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RES NO 085-2024
RESOLUTION NO. 085 _aV�t A RESOLUTION AUTHORIZING THE APPROVAL OF MASTER AGREEMENT FOR RAISE GRANT AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL PROGRAM SUPPLEMENTAL AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION IN ORDER TO RECEIVE FEDERAL FUNDING FOR TRANSPORTATION PROJECTS. WHEREAS, the City of Bakersfield ("City") is eligible to receive Federal funding for certain transportation projects through the California Department of Transportation ("CalTrans"); and WHEREAS, Master Agreements and Program Supplemental Agreements need to be executed by the City and the California Department of Transportation before such funds can be claimed; and WHEREAS, Master Agreements are general and contain all of the terms of Federal funding, and include Program Supplemental Agreements, which are specific to each individual project; and WHEREAS, the last Master Agreement between the City and CalTrans was executed in 2007, and CalTrans has prepared a new Master Agreement known as the designated sub -recipient agreement which the City must execute to be eligible to receive transportation funding in the amount of $10,000,000 dollars for the RAISE grant from the Department of Transportation (DOT); and WHEREAS, the City Council approves each project and allocates funding for such project within the Capital Improvements Projects budget; and WHEREAS, the City desires to expedite receipt of federal transportation funds by authorizing the City Manager or designee alone to execute all Program Supplemental Agreements known as but not limited to Recipient Agreements and any amendments to those particular agreements. NOW, THEREFORE, BE IT RESOLVED, incorporating the above recitals herein, by the Council of the City of Bakersfield as follows: That the above recitals are true and correct. 2. All Master Agreements must be approved by the City Council. 3. The Master Agreement attached hereto as Exhibit "A" is hereby approved, and the City Manager or designee is authorized to execute the Program Supplemental Agreement and submit it to the Department of Transportation for execution. Page 1 �' 4. The City Manager or designee alone is authorized to sign all Program Supplemental Agreements with the California Department of Transportation required to access federal transportation funding for transportation projects through CalTrans. WITITITITIM HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUN 2 6 2024 , by the following vote: (a): NOES: ABSTAIN: ARSE F: APPROVED v COUNCIL MEMBER ARIAS, GONZALES, WEIR SMITH, FREEMAN, GRAY, KAUR COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER C\KZ KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JSHUA RUDNICK eputy City Attorney II Page 2 iA1UJ_ ULIE DRIMAKIS, CPMC, MMC CITY CLERK and Ex Officio of the Council of the City of Bakersfield �,9.ke2 04 u� r_- a OORIGINPL EX H I BIT A Recipient FY 2023 RAISE Discretionary Grant Program - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project FY 2023 REBUILDING AMERICAN INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY (RAISE) DISCRETIONARY GRANT PROGRAM RECIPIENT- DESIGNATED SUBRECIPIENT AGREEMENT This Federal Fiscal Year (FY) 2022-2023 project specific Rebuilding America Infrastructure with Sustainability and Equity (RAISE) Grant Program Recipient - Designated Subrecipient Agreement (Agreement) is between the State of California Department of Transportation (Caltrans) Division of Local Assistance (Recipient) and the City of Bakersfield, a City Government (Designated Subrecipient), collectively known as "Parties." RECITALS WHEREAS, RAISE Grant funds were provided under the authority of the Infrastructure Investment and lobs Act, Pub. L. 117-58 (November 15, 2021), and the Consolidated Appropriations Act, 2023, Pub. L. No 117-328 (Dec. 29, 2022) for fiscal year 2023 under the heading "National Infrastructure Investments," to carry out 49 U.S.C. § 6702; and WHEREAS, on November 30, 2022, the USDOT posted a funding opportunity through the Fiscal Year (FY) 2023, Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program at Grants.gov, with the funding opportunity title "FY2023 National Infrastructure Investments" and funding opportunity number DTOS59-23-RA-RAISE; and WHEREAS, this notice of funding opportunity posted at Grants.gov, as amended on January 5, 2023, and February 3, 2023, (the "NOFO") solicited applications for Federal financial assistance under the fiscal year 2023 RAISE Program; and WHEREAS, on or before February 28, 2023, the Designated Subrecipient applied for RAISE Grant funding from the United States Department of Transportation (USDOT) for the Chester Ave Connectivity & Climate Adaptation Project: A Gateway to Bakersfield High -Speed Rail Station Project (Project), which includes the project redevelopment of approximately 1.4 miles of Chester Avenue between Brundage Lane and Truxtun Avenue with complete streets enhancements, ADA accessible sidewalks, Class II bike lanes, roadway improvements and related infrastructure improvements including lighting and stormwater drainage improvements; and WHEREAS, the Designated Subrecipient's application for Project (Grant Application), referenced in section 1 of schedule A of the U.S. Department of Transportation Grant Agreement Under the Fiscal Year 2023 RAISE Program for Project between the USDOT and the Recipient, includes Standard Form 424 and all information and attachments the Designated Subrecipient submitted with that form through Grants.gov, and WHEREAS, on June 28, 2023, the USDOT announced application selections under the NOFO selecting Project for RAISE Grant funding in the amount of $10,000,000 for the Project; and Page 1 135 v�R,G�NP t FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project WHEREAS, in this Agreement, "RAISE Grant" means an award of these funds to Project that were made available through the NOFO; and WHEREAS, as a condition to receive the RAISE Grant, the USDOT requires the Recipient and the USDOT, to enter into the USDOT Grant Agreement Under the Fiscal Year 2023 RAISE Program Project Agreement for the Chester Ave Connectivity & Climate Adaptation Project: A Gateway to Bakersfield High -Speed Rail Station (USDOT Agreement) that awards and allocates $10,000,000 in RAISE Grant funding for the Project to the Recipient; and WHEREAS, this Agreement reflects the Recipient decision to subaward the RAISE Grant Project funding to the Designated Subrecipient; and WHEREAS, this Agreement reflects the Designated Subrecipient decision to receive the Subaward, defined in 2 C.F.R. § 200.1, of the RAISE Grant funding for the purpose of carrying out the Federal award; and WHEREAS, the Office of the Secretary of Transportation is responsible for the USDOT's overall administration of the RAISE Grant Program; and WHEREAS, the Federal Highway Administration (Administering Operating Administration) will administer the USDOT Agreement and this project, on behalf of the USDOT; and WHEREAS, the U.S. Department of Transportation General Terms and Conditions Under the Fiscal Year 2023 Rebuilding American Infrastructure with Sustainability and Equity Program: FHWA Projects (RAISE Terms and Conditions), dated June 23, 2023, is referenced as part of the USDOT Agreement and defines additional responsibilities and requirements that must be followed as a condition to receiving and using the RAISE Grant Program funding; and WHEREAS, the U.S. Department of Transportation Exhibits to Grant Agreements Under the Fiscal Year 2023 RAISE Program (Exhibits), dated June 23, 2023, is referenced in the RAISE Terms and Conditions and further defines responsibilities and requirements that must be followed as a condition to receiving and using the RAISE Grant funding; and WHEREAS, the Performance Measurement Guidance for the RAISE Discretionary Grant Program (Performance Measures), updated June 2023, is referenced in this Agreement and used in the USDOT Agreement and the RAISE Terms and Conditions to define responsibilities and requirements regarding the development, measurement, and reporting of project performance measures; and WHEREAS, the Parties want the Designated Subrecipient to carry out the Project with the Recipient acting as the "pass -through" entity for purposes of payment of the federal funds to the Designated Subrecipient, per the requirements on pass -through entities under 2 C.F.R. parts 200 et seq. and 1201 et seq., including 2 C.F.R. 200.331-200.333 and 23 U.S.C. 106(g)(4) where applicable; and Page 2 1 35 o`` `•2 v �n ORlGl.N,e.l,o FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project WHEREAS, for the purpose of 23 U.S.C. 106(g), the Recipient shall act as if funds under this award are Federal funds under title 23, United States Code; and WHEREAS, on or about July 12, 2016, the Parties, entered into a Administering Agency -State Agreement for Federal -Aid Projects agreement (Master Agreement); and WHEREAS, the Parties, will concurrently enter into this Agreement, which defines specific project responsibilities between the Designated Subrecipient and the Recipient for this project and include specific project responsibilities to USDOT that are necessary for the development and timely delivery of the Project; and WHEREAS, this Agreement further establishes oversight and delegation of responsibilities between the Recipient and the Designated Subrecipient, outlined in this Agreement, the Master Agreement, and as allowed per article 3.7(2) of the RAISE Terms and Conditions. The Parties therefore agree to the following: AGREEMENT ARTICLE I. DESIGNATED SUBRECIPIENT STATEMENTS AND RESPONSIBILITIES Section 1.01 Purpose (a) The purpose of this this subaward is to fund an eligible project that will have a significant local or regional impact and improve transportation infrastructure. The parties will accomplish that purpose by achieving the following objectives: 1) timely completing the Project; and 2) ensuring the award funds provided under this Agreement are not used as a substitute for non -Federal investment in the Project, except as proposed in the Grant Application and as modified by schedule D. Section 1.02 General Terms and Conditions (a) The Designated Subrecipient agrees to perform its duties and responsibilities under this Agreement in accordance with the most recently executed USDOT Agreement that includes and incorporates by this reference the following (as of the date of the Agreement): 1) the project specific USDOT Agreement, Article 1, Article 2, and Schedules A through K, included as part of this Agreement; and 2) the content of the RAISE Terms and Conditions dated June 23, 2023, under the FY 2023 RAISE discretionary grant program and includes without limitation Articles 1 through 30, which is available at: h_t_tps://www.transportation.gov/sites/dot.goy/files/2023-06/raise-fV2023-fhwa- general-terms-and-conditions-20230623.pdf ; incorporated by reference in the USDOT Agreement and this Agreement; and 3) the content of the Exhibits, dated June 23, 2023, under the FY 2023 RAISE discretionary grant program and includes without limitation Exhibits A through D, Page 3135 FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project Term B.1 with Appendices A through E, and Terms B.2 through B.4, which is available at: https://www.transportation.gov/sites/dot.gov/files/2023-06/raise-fy2023-fhwa- exhibits-20230623.pdf ; incorporated by reference in the USDOT Agreement and this Agreement; and 4) the content of the document Performance Measures under the FY 2023 RAISE discretionary grant program and includes without limitation Table 1: RAISE Performance Measures, which is available at: https://www.transportation.gov/sites/dot.gov/files/2023- 06/RAISE%20Performance%20Measurement%2OGuidance- %202023%20Update O.pdf ; incorporated by reference in the USDOT Agreement and this Agreement; and 5) the GRANT Application identified in section 1 of schedule A of the USDOT Agreement that includes Standard Form 424 and all information and attachments the Designated Subrecipient submitted with through Grants.gov for Project RAISE Grant. (b) During the performance of this Agreement and as a condition of receiving federal funding for Project, the Designated Subrecipient agrees to the following: 1) to be bound by the same requirements assigned to the Recipient found in the Exhibits including Exhibits A through D, Term B.1 with Appendices A through E, and Terms B.2 through B.4; and 2) to require the contractor, the contractors' assignees, and the contractors' successors in interest to agree to be bound by the requirements found in the Exhibits including Exhibits A through D, Term B.1 with Appendices A through E, and Terms B.2 through B.4, as applicable. (c) Performance under this Agreement shall be governed by and in accordance with the provisions referenced and listed in, but not limited to, the applicable provisions listed in Exhibit A of the Exhibits. (d) Specific covenants and assurances required to be included in the USDOT Agreement or this Agreement by any of the laws, regulations, executive orders, or circulars found in the above lists are hereby incorporated by reference into this Agreement. (e) The Designated Subrecipient acknowledges and agrees that the USDOT Agreement and this Agreement impose obligations on the Designated Subrecipient. The Designated Subrecipient further acknowledges that their non-compliance with this Agreement can result in remedial action, and may include one or more of the following: 1) termination of RAISE Grant, 2) disallowance of Designated Recipient costs incurred for the Project, 3) return of RAISE Grant funds invoiced by the Designated Subrecipient to the Recipient, and 4) reporting Designated Subrecipient non-compliance in the Federal -government -wide integrity and performance system. (f) The Designated Subrecipient agrees: 1) to comply (and require any sub -recipients, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the USDOT, the Page 435 Fri FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project FHWA's, and the Recipient's access to records, accounts, documents, information, facilities, and staff, 2) to permit any and cooperate with all program or compliance reviews, and/or complaint investigations conducted by the USDOT, the FHWA, or the Recipient, 3) to keep records, reports, and submit the material for review upon request to the USDOT, the FHWA, the Recipient, or their designee in a timely, complete, and accurate way, 4) to comply with all other reporting, data collection, and evaluation requirements, as prescribed by law, this Agreement, or detailed in program guidance, 5) to affirm all the statements and acknowledgements attributed to the Recipient under sections 3.1 and 3.2 of the RAISE Terms and Conditions, 6) to assume the Recipient's reporting obligations under Article 7 of the RAISE Terms and Conditions, 7) to comply with assurances and covenants assigned to the Recipient in the Exhibits, including any referenced documents and also documents that are incorporated by reference, 8) to give these assurances and comply with the covenants in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance extended after the date hereof to the Designated Subrecipient by the Recipient, the USDOT, and the FHWA under the FY 2023 RAISE discretionary grant program. 9) to agree these assurances and covenants are binding on the Designated Subrecipient, other recipients, sub -recipients, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the FY 2023 RAISE discretionary grant program. (g) The Designated Subrecipient will perform their duties under this Agreement in compliance with the USDOT Agreement. ARTICLE II. United States Department of Transportation ("USDOT") ROLE Section 2.01 Division of USDOT Responsibilities and USDOT Program Contacts. (a) The Office of the Secretary of Transportation is responsible for the USDOT's overall administration of the RAISE Program, the approval of this Agreement, and any modifications to this Agreement under section 20.01 of the RAISE Terms and Conditions. (b) The Federal Highway Administration (FHWA) will administer the USDOT Agreement on behalf of the USDOT. In this agreement, the "Administering Operating Administration" means the FHWA. (c) The Recipient will administer this Agreement on behalf of the FHWA. (d) These are the USDOT Program Contacts: FHWA RAISE Program Manager Federal Highway Administration Office of Freight Management and Operations 1200 New Jersey Avenue SE Page 5 1 35 >- a FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project Room E84-429 Washington, DC 20590 (202) 366-2639 or (202) 366-1200 FHWA-TIGER.Reports@dot.gov OST RAISE Grants Coordinator United States Department of Transportation Office of the Secretary 1200 New Jersey Avenue SE Room W84-227 Washington, DC 20590 (202) 366-8914 RAISEGrants@dot.gov Section 2.02 Recipient Responsibilities and Subaward Oversight. (a) The Recipient is the pass -through entity for purposes of payment of the federal funds to the Designated Subrecipient per the requirements on pass -through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331-200.333, and 23 U.S.C. 106(g)(4) where applicable. (b) For the purpose of 23 U.S.C. 106(g), the Recipient shall act and utilize the funds in accordance with requirements applicable to subawards of Federal Funds under Title 23, United States Code. Section 2.03 Designated Subrecipient Responsibilities. (a) The Designated Subrecipient is the project applicant, to which the Recipient subawards the grant of federal funds identified in section 1 of Schedule D of the USDOT Agreement for the purpose outlined in section 1.01 of this Agreement. (b) The Designated Subrecipient is assigned the responsibilities, including but not limited to, the administrative and oversight responsibilities for the purpose outlined in section 11.01 of this Agreement. ARTICLE I11. DESIGNATED SUBRECIPIENT ROLE Section 3.01 Statements on the Proiect. (a) The Designated Subrecipient agrees that: 1) all statements of fact in the Grant Application were accurate when that application was submitted; and 2) Schedule E in the USDOT Agreement documents all changes in the information contained in that Grant Application. Section 3.02 Statements on Authority and Capacity. (a) The Designated Subrecipient agrees that: 1) it has the authority to receive Federal financial assistance under this Agreement; and 2) it has the legal authority to complete the Project; and P a g e 6 1 35 �OAK�r2� OOR!GINA,L' FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project 3) it has the ability and capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this Agreement; and 4) not less than the difference between the total eligible project costs listed in section 3 of schedule D of the USDOT Agreement and the RAISE Grant Amount listed in section 1 of schedule D of the USDOT Agreement is committed to fund the Project; and 5) this RAISE Grant award does not substitute for non -Federal investment in the Project, except as proposed in the Grant Application, as modified by Schedule E of the USDOT Agreement; and 6) it has sufficient funds available to ensure that infrastructure completed or improved under the USDOT Agreement, and this Agreement will be operated and maintained in compliance with this Agreement, the Master Agreement, and applicable Federal law; and 7) the individual executing this Agreement on behalf of the Designated Subrecipient has authority to enter this Agreement and make the statements in this Articles III and XXI on behalf of the Designated Subrecipient. Section 3.03 USDOT and Recipient Reliance. (a) The Designated Subrecipient agrees that: 1) the USDOT relied on statements of fact in the Grant Application to select the Project to receive this award; and 2) the USDOT relied on statements of fact in both the Grant Application and the USDOT Agreement to determine that the Recipient, the Designated Subrecipient, and the Project are eligible under the terms of the 2023 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grants Notice of Funding Opportunity ("NOFO") DTOS559-23-RA-RAISE posted to Grants.gov on November 30, 2022; and 3) the USDOT relied on statements of fact in both the Grant Application and the USDOT Agreement to establish the terms of the USDOT Agreement; and 4) the Recipient relied on statements of fact in both the Grant Application and the Designated Subrecipient provided information provided for the USDOT Agreement to establish the terms of this Agreement; and 5) the USDOT's selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants. Section 3.04 Project Delivery. (a) The Designated Subrecipient shall complete the Project under the terms of this Agreement. (b) The Designated Subrecipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all the Federal laws, regulations, and policies that are applicable to the project and to projects of the Administering Operating Administration. Section 3.05 Rights and Powers Affecting the Proiect. (a) The Designated Subrecipient shall not take or permit any action that deprives it of any rights or powers necessary to the Recipient's performance under the USDOT Agreement and to the Designated Subrecipient's performance under this Agreement without written approval of the Recipient and the USDOT. Page 7135 T ` 0RIGINA.I FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project (b) The Designated Subrecipient shall act promptly, in accordance with all applicable law and in a manner acceptable to the USDOT and the Recipient, to promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient's performance under the USDOT Agreement and the Designated Subrecipient's performance under this Agreement. Section 3.06 Notification of Changes to Key Personnel. (a) The Designated Subrecipient shall notify all USDOT Project Contacts who are identified in section 5 of schedule A of USDOT Agreement and all Recipient Project Contacts who are identified in section 3 of schedule A of USDOT Agreement in writing within 30 calendar days of any change in key personnel who are identified in section 4 of schedule A of the USDOT Agreement. Section 3.07 Subaward to Designated Subrecipient. (a) Section 9 of schedule A of the USDOT Agreement identifies a Designated Subrecipient, and therefore: 1) the Recipient hereby awards a grant subaward to the Designated Subrecipient for the purpose described in section 1.01; and 2) the Recipient and the Designated Subrecipient have chosen to enter into this separate Agreement, to which the USDOT is not a party, to assign responsibilities, including administrative and oversight responsibilities, among the Recipient and the Designated Subrecipient; and 3) for the purpose of 2 C.F.R. parts 200 and 1201, the Recipient is a pass -through entity. Section 3.08 Designated Subrecipient Statements, Responsibilities, and Project Contacts. (a) Section 9 of schedule A of the USDOT Agreement identifies a Designated Subrecipient, and therefore: 1) the Designated Subrecipient affirms all statements and acknowledgments that are attributed to the Recipient under sections 3.1 and 3.2 of the USDOT Agreement; and 2) the Designated Subrecipient assumes the Recipient's reporting obligations under articles 7 and 8 of the RAISE Terms and Conditions. (b) Designated Subrecipient Project Contacts are listed in section 9 of Schedule A of the USDOT Agreement. Section 3.09 Title 23 Oversight Responsibilities and Subawards (a) Section 9 of schedule A identifies a Designated Subrecipient; and therefore, for the purpose of 23 U.S.C. 106(g), the Recipient shall act as if funds under this award are Federal funds under title 23, United States Code. ARTICLE IV. AWARD AMOUNT, OBLIGATION, AND TIME PERIODS Section 4.01 Federal Award Amount. (a) The USDOT awards a RAISE Grant to the Recipient in the amount listed in section 1 of schedule D as the RAISE Grant Amount. (b) Therefore, the Recipient hereby subawards a RAISE grant to the Designated Subrecipient in the amount listed in section 1 of schedule D of the USDOT Agreement as the RAISE subaward Grant Amount. Section 4.02 Federal Funding Source. Page 8135 ORIGIN,.! ca FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project (a) If section 4 of schedule F identifies the Funding Act as "IIJA," then the RAISE Grant is from RAISE Program funding that was appropriated in Division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021). (b) If section 4 of schedule F identifies the Funding Act as "FY2023," then the RAISE Grant is from RAISE Program funding that was appropriated in the Consolidated Appropriations Act, 2023, Pub. L. No. 117-328 (Dec. 29, 2022). (c) If section 4 of schedule F contains a table that lists separate amounts for "IIJA" and "FY2023," then the amount listed for "IIJA" is from RAISE Program funding that was appropriated in division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117- 58 (Nov. 15, 2021) and the amount listed for "FY2023" is from RAISE Program funding that was appropriated in the Consolidated Appropriations Act, 2023, Pub. L. No. 117-328 (Dec. 29, 2022). Section 4.03 Federal Obligations. (a) The Federal Obligation Type identified in Schedule D, Section 2 of the USDOT Agreement is "Single," therefore the following provisions are shall apply: 1) the USDOT Agreement shall obligate for the budget period the amount listed in section 1 of schedule D of the USDOT Agreement as the RAISE Grant Amount and the Sections 4.03(c)-4.03(h) shall not apply to this Agreement 2) the Designated Subrecipient shall submit a Request for Authorization to the Recipient, per the process and procedures detailed in the Local Assistance Procedures Manual (LAPM) for the amount of funding and phase of work specified in Schedule D of the USDOT Agreement 3) the BIP federal reimbursable work on Project shall not begin, until the Designated Subrecipient requests and receives FHWA authorization approval via an "E76" document, that shows the appropriate amount of federal funds have been authorized by FHWA to the appropriate phase of work, as detailed in Schedule D of the USDOT Agreement. 4) Reserved. Article V. STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES Section 5.01 Change Notification Requirement. (a) The Designated Subrecipient shall notify all USDOT representatives identified in section 5 of schedule A of the USDOT Agreement, and all Recipient representatives identified in section 3 of schedule A, in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Designated Subrecipient's capacity or intent to complete the Project in compliance with the USDOT Agreement or this Agreement. (b) The written notification by the Designated Subrecipient required in section 5.01(a) shall describe the change and what actions the Designated Subrecipient has taken or plans to take to ensure completion of the Project. (c) The written notification requirement under this section 5.01, is separate from any requirements under this article V that the Designated Subrecipient request modification of the USDOT Agreement. Section 5.02 Scope and Statement of Work Changes. Page 9135 �gPKe� �- m FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project (a) If the Project's activities differ from the activities described in schedule B of the USDOT Agreement, then the Designated Subrecipient shall request a modification of the USDOT Agreement in Schedule B. Section 5.03 Schedule Changes. (a) If one or more of the following conditions are satisfied, then the Designated Subrecipient shall request a modification of the USDOT Agreement to update schedule C: 1) a completion date for the Project or a component of the Project is listed in section 2 of schedule C of the USDOT Agreement and the Designated Subrecipient's estimate for that milestone changes to a date that is more than six months after the date listed in section 2 of schedule C; and 2) a schedule change would require the budget period to continue after the budget period end date listed in section 1 of schedule C. (b) For other schedule changes, the Designated Subrecipient shall follow the applicable procedures of the FHWA and the Recipient and document the changes in writing. Section 5.04 Budget Changes. (a) The Designated Subrecipient acknowledges and agrees that if the cost of completing the Project increases: 1) that increase does not affect the Designated Subrecipient's obligation under this Agreement to complete the Project; and 2) the USDOT and Recipient will not increase the amount of this award to address any funding shortfall. (b) The Designated Subrecipient shall request a modification of the USDOT Agreement to update schedule D of the USDOT Agreement if, in comparing the Project's budget to the amounts listed in section 3 of schedule D of the USDOT Agreement: 1) the total "Non -Federal Funds" amount decreases; or 2) the total eligible project costs amount decreases. (c) For budget changes that are not identified in section 5.04(b) of this Agreement, the Designated Subrecipient shall follow the applicable procedures of the Administering Operating Administration and Document the changes in writing. (d) If there are Project Cost Savings, then the Designated Subrecipient may propose to the USDOT and the Recipient, in writing consistent with the Administering Operating Administration's requirements, to include in the Project specific additional activities that are within the scope of this award, as defined in section 1.01 of this Agreement and schedule B of the USDOT Agreement, and that the Designated Subrecipient could complete with the Project Cost Savings. In this agreement, "Project Cost Savings" means the difference between the actual eligible project costs and the total eligible project costs that are listed in section 3 of schedule D of the USDOT Agreement, but only if the actual eligible project costs are less than the total eligible project costs that are listed in section 3 of schedule D of the USDOT Agreement. There are no Project Cost Savings if the actual eligible project costs are equal to or greater than the total eligible project costs that are listed in section 3 of schedule D of the USDOT Agreement. Page 10 135 OPKz- ;1�1 8- a- rn `�Of?!GlNF.L� FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project (e) If there are Project Cost Savings and either the Designated Subrecipient does not make a proposal under section 5.04(d) of this Agreement or the USDOT or Recipient does not accept the Designated Subrecipient's proposal under section 5.04(d) of this Agreement, then: 1) in a request under section 5.04(b) of this Agreement, the Designated Subrecipient shall reduce the Federal Share by the Project Cost Savings; and 2) if that modification reduces this award and the USDOT through the Recipient had reimbursed costs exceeding the revised award, the Designated Subrecipient shall refund to the USDOT through the Recipient the difference between the reimbursed costs and the revised award. In this Agreement, "Federal Share" means the sum of the total "RAISE Grant Funds" and "Other Federal Funds" amounts that are listed in section 3 of schedule D of the USDOT Agreement. (f) The Designated Subrecipient acknowledges and agrees that amounts that are required to be refunded under section 5.04(e)(2) of this Agreement constitute a debt to the Federal Government that USDOT via the Recipient may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900-999). Section 5.05 USDOT and Recipient Acceptance of Changes. (a) The USDOT may accept or reject modifications requested under article V of this Agreement, and in doing so may elect to consider only the interests of the RAISE Grant Program and the USDOT. The Recipient may accept or reject modifications requested under article V of this Agreement, and in doing so may elect to consider only the interests of the RAISE Grant Program and the Recipient. (b) The Designated Subrecipient acknowledges and agrees that requesting a modification under article V of this Agreement does not amend, modify, or supplement this Agreement unless the FHWA and the Recipient accept the modification request and modify the USDOT Agreement under section 15.01(b) of this Agreement. Article VI. GENERAL REPORTING TERMS Section 6.01 Report Submission. (a) The Designated Subrecipient shall send all reports required by this agreement to all USDOT contacts who are listed in section 5 of schedule A of the USDOT Agreement, all Recipient contacts listed in section 3 of schedule A of the USDOT Agreement, and all USDOT contacts who are listed in section 2.2 of the RAISE Terms and Conditions. Section 6.02 Alternative Reporting Methods. (a) The Administering Operating Administration and the Recipient may establish processes for the Designated Subrecipient to submit reports required by the USDOT Agreement, including electronic submission processes. (b) If the Administering Operating Administration or the Recipient informs the Designated Subrecipient of those processes in writing, the Designated Subrecipient shall use the processes identified by the Administering Operating Administration or the Recipient. Section 6.03 Paperwork Reduction Act Information. Page 11 1 35 � m 00RIGINAL.F FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project (a) Under 5 C.F.R. 1320.6, the Recipient, and thus the Designated Subrecipient, is not required to respond to a collection of information that does not display a currently valid control number issued by the Office of Management and Budget (the "OMB"). Collections of information conducted under the USDOT Agreement are approved under OMB Control No. 2125-0664. Article VII. PROGRESS AND FINANCIAL REPORTING Section 7.01 Quarterly Project Progress Reports and Recertifications. (a) On or before the 20th day of the first month of each calendar year quarter and until the end of the period of performance, the Designated Subrecipient shall submit to the USDOT a Quarterly Project Progress Report and Recertification in the format and with the content described in Exhibit C of the Exhibits. If the date of this Agreement is in the final month of a calendar year quarter, then the Designated Subrecipient shall submit the first Quarterly Project Progress Report and Recertification in the second calendar year quarter that begins after the date of this Agreement. Section 7.02 Final Progress Reports and Financial Information. (a) No later than 120 days after the end of the period of performance, the Designated Subrecipient shall submit: 1) a Final Project Progress Report and Recertification in the format and with the content described in Exhibit C of the Exhibits for each Quarterly Project Progress Report and Recertification, including a final Federal Financial Report (SF-425); and 2) any other information required under the Administering Operating Administration and the Recipient's award closeout procedures. Article Vill. PERFORMANCE REPORTING Section 8.01 Baseline Performance Measurement. (a) The Capital -Planning Designation in section 2 of schedule F is "Capital," thus: 1) the Designated Subrecipient shall collect data for each performance measure that is identified in the Performance Measure Table in schedule G of the USDOT Agreement, accurate as of the Baseline Measurement Date that is identified in schedule G of the USDOT Agreement; and 2) on or before the Baseline Report Date that is stated in schedule G of the USDOT Agreement, the Designated Subrecipient shall submit a Baseline Performance Measurement Report that contains the data collected under this section 8.01 and a detailed description of the data sources, assumptions, variability, and estimated levels of precision for each performance measure that is identified in the Performance Measure Table in schedule G of the USDOT Agreement. Section 8.02 Post -construction Performance Measurement. (a) The Capital -Planning Designation in section 2 of schedule F of the USDOT Agreement is "Capital," therefore: 1) for each performance measure that is identified in the Performance Measure Table in schedule G of the USDOT Agreement with quarterly measurement frequency, for each of 12 consecutive calendar quarters, beginning with the first calendar quarter Page 12 135 ..n > rn `�©p;C!NALL FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project that begins after the Project substantial completion date, at least once during the quarter, the Designated Subrecipient shall collect data for that performance measure; 2) for each performance measure that is identified in the Performance Measure Table in schedule G of the USDOT Agreement with annual measurement frequency, the Designated Subrecipient shall collect data for that performance measure on at least three separate occasions: (i) once during the four consecutive calendar quarters that begin after the Project substantial completion date; (ii) once during the fourth calendar quarter after the first collection; and (iii) once during the eighth calendar quarter after the first collection; and 3) not later than January 31 of each year that follows a calendar year during which data was collected under this section 8.02, the Designated Subrecipient shall submit to the USDOT a Post -construction Performance Measurement Report containing the data collected under this section 8.02 in the previous calendar year and stating the dates when the data was collected. If an external factor significantly affects the value of a performance measure collected under this section 8.02, then the Designated Subrecipient shall identify that external factor in the Post- construction Performance Measurement Report and discuss its influence on the performance measure. Section 8.03 Project Outcomes Report. (a) The Capital -Planning Designation in section 2 of schedule F of the USDOT Agreement is "Capital," therefore the Designated Subrecipient shall submit to the USDOT, not later than January 31 of the year that follows the final calendar year during which data was collected under section 8.02 of this Agreement, a Project Outcomes Report that contains: 1) a narrative discussion detailing project successes and the influence of external factors on project expectations; and 2) all baseline and post -construction performance measurement data that the Designated Subrecipient reported in the Baseline Performance Measurement Report and the Post -construction Performance Measurement Reports; and 3) an ex -post examination of project effectiveness relative to the baseline data that the Designated Subrecipient reported in the Baseline Performance Measurement Report. Section 8.04 Performance Reporting Survival. (a) The data collection and reporting requirements in this article Vill survive the termination of this Agreement. Article IX. CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE Section 9.01 Climate Change and Environmental Justice. (a) Consistent with Federal Executive Order 14008, "Tackling the Climate Crisis at Home and Abroad" (Jan. 27, 2021), schedule H of the USDOT Agreement documents the consideration of climate change and environmental justice impacts of the Project. Page 13135 �Sh OP GINAL C' FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project (b) The Designated Subrecipient affirms all statements and acknowledgments that are attributed to the Recipient under schedule H of the USDOT Agreement. Article X. RACIAL EQUITY AND BARRIERS TO OPPORTUNITY Section 10.01 Racial Equity and Barriers to Opportunity. (a) Consistent with Federal Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through the Federal Government" (Jan. 20, 2021), schedule I of the USDOT Agreement documents activities related to the Project to improve racial equity and reduce barriers to opportunity. (b) The Designated Subrecipient affirms all statements and acknowledgments that are attributed to the Recipient under schedule I of the USDOT Agreement. Article XI. LABOR AND WORK Section 11.01 Labor and Work. (a) In compliance with Federal Executive Order 14025, "Worker Organizing and Empowerment" (Apr. 26, 2021), and Federal Executive Order 14052, "Implementation of the Infrastructure Investment and Jobs Act" (Nov. 15, 2021), schedule J of the USDOT Agreement documents the consideration of job quality and labor rights, standards, and protections related to the Project. (b) The Designated Subrecipient affirms all statements and acknowledgments that are attributed to the Recipient under schedule J of the USDOT Agreement. Section 11.02 OFCCP Mega Construction Project Program. (a) If the total eligible project costs listed in section 3 of schedule D of the USDOT Agreement are greater than $35,000,000 and the Department of Labors Office of Federal Contract Compliance Programs (the "OFCCP") selects this award for participation in the Mega Construction Project Program, then the Recipient and Designated Subrecipient shall partner with OFCCP, as requested by OFCCP. Article XII. CIVIL RIGHTS AND TITLE VI Section 12.01 Civil Rights and Title VI. (a) Consistent with Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through the Federal Government" (Jan. 20, 2021), Executive Order 14091, "Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government" (Feb. 16, 2023), and DOT Order 1000.12C, "The U.S. Department of Transportation Title VI Program" (June 11, 2021), the purpose of sections 12.01(b)-12.01(c) is to ensure that the Designated Subrecipient has a plan to comply with civil rights obligations and nondiscrimination laws, including Title VI and 49 C.F.R. part 21. (b) The Designated Subrecipient Type Designation in section 1 of schedule K of the USDOT Agreement is "Existing," therefore the Designated Subrecipient shall submit to the USDOT either: Page 14 135 u 'OPIGIN4.LC FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project 1) not later than one month after the date of this agreement, documentation showing that the Designated Subrecipient has complied with all reporting requirements under the Administering Operating Administration's implementation of Title VI; or 2) not later than six months after the date of this agreement, both a Title VI Plan and a Community Participation Plan, as those plans are described in chapter II, sections 3-4 of DOT Order 1000.12C. (c) Reserved. (d) In this section 12.01, "Title VI" means Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified at 42 U.S.C. 2000d to 2000d-4a). Section 12.02 Legacy Infrastructure and Facilities. (a) In furtherance of the Americans with Disabilities Act of 1990 (ADA), Pub. L. No. 101-336 (codified at 42 U.S.C. 12101-12213), and section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified at 29 U.S.C. 794), not later than one year after the date of this agreement, the Designated Subrecipient shall develop a plan to address any legacy infrastructure or facilities that are not compliant with ADA standards and are involved in, or closely associated with, the Project. Consistent with 49 C.F.R. part 27, even in the absence of prior discriminatory practice or usage, a Designated Subrecipient administering a program or activity receiving Federal financial assistance is expected to take action to ensure that no person is excluded from participation in or denied the benefits of the program or activity on the basis of disability. Article XIII. Critical Infrastructure Security and Resilience. Section 13.01 Critical Infrastructure Security and Resilience. (a) Consistent with Presidential Policy Directive 21, "Critical Infrastructure Security and Resilience" (Feb. 12, 2013), and the National Security Presidential Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems (July 28, 2021), the Designated Subrecipient shall consider physical and cyber security and resilience in planning, design, and oversight of the Project. (b) If the Security Risk Designation in section 6 of schedule F of the USDOT Agreement is "Elevated," then the Designated Subrecipient shall: 1) in the first Quarterly Project Progress Report and Recertification that the Designated Subrecipient submits under section 7.01 of this Agreement, identify a cybersecurity Point of Contact for the transportation infrastructure being improved in the Project; and 2) in the second Quarterly Project Progress Report and Recertification that the Designated Subrecipient submits under section 7.01 of this Agreement, provide a plan for completing the requirements in section 13.01(c) of this Agreement. (c) If the Security Risk Designation in section 5 of schedule F of the USDOT Agreement is "Elevated," then not later than the eighth Quarterly Project Progress Report and Page 15 135 u Zlin `,ORIGINO FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project Recertification that the Designated Subrecipient submits under section 7.01 of this Agreement, the Designated Subrecipient shall include each of the following in a Quarterly Project Progress Report and Recertification that the Designated Subrecipient submits under section 7.01 of this Agreement: 1) a cybersecurity incident reporting plan for the transportation infrastructure being improved in the Project or a summary of that plan; and 2) a cybersecurity incident response plan for the transportation infrastructure being improved in the Project or a summary of that plan; and 3) the results of a self -assessment of the Designated Subrecipient's cybersecurity posture and capabilities or a summary of those results; and 4) a description of any additional actions that the Designated Subrecipient has taken to consider or address cybersecurity risk of the transportation infrastructure being improved in the Project. Article XIV. Raise Program Designations Section 14.01 Effect of Urban or Rural Designation. (a) Based on information that the Designated Subrecipient provided to the USDOT, including the Grant Application, section 1 of schedule F of the USDOT Agreement designates this award as an urban award or a rural award, as defined in the NOFO. The Designated Subrecipient shall comply with the requirements that accompany that designation on minimum award size, geographic location, and cost sharing. Section 14.02 Effect of Historically Disadvantaged Community or Area of Persistent Poverty Designation. (a) Section 3 of schedule F of the USDOT Agreement lists "Yes" for the "HDC or APP Designation," therefore based on information that the Designated Subrecipient provided to the USDOT, including the Grant Application, the USDOT determined that the Project will be carried out in a historically disadvantaged community or an area of persistent poverty, as defined in the NOFO. The Designated Subrecipient shall incur a majority of the costs under this award in historically disadvantaged communities or areas of persistent poverty. Article XV. Contracting and Subawards Section 15.01 Minimum Wage Rates. (a) The Designated Subrecipient shall include, in all contracts in excess of $2,000 for work on the Project that involves labor, provisions establishing minimum rates of wages, to be predetermined by the United States Secretary of Labor, in accordance with the Davis - Bacon Act, 40 U.S.C. 3141-3148, or 23 U.S.C. 113, as applicable, that contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. Section 15.02 Buy America. (a) Steel, iron, and manufactured products used in the Project are subject to 23 U.S.C. 313, as implemented by the Federal Highway Administration. The Designated Subrecipient acknowledges that this agreement is neither a waiver of 23 U.S.C. 313(a) nor a finding under 23 U.S.C. 313(b). Page 16 135 OORIGINAL FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project (b) Construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtit. A, 135 Stat. 429, 1298 (2021), as implemented by OMB, USDOT, and FHWA. The Designated Subrecipient acknowledges that this agreement is neither a waiver of §70914(a) nor a finding under §70914(b). (c) Under 2 C.F.R. 200.322, as appropriate and to the extent consistent with law, the Designated Subrecipient 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 Designated Subrecipient shall include the requirements of 2 C.F.R. 200.322 in all subawards including all contracts and purchase orders for work or products under this award. Section 15.03 Small and Disadvantaged Business Requirements. (a) If any funds under this award are administered by or through a State Department of Transportation, the Designated Subrecipient 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"). (b) If any funds under this award are not administered by or through a State Department of Transportation, the Designated Subrecipient shall expend those funds 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"). Section 15.04 Engineering and Design Services. (a) The Designated Subrecipient shall award each contract or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner that a contract for architectural and engineering services is negotiated under the Brooks Act, 40 U.S.C. 1101-1104 as implemented in 23 U.S.C. 112(b)(2), or an equivalent qualifications -based requirement prescribed for or by the Designated Subrecipient and approved in writing by the USDOT. Section 15.05 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. (a) The Designated Subrecipient acknowledges that section 889 of Pub. L. No. 115-232 and 2 C.F.R. 200.216 prohibit the Designated Subrecipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award. Section 15.06 Pass -through Entity Responsibilities. (a) The Recipient shall comply with the requirements on pass -through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331-200.333. Section 15.07 Subaward and Contract Authorization. (a) If the USDOT Office for Subaward and Contract Authorization identified in section 7 of schedule A of the USDOT Agreement is "FHWA Division," then the Designated Subrecipient shall comply with subaward and contract authorization requirements under 23 C.F.R chapter I, subchapter G. Page 17135 U� 'OPIGiNAL.O FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project (b) If the USDOT Office for Subaward and Contract Authorization identified in section 7 of schedule A of the USDOT Agreement is "FHWA Office of Acquisition and Grants Management," then the Designated Subrecipient shall obtain prior written approval from the USDOT agreement officer for the subaward or contracting out of any work under this agreement. That approval will be contingent upon a fair and reasonable price determination on the part of the Designated Subrecipient and the agreement officer's concurrence on that determination. Article XVI. Noncompliance and Remedies Section 16.01 Noncompliance Determinations. (a) If the USDOT or the Recipient determine that the Designated Subrecipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this Agreement, the USDOT OR Recipient may notify the Designated Subrecipient of a proposed determination of noncompliance. For that notice to be effective, USDOT or Recipient must include an explanation of the nature of the noncompliance, describe a remedy, state whether that remedy is proposed or effective at an already determined date, and describe the process through and form in which the Designated Subrecipient may respond to the notice. (b) If the USDOT or the Recipient notifies the Designated Subrecipient of a proposed determination of noncompliance under section 16.01(a) of this Agreement, the Designated Subrecipient may, not later than 7 calendar days after the notice, respond to that notice in the form and through the process described in that notice. In its response, the Designated Subrecipient may: 1) accept the remedy; or 2) acknowledge the noncompliance, but propose an alternative remedy; or 3) dispute the noncompliance. To dispute the noncompliance, the Designated Subrecipient must include in its response documentation or other information supporting the Designated Subrecipient compliance. (c) The USDOT or Recipient may make a final determination of noncompliance only: 1) after considering the Designated Subrecipient's response under section 16.01(b) of this Agreement; or 2) if the Designated Subrecipient fails to respond under section 16.01(b), after the time for that response has passed. (d) To make a final determination of noncompliance, the USDOT or Recipient must provide to the Designated Subrecipient a notice that states the bases for that determination. Section 16.02 Remedies. (a) If the USDOT or Recipient makes a final determination of noncompliance under this section 16.01, the USDOT or Recipient may impose a remedy, including: 1) adding conditions or modifying existing conditions on the award; or 2) any remedy permitted under 2 C.F.R. 200.339-200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the P a g e 18 1 35���RK�� U ` 0RIGINO FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project Designated Subrecipient to the USDOT via the Recipient; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; 3) terminating the Agreement; or 4) any other remedy legally available; or 5) any combination of these. (b) To impose a remedy, the USDOT or Recipient must provide to the Designated Subrecipient a notice that describes the remedy, but the USDOT or Recipient may make the remedy effective before the Designated Subrecipient receives that notice. (c) If the USDOT or Recipient determines that it is in the public interest, the USDOT or Recipient may impose a remedy, including all remedies described in section 16.02(a) of this Agreement, before making a final determination of noncompliance under section 16.01 of this Agreement. If it does so, then the notice provided under section 16.01(d) of this Agreement must also state whether the remedy imposed will continue, be rescinded, or modified. (d) In imposing a remedy under this section 16.02 of this Agreement or making a public interest determination under section 16.02(c) of this Agreement, the USDOT or Recipient may elect to consider the interests of only the USDOT or Recipient, respectively. (e) The Designated Subrecipient acknowledges that amounts that the USDOT or Recipient requires the Designated Subrecipient to refund to the USDOT through the Recipient due to a remedy under this section 16.02 constitute a debt to the Federal Government that the USDOT or Recipient may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900-999). Section 16.03 Other Oversight Entities. (a) Nothing in this article XVI limits any party's authority to report activity under this agreement to the United States Department of Transportation Inspector General or other appropriate oversight entities. Article XVII. AGREEMENT TERMINATION Section 17.01 USDOT or Recipient Termination. (a) The USDOT may terminate the USDOT Agreement and all of its obligations under the USDOT Agreement or the Recipient may terminate this agreement and all of the Recipient obligations under this agreement if any of the following occurs: 1) the Designated Subrecipient fails to timely obtain or timely provide any non -RAISE Grant contribution or alternatives approved by the USDOT as provided in the USDOT Agreement and in accordance with schedule D of the USDOT Agreement; or 2) a completion date for the Project or a component of the Project is listed in section 2 of schedule C of the USDOT Agreement and the Designated Subrecipient fails to meet that milestone by six months after the date listed in section 2 of schedule C of the USDOT Agreement; or Page 19 135 'ORIGINAI� FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project 3) the Designated Subrecipient fails to meet a milestone listed in section 3 of schedule C of the USDOT Agreement by the deadline date listed in that section for that milestone; or 4) the Designated Subrecipient fails to comply with the terms and conditions of this Agreement, including a material failure to comply with the project schedule in schedule C of the USDOT Agreement even if it is beyond the reasonable control of the Designated Subrecipient; or 5) circumstances cause changes to the Project that the USDOT determine are inconsistent with the USDOT's basis for selecting the Project to receive a RAISE Grant; or 6) the USDOT or Recipient determine that termination of this Agreement is in the public interest; or 7) the Designated Subrecipient breaches this Agreement and does not remedy the breach within 7 days of written notice by USDOT or Recipient. (b) Should the USDOT terminate the USDOT Agreement under section 17.01, the Recipient shall terminate this Agreement and all its obligations under this agreement. (c) In terminating the USDOT Agreement under this section, the USDOT may elect to consider only the interests of the USDOT. In terminating this Agreement under this section, the Recipient may elect to consider only the interests of the Recipient. (d) This section 17.01 does not limit the USDOT's or the Recipient's ability to terminate the USDOT Agreement as a remedy under section 16.02 of this Agreement. (e) The Designated Subrecipient may request that the USDOT and recipient terminate the USDOT Agreement and this Agreement under this section 17.01. Section 17.02 Closeout Termination. (a) This Agreement terