreement with FDOT was previously approved on the railroad project in the amount of $327,235 and will be applied toward the match. The balance is the Port’s obligation in the amount of $125,512 (or 9%) of total project costs. The accepted agreement is presented to enter into the records.


ATTACHMENT:


Agreement No. 69A36521402390CRSFL


COST AND FUNDING SOURCE:


U.S. Department of Transportation grant funding of $907,787; FDOT grant funding of

$327,235 and $151,680 from port cash


CONSEQUENCES IF DEFERRED:


Delay in entering agreement into record


LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:


Move to accept into the record Agreement Number 69A36521402390CRSFL from U.S. Department of Transportation Federal Railroad Administration for rehabilitation of the Port’s railroad tracks.


image

Federal Railroad Administration


Grant Agreement

1. RECIPIENT NAME AND ADDRESS

Manatee County Port Authority 300 Tampa Bay Way Ste 1

Palmetto, FL 34221-6603


2. AGREEMENT NUMBER: 69A36521402390CRSFL


3. AMENDMENT NO. 0

4. PROJECT PERFORMANCE PERIOD: FROM 10/01/2020 TO 10/31/2022

5. FEDERAL FUNDING PERIOD: FROM 10/01/2020 TO 10/31/2022

1A. IRS/VENDOR NO. 596000727

6. ACTION New

1B. DUNS NO. 019737399

7. CFDA#: 20.325

TITLE

FEDERAL

NON-FEDERAL

TOTAL

8. PROJECT TITLE

Port Manatee Railroad Track Rehabilitation

9. PREVIOUS AGREEMENTS

0.00

0.00

0.00

10. THIS AGREEMENT

907,787.00

452,747.00

1,360,534.00

11. TOTAL AGREEMENT

907,787.00

452,747.00

1,360,534.00

12. INCORPORATED ATTACHMENTS

THIS AGREEMENT INCLUDES THE FOLLOWING ATTACHMENTS, INCORPORATED HEREIN AND MADE A PART HEREOF:


Standard Terms and Conditions, Attachment 1; Consolidated Rail Infrastructure and Safety Improvements Clauses, Attachment 1A; Statement of Work, Attachment 2; Deliverables and Approved Project Schedule, Attachment 3; Approved Project Budget, Attachment 4; Performance Measurements, Attachment 5

13. STATUTORY AUTHORITY FOR GRANT/ COOPERATIVE AGREEMENT

Consolidated Appropriations Act, 2019, Public Law No. 116-6 (February 15, 2019)

14. REMARKS

GRANTEE ACCEPTANCE

AGENCY APPROVAL

15. NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL

Ms. Denise Stufflebeam

Senior Director of Business Administration & Financ

17. NAME AND TITLE OF AUTHORIZED FRA OFFICIAL

Jamie Rennert

Director, Office of Railroad Policy & Development

16. SIGNATURE OF AUTHORIZED GRANTEE OFFICIAL


Electronically Signed

16A. DATE


11/25/2020

18. SIGNATURE OF AUTHORIZED FRA OFFICIAL


Electronically Signed

18A. DATE


11/25/2020

AGENCY USE ONLY

19. OBJECT CLASS CODE: 41010

20. ORGANIZATION CODE: 9010000000

21. ACCOUNTING CLASSIFICATION CODES

DOCUMENT NUMBER FUND BY BPAC AMOUNT

FR-CRS-0063-21-01-00 27X2811019 2021 10030142AA 907,787.00

09/01/2008

09/01/2008

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image

Page 1

AWARD ATTACHMENTS

Manatee County Port Authority 69A36521402390CRSFL

image

  1. Standard Terms and Conditions, Attachment 1

  2. Consolidated Rail Infrastructure and Safety Improvements Clauses, 1A

  3. Statement of Work, Attachment 2

  4. Deliverables and Approved Project Schedule, Attachment 3

  5. Approved Project Budget, Attachment 4

  6. Performance Measurements, Attachment 5


    DEPARTMENT OF TRANSPORTATION FEDERAL RAILROAD ADMINISTRATION


    Grant Agreement – Attachment 1 STANDARD TERMS AND CONDITIONS


    November 2020

    PART I. ATTACHMENT OVERVIEW AND DEFINITIONS


    Attachment 1 is part of the Agreement and contains the standard terms and conditions governing the execution of the Project and the administration of the Agreement. By entering into this Agreement with the Federal Railroad Administration (FRA), the Grantee agrees to comply with these terms and conditions and all applicable Federal laws and regulations, including those discussed in this Agreement. Terms that appear frequently throughout the Agreement are defined, as follows:


    1. Agreement means this Grant Agreement, including all attachments and amendments. As used on the Agreement cover sheet, section 9 “Previous Agreements” refers to the amount of the original Agreement, together with, if applicable, all amounts from amendments to the Agreement that precede the current amendment. As used on the Agreement cover sheet, section 10 “This Agreement” refers to the amount being added or subtracted with the current amendment, if applicable, or the original Agreement. As used on the Agreement cover sheet, and section 11 “Total Agreement” refers to the combined amounts of Section 9 “Previous Agreements” and Section 10 “This Agreement”.


    2. Application means the signed and dated application submitted by or on behalf of the Grantee, as may be amended, seeking Federal financial assistance for the Project, together with all explanatory, supporting, and supplementary documents, assurances and certifications filed with and accepted by FRA or DOT.


    3. Approved Project Budget is in Attachment 4 to this Agreement and means the most recently dated written statement, approved in writing by FRA, of the estimated total cost of the Project.


    4. Approved Project Schedule is in Attachment 3 to this Agreement.


    5. Authorized Representative means the person(s) at FRA or the Grantee who is able and approved to communicate on behalf of the organization, perform the referenced action, or commit the organization to the referenced action, pursuant to the organization’s internal policies, procedures, or reporting structure.


    6. DOT means the United States Department of Transportation, including its operating administrations.


    7. Effective Date means the earlier of the federal award date and the beginning of the Project Performance Period.


    8. Federal Contribution means the amounts obligated, whether paid or not, by FRA to the Grantee under this Agreement as shown in the “Federal” column in sections 9, 10 and 11 of the Agreement cover sheet.


    9. Federal Funding Period means the period that FRA provides funds under this Agreement as shown in section 5 of the Agreement cover sheet.

    10. Federal Government means the United States of America and any executive department or agency thereof.


    11. Federal Railroad Administration or FRA is an operating administration of the DOT and the Federal Awarding Agency for this Agreement.


    12. Grantee means the entity identified on the Agreement cover sheet that receives Federal grant assistance directly from FRA for the accomplishment of the Project referenced in this Agreement.


    13. Grant as used in this Agreement means funding awarded through a grant agreement as well as funding awarded through a cooperative agreement as each of those terms is defined in 2 C.F.R. Part 200.


    14. Non-Federal Contribution means any amount, as shown under the “Non-Federal” column in sections 9, 10 and 11 of the Agreement cover sheet, including matching funds as used in 2 C.F.R. Part 200, not funded by FRA under this Agreement, regardless of whether the source of any or all of such contribution is a Federal source.


    15. Pre-Agreement Costs means “pre-award costs,” as that term is defined in 2 C.F.R. § 200.458.


    16. Project means the task or set of tasks set forth in the Statement of Work.


    17. Project Performance Period means “period of performance” as defined in 2 C.F.R. § 200.1 and described in 2 C.F.R. § 200.309, and is shown in section 4 of the Agreement cover sheet.


    18. Statement of Work means a detailed description of the work the Grantee will complete with the grant funding from this Agreement, and appears in Attachment 2 to this Agreement.


    19. Total Federal Assistance means the combined total of the Federal Contribution and the portion, if any, of the Non-Federal Contribution that is from a Federal source.


      Additional definitions are found in 2 C.F.R. § 200.1, and these definitions are incorporated herein by reference and made a part hereof. These definitions incorporated herein are not capitalized in this Agreement.

      PART II. GENERAL TERMS AND CONDITIONS


      1. Grant Agreement:


        This Agreement constitutes the entire agreement between the Grantee and FRA. All prior discussions and understandings concerning such scope and subject matter are superseded by this Agreement. This Agreement is governed by and subject to 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and DOT’s implementing regulations at 2 C.F.R. Part 1201.


      2. FRA Role:


        This Agreement is between FRA and the Grantee. FRA is responsible for funding disbursements to the Grantee under this Agreement. FRA will also conduct oversight and monitoring activities to assess Grantee progress against established performance goals and the Statement of Work, as well as to assess compliance with terms and conditions and other requirements of this Agreement.


        If this award is made as a Cooperative Agreement, FRA will have substantial programmatic involvement. Substantial involvement means that, after award, technical, administrative, or programmatic staff will assist, guide, coordinate, or otherwise participate with the Grantee in Project activities.


        FRA may provide professional staff to review work in progress, completed products, and to provide or facilitate access to technical assistance when it is available, feasible, and appropriate, which may include the following:


        1. Financial Analyst. The Financial Analyst will serve as the Grantee’s point of contact for systems (e.g., GrantSolutions and the Delphi eInvoicing System) access and troubleshooting as well as for financial monitoring. The Financial Analyst is not authorized to unilaterally change the Statement of Work, make any changes which affect this Agreement’s monetary amount, the delivery schedule, Project Performance Period or other terms or conditions.


        2. Grant Manager. The Grant Manager will serve as the Grantee’s point of contact for grant administration and will oversee compliance with the terms and conditions in this Agreement. The Grant Manager reviews financial reports, performance reports, and works with the Regional Manager to facilitate effective Project delivery. The Grant Manager is not authorized to unilaterally change the Statement of Work, make any changes which affect this Agreement’s monetary amount, Project Performance Period, or other terms and conditions.


        3. Regional Manager. The Regional Manager will be the Grantee’s point of contact for the technical aspects of Project delivery. The Regional Manager coordinates Project deliverable review, evaluates Grantee technical assistance needs, and generally assesses Project progress and performance. The Regional Manager is not authorized to unilaterally change the Statement of Work, make any changes which affect this

          Agreement’s monetary amount, Project Performance Period, or other terms and conditions.


        4. Contact Information. FRA strongly prefers electronic submission of most documents (instructions for electronic submission are included under various requirements outlined in Part II of this attachment). If the Grantee must mail documentation, that documentation should be delivered to the Grant Manager at:


          Federal Railroad Administration

          Office of Railroad Policy and Development Mail Stop 20

          1200 New Jersey, SE Washington, DC 20590

          ATTN: (ASSIGNED GRANT MANAGER)


      3. Grantee Responsibility and Authority:


        The Grantee affirms that it had and has, as applicable, the legal authority to apply for the Grant, to enter into this Agreement, and to finance and carry out the proposed Project. The Grantee further affirms that any required resolution, motion or similar action has been duly adopted or passed as an official act authorizing the filing of the Application, where applicable, including all understandings and assurances contained therein, and the entering into of this Agreement. The Grantee will not take or permit any action that would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Agreement without the written approval of the FRA, and will act promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with such performance by the Grantee. The Grantee agrees that this will be done in a manner acceptable to the FRA.


      4. Project Scope, Schedule, and Budget:


        The Grantee agrees to carry out, complete and ensure the use of the Project in a sound, economical, and efficient manner, and in accordance with the provisions of this Agreement, including the Approved Project Budget, the Statement of Work, the Approved Project Schedule, grant guidance, the Application as applicable, and all applicable laws, regulations, and published policies.


        1. Scope. The Grantee will furnish all personnel, facilities, equipment, and other materials and services, except as otherwise specified herein, that are necessary to complete the approved Project, in accordance with the representations, certifications and assurances set forth in the Grantee’s Applications(s) as applicable, and any amendments thereto, incorporated herein by reference and made a part hereof.


        2. Schedule. The Grantee will complete this Project, as documented in the Statement of Work, within the Project Performance Period. Schedule and Project Performance

          Period extension requests may be permitted, at the discretion of the FRA, subject to applicable law. The Grantee should request such an extension no later than 90 days prior to the Project Performance Period end date.


        3. Budget. The Grantee will complete the Project within the funding limits and parameters specified on the Agreement cover sheet and the Statement of Work.


          1. Project Costs and Funding Contributions. The Federal Contribution, Non-Federal Contribution and total estimated Project costs toward this Project are documented in sections 9, 10 and 11 of the Agreement cover sheet and may not be changed without a written request and justification from the Grantee, written approval from FRA, and an amendment or closeout to the Agreement. FRA will fund the Project at the lesser of the Federal Contribution or the Federal Contribution percentage of total Project costs, as reflected in sections 9, 10 and 11 of the Agreement cover sheet and the Statement of Work.


          2. Non-Federal Contribution. The Grantee is responsible for completing the Project, including providing the Non-Federal Contribution and any other funds necessary for completing the Project. The Grantee affirms that it will complete all actions necessary to provide the Non-Federal Contribution at or before the time that such funds are needed to meet Project expenses. The Grantee also affirms that it has sufficient funds available to assure operation and maintenance of items funded under this Agreement that it will own or control.


          3. Project Budget Detail. The Grantee agrees to carry out the Project according to the Approved Project Budget. The Grantee agrees to obtain the prior written approval from FRA for any revisions to this Approved Project Budget that equal or cumulatively exceed 10 percent of any budget line item (or pertain to a cost category involving contingency or miscellaneous costs), or amount to a reallocation of 10 percent or more of the total Approved Project Budget across cost categories.


        4. Property and Equipment.


          1. The Grantee will operate the property and equipment funded with this Agreement for the originally authorized purpose.


          2. If the Grantee is not the entity operating the property and/or equipment funded with this Agreement, then the Grantee represents that it will ensure the property and equipment funded with this Agreement will be used for the originally authorized purpose, if necessary, through appropriate arrangements with:


            1. The entity or entities operating the property and/or equipment funded with this Agreement; and

            2. If applicable, the owner of right-of-way used by the property and/or equipment funded with this Agreement.


        5. Pre-Agreement Costs. Grantee may request approval of Pre-Agreement costs incurred after the date of selection. Such a request must demonstrate the purpose and amount of the costs, and whether such costs serve as cost-sharing or matching funds. If FRA approves Pre-Agreement Costs, within the constraints described in the Statement of Work, the Grantee may seek reimbursement for these costs on or after the start of the Federal Funding Period specified on the Agreement cover sheet. Such costs are allowable for reimbursement only to the extent that they are otherwise allowable under the terms of this Agreement, and are consistent with 2 C.F.R. § 200.458.


      5. Grant Amendments:


        Other than close-out, modifications to this Agreement may be made only in writing, signed by an Authorized Representative for FRA and the Grantee, and specifically referred to as an amendment to this Agreement.


      6. Flow Down Provisions:


        The Grantee will ensure persons or entities that perform any part of the work under this Agreement, including subrecipients or Contractors, each as defined in 2 C.F.R. § 200.1, will comply with applicable federal requirements and federal guidance, and the applicable requirements of this Agreement. Grantee agrees that flowing down such requirements does not relieve it of any obligation to comply with the requirements itself.


        For each of the Grantee’s subawards or contracts to perform all or part of the work under this Agreement:


        1. The Grantee must include applicable grant regulations in the subaward or contract and ensure compliance with these provisions, including applicable provisions of 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and DOT’s implementing regulations at 2 C.F.R. Part 1201 See 2

          C.F.R. § 200.101.


        2. The Grantee must include applicable federal statutory and regulatory requirements in the subaward or contract and ensure compliance with these requirements, including applicable limitations on use of federal funds.


        3. The Grantee must include any other applicable requirements of this Agreement in the subaward or contract and ensure compliance with these requirements.


        4. There will be provisions for the further flow down of the regulations and requirements in subsections (A) and (B) of this section to each subsequent subaward or subcontract, as required.

      7. Successors and Assigns:


        The Grantee is not authorized to assign this Agreement without FRA’s express prior written consent.


      8. Execution:


        This Agreement may be executed by the Grantee and FRA in separate counterparts, each of which when so executed and delivered will be deemed an original.


      9. Changed Conditions of Performance (Including Litigation):


        The Grantee agrees to immediately notify FRA, in a written statement to the FRA Grant Manager, of any change in local law, conditions, or any other event that may affect its ability to perform the Project in accordance with the terms of this Agreement. In addition, the Grantee agrees to immediately notify the FRA Grant Manager of any decision pertaining to the Grantee's conduct of litigation that may affect FRA's interests in the Project or FRA's administration or enforcement of applicable federal laws or regulations. Before the Grantee may name FRA as a party to litigation for any reason, the Grantee agrees first to inform the FRA Grant Manager in writing; this proviso applies to any type of litigation whatsoever, in any forum.


      10. Severability:


        If any provision of this Agreement is held invalid, all remaining provisions of this Agreement will continue in full force and effect to the extent not inconsistent with such holding.


      11. Right of FRA to Terminate:


        1. The Grantee agrees that, upon written notice, FRA may suspend and/or terminate all or part of the Federal Contribution if:


          1. Grantee fails to meet or violates the terms, conditions and obligations specified under this Agreement;

          2. Grantee fails to make reasonable progress on the Project;

          3. Grantee fails to provide the Non-Federal Contribution;

          4. Grantee violates any other provision of this Agreement that significantly endangers substantial performance of the Project;

          5. FRA determines that the purposes of the statute(s) under which the Project is authorized or funded would not be adequately served by continuation of the Federal Contribution; or

          6. FRA determines that termination of this Agreement is in the public interest.


        2. In general, suspension and/or termination of any part of the Federal Contribution will not invalidate obligations properly incurred by the Grantee and concurred in by FRA

          before the termination date; to the extent those obligations cannot be canceled. However, FRA reserves the right to require the Grantee to refund the entire amount of the Federal Contribution provided under this Agreement or any lesser amount as may be determined by FRA in its sole discretion, if FRA determines that the Grantee has willfully misused the Federal Contribution, including by:


          1. Failing to make adequate progress

          2. Failing to make reasonable use of the Project property, facilities, or equipment, or

          3. Failing to adhere to the terms of this Agreement.


      12. Term


        This Agreement is in effect from the Effective Date until the end of the closeout period, regardless of whether FRA suspends or terminates all or part of the Federal Contribution provided herein. The expiration of any time period for performance or funding established for this Project does not, by itself, constitute an expiration or termination of this Agreement.


        The end of the closeout period of this Agreement does not affect continuing obligations under 2 C.F.R. Part 200, including those in 2 C.F.R. § 200.345. Any right or obligation of the parties in this Agreement or the closeout notification which, by its express terms or nature and context is intended to survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement.


        PART III. GRANT MANAGEMENT TERMS AND CONDITIONS


        Performance and Reporting Provisions


      13. Deliverables and Products:


        The Grantee will submit deliverables, including publications or other products, to FRA as stipulated in this Agreement. Substantive changes to the nature of the deliverables or significant timeline modifications require advanced written approval and may require an Amendment to this Agreement.


        The Grantee will submit deliverables that adhere to all applicable laws, regulations, and FRA guidance within the timeframes established. In some instances, as articulated in the Statement of Work, the Grantee may be required to submit deliverables and obtain approval from FRA prior to continuing all or a portion of the work on the Project. Accordingly, the Grantee must account for FRA deliverable review time when planning work or submissions.


        Whether for technical examination, administrative review, publication, or approval, all deliverable submissions will be of a professional quality and suitable for their intended purpose.

      14. Quarterly Progress Reports:


        The Grantee will submit one completed progress report quarterly (totaling four annually), in the form/format provided by FRA at http://www.fra.dot.gov/Page/P0274. For the duration of the Project Performance Period, the Grantee must report for the periods of: January 1 – March 31; April 1 – June 30; July 1 – September 30; and October 1 – December 31. The Grantee will furnish one copy of the completed progress report to the assigned FRA Grant Manager on or before the thirtieth (30th) calendar day of the month following the end of the quarter for which the report is submitted.


        The Grantee will complete the report in its entirety with the most accurate information available at the time of reporting. The Grantee must be able to support the information contained in its progress reports and ensure that the activities described in the report are commensurate with reimbursement requests and/or outlay figures reported for the quarter. This report will be consistent with 2 C.F.R. §§ 200.301 and 200.329.


      15. Quarterly Federal Financial Reports:


        The Grantee will submit the Federal Financial Report (Standard Form 425) on the same schedule as the required quarterly progress report (listed above). Reports should be submitted online through GrantSolutions. Reports will be submitted in accordance with the form’s instructions. The final SF-425 is due within 90 days after the end of the Project Performance Period, but may be submitted as soon as all outstanding expenditures have been completed. The Grantee must be able to support the information contained in its financial reports and will ensure that all data included in the reports is accurate and consistent.


      16. Interim and Final Performance Reports:


        If required by the Statement of Work, the Grantee will submit interim reports at the intervals specified in the Statement of Work. The Grantee must submit a Final Performance Report via email to the FRA Grant Manager when the Project(s) funded through this Agreement are completed. The Grantee must complete closeout activities and submit reports, no later than 120 days after the end of the Project Performance Period for this Agreement or the FRA termination date.


      17. Project Completion and Closeout:


        1. Final Documentation. As soon as the funded Project(s) are complete, the Grantee will submit a final SF-425, a final Progress Report, a final Performance Report, and a final payment request. Closeout activities by Grantee, including submission of the referenced documents, must be completed no later than 120 days after the end of the Project Performance Period for this Agreement or the FRA termination date.


        2. Excess Payments. If FRA has made payments to the Grantee in excess of the total amount of FRA funding due, the Grantee will promptly remit that excess and interest

          as may be required by section 20(f) of this Attachment.


        3. Closeout. Grantees should begin closeout procedures when their Project(s) is complete. The Project closeout period is complete when all of the following is complete: 1) the required Project work is complete; 2) all administrative procedures described in 2 C.F.R. Part 200 (all sections), as applicable, have been completed; and

          3) when FRA either notifies the Grantee of closeout or when FRA acknowledges the Grantee's remittance of a proper refund. Project closeout will not invalidate any continuing obligations imposed on the Grantee by this Agreement, including 2 C.F.R.

          § 200.345, or by the FRA's final notification or acknowledgment.


      18. Transparency Act Requirements—Reporting Subawards and Executive Compensation:


        The Grantee will comply with the provisions of the Federal Funding Transparency and Accountability Act of 2006 (Pub. L. 109-282) and 2 C.F.R. Part 170, incorporated herein by reference and made part hereof. For more information, visit https://www.fsrs.gov/.


      19. Recipient Integrity and Performance Matters

        1. General Reporting Requirement. If the total value of the Grantee’s currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the Project Performance Period, then the Grantee during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in subsection (b) of this section. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. § 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for federal procurement contracts, will be publicly available.


        2. Proceedings About Which the Grantee Must Report.


          Submit the information required about each proceeding that:


          1. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the federal government;


          2. Reached its final disposition during the most recent five-year period; and


          3. Is one of the following:


            • A criminal proceeding that resulted in a conviction, as defined in subsection

              (e) of this section;


            • A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;


            • An administrative proceeding, as defined in subsection (e) of this section, that resulted in a finding of fault and liability and the Grantee’s payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or


            • Any other criminal, civil, or administrative proceeding if:


              • It could have led to an outcome described in subsection (b)(3) of this section;


              • It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the Grantee’s part; and


              • The requirement in this section to disclose information about the proceeding does not conflict with applicable laws and regulations.


        3. Reporting Procedures. Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in section (b) of this section. The Grantee does not need to submit the same information a second time under assistance awards that the Grantee received if the Grantee already provided the information through SAM because the Grantee was required to do so under federal procurement contracts that the Grantee was awarded.


        4. Reporting Frequency. During any period of time when the Grantee is subject to the requirement in subsection (a) of this section, the Grantee must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that the Grantee has not reported previously or affirm that there is no new information to report. Recipients that have federal contract, grant and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.


        5. Definitions. For purposes of this section:


          1. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the federal and state level but only in connection with performance of a federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.


          2. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.


          3. Total value of currently active grants, cooperative agreements, and procurement contracts includes—


            • Only the federal share of the funding under any federal award with a Grantee; and


            • The value of all expected funding increments under a federal award and options, even if not yet exercised.


            Financial Management Provisions

      20. Payments:


        1. Request by the Grantee for Payment. The Grantee's request for payment of the Federal Contribution of allowable costs will be made to FRA and will be acted upon by FRA as set forth in this section. For states, payments are governed by Treasury/State CMIA agreements, and default procedures codified at 31 C.F.R. Part 205 “Rules and Procedures for Efficient Federal-State Funds Transfers” and TFM 4A-2000 Overall Disbursing Rules for All Federal Agencies. Non-states must comply with the provisions of 2 C.F.R. §200.305(b). To receive a Federal Contribution payment, the Grantee must:


          1. Demonstrate or certify that it has made a binding commitment of the Non-Federal Contribution, if applicable, adequate when combined with the Federal Contribution, to cover all costs to be incurred under the Project as of the date of the request. A Grantee required by federal statute or this Agreement to provide Non-Federal Contribution for the Project agrees:


            1. to refrain from requesting or obtaining any Federal Contribution that is more than the amount justified by the Non-Federal Contribution that has been provided; and


            2. to refrain from taking any action that would cause the proportion of the Federal Contribution at any time to exceed the percentages authorized under this Agreement. The phasing or expenditure rate of the Non- Federal Contribution may be temporarily adjusted only to the extent expressly provided in writing by an Authorized Representative of FRA.

          2. Submit to FRA all financial and progress reports required to date under this Agreement; and

          3. Identify the funding source(s) provided under this Project, if applicable, from which the payment is to be derived.


        2. Reimbursement Payment by FRA. Unless otherwise approved by FRA, FRA will disburse funds to the Grantee on a reimbursable basis, whereby the Grantee will be reimbursed for actual expenses incurred and paid, after the submission of complete and accurate invoices and payment records. The Grantee’s request for payment will be made to FRA through the Department of Transportation’s Delphi eInvoicing System and will be acted upon as set forth in this section.


          1. Delphi eInvoicing System first-time users must obtain access to the System by contacting the Financial Analyst. Additional information on the System can be found at www.dot.gov/cfo/delphi-einvoicing-system.html.


          2. Upon receipt of a payment request and adequate accompanying information (invoices in accordance with applicable cost principles), FRA will authorize payment by direct deposit, provided the Grantee: (i) is complying with its obligations under this Agreement; (ii) has satisfied FRA that it needs the requested Federal Contribution for the period covered by the payment request (as identified on the Standard Form 270 Request for Advance or Reimbursement (SF- 270)); and (iii) is making adequate and timely progress toward Project completion. If all these circumstances are present, FRA may reimburse allowable costs incurred by the Grantee up to the maximum amount of the Federal Contribution.


            The Grantee agrees to give a written, five-day notice to the assigned FRA Grant Manager for any payment request totaling $50 million or more. Grantees should note that FRA is unable to process single payment requests greater than

            $99,999,999. The Grantee agrees to adhere to and impose upon its subrecipients all applicable foregoing "Reimbursement Payment by FRA" requirements of this Agreement.


            If the Grantee fails to adhere to the foregoing "Reimbursement Payment by FRA" requirements of this Agreement, FRA may withhold funding disbursements.


        3. Allowable Costs. FRA will reimburse the Grantee's expenditures, within the Federal Funding Period, only if they meet all of these requirements:


          1. Conform to the Project description, the Statement of Work, the Approved Project Budget, and all other terms of this Agreement;


          2. Be necessary in order to accomplish the Project;


          3. Be reasonable for the goods or services purchased;


          4. Be actual net costs to the Grantee (i.e., the price paid minus any applicable

            credits, refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred);


          5. Be incurred (and be for work performed) within the Project Performance Period, unless specific authorization from FRA to the contrary is received in writing;


          6. Unless permitted otherwise by federal statutes or regulation, conform to federal guidelines or regulations and federal cost principles, as set forth in 2

            C.F.R. Subpart E § 200.400 – 200.476.


          7. Be satisfactorily documented; and


          8. Be treated uniformly and consistently under accounting principles and procedures approved and prescribed by FRA for the Grantee, and those approved or prescribed by the Grantee for its subrecipients and contractors.


        4. Disallowed Costs. Disallowed costs include the following:


          1. Any Project costs incurred, activities undertaken, or work performed outside of the Project Performance Period, unless specifically authorized by FRA in writing, allowed by this Agreement, or otherwise permitted by federal law or regulation;

          2. Any costs incurred by the Grantee that are not included in the latest Approved Project Budget; and


          3. Any costs attributable to goods or services received under a contract or other arrangement that is required to be, but has not been, concurred in or approved in writing by FRA.


            The Grantee agrees that reimbursement of any cost under this section does not constitute a final FRA decision about the allowability of that cost and does not constitute a waiver of any violation by the Grantee of the terms of this Agreement. The Grantee understands that FRA will not make a final determination about the allowability of any cost until an audit of the Project has been completed. If FRA determines that the Grantee is not entitled to receive any part of the Federal Contribution requested, FRA will notify the Grantee stating the reasons therefor. Project closeout will not alter the Grantee's obligation to return any funds due to FRA as a result of later refunds, corrections, or other transactions. Project closeout will not alter FRA's right to disallow costs and recover funds on the basis of a later audit or other review. Unless prohibited by law, FRA may offset any Federal Contribution to be made available under this Agreement, as needed, to satisfy any outstanding monetary claims that the federal government may have against the Grantee.

            Exceptions pertaining to disallowed costs will be assessed based on their applicability, as set forth in the applicable federal cost principals or other written

            federal guidance.


        5. Bond Interest and Other Financing Costs. To the extent permitted in writing by FRA and consistent with 2 C.F.R. § 200.449, bond interest and other financing costs are allowable.

        6. Requirement to Remit Interest. The Grantee agrees that any interest earned by the Grantee on the Federal Contribution must be handled in accordance with 2

          C.F.R. §200.305, and remittance back to the federal government must be made in accordance with the provisions thereof.


      21. Accounting Procedures:


        1. Project Accounts. The Grantee will establish and maintain for the Project either a separate set of accounts or accounts within the framework of an established accounting system, in a manner consistent with 2 C.F.R. §§ 200.302, 200.303, and 200.305.


        2. Funds Received or Made Available for the Project. Grantees other than states will follow the provisions of 2 C.F.R. § 200.305(b) with respect to the use of banks and other institutions as depositories of any advance payments that may be received under this Agreement. States will follow the provisions of 2 C.F.R. §200.305(a).


        3. Documentation of Project Costs and program income. All costs charged to the Project, including any approved services contributed by the Grantee or others, will be supported by properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The Grantee will also maintain accurate records of all program income derived from Project implementation.


        4. Checks, Orders, and Vouchers. The Grantee will ensure that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project are clearly identified with a Grant Agreement number, readily accessible, and, to the extent feasible, kept separate from documents not pertaining to the Project.


      22. Program Income:


        The Grantee is encouraged to earn income to defray Project costs, where appropriate, and should work with the assigned FRA Grant Manager to determine how this income may be applied to the grant, in accordance with 2 C.F.R. § 200.307 and 2 C.F.R. § 1201.80. Program income not deducted from total allowable costs may be used only for the purposes and under the terms and conditions established in this Agreement. Records of program income should be maintained consistent with subsection 21(c) of this Agreement.

        Project Management Provisions


      23. Environmental Protection:


        1. Grantee Assistance. Grantees must comply with the governing laws and regulations referenced in section 44(c) of this Attachment and may also be required to assist with FRA’s compliance with applicable Federal laws, regulations, executive orders, and policies related to environmental review under the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., and its implementing regulations (40 C.F.R. Part 1500 et seq.); FRA's "Procedures for Considering Environmental Impacts" (45 Fed. Reg. 40854, June 16, 1980), as revised May 26, 1999, 64 Fed. Reg. 28545, and as updated in 78 FR 2713, January 14, 2013) or 23 C.F.R. Part 771, as applicable; Section 106 of the National Historic Preservation Act (NHPA) (54 U.S.C. § 300101 et seq.) and its implementing regulations (36 C.F.R. Part 800); Executive Order No. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations; Section 4(f) of the Department of Transportation Act of 1966 (49 U.S.C. § 303(c)), and its implementing regulations (23 C.F.R. Part 774). In providing such assistance, FRA may require that the Grantee conduct environmental and/or historic preservation analyses and to submit documentation to FRA.


        2. Timing of Grantee Action. The Grantee may not expend any of the funds provided in this Agreement on construction activities or other activities that represent an irretrievable commitment of resources to a particular course of action affecting the environment until FRA has provided the Grantee with a written notice authorizing the Grantee to proceed. See 23 C.F.R. 771.113(a).


        3. Minimization, Avoidance and Mitigation Measures. The Grantee must implement all measures to minimize, avoid, or mitigate adverse environmental impacts identified by FRA in the categorical exclusion, Finding of No Significant Impact, or Record of Decision for the Project. The Grantee must also implement any additional measures identified through all other environmental or historic preservation review processes conducted to support Project construction and operation (e.g., any commitments included in a Memorandum of Agreement executed pursuant to Section 106 of the NHPA).


        4. Revisions to Minimization, Avoidance or Mitigation Measures. The Grantee must provide FRA with written notice if it has not, or cannot, implement any of the minimization, avoidance or mitigation measures identified in subsection (c). Upon receiving such notice, FRA will provide the Grantee direction in writing, which may include substitute mitigation measures. FRA may also revise its categorical exclusion, Finding of No Significant Impact, or Record of Decision.

      24. Property, Equipment and Supplies:


        Unless otherwise approved by FRA, the following terms and conditions apply to property, equipment, and supplies funded under this Agreement:


        1. General Federal Requirements. The Grantee will comply with the property standards of 2 C.F.R. §§ 200.310 through 200.316, including any amendments thereto, and other applicable guidelines or regulations. Exceptions to the requirements must be specifically approved by FRA in writing. The Grantee will use Project real property, as defined in 2 C.F.R. § 200.1, in accordance with the Property Standards of 2 C.F.R. § 200.311. Notwithstanding 2 C.F.R. § 200.313, subrecipients of states will comply with 2 C.F.R. § 1201.313 with respect to the use, management and disposal of equipment acquired under this Agreement.

        2. Maintenance. The Grantee agrees to maintain the Project property and equipment in good operating order, and in accordance with any guidelines, directives, or regulations that FRA may issue.

        3. Records. The Grantee agrees to keep satisfactory records with regard to the use of the property, equipment, and supplies, and submit to FRA, upon request, such information as may be required to assure compliance with this section of this Agreement.

        4. Transfer of Project Property, Equipment or Supplies. The Grantee agrees that FRA may require the Grantee to transfer title to, or direct the disposition of, any property, equipment, or supplies financed with FRA assistance made available by this Agreement, as required by 2 C.F.R. §§ 200.311 – 200.316.

        5. Withdrawn Property, Equipment or Supplies. If any Project property, equipment, or supplies are not used for the Project for the duration of their useful lives, as determined by FRA, whether by planned withdrawal, misuse or casualty loss, the Grantee agrees to notify FRA immediately. Disposition of withdrawn property, equipment, or supplies will be in accordance with 2 C.F.R. §§ 200.311 – 200.316.

        6. Encumbrance of Project Property or Equipment. Unless expressly authorized in writing by FRA, the Grantee agrees not to:


          1. Execute any transfer of title, lease, lien, pledge, mortgage, encumbrance, contract, grant anticipation note, alienation, or other obligation that in any way would dispose of or encumber the Grantee’s title or other interest in any Project property or equipment; or

          2. Obligate itself in any manner to any third party with respect to Project property or equipment. The Grantee will refrain from taking any action or acting in a manner that would adversely affect FRA's interest or impair the Grantee's continuing control over the use of Project property or equipment.

      25. Relocation and Land Acquisition:


        The Grantee agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601 et seq. and the U.S. DOT implementing regulations, 49 C.F.R. Part 24.


      26. Flood Hazards:


        The Grantee agrees to comply with the flood insurance purchase requirements of section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. § 4012a(a), with respect to any construction or acquisition project.


      27. Procurement:


        1. Federal Standards. The Grantee may acquire property, goods or services in connection the Project. If the Grantee is a state, then it will use its own procurement procedures that reflect applicable state laws and regulations in compliance with 2 C.F.R. § 200.317. A subrecipient of a state will follow such policies and procedures allowed by that state when procuring property and services under this award consistent with 2 C.F.R. § 1201.317, notwithstanding 2 C.F.R. §

          200.317. An entity that is not a state or a subrecipient of a state will comply with 2 C.F.R. §§ 200.318 – 200.327, and applicable supplementary U.S. DOT or FRA directives and regulations. If determined necessary for proper Project administration, FRA reserves the right to review the Grantee's technical specifications and requirements.


        2. Cargo Preference -- Grantee will comply with the U.S. DOT Maritime Administration regulations, 46 C.F.R. Part 381 as follows:

          1. Use of United States-flag vessels:

            • Pursuant to Pub. L. 664 (43 U.S.C. 1241(b)) at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this Agreement, and which may be transported by ocean vessel, will be transported on privately owned United States-flag commercial vessels, if available.

            • Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (a)(1) of this section will be furnished to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

          2. The Grantee will insert the following clauses in contracts let by the Grantee in which equipment, materials or commodities may be transported by ocean vessel in carrying out the Project.


            “Use of United States-flag vessels: The contractor agrees -


            1. To utilize privately owned United States-flag commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, materials, or commodities pursuant to this contract to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.


            2. To furnish within 20 days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipment originating outside the United States, a legible coy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in subsection (1) above to the recipient (through the prime contractor in the case of subcontractor bills-of lading) and to the Division of Cargo Preference and Domestic Trade, Maritime Administration, 1200 New Jersey Avenue, SE, Washington, D.C. 20590, marked with appropriate identification of the Project.


            3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.”


        3. Notification Requirement. With respect to any procurement for goods and services (including construction services) having an aggregate value of $500,000 or more, the Grantee agrees to:


          1. specify in any announcement of the awarding of the contract for such goods or services the amount of Federal Contribution that will be used to finance the acquisition; and


          2. express said amount as a percentage of the total costs of the planned acquisition.


        4. Debarment and Suspension; and Drug-Free Work Place. The Grantee agrees to obtain certifications on debarment and suspension from its third-party contractors and subrecipients and otherwise comply with U.S. DOT regulations, Nonprocurement Suspension and Debarment, 2 C.F.R. Part 1200, and Government- wide Requirements for Drug-Free Workplace (Grants), 49 C.F.R. Part 32.


        5. Small and Disadvantaged Business Requirements. If any funds under this award are administered by or through a State Department of Transportation, the Grantee shall

          expend those funds in compliance with the requirements at 49 C.F.R. part 26 (“Participation by disadvantaged business enterprises in Department of Transportation financial assistance programs”). The Grantee shall expend all funds under this award in compliance with the requirements at 2 C.F.R. 200.321 (“Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms”), and to the extent applicable, 49 C.F.R. part 26 (Participation by disadvantaged business enterprises in Department of Transportation financial assistance programs”).


      28. Rights in Intangible Property:


        1. Title to Intangible Property. Intangible property, as defined in 2 C.F.R. § 200.1, acquired in the performance of this Agreement vests upon acquisition in the Grantee. The Grantee must use that property for the originally-authorized purpose, and must not encumber the property without approval of FRA. When no longer needed for the originally-authorized purpose, disposition of the intangible property must occur in accordance with the provisions of 2 C.F.R. § 200.313(e).


        2. Copyright. The Grantee may copyright any work that is subject to copyright and was developed or for which ownership was acquired under this Agreement. FRA reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work, and to authorize others to do so.


        3. Patents. The following provisions will apply to patents under this Agreement:


          1. The Grantee is subject to applicable regulations governing patents and inventions, including government-wide regulations issued by the Department of Commerce at 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Awards, Contracts and Cooperative Agreements”.


          2. If the Grantee secures a patent with respect to any invention, improvement, or discovery of the Grantee or any of its subrecipients or contractors conceived or first actually reduced to practice in the course of or under this Project, the Grantee agrees to grant to FRA a royalty-free, nonexclusive, and irrevocable license to use and to authorize others to use the patented device or process.


        4. Research Data. For any research data (as defined in 2 C.F.R. § 200.315(e)(3)) acquired under a grant or contract, FRA has the right to:


          1. Obtain, reproduce, publish, or otherwise use the research data produced under this Agreement; and


          2. Authorize others to receive reproduce, publish, or otherwise use such data.

        5. Freedom of Information Act (FOIA). Responding to a FOIA request under this Agreement will be handled in accordance with the provisions of 2 C.F.R.

          § 200.315(e), including any definitional provisions set forth therein. The “Federal awarding agency” is FRA, and the “non-Federal entity” is the Grantee for purposes of this clause.

      29. Acknowledgment of Support and Disclaimer:


        1. Acknowledgement and Disclaimer. An acknowledgment of FRA support and a disclaimer of said support must appear in any Grantee publication developed under a research and development grant, or any other product based on or developed under the Agreement as directed by FRA, whether copyrighted or not, in the following terms:


          1. "This material is based upon work supported by the Federal Railroad Administration under [Grant/Cooperative Agreement number], [date of award]."


          2. "Any opinions, findings, and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the view of the Federal Railroad Administration and/or U.S. DOT."


        2. Signs. The Grantee is encouraged to erect at the site of any construction, and to maintain during construction, signs identifying the Project and indicating that FRA is participating in the development of the Project.


      30. Reprints of Publications:


        At such time as any article resulting from work under this Agreement is published in a scientific, technical, or professional journal or publication, two reprints of the publication should be sent to the FRA Grant Manager, clearly referenced with the appropriate identifying information.


        Documentation and Oversight Provisions


      31. Record Retention:


        During the course of the Project and for three years after notification of grant closeout, the Grantee agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as FRA may require. In cases where litigation, a claim, or an audit is initiated prior to the expiration of the record retention period, records must be retained until completion of the action and resolution of issues or the end of the record retention period, whichever is later. Reporting and record-keeping requirements are set forth in 2

        C.F.R. §§ 200.334 – 200.338 Project closeout does not alter these requirements.

      32. Audit and Inspection.


        1. General Audit Requirements. The Grantee will comply with all audit requirements of 2 C.F.R. §§ 200.500 – 200.512.


        2. Inspection by Federal Officials. The Grantee agrees to permit the Secretary and the Comptroller General of the United States, or their Authorized Representatives, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its contractors and subrecipients pertaining to the Project.


      33. Fraud, Waste or Abuse:


        The Grantee agrees to take all steps, including initiating litigation, if necessary, to recover the Federal Contribution if the FRA determines, after consultation with the Grantee, that all or a portion of such funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner in undertaking the Project.


      34. Site Visits:


        FRA, through its Authorized Representatives, has the right, at all reasonable times, to make site visits to review Project activities, accomplishments, and management control systems and to provide such technical assistance as may be required. If any site visit is made by FRA under this Agreement on the premises of the Grantee, contractor, beneficiary or subrecipient, the Grantee will provide, or will ensure the provision of all reasonable facilities and assistance for the safety and convenience of FRA representatives in the performance of their duties. All site visits and evaluations will be performed in such a manner as will not unduly delay work being conducted by the Grantee or any subrecipient.

      35. Safety Compliance:


        To the extent applicable, the Grantee agrees to comply with any Federal regulations, laws, or policy and other guidance that FRA or U.S. DOT may issue pertaining to safety in general, and in the performance of this Agreement, in particular.


      36. Electronic and Information Technology:


        The Grantee agrees that reports or information it provides to or on behalf of FRA will use electronic or information technology that complies with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.

        § 794d, and “Electronic and Information Technology Accessibility Standards,” 36

        C.F.R. Part 1194.


        Other Legislative and Regulatory Provisions

      37. Buy American:


        1. The Grantee’s acquisition of steel, iron and manufactured goods with funding provided through this Agreement is subject to the requirements set forth in the Buy American Act, 41 U.S.C. §§ 8301-8305, if applicable. The Grantee also represents that it has never been convicted of violating the Buy American Act nor will it make funding received under this Agreement available to any person or entity who has been convicted of violating the Buy American Act.


        2. Under 2 C.F.R. § 200.322, as appropriate and to the extent consistent with law, the Grantee should, to the greatest extent practicable under this award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The Grantee will include the requirements of 2

          C.F.R. § 200.322 in all subawards including all contracts and purchase orders for work or products under this award.


      38. Ethics:

        1. Standards of Conduct. The Grantee will maintain a written code or standards of conduct governing the performance of its officers, employees, board members, or agents engaged in the award and administration of contracts or agreements supported by the Federal Contribution provided through this Agreement. The code or standards will provide that the Grantee's officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subrecipients or contractors. The Grantee may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. As permitted by state or local law or regulations, such code or standards will provide for penalties, sanctions, or other disciplinary actions for violations by the Grantee's officers, employees, board members, or agents, or by subrecipients or their agents.


          1. Personal Conflict of Interest. The Grantee's code or standards must provide that no employee, officer, board member, or agent of the Grantee may participate in the selection, award, or administration of a contract supported by the Federal Contribution if a real or apparent conflict of interest would be involved. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.


          2. Organizational Conflicts of Interest. The Grantee's code or standards of conduct must include procedures for identifying and preventing real and

            apparent organizational conflicts of interests. An organizational conflict of interest exists when the nature of the work to be performed under a proposed contract, may, without some restrictions on future activities, result in an unfair competitive advantage to the contractor or impair the contractor's objectivity in performing the contract work.

        2. Existing Codes or Standards. This section does not require the Grantee to implement a new code or standards of conduct where a state statute, or written code or standards of conduct, already effectively covers all of the elements of Section 38(a) of this Attachment.


      39. Civil Rights:

        The Grantee agrees to comply with all civil rights laws and regulations, in accordance with applicable Federal directives. These include, but are not limited to, the following:

        (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, 42 U.S.C. § 2000d et seq., the DOT Title VI regulations at 49 C.F.R. part 21, which prohibits discrimination on the basis of race, color or national origin; (b) the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq., the DOT ADA regulations at 49 C.F.R. parts 37-38, section 504 of the Rehabilitation Act of 1973, as amended (29

        U.S.C. § 794), and the DOT regulations at 49 C.F.R. part 27, which prohibits discrimination of the basis of disability; (c) the Age Discrimination in Employment Act, as amended (42 U.S.C. §§ 621 – 634), and the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 1601-1607), which prohibits discrimination on the basis of age;

        (d) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.), which prohibits discrimination on the basis of sex; (e) 49 U.S.C. § 306, which prohibits discrimination on the basis of race, color, national origin, or sex in railroad financial assistance programs; (f) any nondiscrimination regulation implemented relating to the above stated statutes; (g) any nondiscrimination Executive Order implemented relating to the above stated statutes; (h) any U.S. DOT Order implemented relating to nondiscrimination, and (i) any other applicable federal laws, regulations, requirements, and guidance prohibiting discrimination.


      40. SAM Registration and DUNS Number:


        The Grantee is responsible for maintaining an active SAM Registration and Data Universal Numbering System (DUNS) Number and ensuring that all SAM/DUNS information is current throughout the lifecycle of this Agreement, in accordance with 2

        C.F.R. § 25.200(a)(2). If SAM/DUNS information becomes inactive, expired, or incorrect, the Grantee will not be able to do any grant-related business with FRA, including the obligation and/or payment of Federal grant funds, and FRA may take appropriate action to terminate this Agreement, in accordance with the terms of this Agreement.


      41. Freedom of Information Act:

        The FRA is subject to the Freedom of Information Act (FOIA). The Grantee should, therefore, be aware that all applications and related materials submitted by the Grantee related to this Agreement will become agency records and thus are subject to FOIA and to public release through individual FOIA requests.

      42. Text Messaging While Driving:


        The Grantee is encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies that bar text messaging while driving company-owned or –rented vehicles, or government-owned, leased, or rented vehicles or privately-owned vehicles when on official government business or when performing any work for or on behalf of the government. See Executive Order 13513 “Federal Leadership on Reducing Text Messaging While Driving,” Oct. 1, 2009 (available at http://www.gpo.gov/fdsys/pkg/FR-2009-10-06/pdf/E9-24203.pdf) and DOT Order 3902.10 “Text Messaging While Driving,” Dec. 30, 2009, as implemented by Financial Assistance Policy Letter (No. FAP- 2010-01, Feb. 2, 2010, available at http://www.dot.gov/sites/dot.dev/files/docs/FAPL_2010-01.pdf. This includes, but is not limited to, the Grantee:


        • considering new rules and programs or re-evaluating existing programs to prohibit text messaging while driving;


        • conducting education, awareness, and other outreach for employees about the safety risks associated with texting while driving; and


        • encouraging voluntary compliance with the agency’s text messaging policy while off duty.


        The Grantee is encouraged to insert the substance of this clause in all assistance awards.


        Where a Grantee is located within a state that already has enacted legislation regarding texting while driving, that state’s law controls and the requirements of this section will not apply to or be a part of this Agreement.


      43. Trafficking in Persons:

        1. Provisions applicable to a recipient that is a private entity.

          1. You as the recipient, your employees, subrecipients under this award, and subrecipients’ employees may not—

            1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;

            2. Procure a commercial sex act during the period of time that the award is in effect; or

            3. Use forced labor in the performance of the award or subawards under the award.

          2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity —


            1. Is determined to have violated a prohibition in paragraph a.1 of this award term; or


            2. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either—


              1. Associated with performance under this award; or


              2. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 C.F.R. part 1200.


        2. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity—


          1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or


          2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph

            a.1 of this award term through conduct that is either—

            1. Associated with performance under this award; or

            2. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. part 180, ‘‘OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),’’ as implemented by our agency at 2 C.F.R. part 1200.


        3. Provisions applicable to any recipient.


          1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term.

          2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:

            1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and

            2. Is in addition to all other remedies for noncompliance that are available to us under this award.

          3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.


        4. Definitions. For purposes of this award term:


          1. ‘‘Employee’’ means either:

            1. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or

            2. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

          2. ‘‘Forced labor’’ means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.


          3. ‘‘Private entity’’:

            1. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 C.F.R. § 175.25.

            2. Includes:

              1. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. § 175.25(b).

              2. A for-profit organization.


          4. ‘‘Severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ and ‘‘coercion’’ have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102).


          5. “Recipient” and “subrecipient” include for-profit entities for the purpose of this award term only.


      44. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:


Grant, cooperative agreement, and loan recipients are prohibited from using government funds to enter into subawards or contracts (or extend or renew subawards or contracts) with entities that use covered technology. See section 889

of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, 132 Stat. 1636, 1917 (Aug. 13, 2018). See also 2 C.F.R. §

200.471.


PART IV. GOVERNING LAWS AND REGULATIONS


  1. Governing Laws and Regulations:


    1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Grantee acknowledges and agrees that its performance will be governed by and in compliance with this Agreement, 2 C.F.R. §§ 200 – 200.521, including Appendices I – XI, and DOT’s implementing regulations at 2 C.F.R. Part 1201.


    2. Application of Federal, State, and Local Laws and Regulations.


      1. Federal Laws and Regulations. The Grantee understands that Federal laws, regulations, policies, and related administrative practices in place on the date this Agreement was executed may be modified from time to time. The Grantee agrees that the most recent of such Federal requirements will govern the administration of this Agreement at any particular time, except if there is sufficient evidence in this Agreement of a contrary intent. Likewise, new Federal laws, regulations, policies and administrative practices may be established after the date the Agreement has been executed and may apply to this Agreement. To achieve compliance with changing federal requirements, the Grantee agrees to include in all subawards and contracts financed with all or part of the Federal Contribution under this Agreement, specific notice that Federal requirements may change and the changed requirements will apply to the Project, as required. All limits or standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements.


      2. State, Territorial Law and Local Law. Except to the extent that a Federal statute or regulation preempts state, territorial, or local law, nothing in this Agreement will require the Grantee to observe or enforce compliance with any provision thereof, perform any other act, or do any other thing in contravention of any applicable state, territorial, or local law; however, if any of the provisions of this Agreement violate any applicable state, territorial, or local law, or if compliance with the provisions of this Agreement would require the Grantee to violate any applicable state, territorial, or local law, the Grantee agrees to notify the FRA immediately in writing in order that FRA and the Grantee may make appropriate arrangements to proceed with the Project.


      3. The Grantee will ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including but not limited to, those protecting free speech,

        religious liberty, public welfare, the environment, and prohibiting discrimination. Further, the Grantee will ensure compliance with all regulations, executive orders, policies, guidance, and requirements as they relate to the application, acceptance, and/or use of funds under this Agreement which may include, but are not limited to, those referenced in this Agreement.

    3. Environmental Protection. In addition to complying with the requirements described in Section 23 of this Attachment, the Grantee will ensure that all work conducted under this Agreement complies with all applicable laws, regulations, executive orders, and policies related to environmental protection and historic preservation, including, but not limited to: Section 114 of the Clean Air Act (42 U.S.C. § 7414); and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. § 1318).

November 2020


Consolidated Rail Infrastructure and Safety Improvements Clauses Attachment 1A


The Grantee agrees to comply with the clauses in this Attachment 1A according to its terms. Consistent with 49 U.S.C. § 22905(e), clauses (c) through (h) do not apply to: 1) commuter rail passenger transportation (as defined in 49 U.S.C. § 24102(3)) operations of a State or local government authority (as those terms are defined in 49 U.S.C. § 5302) or its contractor performing services in connection with commuter rail passenger operations; 2) the Alaska Railroad or its contractors; or 3) Amtrak’s access rights to railroad right of way and facilities under current law.

  1. Federal Contribution


    The Federal share of total Project costs shall not exceed 80 percent.


  2. Performance Measures


    Grantee agrees to measure and report on the performance measures as stated in Attachment 5.


  3. Buy America


    In lieu of Section 37(a) of Attachment 1 to this Agreement, the Grantee agrees to comply with the Buy America provisions set forth in 49 U.S.C. § 22905(a) for the Project.

    Additional guidance on compliance with the Buy America provisions is available on FRA’s website at: https://railroads.dot.gov/legislation-regulations/buy-america/buy-america.


  4. Operators Deemed Rail Carriers


    The Grantee recognizes and agrees that 49 U.S.C. § 22905(b) provides that persons conducting rail operations over rail infrastructure constructed or improved in whole or in part with funds provided by this Agreement will be considered a “rail carrier” as defined by 49 U.S.C.

    § 10102(5), for purposes of Title 49, United States Code, and any other statute that adopts that definition or in which that definition applies, including: the Railroad Retirement Act of 1974 (45

    U.S.C. § 231 et seq.); the Railway Labor Act (45 U.S.C. § 151 et seq.); and the Railroad Unemployment Insurance Act (45 U.S.C. § 351 et seq.). The Grantee agrees to reflect this provision in its agreements (if any) with any entity operating rail services over such rail infrastructure.

  5. Railroad Agreements. In accordance with 49 U.S.C. § 22905(c)(1):


    1. If Grantee owns the rights-of-way used by the Project funded by this Agreement, then Grantee agrees that: the infrastructure capacity is adequate to accommodate both existing and future freight and passenger rail operations resulting from the Project, as applicable; railroad collective bargaining agreements with railroad employees (including terms

      November 2020


      regulating the contracting of work) will remain in full force and effect according to their terms for work performed on the railroad transportation corridor; and the Grantee assures compliance with liability requirements consistent with 49 U.S.C. § 28103.


    2. If Grantee does not own all of the rights-of-way used by the Project funded by this Agreement, then Grantee represents that it has entered into a written agreement with the owner of rights-of-way used by the Project funded by this Agreement, which includes: compensation for such use; assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations resulting from the Project; an assurance by the owner that collective bargaining agreements with railroad employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by such employees on the railroad transportation corridor; and an assurance of compliance with liability requirements consistent with 49 U.S.C. § 28103.

  6. Labor Protective Arrangements


    In accordance with 49 U.S.C. § 22905(c)(2)(B), if the Project uses rights-of-way owned by a railroad, then Grantee will ensure compliance with the protective arrangements that are equivalent to the protective arrangements established under Section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976, 45 U.S.C. § 836, with respect to employees affected by actions taken in connection with the Project financed in whole or in part by this Agreement.

  7. Davis-Bacon and Related Acts Provisions


    In accordance with 49 U.S.C. § 22905(c)(2)(A), if the Project uses rights-of-way owned by a railroad, then, the Grantee will ensure compliance with the standards of 49 U.S.C. § 24312 with respect to the Project in the same manner that Amtrak is required to comply with those standards for construction work financed under an agreement made under 49 U.S.C.§ 24308(a). For these purposes, wages in collective bargaining agreements negotiated under the Railway Labor Act are deemed to comply with Davis-Bacon Act requirements.

  8. Replacement of Existing Intercity Passenger Rail Service


If an intercity passenger rail transportation provider replaces Amtrak intercity passenger rail service, then such provider must comply with the provisions of 49 U.S.C. § 22905(d).

ATTACHMENT 2 STATEMENT OF WORK

Manatee Port Authority


Port Manatee Railroad Track Rehabilitation Phases 1 and 2


Consolidated Rail Infrastructure and Safety Improvements (CRISI) FY 2019


  1. AUTHORITY



    Authorization

    49 U.S.C. § 22907(c)(4)

    Funding Authority/Appropriation

    Consolidated Appropriations Act, 2019, Division G, Title I (Public Law 116-6 (February 15, 2019))

    Notice of Funding Opportunity

    Notice of Funding Opportunity for Consolidated Rail Infrastructure and Safety Improvements for Fiscal Year 2019, 84

    Federal Register 42979 (August 19, 2019)


  2. BACKGROUND


    This Agreement funds the Manatee Port Authority (Authority or Grantee) to complete the Port Manatee Railroad Track Rehabilitation Phase 1 and Phase 2 (Project). To the extent there is a conflict between Attachment 1 and this Attachment 2, Attachment 1 governs.


    Port Manatee (Port) is an approximately 1,100-acre facility located in west central Florida adjacent to Tampa Bay. The Port Manatee Railroad is a short line rail facility on Port property and owned by the Port that connects to the CSX Transportation railroad mainline. Port Manatee’s rail facilities have been developed in stages since 1969, with many heavily used rail segments nearing the end of their design life. The Project will upgrade and replace portions of these rail facilities. Phase 1 of the Project is comprised of a complete track rebuild in two areas, with new cross-ties, tie plates, bolts, tie anchors, spikes, ballast and heavier rail, and Phase 2 is comprised of the same work in three additional areas. The Grantee anticipates that work on both Phases will occur simultaneously.


    On August 19, 2019, the FRA issued a Notice of Funding Opportunity (NOFO) in the Federal Register soliciting applications under the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program for Federal fiscal year (FY) 2019. On October 7, 2019, the

    Grantee submitted two applications, one each for Phase 1 requesting $301,067 and Phase 2 requesting $606,720 for construction of the Project. FRA selected the Authority to receive the full award for both applications: for Phase 1, $301,067 in FY 2019 CRISI funding toward a

    $602,134 project (including Grantee match); and for Phase 2, $606,720 in FY19 CRISI funding toward a $758,400 project (including Grantee match). Because the applications requested funding for two phases of the same Project, FRA decided to combine the awards into one grant, the terms of which are defined in the Agreement and this Statement of Work (SOW). On March 25, 2020, in compliance with the National Environmental Policy Act, FRA approved a Categorical Exclusion for both Phase 1 and Phase 2.


  3. OBJECTIVE


    The Project will replace and upgrade existing track in five areas with new cross-ties, tie plates, bolts, tie anchors, spikes, ballast, and heavier 115-lb. rail within Port Manatee located in Palmetto, FL. The replacement/upgrade will result in improved safety of the rail facilities, eliminating costly repairs due to failure of track components, as well as significantly decreasing the annual maintenance cost.


  4. PROJECT LOCATION


    Port Manatee is located in Palmetto, Florida in the Sarasota-Bradenton Area of northwest Manatee County at the entrance to Tampa Bay on Florida’s west coast. It is located within 5 miles of the nexus of Interstates 75 and 275 (within 30 miles of Interstate 4), with direct access provided by U.S. 41 (three miles north of Interstate 275). Rail service is provided by CSX Railroad’s “S” mainline interchanging with the Port’s own Class III Railroad. The Project is contained within Port Manatee’s jurisdictional boundaries.


  5. DESCRIPTION OF WORK


    The Project consists of four primary work elements delivered through five tasks as listed below and described later in this SOW.


    Task 1: Detailed Project Work, Budget, and Schedule Task 2: Preliminary Engineering/Final Design

    Task 3: Phase 1 Construction

    Task 4: Phase 2 Construction Task 5: Project Administration

    Task 1: Detailed Project Work Plan, Budget, Schedule


    The Grantee shall submit a separate Detailed Project Work Plan, Budget, and Schedule (PWP) for each Phase of the Project. The Grantee will prepare PWPs (one for each Phase) for the following tasks, which may result in amendments to the Agreement. The Detailed Project Budgets will be consistent with the Approved Project Budget but will provide a greater level of detail. The PWPs will describe, in detail, the activities and steps necessary to complete the tasks outlined in this Statement of Work.


    The PWPs will also include information about the project management approach (including team organization, team decision-making, roles and responsibilities and interaction with FRA), as well as address quality assurance and quality control procedures. In addition, the PWPs will include the Project Schedule with Grantee and agency review durations), a detailed Project Budget, and, if necessary, the environmental class of action. Similarly, agreements governing the construction, operation and maintenance of the Project should also be included. The PWPs will be reviewed and approved by the FRA.


    The Grantee acknowledges that work on subsequent tasks will not commence until the P have been completed, submitted to FRA, and the Grantee has received approval in writing from FRA, unless such work is permitted by pre-award authority provided by FRA. The FRA will not reimburse the Grantee for costs incurred in contravention of this requirement.


    Task 1 Deliverables:


    • Detailed Project Work Plan, Budget, and Schedule (one for each Phase)


      Task 2: Preliminary Engineering/Final Design


      The Grantee will submit separate Preliminary Engineering and Final Design documents for each Phase of the Project.


      Subtask 2a - Preliminary Design (30%)


      The Grantee will submit the Preliminary Design (30%) Package for FRA review and approval prior to initiating Final Design. This will consist of the preparation of all design and project delivery documentation necessary to proceed with final design. It will include development of the design criteria, preliminary specifications, and any documentation necessary to demonstrate the effectiveness, feasibility, and readiness of the Project. It will show the limits of construction and staging areas as applicable. The Preliminary Design (30%) Package will include 30% Plan Sheets, details, and outline of specifications, Preliminary Cost Estimate, and Preliminary Construction Schedule.

      Subtask 2b - Final Design


      The Grantee will submit a Final Design (FD) Package to FRA for review and acceptance. The FD Package will include Final Design Plans, specifications, cost estimates, and schedules. The Grantee shall not proceed with construction until FRA has accepted, in writing, all required Final Design documentation. The Grantee will provide FRA with written notification of bid letting, contract award and issuance of notice to proceed to any contractor performing work under the Agreement.


      Task Deliverables:


    • Preliminary Design Package (one package each for Phases 1 and 2)

    • Final Design Package (one package each for Phases 1 and 2)


      Task 3: Phase 1 Construction


      The work under Task 3 consists of a complete track rebuild in two areas, with new crossties, tie plates, bolts, anchors, spikes, ballast and heavier rail.


      Subtask 3a: Construction Area 1


      The Grantee will complete construction in Area 1 as detailed by Jobs 1 through 3 below.


      • Job 1


        1. Surface South side curves 2 ea. North end (A) – 737 ft of track.

        2. Replace 85 ea. 6 in x 8 in x 8 ft – 6 in crossties (grade 3 crossties; 100% end plated) to the west complex switch.

        3. South end (B) surface 683 ft. of track, replace 40 ea. 6 in x 8 in x 8 ft – 6 in. crossties from clearance marker to south dock crossing.

        4. Surface, line and cross level all tracks with a 2-inch pull using #4 granite ballast.

        5. Dispose of old removed crossties off site.


      • Job 2


        1. Main line Reeder Road to Main line switch West end, 1520 LF of track.

        2. Replace 242 ea. defective 6 in x 8 in x 8 ft – 6 in crossties (grade 3 crossties; 100% end plated).

        3. Replace 200 ea. loose or defective track bolts as needed.

        4. Surface line and cross level same 1520 LF of trackage with a 2 in pull using #4 granite ballast.

        5. Dispose of all crossties offsite.

      • Job 3


        1. Complete rebuild of Main line from Southside switch west to Coastal switch, 584 ft of track, using 115 lb. RE rail, 7 in x 9 in crossties spaced on 20 in centers crossties (grade 3 crossties; 100% end plated), double shouldered tie plates, 6-

          hole joint bars, necessary new track spikes and joint bolts with every third tie box anchored.

        2. Surface, line and cross level same 584 ft of trackage with a 6 in pull using #4 granite ballast.

        3. Dispose of old removed rail and OTM on site. d. Dispose of all removed ties offsite.


        Subtask 3b: Construction Area 2


        The Grantee will complete construction in Area 2 as detailed by Jobs 4 and 5 below.


      • Job 4


        1. Complete tear up and rebuild of Main line from switch at Eastern Ave

          west, including crossing, to Kinder Morgan crossing, 695 ft of trackage, using 115 lb. RE rail, 7 in x 9 in crossties spaced on 20 in centers crossties (grade 3 crossties 100% end plated), double shouldered tie plates, 6-hole joint bars, necessary new track spikes and joint bolts with every third tie box anchored.

        2. Surface, line and cross level same 695 ft of trackage with a 6 in pull using #4 granite ballast.

        3. Dispose of old removed rail and OTM on site.

        4. Dispose of all crossties offsite.

        5. Repave crossing with asphalt.


      • Job 5


        1. Complete tear up and rebuild of track from last long crosstie of the switch on the North side of North Dock St heading west to the crossing East of Kinder Morgan dump shed, 664 ft of trackage and the remaining 618 ft of trackage, including the #8 turnout on the West side of the dump pit shed, to the existing bumping post at the West end of the dump pit track, using 115 lb. RE rail, 7 in x 9 in crossties spaced on 20 in centers crossties (grade 3 crossties; 100% end plated), double shouldered tie plates, 6-hole joint bars, necessary new track spikes and joint bolts with every third tie box anchored.

        2. Remove existing sub-ballast in (16 ft. W x 664 ft. L), area on the east side of the dump shed, approximately 4 inches in. depth, disposing of on port property as directed.

        3. Install a 4-in. thick layer of compacted DOT lime rock road base in same

          (16 ft. W x 664 ft. L) area, on the east side of the dump shed.

        4. Surface, line and cross level same 1282 ft of trackage and 1 ea #8 turnout with a 6 in pull using #5 A granite ballast.

        5. Dispose of old removed rail and OTM on site. Dispose of all crossties offsite.


        Task 4: Phase 2 Construction


        Subtask 4a: Construction Area 3


        The Grantee will complete construction in Area 3 as detailed in Jobs 6 through 9 below.


      • Job 6


        1. Surface the south end of the interchange #1 track, from first wooden crosstie on south end north to second set of cement crossties - approximately 1,555' of track (assuming an average 2" lift on the track).

        2. Replace 250 ea. 6 x 8 crossties (grade 3 crossties; 100% end plated) in that same area of track.

        3. Replace 115 ea. loose or defective track bolts as needed.

        4. Contractor is responsible to coordinate and pay for CSX flagman for this job within CSX property boundaries for RWP.


      • Job 7


        1. Surface south end of interchange #2 Track, from first wooden crosstie on south end north to cement crossties - approximately 1,431' of track (assuming an average 2" lift on the track).

        2. Replace 250 ea. 6 x 8 crossties (grade 3 crossties; 100% end plated) in that same area of track.

        3. Replace 95 ea. loose or defective track bolts as needed.

        4. Dispose of all crossties offsite.

        5. Contractor is responsible to coordinate and pay for CSX flagman for this job within CSX property boundaries for RWP


      • Job 8


        1. Scrap yard Turnout - Change out a full set of #8 turnout switch ties throughout the turnout using CSX Spiking Pattern.

        2. Tighten all track bolts throughout the switch.

        3. Install new #8 100 lb. RE Rail Bound manganese frog.

        4. Surface, line and cross level the turnout on #4 granite ballast through to

          scrap track turnout (approximately 120' total including the turnout).

        5. Dispose of all removed ties offsite.

        6. Contractor is responsible to coordinate and pay for CSX flagman for this job within CSX property boundaries for RWP


      • Job 9


        1. Replace and install new 16-6" 100 LB. RE Switch point and stock rail on curved side in the CSX Interchange switch on the south end.2. Install new replaceable top portion only of FM switch point Guard.

        2. Change out a full set of #8 turnout switch ties through turnout using CSX Spiking Pattern.

        3. Tighten all Track bolts throughout the switch.

        4. Replace 12 ea. 6 x 8" grade ties (Grade 3 crossties; 100% end plated) in scrap yard track in order to replace switch ties in interchange switch.

        5. Surface, line and cross level the turnout on #4 granite ballast through to scrap track turnout (approximately 120' total including the turnout).

        6. Dispose of removed ties offsite.

        7. Contractor is responsible to coordinate and pay for CSX flagman for this job within CSX property boundaries for RWP


        Subtask 4b: Construction Area 4


        The Grantee will complete construction in Area 4 as detailed in Jobs 10 and 11 below:


      • Job 10


        1. Surface north new track - approximately 1,291' of track (assuming an average 2" lift on the track).

        2. Replace 210 ea. 6 x 8 crossties (grade 3 crossties; 100% end plated) in that same area of track.

        3. Replace 80 ea. loose or defective track bolts as needed.

        4. Dispose of all crossties offsite.


      • Job 11


        1. Surface south new track - approximately 1,291' of track (assuming an average 2" lift on the track).

        2. Replace 240 ea. 6 x 8 crossties (grade 3 crossties; 100% end plated) in that same area of track.

        3. Replace 80 ea. loose or defective track bolts as needed.

        4. Dispose of all crossties offsite.

        Subtask 4c: Construction Area 5


        The Grantee will complete construction in Area 5 as detailed in Jobs 12 through 18 below.


      • Job 12


        1. Surface south van ply track - approximately 653’ of track (assuming an

          average 4" lift on the track).

        2. Replace 210 ea. 6 x 8 crossties (grade 3 crossties; 100% end plated) in that same area of track.

        3. Replace 36 ea. loose or defective track bolts as needed.

        4. Dispose of all crossties offsite.


      • Job 13


        1. Tear out and remove Kinder Morgan mainline crossing - approximately 80 track ft. down to base.

        2. Rebuild track using 115 lb. RE rail with new AREMA approved concrete crossties and fasteners on 20 in. centers.

        3. Install new French drain and add necessary ballast up to grade.

        4. Perform Orgo-Therm welds on joints that will be under asphalt.

        5. Surface, line and cross level same 80 ft. using #4 granite ballast as needed.

        6. Dispose of removed rail on site as directed. Dispose of all removed crossties offsite.


      • Job 14


        1. Demo and rebuild 20 Ft. of mainline trackage west of Kinder Morgan crossing up to track #2 switch points.

        2. Rebuild track using 115 lb. RE rail, with 7in. x 9 in. crossties spaced on 20 in. centers, double shoulder tie plates, 6-hole joint bars, necessary new track spikes and joint bolts, with every third tie box anchored.

        3. Surface, line and cross level same 20 ft of track. using #4 granite ballast as needed.

        4. Dispose of removed rail on site as directed. Dispose of removed crossties offsite


      • Job 15


        1. Completely demolish and reconstruct track #2 turnout (#8) using 115 lb. RE rail, with 7 in. x 9 in. switch ties spaced on 20 in. centers, double shoulder tie plates, 6-hole joint bars, necessary new track spikes and joint bolts, with every third tie box anchored.

        2. Surface, line and cross-level the turnout using #4 granite ballast as needed.

        3. Dispose of removed rail on site as directed. Dispose of all removed crossties offsite.


      • Job 16


        1. Surface Track #2 - approximately 818’ of track (assuming an average 2" lift on the track).

        2. Replace 310 ea. 6 x 8 crossties (grade 3 crossties; 100% end plated) in that same area of track.

        3. Replace 60 ea. loose or defective track bolts as needed.

        4. Dispose of all crossties offsite.


      • Job 17


        1. Surface Track #1 - approximately 850’ of track (assuming an average 2" lift

          on the track)

        2. Replace 360 ea. 6 x 8 crossties (grade 3 crossties; 100% end plated) in that same area of track.

        3. Replace 64 ea. loose or defective track bolts as needed.

        4. Dispose of all crossties offsite.


      • Job 18


    1. Item 1 Coastal Switch, replace and install new 16 ft. - 6in. 100lb. RE switch point and 39' stock rail on turnout side. Install new complete FM switch point guard.

    2. Install 7 - each new 7 in. x 9 in. x 9 ft. switch ties in the same turnout with 14 - each new adjustable switch plates.

    3. Install 2 - each new 16 ft. switch ties under points and 1 – each 7 in. x 9 in. x 8 ft. – 6 in. crosstie in front of points, all spaced on 20 in. centers.

    4. Dispose of removed rails & switch point on site. Dispose of all removed cross ties off site.

    Task 5: Project Administration


    The Grantee may expend funds under the Agreement for Project Administration (PA) activities related to the administration and delivery of the Project. Eligible activities under this Task include: document preparation (scope, schedule, budget updates), contract procurement, support for FRA inquiries on grant compliance oversight or monitoring, and applicable FRA reporting requirements defined in the Agreement. Specifically, per Section 16 of the Agreement, the Grantee shall submit a Final Performance Report within 90 days of completion of the Project.

    The Grantee shall submit a separate Final Performance Report for each Phase of the Project.


    Task 5 Deliverables:


    • Final Performance Reports submitted within 90 days of the end of the Project Period of Performance

  6. PROJECT COORDINATION


    The Grantee shall perform all tasks required for the Project through a coordinated process, which will involve affected railroad owners, operators, and funding partners, including:


    • CSX Transportation

    • Kinder Morgan

    • Florida Department of Transportation, and

    • FRA


  7. PROJECT MANAGEMENT


The Grantee is responsible for facilitating the coordination of all activities necessary for implementation of the Project. Upon award of the Project, the Grantee will monitor and evaluate the Project’s progress through regular meetings scheduled throughout the Project Performance Period. The Grantee will:


Attachment 3


DELIVERABLES AND APPROVED PROJECT SCHEDULE


Manatee Port Authority


Railroad Track Rehabilitation Phases 1 and 2


Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program FY 2019


I. DELIVERABLES AND APPROVED PROJECT SCHEDULE


The deliverables associated with the Agreement are listed below. The Grantee must complete these deliverables to FRA’s satisfaction to be authorized for funding reimbursement and for the Project to be considered complete.


Unless otherwise approved, requests for extensions of the Project Performance Period must be submitted not later than 90 days before the end of the Project Performance Period, consistent with Section 4(b) of Attachment 1.


Deliverables and Approved Project Schedule


Task #

Deliverable Name

Due Date


1

Detailed Project Work Plans, Budgets and Schedules (both Phases)


February 1, 2021


2


Preliminary Design Packages (both Phases)


March 15, 2021


2


Final Design Packages (both Phases)


April 15, 2021


5


Final Performance Reports (both Phases)

90 Days After the End of the Period of Performance

Attachment 4 APPROVED PROJECT BUDGET

Manatee Port Authority


Railroad Track Rehabilitation Phases 1 and 2


Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program FY 2019


As detailed in Attachment 2, Statement of Work, the Grantee submitted separate applications for Phases 1 and 2 of the Project, and FRA decided to combine them into one Agreement. Because the application for each Phase committed a different Non-Federal Contribution (50% for Phase 1 and 20% for Phase 2), the Grantee will administer separate budgets for each Phase. The Grantee shall not reprogram funds between Phase 1 and Phase 2.


IA. APPROVED PROJECT BUDGET, PHASE 1


The total estimated cost of Phase 1 of the Project is $602,134, for which the FRA grant will contribute up to 50% of the total Project Phase 1 cost, not to exceed $301,067. The Grantee’s Non-Federal Contribution is comprised of cash in the amount of $301,067 and no in-kind contribution. Any additional expense required beyond that provided in the Agreement to complete Phase 1 of the Project will be borne by the Grantee.

Phase 1 Project Budget by Task




Task #


Task Name

Federal (FRA)

Contribution

Non-Federal Contribution


Total Cost


1

Detailed Project Work Plan, Budget, and Schedule – Phase 1

$ 0

$ 0

$ 0


2a

Preliminary Engineering (30%) – Phase 1

$ 660

$ 660

$ 1,320


2b

Final Design – Phase 1

$ 1,540

$ 1,540

$ 3,080

3a

Subtask 3a: Construction Jobs 1-3

$150,000

$150,000

$300,000

3b

Subtask 3b: Construction Jobs 4-5

$145,667

$145,667

$291,334

5

Project Administration – Phase 1

$ 3,200

$ 3,200

$ 6,400

Total

$301,067

$301,067

$602,134


Revisions to the Approved Project Budget, Phase 1 shall be made in compliance with Attachment 1 of the Agreement. The Grantee will document expenditures by task, and by Federal and Non- Federal Contributions, when seeking reimbursement from FRA.

Phase 1 Project Budget by Source



Funding Source

Project Contribution Amount

Percentage of Total Project Cost

Federal Contribution (Amount of FRA Grant)


$301,067


50%

Non-Federal Contribution (Florida Department Transportation)

$301,067

50%

Total

$602,134

100%

IB. APPROVED PROJECT BUDGET, PHASE 2


The total estimated cost of Phase 2 of the Project is $758,400, for which the FRA grant will contribute up to 80% of the total Project Phase 2 cost, not to exceed $606,720. The Grantee’s Non-Federal Contribution is comprised of cash in the amount of $151,680 and no in-kind contribution. Any additional expense required beyond that provided in this Agreement to complete Phase 2 of the Project will be borne by the Grantee.


Phase 2 Project Budget by Task



Task #


Task Name

Federal (FRA)

Contribution

Non-Federal Contribution


Total Cost


1a

Detailed Project Work Plan, Budget, and Schedule – Phase 2

$ 0

$ 0

$ 0


2a

Preliminary Engineering (30%) – Phase 2

$ 1,320

$ 330

$ 1,650


2b

Final Design – Phase 2

$ 3,080

$ 770

$ 3,850

4a

Subtask 3a: Construction Jobs 6-9

$180,000

$ 45,000

$225,000

4b

Subtask 3b: Construction Jobs 10-11

$104,000

$ 26,000

$130,000

4c

Subtask 3c: Construction Jobs 12-18

$312,000

$ 78,000

$390,000

5

Project Administration – Phase 2

$ 6,320

$ 1,580

$ 7,900

Total

$606,720

$151,680

$758,400

Revisions to the Approved Project Budget, Phase 2 shall be made in compliance with Attachment 1 of the Agreement. The Grantee will document expenditures by task, and by Federal and Non- Federal Contributions, when seeking reimbursement from FRA.

Phase 2 Project Budget by Source




Funding Source

Project Contribution Amount

Percentage of Total Project Cost

Federal Contribution (FRA Grant)

$606,720

80%

Non-Federal Contribution (Grantee)

$151,680

20%

Total

$758,400

100%

ATTACHMENT 5


PERFORMANCE MEASURES


Manatee Port Authority


Port Manatee Railroad Track Rehabilitation Phases 1 and 2


Consolidated Rail Infrastructure and Safety Improvements (CRISI) FY 2019


  1. PERFORMANCE MEASUREMENTS


    The table below contains the performance measures that this Project is expected to achieve. These performance measures will enable FRA to assess Grantee’s progress in achieving strategic goals and objectives. The Grantee will report on these performance measures per the frequency and duration specified in the table.


    Upon Project completion, Grantee will submit reports comparing the Actual Project Performance of the new and or improved asset(s) against the Pre-Project (Baseline) Performance and Expected Post-Project Performance as described in Table 1 below. Grantee need not include any analysis in addition to the described data; however, Grantee is welcome to provide information explaining the reported data.

    Grantee will submit the performance measures report to the Regional Manager in accordance with Table 1 below.


    Table 1: Performance Measurement Table


    Performance Measure

    Description of Measure

    Measurement

    Reporting



    Pre-Project (Baseline) Performance:

    The pre-project estimated annual maintenance cost is

    Contents:

    Comparison of future annual maintenance cost versus the baseline cost.



    approximately $102,428



    Annual

    The estimated annual maintenance cost is the total estimated yearly cost

    per year.


    Frequency:

    Maintenance

    of maintenance for the railroad. It is


    Annual

    Cost

    expected to decrease as a result of this Project.



    Expected Post-Project Performance:


    Duration:




    For three years after the



    Reduction of annual maintenance cost.

    Project’s Project Performance Period end date.



    Performance Measure

    Description of Measure

    Measurement

    Reporting



    Pre-Project (Baseline) Performance as of:

    Contents:

    Comparison of future derailments within the projects scope of work versus the baseline of two derailments.



    The pre-project number of



    derailments within the



    projects scope of work was



    two.


    Mitigating risk of derailments

    The risk of derailments is greater in the areas of track within switch points and defective crossties. It is expected

    to decrease as a result of this project.


    Frequency:

    Annual



    Expected Post-Project Performance:

    Duration:

    For three years after the



    A reduction of derailments

    Project’s Project



    with the projects scope of

    Performance Period end



    work.

    date.

    December 15, 2020


    CONSENT

    AGENDA ITEM 1.E.: ALPICO INTERNATIONAL LEASE AMENDMENT #7 BACKGROUND:

    In December 2013, the Port Authority approved a lease for office space to Alpico International (Alpico), which was extended through December 31, 2020 through various amendments. Alpico desires to extend its lease for one year effective January 1, 2020 – December 31, 2021 which includes a 5% increase in the lease rate and an increase in the total leased square footage.


    ATTACHMENT:


    Port Manatee Lease Amendment #7


    COST AND FUNDING SOURCE:


    N/A


    CONSEQUENCES IF DEFERRED:


    Delay in approving tenant’s request.


    LEGAL COUNSEL REVIEW: Yes


    RECOMMENDATION:


    Move to approve and authorize the Chairman to execute Port Manatee Lease Amendment #7 between Manatee County Port Authority and Alpico International.


    26981/001/01711199.DOCXv1

    PORT MANATEE LEASE AMENDMENT #7


    The terms and condition s of this Port Manatee Lease Amendment #7 (hereinafter, "Amendment #7"), made and entered into by and between the MANATEE COUNTY PORT AUTHORITY, a political entity of the State of Florida, with its principal place of business located at Port Manatee, 300 Tampa Bay Way , Palmetto, Florida 34221, hereinafter referred to as the " Authority ", and ALPlCO INTERNA TIONAL, an entity duly organized to do bus iness in the State of Florida, with a principal place of business located at 13230 Eastern Avenue, Palmetto , Florida 34221, hereinafter referred to as the "Lessee" (collectively , the "Parties"), for and in consideration of the mutual covenants contained in Amendment #7 and other good and valuable consideration, amend the Port Manatee Lease entered into by the parties hereto dated December 19, 2013 (hereinafter "Lease"), the Port Manatee Lease Amendment # I dated April 17, 2014 ("Amendment #I"), the Port Manatee Lease Amendment #2 dated January 21, 2016 ("Amendment #2") the Port Manatee Lease Amendment #3 dated February 23, 2016 ("Amendment #3"), the Port

    Manatee Lease Amendment #4 dated January 19, 2017 ("Amendment #4"), the Port Manatee Lease Amendment #5 dated February 15, 2018 ("Amendment #5"), and the Port Manatee Lease Amendment #6 dated December 20, 20 I 8 ("Amendment #6") and state as follows:

    1. SCOPE. This Amendment #7 is being entered into for the purpose of amending paragraph 2 of the Lease extending the term for a one-year period until December 31, 2021, amending, modifying and superseding paragraphs I , 3 and 9 of the Lease. Except to the extent herein amended, all other provisions set forth in Amendment #6, Amendment #5, Amendment #4, Amendment #3, Amendment #2, Amendment # 1 , and the Lease sha ll remain in full force and effect and bindin g upon the Authority and the Lessee. ln entering into Amendment

      #7, the parties acknowledge that in no way has the Authority waived any of its rights or claims it may have against the Lessee.

    2. MODIFICATION. The Parties agree to amend the Lease to extend the term for one year such that the term of the Lease shall now terminate on December 31, 2021.

      The Parties agree to amend, modify and supersede paragraphs I, 3 and 9 of the Lease, as follows:

      1. DEMISED PREMISES. The Authority does hereby dem ise , let and rent unto the Lessee and the Lessee does hereby hire and take as tenant those certain facilities located in Manatee County, Florida identified as a portion of Port Manatee and hereinafter identified as the "demised premises" initialed on behalf of the parties hereto in one or more of the following subparagraphs, to have and to hold the same pursuant to the provisions hereinafter set fo1th:

        13230 Eastern Avenue, Palmetto, Florida 34221, office space consisting of the following:


        • Office 1 - 234.33 square feet (previously identified as " East Office # I - 226 square feet"*)


        • Office 4 - 234.33 square feet (previously identified as " Main Office - 231 square feet"* )


        • Office 5 - 231.17 square feet (previously identified as " West Office - 228 square feet"*)


        • Office 6 - 231.17 square feet


        • Restrooms - 165.30 square feet


        • Hallway- 105.44 square feet


        *Square footage was estimated.

        Total actual square footage is 1,2 01.74 to be used by the Lessee solely for the purpose of an office or offices for conducting the activities, business and operation of the Lessee in connection with the activities and operations of the Lessee at Port Manatee related to waterborne commerce.

    3. RENT. The Lessee shall pay to the Authority throughout the duration or term of this lease rent for the demised premises for each and every month of the term of this lease a sum in the amount of $1.58 per square foot, per month , payable in advance or $1,898.75. The Lessee shall also pay any applicable Florida sa les taxes on said rent, payable at the same time rental payments are made.

9. MAINTENANCE. The Lessee shall cause all improvements located upon the demised premises to be duly maintained and kept up throughout the duration or term of this lease to the extent necessary to maintain the demised premises in a sa fe, tenantable and workable condition. The demised premises will not be used for any unlawful purposes and the Lessee will not use the demised premises in such a manner as to create a nuisance or otherwise violate any law, rule or regulation , and the Lessee will neither suffer nor commit any waste of the demised premises.


  1. CONFLICT. In the event of a conflict regarding the provisions set forth in paragraphs 1, 3 and 9 of Amendment #7 and the Lease, Amendment #1, Amendment #2, Amendment #3, Amendment #4, Amendment #5, or Amendment #6, then the provisions set forth in Amendment #7 shall prevail. In the event of a conflict between any other paragraphs within Amendment #7 and the Lease, Amendment #1, Amendment #2, Amendment #3,

    Amendment #4, Amendment #5, and Amendment #6, then the Lease, Amendment #I, Amendment #2, Amendment #3, Amendment #4, Amendment #5, and Amendment #6 shall prevail.

  2. MUTUAL REPRESENTATIONS. Each of the Parties represents unto the other pa11y that Amendment #7 sha ll govern the Parties' responsibilitie s regarding the term.

  3. EFFECTIVE DATE. The effective date of Amendment #7 is January I, 202 1.


IN WITNESS WHEREOF, the parties have caused this Amendment #7 to be duly executed in duplicate this the I 5th day of December, 2020.


ATTEST:

ANGELINA M. COLONNESO

Clerk of Circuit Court


By: _ _ _ _ _ _ _ _ _ _

Printed: - - - - - - - - - -


MANATEE COUNTY PORT AUTHORITY


By: - - - - - - - - - - - -

Chairman



WITNESSES: ALPICO INTERNATIONAL

image

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T itle: Q \{?StVJ2y.t

LESSEE

December 15, 2020


CONSENT

AGENDA ITEM 1.F: FLORES CONSTRUCTION CHANGE ORDER NO.

11


BACKGROUND:


On February 20, 2020, the Authority approved the contract with Flores Construction Company in the amount of $1,238,073 for all necessary labor, equipment, and materials for the construction of loading docks at warehouse 2. Change orders 1-10 have been approved on the project for a net decrease of $309,191.94. Change Order No. 11 increases the contract

$79,608.70 for remaining balances previously entered for direct material purchases, but due to timing of delivery were purchased by the contractor; fire sprinkler riser painting; and fire protection services.


ATTACHMENT:


Change Order No. 11


COST AND FUNDING SOURCE:


FDOT and Port cash in the amount of $39,804.35 each


CONSEQUENCES IF DEFERRED:


Delay in warehouse 2 loading dock completion


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:


Move to approve and authorize the Chairman to execute Change Order No. 11 to the Flores Construction contract in the amount of $79,608.70.


Project Name:

PORT MANATEE


image

Loading Docks - Cold Storage Warehouse Improvements



image

CHANGE ORDER FORM Change Order No.


Date of Issuance: 12/4/2020 Effective Date:


11


4-Dec-20


Owner:

Manatee County Port Authority Contract #:

PSA No. 18-02 ITB 9-0-2019

Engineer of Record:

RS&H

Contractors Project #: PO-PA005411

Contractor:

Flores Construction Co. Engineer's Project #:

104-4007-002


Project:

Contract Name: Cold Storage Warehouse

image

Improvements

image

image

Cold Storage Warehouse Improvements


The Contract is modified as follows upon execution of this Change Order:


Description:

image

image

  1. Return/refund to Contractor the balance remaining on previously deducted Owner Direct Purchase Order (ODPO) material; Whitney Transport $69,168.48 and Cemex $940.22; The large balance on Whitney Transport can be attributed to material delivered prior to ODPO, less material used than projected and non-taxable items paid directly by Contractor

    image

    ADD $70,108.70 per the attached ODPO accounting summary

    image

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  2. Horn/Strobe with signage to front of building tied to fire riser flow switch per North Rive Fire District (NRFD) Fire Inspector Bob Tollise

    image

    No cost change; horn/strobe power (Tampa Bay Electric), horn/strobe material (Beneficial Fire)

    image

    image

  3. Fire extinguisher (2) on hanger to each exit (model 2A10BC) per NRFD No cost change; fire extinguishers provided/installed (DynaFire)

    image

  4. Replace two exit lights with emergency/exit combo per NFRD

    image

    No cost change; emergency/exit combo lights (Tampa Bay Electric)

    image

  5. Paint 'red' all exterior sprinkler piping and new fire backflow per NRFD

    image

    ADD $1,950.00; $1,500.00 Gulf Coast Painting, $450.00 scissor lift Tampa Bay Electric

    image

    image

  6. Signage 'FDC 13255' to sprinkler riser area and address '13255' (6" numercial) to front of building per NRFD No cost change; signage material (Signs of 7th), labor (Flores C Co)

    image

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  7. New 4" double detector check backflow preventer per 'field change' approval PLN1908-0065 dated 09/04/2020 as shown on sheet F-100

image

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ADD $7,550.00; material and labor provided (Beneficial Fire Protection) Summary

1. ADD $ 70,108.70

image

5. ADD $ 1,950.00

image

7. ADD $ 7,550.00

image

Total $ 79,608.70

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Attachments: 7 List documents supporting change:

image

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Owner Direct Purchase Order (ODPO) accounting summary - one page email correspondence 09/03/2020 Robert Tolllise NRFD - one page Gulf Coast Painting invoicel 09/28/2020 - one page

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Tampa Bay Electric CO/invoice - two pages

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Manatee County Public Works permit 'field change' PLN1908-0065 - one page

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Beneficial Fire Protection proposal 09/28/2020 - one page


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CHANGE IN CONTRACT PRICE

Original Contract Price:


$ 1,238,073.00


CHANGE IN CONTRACT TERMS

[note changes in Milestones if applicable) _

Original Contract Times: 180 day,_s

image

Substantial Completion: 9/6/2020 Date of Final Payment 10/6/2020

[Increase] [Decrease] from previous approved

Change Orders #: 1 -~ 1-0

$ (309,191.94)

[Increase] [Decrease] from previous approved

Change Order #: 0 Substantial Completion Date: 9/6/2020 Date of Final Payment: 10/6/2020

[date or days]

Contract Price prior to this Change Order:


$ 928,881.06

Contract Times prior to this Change Order:

Substantial Completion: 9/6/2020

Date of Final Payment: 10/6/2020

[date or days)

[Increase] [Decrease] of this Change Order:


$ 79,608.70

[Increase] [Decrease] of this Change Order:

Substantial Completion: 11/13/2020

Date of Final Payment: 12/13/2020

[days or dates)

Contract Price Incorporating this Change Order:


$ 1,008,489.76

Contract Times with all approved Change Orders:

Substantial Completion: 11/13/2020

Date of Final Payment: 12/13/2020


image

image

image

ACCEPTED:


Reynold Smith & Hill (RS&H) Flores Construction Co.

Engineer of Record Date: 12/5/2020

Approved by Funding Agecy (if applicable)

MCPA / BCC APROVED

Date:


image

Da: te

Contractor


12/4/2020


By:

Titie:


<Rev. 11/2020>

Port Manatee Cold Storage Warehouse








Owner Direct Purchase Order (ODPO) accounting








A

B

C


D

E

F

G

H

vendor

ODPO

sales tax

deduct CO

CO

paid

(A‐D)

(E*.06)

county t

(E+F+G)







ODPO

6%

$50








balance

state tax



dockzilla co

25,093.00

*

32,838.00

3

25,093.00

*

*

*

*

all steel building

74,679.52

3,360.48

78,040.00

4

74,679.52

whitney transport

86,940.00

3,207.50

90,147.50

5

19,791.53

67,148.47

2,020.01

69,168.48

cemex

38,888.50

2,383.31

41,271.81

6

38,001.50

887.00

53.22

940.22

paratec door

59,024.18

3,641.45

62,665.63

8

59,024.18










70,108.70











refund unspent ODPO funds including tax



70,108.70

























* portable ramp scope reduced, credit difference included in ODPO and deductive change order no. 3



,

david@floresconstruction.net


From: Sent: To:

Cc:

Subject:

Tollise, Robert <tolliser@nrfd.org> Thursday, September 3, 2020 1:15 PM david@floresconstruction.net trohr1@msn.com

FIRE INSPECTOR: prior to final


David, Reminder:

Bob Tollise - Fire Inspector North River Fire Distri ct 1225 14th Avenue West Palmetto, Florida 34221

941-345-7620

tolliser@nrfd.org


Florida has a very broad Public Records law. All e-mail sent to and from this office is subject to the Public Records provision of the Florida Statutes and may be released as part of a public records request.


1


- I -

GULF COAST

PAINTING


Invoice# 20130 Invoice for painting fire riser


TO:

FR:

DT:

image

RE:

David Flores Eric Wade 10-26-20

image

Billing for painting at Port manatee - fire sprinkler riser


Painting per proposal dated 9/28/20


Total this invoice $1,500.00


Gulf Coast Painting

1518 Rowland Dr

image

Odessa, FL 33556 Eric@gcpaintingl .com 727-514-8988 - Eric's cell License CGC-031759

INVOICE


TO: FLORES CONSTRUCTION 5470 E BUSCH BLVD# 511

TAMPA, FL 33617

PORT MANATEE COLD STORAGE 13255 EASTERN AVE

PALMETTO, FL 34221


FROM: TAMPA BAY ELECTRIC INC

P.O.#

5857 ROWAN ROAD

NEW PORT RICHEY, FLORIDA 3465


DATE: NOVEMBER 3, 2020


ORIGINAL P.O. AMOUNT


$ 68,630.00

APPROVED CHANGE ORDERS

$ 8,790.00

TOTAL CONTRACT TO DATE

$ 77,420.00


WORK COMPLETE TO DATE


$ 77,420.00

LESS RETAINAGE

$

TOTAL COMPLETE LESS RETAINAGE

$ 77,420.00

AMOUNT PREVIOUSLY INVOICED

$76,970.00

CURRENT AMOUNT DUE BALANCE TO FINISH

$ 450.00


$ 0

DESCRIPTION OF WORK: CHANGE ORDER 4 - USE OF LIFT ON JOBSITE.


THE UNDERSIGNED CONTRACTOR CERTIFIES THAT THE WORK COVERED BY THIS INVOICE HAS BEEN COMPLETED IN ACCORDANCE WITH CONTRACT DOCUMENTS


image

image

SIGNED: l.,,,......-- 1 / - - DATE· f 1 -- · - 2::::,

CHANGE ORDER


TAMPA BAY ELECTRIC INC EC 13005836

5857 ROW AN ROAD

NEW PORT RIC HEY , FLORIDA 34653 727-815-1164

JOB NAME : MANATEE COLD STORAGE JOB LOCATION :

13225 EASTERN AVE CHANGE ORDER N UMBER : 4

DATE: 11-03-2020


image


DESCRIPTION OF CHANGES:


COST FOR USE OF LIFT ON JOBSITE


TOTAL THIS REQUEST $ 450.00


image


ORIGINAL CONTRACT AMOUNT




$ 68,63000

PREVIOUS APPROVED CHANGE ORDERS: NUMBER

1

THROUGH

3

$ 8,340.00

REVISED CONTRACT AMOUNT




$ 76,970.00

AMOUNT REQUESTED THIS CHANGE: 4




$ 450.00

REVISED CONTRACT AMOUNT




$ 77,420.00

COMPANY NAME: FLORES CONSTRUCTION


SIGNATURE :

PRINTED NAME : DAYID FLORES

TITLE:

DATE: 11-03-2020


image


anatee

ounty

0 R I O A

Manatee County Public Works Department Growth Management Engineering

1022 Z6•h Avenue East

Bradenton, Fl. 34208

Phone: (941) 708-7450

\-\' Ww.mymanatee.o rg


September 4, 2020


RS&H

301 E Pine St, Suite 350, Orlando, FL 3280I


Attention: Mr. John Rice John.Rice @ rsandh. com


RE: MANATEE COUNTY PORT AUTHORITY COLD STORAGE (FIRELINE)

Field Change

(PLN1908-0065) - (PDPM-05-45/OP-19-08)- (2059700359)

Approval Letter - Installation of a Fireline


Dear Mr. Rice:


I have reviewed the above referenced "Field Change" and the plans that are accepted by Utility Engineering which are hereby approved by Growth Management Engineering for construction. I am returning two (2) sets of plans marked "Approved" for your use.


These plans consist of the following sheets:

image

SHEET DAT ED LATEST REVISIO N

Sheet C-005 Sheet F-100

12/11/18

12/11/18

8/3 1/20

8 / 3 1/ 20


1'11hl1 \ 1, ks

image

l,rov.th 1'-1111,1g,·n1

I ll2 _(i .\\ 111111' I·., B )!1

image

l'hOll! ll'lll IHI l'l11)

PRISCILLA ' I ru cr:. REG(;IF lll' l.l .,\ M\ SI 1:r1111:11, ION SO N \ANfS'.-11\ fl1\ IIGH * f.AR OI. \\' 1111MOfHi fWI S\ Bl· N/\C"

/)/\(/'/( t J D, 111 r L 11,sc,1,r I /)/\ti/ 14 /)1 /11 ,,, ( 1> /),S(ll I

Beneficial Fire Protection, Inc.

12522 U.S. Highway 301 N., Suite 1

Thonotosassa, Florida 33592

Phone: (813) 986-5819

Fax: (813) 986-5837

stevegearen@gmail.com

September 28, 2020


Flores Construction

5470 East Busch Blvd. #511

Tampa, FL 33617 Attn: David Flores Phone: (813) 323-7895


Re: Port Manatee Warehouse - Change Order No. 2 Port Manatee, Florida


We have incurred changes to the above project and the costs associated with it are as follows:


Addition of two (2) 1O" underground gate valves, per instruction of the local water authority, as well relocation of a new 4" backflow to be installed in the horizontal orientation and additional pipe leading to the location of riser.


10" Gate Valves $3000.00

6" Gate Valve $700.00

4" Gate Valve $500.00

10x10x4 Tee $200.00

10x10x6 Tee $150.00

10" Main Removal & Replacement. $1700.00

Excavation/Backfill/Compaction $1200.00

Tracer Wire $100.00


Total: $7,550.00


Exclusions: Cutting or patching of asphalt or concrete, special permits, tapping or connection fees, barricades and signage, repaving, bacteriological testing, right-of-way permits, Maintenance of Traffic permit, piping to domestic water.


Please issue a change order for $7,550.00so materials can be ordered and all work can be completed. If there are any questions, or if we can be of additional service, do not hesitate to call.


Thank You,

--1!/ ,!

-- e=' ;::------....

Steven Gearen Estimator


Accepted By: Date:

December 15, 2020


AGENDA ITEM 2: RAILROAD REHAB PHASES I & II CONTRACT AWARD


BACKGROUND:


On September 22, 2020, an invitation to bid was published for the rehabilitation of the Port’s seven miles of railroad track encompassing a complete rebuild of the tracks. A bid opening was held on October 27, 2020, with four (4) companies submitting a bid. The lowest-responsive bidder is R.W. Summers Railroad Contractors in the amount of $1,098,909 which will be funded by both the U.S. Department of Transportation (65%) and the Florida Department of Transportation (24%) grant proceeds with the balance funded by port cash (11%). The parties also desired to amend the contract to clarify that the bidder must comply with specific federal requirements because the project is funded in part by a U.S. Department of Transportation grant.


ATTACHMENT:



COST AND FUNDING SOURCE:


U.S. DOT grant funding in the amount of $714,291; FDOT grant proceeds of $263,738 and Port cash in the amount of $120,880.


CONSEQUENCES IF DEFERRED:


Delay in project commencement


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:


Move to approve and authorize the Chairman to execute the contract and first amendment to the contract between the Manatee County Port Authority and R.W. Summers Railroad Contractor, Inc. in the amount of $1,098,909 for the railroad rehabilitation project pending receipt of all bond documents.


26981/001/01711410.DOCXv1

MANATEE COUNTY PORT AUTHORITY - BID TABULATION SHEET



PROJECT NAME:


1TB # 092220 - Phase I and Phase II Track Rehab Project BID OPENING LOCATION:


M_C_P-_A_ d_m_i_ni_st_ra_t_io_n_F_a ci_li ty

image


image

image

PROJECT LOCATION: PROJECT MANAGER:

Manatee County Port Authority


Buddy Neal, Railroad Yardmaster

DATE: 1 0_2 0/_20_2

image


TIME: =.:2.:::1.::P..5: :M:..1:c.:.P·:n.:l.ma;=:;et.t::.,,..::.oFL:.:':-- _


MEETING ATTENDEES: Btid EQtrest American Ira,kGeaeratiQDS I.LC Kim Buark MCPA

Q2uelas Oia B':Ii. Summers Bailr2ad C2ntca,t2r In, !h1ddi l:leal MCE'A Sheila l:leal


MCE'I'.

BIDS RECORDED BY: She1·a1 Nea, I MCPA

image

CONTACT INFORMATION: s neal@ rtmantee .com



Bidder# 1


Bidder# 2


Bidder# 3

Bidder# 4



Vendor/ Company Information:


American Track Generations, LLC


R.W. Summers Railroad Contractors


STX Railroad


Railroad Consultants, PLLC


P.O. Box 676

3693 Gan dy Road

111 Petrol Pt, Suite # 204

2400 Mait land Venter Parkway,# 235


Mulberry, FL 33860

(863) 425-4561

Bartow, FL 33830 (8631533-8107

Peachtree City, GA 30269 (404) 625-5151

Maitland , FL32751 (407) 803-3969

Project Contact:

Reid Forrest

Doug las Diaz

Daniel Stout

Bob O'Malley


ALL BIDDER REQUIREMENT MET:


Yes


Awarded - Pending Final Approval


Yes


N/A


Phase I Track RehabProject


$ 631449.36


$ 575,786.00


$ 726,402.00

Respond ed: No Bid 10/27/2020 -9:30 AM


Phase II • Track Rehab Project


$ 519,168.78


$ 523,123.00


$ 613,546.00




Total Project Cost:


$ 1,150,618.14


$ 1,098,909.00


$ 1,339,948.00


Additional per Crosstie replacement

( If required) Based on per unit Instance:


$ 93.83


$ 148.00


$ 150.00



Project Timellne from Date of Notice to Proceed:


98 Working Days


210 Calendar Days


90 Calen d ar Days



All Bids will be reviewed by Manatee County Port Authority officials.

Manatee County Port Authority has the right to reject anyand/orall Bids.




(2/'Mk

Manatee County Port Authority

Finance and Purchas ing Manager



CONTRACT FOR PHASE I and II- TRACK REHAB PROJECT

{J

-tt---

THIS CONTRACT is dated as of day of 1e.uMJI {( in the year 2020 by and between Manatee

County Port Authority, whose address is 300 Tampa Bay Way, Suite 1, Palmetto, FL 34221 ("Authority") and R.W. Summers Railroad Contractor. Inc., whose address is 3693 E. Gandy Road Bartow. FL 33830 and is authorized to do business in the State of Florida ("Contractor"), (collectively, the "Parties").


In consideration of the promises and mutual covenants contained in this Contract, the Parties hereby agree as follows:


  1. Scope of Work: Contractor shall complete all Work described in the attached Scope of Work, at Exhibit A including providing all necessary labor, equipment, and materials.


    The Work will be completed within 210 calendar days after both Contractor and Authority sign the Contract and Authority issues notice to proceed to Contractor if Authority issues notice to proceed within 45 days after Contractor execution of the contract. Time is of the essence.


  2. Payment Terms:

    Authority shall pay Contractor the following amounts for the Work:

    1. For all Base Bid Work, a lump sum of $1.098.909.00.


      Contractor shall submit applications for payment no more frequently than monthly broken down into a schedule of values approved by Authority using the attached form at Exhibit B. Authority shall make progress payments based on Contractor's applications for payment measured by the schedule of values subject to agreement on the level of completion of the Work. Prior to completion of the Work, 10% retainage will be withheld from progress payments. Upon final completion, acceptance of the work and receipt of the Contractor's Affidavit, Authority shall pay in full without retainage. All amounts not paid when due will bear interest at the rate of zero (0) percent per a1mum. Contractor's acceptance of final payment from Authority shall constitute a full waiver and release by Contractor of all claims against Authority arising out of or relating to the project.


      In the event that a change in the scope of the Work becomes necessary due to discovery of site conditions unknown prior to bidding, the parties shall negotiate in good faith to make the necessary change. If the change in scope changes the cost of the Work, the parties are entitled to a commensurate change in fee.


  3. Contractor's Representations: Contractor represents that Contractor is satisfied with the available information and is capable of performing satisfactorily in accordance with the Contract.


    Contractor represented that it understands and accepts that this Project is funded in part from the proceeds of a grant(s) from the Florida Department of Transportation (Contract Number 0 1548). This grant funding is conditioned in part on the Contractor meeting the following requirements:

    1. DBE Policy: The contractor and subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Conh·act. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of this Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the tennination of this Contract or such remedy as the Authority deems appropriate. Contractor agrees to ensure that Disadvantaged Business Enterprises (DBEs) have the oppo1iunity to participate in the performance of this Contract. In this regard, Contractor will take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete for and perform contracts.

    2. Contractor shall utilize the U.S. Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of this Contract, and shall expressly require any subcontractor performing Work or providing services pursuant to this Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term.

    3. Contractor understands that the grant funding is dependent on completion of Work within the specified contract time and the Contractor agrees to complete the Work within that time.

    4. The Contactor represents that it does not employ unauthorized aliens. The Authority will consider the employment by the Contractor of unauthorized aliens a violation of Section 274A of the Immigration and Nationality Act and such violation will be cause for unilateral cancelation of this Contract.


  4. Insurance and Bonding.


    1. Insurance. Contractor shall obtain insurance coverage meeting the requirements of Port Manatee Tariff Item 250, Insurance, available online at http://www.porhnanatee.com/Portals/O/business/Tarif£'Tariff.pdf. If the link has changed, there should remain access via the homepage at oortmanatee.com. Contractor must provide the Port Authority with certificates of insurance demonstrating compliance with Tariff Item 250, Insurance.

      In addition to the above, the Commercial General Liability insurance must provide continuous coverage for all work or operations performed under the Contract. Such insurance must 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 Contractor or any subcontractors shall name the Florida Department of Transportation (the "Department") as 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 and the Authority as an 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 a

      $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described in this section must apply fully to the work or operations perfonned under the Contract and may not be shared with or diminished by claims unrelated to the Contract. The policy/ies and coverage described in this section may be subject to a deductible and such deductibles will be paid by the Contractor. No policy/ies or coverage described in this section may contain or be subject to a Retention or a Self-Insured Retention. Prior to the execution of the Contract, and at all renewal periods which occur prior to final acceptance of the work, the Department and the Authority must be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described in this Section. The Department and the Authority, must be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described in this Section, which will be provided to the Department. The Department's or Authority's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates will not relieve or excuse any obligation to procure and maintain the insurance required in this Section, nor serve as a waiver of any rights or defenses the Department or Authority may have.

      In addition to the insurance coverage required above, the Contractor must procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the Authority is the Named Insured and where the limits are not less 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 Authority shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to this section. Prior to the execution of the Contract, and at all renewal periods which occur prior to final acceptance of the work, the Authority and the Department must be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described in this Section. The insurance described in this section must be maintained through final acceptance of the work. The Department and the Authority must be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described in this Section. The Department's or Authority's approval 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 the Department or Authority may have.

    2. Bonding. Contractor will submit a payment and performance bond for the total contract amount in accordance with in Section 255.05, Florida Statutes in the fonn of a cash deposit or annual bond executed by a surety company recognized and authorized to do business in the State of Florida. The surety company shall have an A.M. Best Rating of A or better and A. M. Best Financial Size Category of Class VII or greater.

      (

  5. Contractor's Compliance with the Law. Contractor shall submit Certificate of Compliance with the Florida Trench Safety Act using the provided form at Exhibit D if applicable. At all times, Contractor shall comply with all applicable environmental laws and regulations.


    1. Hazardous Conditions. Contractor shall be responsible for contaminants brought to the site by Contractor or anyone else for whom Contractor is responsible, and for any costs of removing and remediating any hazardous environmental condition created by the presence of the contaminants. If Contractor discovers a hazardous environmental condition, or if Contractor or anyone for whom Contractor is responsible creates a hazardous environmental condition, then Contractor shall immediately secure the condition, stop all Work in connection with the condition and notify Authority. Authority may take necessary action if Contractor is not responsible or if Contractor is responsible and Authority is not satisfied with Contractor's action and specify any special conditions under which the Work may be resumed. Contractor shall not resume Work until after the necessary response has been completed and Authority has authorized Contractor to resume the work. If Contractor is responsible for the hazardous environmental condition in question, then Authority may impose a set-off against payments to account for the associated costs to Authority.


    2. To the fullest extent permitted by the law, Contractor shall indemnify and hold harmless Authority and its officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a contaminant brought to the site by Contractor or by anyone for whom Contractor is responsible, or to a hazardous environmental condition created by Contractor or by anyone for whom Contractor is responsible, or to the performance of the Work to the extent caused by any negligent act or omission of Contractor or anyone for whose acts Contractor may be liable. This indemnification shall not be limited by any limitation under workers' compensation acts, disability benefit acts, or other employee benefit acts. This indemnification shall survive expiration or termination of this contract.


  6. Indemnification. To the fullest extent permitted by the law, Contractor shall indemnify and hold harmless the Authority and its officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities damages, losses and costs including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract.


    (

    (

    (

    This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida or the Authority's sovereign immunity.

    In any and all claims against the Agency or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of the Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the scope, or anyone for whose acts any of them may be liable, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts


    In conformance with the requirements of Section 725.06, Florida Statutes, the specific considerations for Contractor's promises are:

    1. Ten dollars ($10.00) and other valuable consideration, in hand paid by Authority, Engineer, and Engineer's employees to Contractor, receipt whereof is hereby acknowledged and the adequacy of which Contractor accepts as completely fulfilling the obligations of Authority, Engineer, and Engineer's employees under the requirements of Section 725.06, Florida Statutes, and;

      (

    2. The entry of Authority and Contractor into this contract because, but for Contractor's promises as contained in this Contract, Authority would not have entered into the construction contract with Contractor.


  7. Subcontractors. Contractor will require that any subcontractors comply with all terms and conditions of this Contract and all federal, state and local laws and regulations applicable to this project. In addition, Contractor agrees to include the following provisions in all of its contracts with its subcontractors who perform work in connection with this Contract:


    "To the fullest extent permitted by the law, Subcontractor shall indemnify and hold harmless the Authority and its officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities damages, losses and costs including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Subcontractor and persons employed or utilized by the Subcontractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida or the Authority' s sovereign immunity."


    "The Subcontractor will not discriminate on the bases ofrace, color, national origin or sex

    ( in the award and performance of contracts, entered pursuant to this Contract."

    l


    "Subcontractor understands and will comply with Section 20.055(5) of the Florida Statutes and thereby agrees to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to that section."


  8. Contract Documents. The Contract Documents consist of the following and are incorporated and made part of this Contract by reference:

  1. This Contract.

  2. Exhibit A: Scope of Work.

  3. Exhibit B: Application for Payment Form.

  4. Exhibit C: Contractor's Affidavit Form.

  5. Exhibit D: Certificate of Compliance with the Florida Trench Safety Act.

  6. Exhibit E: Quote Form Executed.

  7. Quote Documents, which include the Contractor's Quote. Any provisions in the quote submittal other than the information specifically requested are not part of this Contract and shall be omitted or stricken.

  8. Instructions for Submitting Quotes.

  9. Proof of Insurance.

  10. Bond(s).

  11. Drawings.

  12. Addenda (numbers l to .1,

    inclusive).

  13. Subcontractor list.

  14. Documentation of changes mutually agreed upon after Contract execution.


There are no Contract Documents other than those listed above.


  1. Termination. Upon 24 hours written notice (may be delivered by electronic mail), the Authority may terminate this Contract without cause. In such case, the Contractor would be paid for completed accepted work and expenses for materials and equipment sustained prior to the notice of tennination. Contractor will not be paid for loss of anticipated overhead, profits, or revenue or other economic loss arising out of such termination.


  2. Sovereign Immunity. The Authority expressly retains all 1ights, benefits, and immunities of sovereign immunity in accordance with Section 768.28, Florida Statues. Notwithstanding anything set forth in any section, article or paragraph of this Contract to the contrary, which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature, and the cap on the amount and liability of the Authority for damages, attorney fees and costs, regardless of the number or nature of claims in tort, equity or contract, shall not exceed the dollar amount set by the Florida Legislature for tort. Nothing in this Contract shall inure to the benefit of any third


    patiy for the purpose of allowing any claim against the Authority which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law.


    ll. Public Records. All comments, papers, letters, maps, books, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristic, or means of transmission , made or received pursuant to law or ordinance or in connection with the transaction of official business by the Authority are public records of the Authority in accordance with the Florida Constitution and Florida Statutes. Every person has the right to examine, inspect and/or copy any such public records not specifically made exempt therefrom by provisions of the Florida Statutes. Any financial or proprietary information relating to the Contractor transmitted to the Authority may be a public record subject to disclosure to a requesting third person.


    The Contractor agrees to comply with the Florida Public Records Act, as applicable, including, but not limited to Section 119.0701 of the Florida Statutes. Documents which are considered public records herein under Florida law include, but are not limited to: records related to the entry, management and implementation of the Contract itself; emails/correspondence between the Authority and the Contractor related to the Contract; emails or correspondence from all other entities related to the Contract (i.e., subcontractors, suppliers, vendors, etc.); billing and related documents; plans or other documents that may be necessary, reports, etc.; subcontracts; and all vendor invoices . The Contractor agrees, to the extent required by law, to:

    1. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in performing the services of the Contract.

    2. Provide the public with access to the public records under the same terms and conditions that the Authority would provide the records and at a cost that does not exceed the cost provided for by law.

    3. Ensure that the public records that are exempt or confidential, and exempt from public record disclosure requirements, are not disclosed, except as authorized by law; and

    4. Meet all requirements where retained public records and transfer, at no cost, to the Authority , all public records in possession of the Contractor, upon termination or completion of the Contract and destroy any duplicate public records that are exempt or confidential, or exempt from public record disclosure requirements.

Furthennore, the Contractor agrees that all records stored electronically shall be provided to the Authority in a fonnat that is compatible with the infonnation technology systems of the Authority. The Contractor shall promptly provide the Authority with a copy of any request to inspect or copy public records that Contractor receives and a copy of the Contractor's response to each request. The Contractor understands and agrees that failure to provide access to the public records shall be a material breach of the Contract and grounds for tenn ination.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO TIDS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC


RECORDS AT THE AUTHORITY TDAUGHERTY@PORTMANATEE.COM, 200

PALMETTO, FL 34221.

AT (941) 722-6621, TAMPA BAY WAY,

THE CONTRACTOR ACKNOWLEDGES THAT THE AUTHORITY CANNOT AND WILL NOT PROVIDE LEGAL OR BUSINESS ADVICE TO THE CONTRACTOR WITH RESPECT TO ITS OBLIGATIONS PURSUANT TO THIS SECTION RELATED TO PUBLIC RECORDS. THE CONTRACTOR ACKNOWLEDGES THAT IT WILL NOT RELY ON THE AUTHORITY OR ITS ATTORNEY TO PROVIDE SUCH BUSINESS OR LEGAL ADVICE AND THAT CONTRACTOR HAS BEEN ADVISED TO SEEK PROFESSIONAL ADVICE WITH REGARD TO PUBLIC RECORDS MATTERS ADDRESSED BY THIS CONTRACT.


  1. Independent Contractor. This Contract does not create an employee/employer relationship between the Parties. It is the Parties' intention that the Contractor, its employees, sub-contractors, representatives, volunteers, and the like, will be an independent contractor and not an employee of the Authority for all purposes, including, but not limited to, the application of the following, as amended: the Fair Labor Standards Act minimum wage and overtime payments, the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State of Florida revenue and taxation laws, the State of Florida workers' compensation laws, the State of Florida unemployment insurance laws, and the Florida Retirement System benefits. The Contractor will retain sole and absolute discretion in the judgment on the manner and means of carrying out the Contractor's activities and responsibilities under this Contract.


  2. Miscellaneous Terms.

    1. Governing Law and Venue. This Contract is governed by the laws of the State of Florida. Venue for the purposes of any suit, action, or other preceding arising out of, or relating to, this Contract will be solely within the Twelfth Judicial Circuit, in and for Manatee County, Florida for state actions and solely in the United States District Court of the Middle District of Florida, Tampa Division for federal actions. In the event of any dispute that occurs between the Paiiies, which results in litigation and a subsequent award or decree against either party it is agreed that entitlement to post judgment interest to either party and their attorney will be fixed by the proper court at a rate of 5% per annum simple interest. Under no circumstances will either party be entitled to prejudgment interest and the parties expressly acknowledge to the extent allowed by law they hereby opt out of any provision of federal or state statutes not in agreement with this.

    2. Validity. Severabilitv and Reformation. The validity, interpretation, construction, and effect of this Contract will be in accordance with and be governed by the laws of the State of Florida. Any provision or part of this Contract held to be void or unenforceable under any law will be deemed stricken, and all remaining provisions will continue to be valid and binding upon the Parties. The Parties agree that this Contract shall be reformed to replace such shicken provision or part thereof with a valid and enforceable


      provision which comes as close as possible to expressing the original intention of the stricken provision.

    3. Inspection. Contractor understands and will comply with Section 20.055(5) of the Florida Statutes and thereby agrees to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to that section.

    4. Assi rmment and Construction of Contract. Any assignment of this Contract, without the Authority's written consent, is void. The Contractor shall require all subcontractors adhere to the appropriate provisions of this Contract and the utilization of any such subcontractor by the Contractor will not relieve the Contractor from any liability or responsibility to the Authority pursuant to the provisions of this Contract. The Parties agree that in any event of litigation concerning the construction of this Contract or interpretation of any language used in this Contract, that this Contract and any of its provisions will not be construed against the Authority by virtue of this Contract having been drafted by the Authority.

    5. Entire Agreement/Inten)retation. This Contract embodies the entire agreement of the Parties. There are no promises, terms, conditions, or allegations other than those contained in this Contract, and this document will supersede all previous communications, representations, and/or agreements whether within or verbal between the Patties. Paragraph headings are inserted for convenience only and do not constitute counterparts to the general conditions.

    6. Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of the Contract will neither be deemed a waiver of such, nor will any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. Any waiver, alteration, or modification of any of the provisions of the Contract, or cancellation or replacement of this Contract, will not be valid unless in writing and signed by the Parties.

    7. Notices. Unless otherwise provided in this Contract, any notice or communication which the Patties may desire to give will be deemed sufficiently rendered or given if the notice is in writing and sent by personal delivery, or via certified mail, return receipt requested, addressed to the addresses stated above. The time of rendition of such notice or communication will be deemed to be the time when the same is mailed, left, or delivered as provided in this Contract. Either party may provide a change of address notice, with said change of address notice effective upon receipt.

    8. Survival. All representations, indemnifications, warranties and guarantees made in or required by or given in accordance with this Contract, as well as continuing applications indicated in the Contract, will survive final payment completion, acceptance of work or tem1ination or completion of Contract or termination of the services by the contractor.


,, IN 'Yl'fNESS WHEREOF, ,A.1,1thority and Contractor have signed this Contract. ,

., This Contract will be effectiv o·n v:el- / 2020 ( e"Effective Date''). .'


MANATEECOUNTYPORTAUTHORITY


By: Charr


ATTEST: ANGELINA "ANGEL" COLONESSO

Clerk of the Circuit Court



By: WITNESSES:


CONTRACTOR

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By: Clinton Lalla. Title; Vice President

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to

sign.)

License No.: (where applicable)

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Exhibit A - "SCOPE OF WORK"

Phase I and Phase II Track Rehab Project


\

The Manatee County Port Authority (the "Authority") is inviting qualified Contractors interested in bidding on the construction and rehabilitation of approximately 13,595 feet ofrail trackage. Federal Railroad Administration requires a CSX flagman to provide roadway worker protection for any operations adjacent to the CSX Mainline. All project costs for subcontracted labor inclusions required in correlation to this project should be included in the total project cost.


THE BIDDIER AGREES TO COMPLY WITH BUY AMERICA PROVISIONS SET FORTH IN 49 U.S.C.

22905(a) FOR THE PROJECT. Additional guidance on compliance with the Buy America provisions is available on FRA's website at: http://www.fra.dot.gov//Page/P0185.


  1. Job 1 (See Diagram 1)

    1. Surface South side curves 2 ea. North end (A) - 737 ft of track.

    2. Replace 85 ea. 6 in x 8 in x 8 ft - 6 in crossties (grade 3 crossties; 100% end plated) to the west complex switch.

    3. South end (B) surface 683 ft. of track, replace 40 ea. 6 in x 8 in x 8 ft - 6 in. crossties from clearance marker to south dock crossing.

    4. Surface, line and cross level all tracks with a 2 in pull using #4 granite ballast. e. Dispose of old removed crossties off site.

( 2. Job 2 (See Diagram 1)

  1. Main line Reeder Road to Main line switch West end, 1520 ft of track.

  2. Replace 242 ea. defective 6 in x 8 in x 8 ft - 6 in crossties (grade 3 crossties; 100% end plated).

  3. Replace 200 ea. loose or defective track bolts as needed.

  4. Surface line and cross level same 1520 ft of trackage with a 2 in pull using #4 granite ballast.

  5. Dispose of all crossties offsite.


  1. Job 3 (See Diagram 1)

    1. Complete rebuild of Main line from Southside switch west to Coastal switch, 584 ft

      of track, using 115 lb RE rail, 7 in x 9 in crossties spaced on 20 in centers crossties (grade 3 crossties; 100% end plated), double shouldered tie plates, 6-hole joint bars, necessary new track spikes and joint bolts with every third tie box

      anchored.

    2. Surface, line and cross level same 584 ft of trackage with a 6 in pull using #4 granite ballast.

    3. Dispose of old removed rail and OTM on site. d. Dispose of all removed ties offsite.


  2. Job 4 (See Diagram 2)

    1. Complete tear up and rebuild of Main line from switch at Eastern Ave west, including crossing, to ( Kinder Morgan crossing, 695 ft of trackage, using 115 lb RE rail, 7 in x 9 in crossties spaced on 20 ( in centers crossties (grade 3 crossties;

      r-

      100% end plated), double shouldered tie plates, 6-hole joint bars, necessary new track spikes and joint bolts with every third tie box anchored.

    2. Surface, line and cross level same 695 ft of trackage with a 6 in pull using #4 granite ballast.

    3. Dispose of old removed rail and OTM on site. d. Dispose of all crossties offsite.

      e. Repave crossing with asphalt.


  3. Job 5 (See Diagram 2)

    1. Complete tear up and rebuild of track from last long crosstie of the switch on the North side of North Dock St heading west to the crossing East of Kinder Morgan dump shed, 664 ft. of trackage and the remaining 618 ft. of trackage, including the

      #8 turnout on the West side of the dump pit shed, to the existing bumping post at the West end of the dump pit track, using 115 lb. RE rail, 7 in x 9 in crossties spaced on 20 in centers crossties (grade 3 crossties; 100% end plated), double shouldered tie plates, 6-hole joint bars, necessary new track spikes and joint bolts with every third tie box anchored.

    2. Remove existing sub-ballast in (16 ft. W x 664 ft. L) area on the eastside of

      the dump shed, approximately 4 inches in depth, disposing of on port property as directed.

    3. Install a 4-inch thick layer of compacted DOT lime rock road base in same (16 ft. W x 664 ft. L) area, on the eastside of the dump shed.

    4. Surface, line, and cross level same 1282 ft of trackage and 1 each #8 turnout with a 6 in pull using #5 A granite ballast.

      \ e. Dispose of old remove rail and OTM on site. Dispose of all crossties offsite.

      (\


      Phase II Track Rehab Project


  4. Job 6 (See Diagram JOB AID #1)

    1. Surface the south end of the interchange #1 track, from first wooden crosstie on south end north to second set of cement crossties - approximately 1,555' of

      track (assuming an average 2" lift on the track).

    2. Replace 250 ea. 6 x 8 crossties (grade 3 crossties; 100% end plated) in that same area of track.

    3. Replace 115 ea. loose or defective track bolts as needed.

    4. Contractor is responsible to coordinate and pay for CSX flagman for this job within CSX property boundaries for RWP.

    5. Dispose of all crossties offsite.



      (

      ----

  5. Job 7 (See Diagram JOB AID #1)

    1. Surface south end of interchange #2 Track, from first wooden crosstie on south end north to cement crossties - approximately 1,431' of track (assuming an average 2" lift on the track).

    2. Replace 250 ea. 6 x 8 crossties (grade 3 crossties; 100% end plated) in that same area of track.

    3. Replace 95 ea. loose or defective track bolts as needed. d. Dispose of all crossties offsite.

e. Contractor is responsible to coordinate and pay for CSX flagman for this job within CSX property boundaries for RWP.

r 8. Job 8 (See Diagram JOB AID #1)

  1. Scrap yard Turnout - Change out a full set of #8 turnout switch ties throughout the turnout using CSX Spiking Pattern.

  2. Tighten all track bolts throughout the switch.

  3. Install new #8 100 lb. RE Rail Bound manganese frog.

  4. Surface, line and cross level the turnout on #4 granite ballast through to scrap track turnout (approximately 120' total including the turnout).

  5. Dispose of all removed ties offsite.

  6. Contractor is responsible to coordinate and pay for CSX flagman for this job within CSX property boundaries for RWP.


  1. Job 9 (See Diagram JOB AID #1)

    1. Replace and install new 16-6" 100 LB. RE Switch point and stock rail on curved side in the CSX Interchange switch on the south end. Install new replaceable top portion only of FM switch point Guard.

    2. Change out a full set of #8 turnout switch ties through turnout using CSX Spiking Pattern.

    3. Tighten all Track bolts throughout the switch.

      l

    4. Replace 12 ea. 6 x 8" grade ties (Grade 3 crossties; 100% end plated) in scrap yard track in order to replace switch ties in interchange switch.

    5. Surface, line, and cross level the turnout on #4 granite ballast through to scrap track turnout (approximately 120' total including the turnout).

    6. Dispose of removed ties offsite.

    7. Contractor is responsible to coordinate and pay for CSX flagman for this job within CSX property boundaries for RW10. Job 10 (See Diagram JOB AID #2)

      1. Surface north new track - approximately 1,291' of track (assuming an average 2" lift on the track).

      2. Replace 210 ea. 6 x 8 crossties (grade 3 crossties; 100% end plated) in that same area of track.

      3. Replace 80 ea. loose or defective track bolts as needed. d. Dispose of al l crossties offsite.


  2. Job 10 {See Diagram JOB AID #2)

    1. Surface north new track - approximately 1,291' of track (assuming an average 2" lift ontrack).

    2. Replace 210 ea. 6 x 8 crossties; (grade 3 crossties; 100% end plated) in that same area of track.

    3. Replace 80 ea. Loose or defective track bolts as needed.

    4. Dispose of all crossties offsite.


  3. Job 11 (See Diagram JOB AID #2)

    1. Surface south new track- approximately 1,291' of track (assuming an average 2" lift on the track).

    2. Replace 240 ea. 6 x 8 crossties (grade 3 crossties; 100% end plated) in that same area of track.

    3. Replace 80 ea. loose or defective track bolts as needed. d. Dispose of all crossties offsite.

      r

  4. Job 12 (See Diagram JOB AID #3)

    1. Surface south van ply track - approximately 653' of track (assuming an average 4" lift on the track).

    2. Replace 210 ea. 6 x 8 crossties (grade 3 crossties; 100% end plated) in that same area of track.

    3. Replace 36 ea. loose or defective track bolts as needed. d. Dispose of all crossties offsite.


  5. Job 13 (See Diagram JOB AID #3)

    1. Tear out and remove Kinder Morgan mainline crossing - approximately 80 track ft. down to base.

    2. Rebuild track using 115 lb. RE rail with new AREMA approved concrete crossties and fasteners on 20 in. centers.

    3. Install new French drain and add necessary ballast up to grade. d. Perform Orgo-Therm welds on joints that will be under asphalt.

      1. Surface, line, and cross level same 80 ft. using #4 granite ballast as needed.

      2. Dispose of removed rail on site as directed. Dispose of all removed crossties offsite.


  6. Job 14 (See Diagram JOB AID #3)

    1. Demo and rebuild 20 Ft. of mainline trackage west of Kinder Morgan crossing up to track #2 switch points.

    2. Rebuild track using 115 lb. RE rail, with 7in. x 9 in. crossties spaced on 20 in. centers, double shoulder tie plates, 6-hole joint bars, necessary new track spikes and joint bolts, with every third tie box anchored.

    3. Surface, line and cross level same 20 ft of track. using #4 granite ballast as needed.

      ( d. Dispose of removed rail on site as directed. Dispose of removed crossties offsite


  7. Job 15 (See Diagram JOB AID #3)

    1. Completely demolish and reconstruct track #2 turnout (#8) using 115 lb. RE rail, with

      7 in. x 9 in. switch ties spaced on 20 in. centers, double shoulder tie plates, 6- hole joint bars, necessary new track spikes and joint bolts, with every third tie box anchored.

    2. Surface, line and cross-level the turnout using #4 granite ballast as needed.

    3. Dispose of removed rail on site as directed. Dispose of all removed crossties offsite.


  8. Job 16 (See Diagram JOB AID #3)

    1. Surface Track #2 - approximately 818' of track (assuming an average 2" lift onthe track).

    2. Replace 310 ea. 6 x 8 crossties (grade 3 crossties; 100% end plated) in that same area of track.

    3. Replace 60 ea. loose or defective track bolts as needed. d. Dispose of all crossties offsite.


  9. Job 17 (See Diagram JOB AID #3)

    1. Surface Track #1 - approximately 850' of track (assuming an average 2" lift on the track).

      ( b. Replace 360 ea. 6 x 8 crossties (grade 3 crossties; 100% end plated) in that same area of track.

      ( c. Replace 64 ea. loose or defective track bolts as needed.

      d. Dispose of all crossties offsite.

      r


  10. Job 18 (See Diagram JOB AID #3)

    1. Item 1 Coastal Switch, replace and install new 16 ft. - Gin. 100Ib. RE switch point and 39' stock rail on turnout side. Install new complete FM switch point guard.

    2. Install 7 - each new 7 in. x 9 in. x 9 ft. switch ties in the same turnout with 14 - each new adjustable switch plates.

    3. Install 2 - each new 16 ft. head block ties under points and 1- each 7in. x 9 in. x 8 ft. - 6 in. cross tie in

      front of points. all spaced on 20 in.

    4. Dispose of removed rails & switch point on site. Dispose of all removed cross ties off site.


Alternate Bid Item:


Pricing for any additional 8 ½ ft. x 6" x 8" crossties (grade 3 crossties, 100% end plated) needed.


Installed price _

[


(

L

Exhibit A-1- Sch_tm1atic R::}ilroad-Phases I and II - Project Parameters


( ,ll Work is deemed complete only upon satisfaction of the Authority. Contractor shall provide all of the necessary labor, equipment and materials to perform the work according to industry standards and regulatory requirements. Contractor shall report any conflicts as soon as discovered.

Contractor shall work around the shipping/ rail activity and must coordinate project operations with Buddy Neal, Port Manatee Railroad Yard Master- Phone# 941-650-3157. Working outside ordinary business hours is subject to prior Port approval. Contractor shall identify and abide by all applicable laws, regulations and codes. Contractor shall implement all necessary environmental protection measures. Contractor shall clean up and remove from the Port any and all unused material, repair any damage caused, and restore all impacted ground and infrastructure beyond the work limits to its pre-construction state and function. Contractor is responsible for ensuring the safety of workers and others.

Contractor shall comply with Port Security requirements. Everyone who needs to work on Authority property must have a TWIC card or be escorted by someone with a TWIC card. TWIC escorts will not be provided by the Authority, except for any pre-bid meetings. A TWIC card holder may escort up to four other non-TWIC card holders. The others must be badged every day. The TWIC card holder must be present every day when the others are badged. The group must stay together. The TWIC card holder may not leave the Authority without the group the TWIC card holder escorted onto Authority property.


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CONDUCT ORS JOB


AID # 2


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PHASE 1 SEAPORT GRANT TRACK REHAB AREAS

JOB# 1- S c\UtJ.iS i ¥¥R ?rn 2 rUND 737FT. AND

JOB# 2- NMNsVNRDOI Ewi ET t :f§ETO SWITCH


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JOB# J- i ¼r1 ¥D'.

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IAGRAM 1


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'AT ENfflANCE &: OlT CF DUI.IP PIT, RU88ffi DD.TING MA.TERI HANQNC lH fOOL a=' RAII.CAAS "8 WARL• ST'EU. Dt:AM 7FUFROM C:OfTDU.NE (PEffil.AliOIT Q.OSE QLARArl CE)

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ADDEO 12/4/lfO R/R mACKS


DIAGRAM l


120 FT. SOUTH TO SCRAP YARD TURNOUT


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DIAGRAM 2

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CONDUCTORS JOB AID # 3

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CONSOLIDATED INFRASTRUCTURE AND SAFETY IMPROVEMENTS GRANT

I TRACK REHAB PROJECTS AREAS


Berth 7


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JOBi 7- SOUTH VAN PLY TRACK- 653 FT. OF TRACKAGE

JOB 8- KINDER MORGAN MAINLINE CROSSING- SOFT. OF TRACKAGE JOB 9- 20FT. WEST OF KINDER MORGAN CROSSING TO

TRACK #2 SWITCHPOINTS

JOBi 10- TRACK #2 SWITCH & TURNOUT JOB 11-TRACK #2 - 818FT. OF TRACKAGE JOB 12-TRACK #1 -850FT. OF TRACKAGE JOB 13-COASTAL XING SWITCH

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    APPLICATION FOR PAYMENT

    OWNER:

    Manatee County Port Authority 300 Tampa Bay Way , Suite 1 Palmetto, FL 34221


    CONTRACTOR:

    R. W. Summers Railroad Contractor Inc.

    3693 E. Gandy Rd Bartow FL 33830

    PROJECT:

    Manatee Port Track Rehab Manatee County Port Authority

    APPLICATION NUMBER:

    WORK CATEGORY NO: PERIOD ENDING:

    CONTRACT WORK: Manatee Port Track Rehab

    PROJECT NUMBER: 20-115


    PERCENT COMPLETE


    PREPARED BY: Monica Fernandez


    A. W. SUMMERS RAILROAD CONTRACTOR, INC.


    JG93 E. GAN DY ROAD

    :! ARTO W, FLO RIDA 33R30

    {86.1) 53J•0 107

    FAX (063 ) 533-8 100


    DISTRIBUTION:


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    APPLICATION FOR PAYMENT-SUMMARY

    Refer to continuation sheets attached for detailed breakdown.

    CONTRACTOR'S CERTIFICATION:


    1. ORIGINAL CONTRACT AMOUNT:


      1,098,909.00


      The Contractor declares that to the best of his knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid to him for Work for which previous Certificates for Payment were

    2. NET CHANGES TO CONTRACT: issued and payments received from the Owner, and that current payment shown herein is now due.

    3. TOTAL CONTRACT AMOUNT:

    4. TOTAL COMPLETED AND STORED TO DATE:

      1,098,909.00

      CONTRACTOR: R.W.Summers Railroad Contractor, Inc. DATE:

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    5. RETAINAGE:

      State: _F_L

      Count ry: _U_S_A _

      1. 0% % of Completed Work

      2. 10% % of Stored Material

        Subscribed & sworn to before me

        this day of

        Total Retainage :


    6. TOTAL COMP LETED LESS RETAINAGE:


    7. LESS PREVIOUS APPLICATIONS:


    8. CURRENT PAYMENT DUE:


    9. BALANCE TO FINISH INCLUDING RETAINAGE:

    Notary Public Name: Monica Fernandez

    Commission Expiration Date:

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    1,098,909 .00


    EXTRA WORK SUMMARY ADDITIONS DELETIONS


    Total:

    Net Changes :


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    PAYMENT APPLICATION DETAIL



    FRO : R.W. Summers Railroad Contractor

    WORK: Manatee Port Track Rehab


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    PROJECT: M3nateo Part Track Rehab

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    l'IOSl< CATBlOnY I COMPLETED WORK TAJNAOE

    OetcrtpUon Schodulod Work Comp l•t.d From fita""1llil1 Prat1nt$y 1obtl Coropfatld And/ Total \ BA= TO

    Quantity Value Pr11.ulou1 A,ppUcatlon Units Tbl G Porkxt Thll Period l,_ S- lo -,ad - 1- -0 -, s t=ord.-_T_o O_. to t - -v-.i- .. -- I - %----< 110%)

    a f) 0 H l / ' t 1t L 0

    Pha<O I & 11 Mobllizallon - Job 1 thn.i 18 LS

    Phoso I Job 1 LS

    Pho•• I Job 2 LS

    Pha.. I Job 3 LS

    Pho,e I Job 4 LS

    Phase I Job 5 LS

    Phase II Jobe LS

    Phaso II Job 7 LS

    Pha:to II Jobe LS

    Phaee II Job 9 LS

    Phase II Job 10 LS

    Phaso II Job 11 LS

    Phaae II Job 12 LS

    Phaso II Job 13 LS

    Phuoll Job 14 LS

    Phosa II Job 15 LS

    Phase II Job 16 LS

    Phase II Job 17 LS

    Phase II Job 18 LS

    Pheae II Mobilization for Frog Installation LS





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    $32, 563.00

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    $-


    $-

    Total BallO Controci Ylor1<:








    $1, 098,909.CO



























    $-


    S-



    0I% $1,0H,909,00

    $-

    $1, 0 9, 88 09.00I


    Tot.II E>Ctn Wori<

    - - - - - - - - - - - - - - - - G--RA-N, -OC_T"' O_TAL -,!-

    -

    -

    -

    +- -

    -

    -

    -+ - - - -

    S-

    t-$1, - 0- 9,B 9- 0-9. - 0-i0 l- -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -$ c_--

    -

    -

    -

    -

    -

    -;- -

    -

    -

    -

    -

    $-

    - $c-- -

    -

    -

    -

    -

    -

    $-

    - .$,- -l t,--

    -

    S

    -S c:--

    -

    -

    • Summary of Pay Items

    No: 20-115


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    Exhibit C - CONTRACTOR'S AFFIDAVIT



    STATE OF FLORIDA MANATEE COUNTY


    Before me, the undersigned authority, personally appeared Clinton Lalla

    ,who, being duly sworn, deposes and says of his or her personal knowledge that:


    1. He or She is the Vice President of R.W. Summers Railroad Contractor. Inc., which does business in the State of Florida, hereinafter referred to as the Contractor.

    2. Contractor, pursuant to contract with the Manatee County Port Authority, hereinafter referred to as "Authority", has furnished or caused to be furnished labor, materials, and services for the construction of certain improvements to real property located in Manatee County, Florida as more particularly set forth in said contract.

    3. Said improvements have been fully completed and the Contract For Phase I - Track Rehab Project ("Construction Contract") entirely performed to the final stage of pay out as prescribed in the Construction Contract between Contractor and Authority, and that all lienors as defined by Chapter 713, Florida Statutes, have been paid all sums due them up to the date ohhis Affidavit except the following ones who are due the respective amounts set opposite their respective names:

      Name Amount



      image image



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    4. There is now due Contractor a Final Payment for the payout stage mentioned above under the Construction Contract in the amount of$ _, leaving the amount of

      $_ _ _ _ _ _ _ _ _ _ _ _ to be paid upon completion of all punch list items; that Contractor has in no way assigned, pledged, or hypothecated the Construction Contract or any amount due or to become due thereunder; that payment to Contractor of said sum shall constitute a full release by Contractor of any and all claims arising out of the Construction Contract.


    5. Contractor has not entered into any agreement by which any security interest under the Uniform Commercial Code has attached to the above described property .


    6. Affiant is an officer of the Contractor having personal knowledge of the foregoing facts and duly authorized to execute this Affidavit.


    7. This Affidavit is made for the purpose of inducing Authority to pay and disburse the Final Payment for the final stage of pay out of the Constrnction Contract hereinabove mentioned .


    CONTRACTOR


    BY: CHnton _L 9 ll a, Vice President


    FOR: R.W . Su_Q1mers Railroad Contractor, lny.


    Sworn to and acknowledged before me this 9th day of November , 2020, by Clinton Lalla

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    of cRo.Wnt.rascutmormlearcs Railroad

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    , a Fl.ond

    a corpor.at10n, onb

    eh alf of ht e corporati·on. H e/s-he 1·s personaJIy known

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    to me or has produced a Florida driver's license as identification.


    _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, Notary Public, Commission No. _


    , Name of Notary type, printed or stamped


    STATE OF FLORIDA

    COUNTY OF Polk

    Persona11y appeared before me, the undersigned authority Clinton Lalla

    sworn by me, affixed his /her signature in the space provided above on this Jllb.

    - - 20:ZO.


    who, after first being day of November


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    , Notary Public, Commission No. G6- 10 ...,;


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    ,,,\ - ,,,,,

    ljl t l

    w---£.f. .-;;

    .,,,,,fl.,\ ,,,...

    MONICA FERNANDEZ

    Notary Public, State of Florida My comm. expires May 14, 2021 Commission Number GG 10(068

    mooi QL hr<V>,N/ez_ , Name of Notary type, printed or stamped




    Exhibit D - TRENCH SAFETY SWORN STATEMENT


    The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the period of constrnction of the Project.

    Bidder acknowledges and issues this sworn statement that included in the Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of FL) effective October I, 1990, and hereby gives assurance that, if awarded the Contract, the Contractor or Subcontractor performing trench excavation work on the Project will comply with the applicable trench safety standards. The Bidder further identifies the costs as follows:


    Trench Safety Item (Description) Cost


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    TOTAL $_0.o o _


    THIS IS NOT A PAY ITEM: The purpose of this form is to gather information on the costs associated with trench safety measures and to insure that the Bidder has considered these costs and included them in the Total Estimated Base Bid and the Total Estimated Additive Alternate Bid. Company will not receive additional payment if actual quantities differ from those estimated or if the Company uses a safety measure different than those listed.

    The undersigned assures that the entity will comply with the applicable Trench Safety Standards and agrees to indemnify and hold harmless the Authority and Engineer, and any of their agents or employees from any claims arising from the failure to comply with said standard. The undersigned, in submitting this Bid, represents that he has reviewed and considered all available geotechnical information and made such other investigations and tests as he may deem necessruy to adequately design the trench safety system he will utilize on this project.

    FAILURE TO COMPLETE THE ABOVE SHALL RESULT IN THE BID BEING DECLARED NON­ RESPONSIVE.


    COMPANY NAME : R.W. Summers Railroad Contractor , Inc.

    DATE: November 9, 2020 BY:


    PRINT NAME: -Clin-ton-Lalla'----------

    TITLE: Vice President


    image

    Phase I - Track Rehab Project Bid:

    $ 575)86.00

    Phase II -Trnck Rehab Project Bid:

    $ 523,123.00

    TOTAL PROJECT BID AMOUNT:

    (Project award will be based on total of Phase I and Phase II

    $ 1,0982909.00

    Alternate Bid Item:

    Pricing for any additional 8 ½ ft. x 6" x 8" crossties (grade 3 crossties, 100% end plated) needed. Installed price $'---14_8_._0_0.., p_e_r_ti_e

    Project Timeline from Date of Notice to Proceed to Completion: 210 Calender days

    Exhibit E - Quote Bid Worksheet



    Proiect Manager 10/26/20

    Signature:

    Title:

    Date:


    RW Summers Railroad Contractor. Inc.

    Company Name:


    Client#: 25121 RWSUMME

    I DATE (MM/DD/YYYY)




    11/09/2020

    THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

    IMPORTANT : ff the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be en d orsed . ff SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

    PRODUCER

    Lanier Upshaw, Inc.

    1115 US Hwy 98 South

    P.O. Box 468

    Lakeland, FL 33802

    2:Ji cT Angel McGhee

    JJJgNJo Ext): 863 686-2113 I riet Nol: 863 682-6292


    ifo')l ss: Angel.McGhee@Lanierupshaw.com

    INSURER(S) AFFORCING COVERAGE

    NAIC#

    INSURER A : Hartford Casualty lnsuranco Company

    29424

    INSURED

    R.W. Summers Railroad Contractor Inc.

    3693 East Gandy Road Bartow, FL 33830

    INSURER B : Amorlc an lnlorsbto Jn1uranc:o Co.

    31895

    INSURER C : Marko I Amorlc:an lnour.:rnco Co

    28932


    INSURER O :


    INSURER E :


    INSURER F:


    COVERAGES

    CERTIFICATE NUMBER: REVISION NUMBER:

    image

    1,,

    THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

    INSR LTR

    TYPE OF INSURANCE

    :]SUBR POLICY NUMBER

    POLICY EFF IMM/DDNYYY)

    grvm1


    LIMITS

    I WVD

    ,-

    A X COMMERCIAL GENERAL LIABILITY

    =:J CLAIMS-MADE OCCUR

    ,- X Bl/PD Ded:5,000

    ,_

    GEN"L AGGREGATE LIMIT APPLIESPER: POLICY [] PJERCOT- DLoc OTHER:

    A AUTOMOBILE LIABILITY

    - X ANY AUTO

    X X 21UENQM9781


    I

    I

    X X 21UENQM9781

    K}1/01/2020 01/01/2021 EACH OCCURRENCE

    W t;H ? E .\Wencel MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG


    01/01/2020 01/01/2021 fE 1 ? NG LE L I MI T

    J BODILY INJURY (Per person)

    s1000000 s300 000

    s10 000

    s1 000 000 s2,000,000

    s2,000,000

    s

    51,000,000

    s

    ALL OWNED -

    • AUTOS

      SCHEDULED AUTOS

      BOOILy INJURY (Per accident) s

    • X HIRED AUTOS

    NON-OWNED AUTOS

    PROPERTY DAMAGE

    s

    (Por .:iccidont)

    s

    -X

    3

    A UMBRELLA LIAB

    , OCCUR

    EXCESS LIAB CLAIMS-MADE oEo I xi RETENT10N s10000

    21HHUQM9782

    01/01/2020 01(01/2021 EACH OCCURRENCE

    AGGREGATE

    s9,000 ooo s9 ooo ooo s

    B

    WORKERS COMPENSATION

    AND EMPLOYERS' LIABILITY y IN

    y

    ANY PROPREI TOR/PARTNER/EXECUTIVE[y] OFFICER/MEMBER EXCLUDED?


    NIA

    X AVWCFL285847

    01/01/2020 01/01/2021L.fil tuIE._I 1g J H-

    E.L. EACH ACCIDENT


    s1 000 000

    (Mandatory In NH)

    Ir yes, describe under

    DESCRIPTINOOF OPERATIONS below

    C Rented or Leased Equipment


    MKLM31M00508


    01/01/2020 01/01/2021

    E.L. DISEASE- EA EMPLOYEE s1 000 000

    E.L. DISEASE - POLICY LIMIT s1,ooo,ooo

    $250,000 Limit

    1% of Limit of Item

    $1,000 Minimum Ded

    DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If moro spaco Is required)

    Certificate holder is included as additional insured in respects to general liability and auto liability on a primary and non contributory basis as required by written contract. Included coverage for 50 FT of railroad. Waiver of subrogation is provided to additional insured for general liability, auto liability and

    workers compensation. Umbrella follows form of general liability, auto liability and workers' compensation. RE: ITB#092220 Phase I and Phase II Track Rehab Project


    CERTIFICATE HOLDER CANCELLATION


    Manatee County Port Authority

    300 Tampa Bay Way Ste 1


    SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

    THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

    Palmetto, FL 34221



    AUTHORIZED REPRESENTATIVE


    I

    l :i-t..-t"d1,J o.


    ACORD 25 (2014/01) 1 of 1

    #S508691/M469461

    © 1988-2014 ACORD CORPORATION. All rights reserved.

    The ACORD name and logo are registered marks of ACORD

    ALM

    8AIA Document A310™ - 2010

    Bid Bond


    CONTRACTOR:

    (Name, legal status and address)

    R W Summers Railroad Contractor, Inc. 3693 East Gandy Road

    Bartow, FL 33830-8702

    OWNER:

    ( Name , legal status a11d address)

    Manatee County Port Authority 300 Tampa Bay Way, Suite 1

    Palmetto, FL 34221

    BOND AMOUNT:

    Five Percent of Bid Amount (5% of Bid Amount)

    PROJECT:

    SURETY:

    (Name, legal staflls and pri11cipal place

    of business) FCCllnsurance Company 6300 Univ ersity Parkway Sarasota, FL 34240-8424


    This document has important legal cons equences. Consultation with an attorney is encouraged with respect to its completion or

    mod ification.

    Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

    (Name, location or address, and Project number, if any)

    Phase I and Phase II - Track Rehab Project - 1TB # 092220


    Project Number, if any:


    The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns. jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either ( I) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be speci fied in lhe bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution lhereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which lhe Owner may in good faith contract with another party to pe1form the work covered by said bid, then this obligation shall be null and void, olhe1wise to remain in full force and effect. The Surety hereby waive s any notice of

    an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days .

    If this Bond is issued in connection wi th a sub contracto·r s bid to a Contractor, lhe term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

    When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in th.is Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein . When so

    furnis hed, the intent is that this Bond shall be constrned as a statutory bond and not as a common law bond.

    Signed and sealed lhis 27th day of October 2020

    R W Summers Railroad Contractor . Inc.

    image

    ( Principal) (Seal)

    image

    (Wit11ess)

    h L--


    image

    (Title)

    FCCI lr,_s1Jrance Company


    image

    image

    (Witness)

    4 ===:::_

    ..._ (Seal)

    (Title) Mark D. Pichowski, Attorney-in-F act


    image

    lnit.

    AIA Document A310"' - 2010. Copyrighi © 1963, 1970 and 201o by The Americ an Institute of Architect s. All rights reserved . WARNING : This Ali,Document Is protected by U.S. Copyright Law and lnternallonal Trealies. Unauthorized reproduction or distribulion ol this AIA'' Docur.,,;nt, or any portion of ii, may result in severe civil andcriminal penalties, and will be prosecuted to the maximum extent possible unde, the law. This

    document was created on 01/27/2012 07:23:12 under the terms ol AIA Documents-on-Demand'" ardor no. 2008397483., and is not for resale. This document is licensed by The Am erican Institute of Archite cts for one-lime use only, and may not be reproduced prior to its compl iion. 051,i o


    image


    FCC r

    JNSL'RA :--ICE

    u llOU P


    GENERAL POWER OF ATTORNEY

    Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation")does make, constitute and appoint:

    Janet Fitch; Mark D Pichowski; Karla Gehring;


    Each, its true and lawful Attorney-In-Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed $10,000,000.00): $10,000,000.00

    This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized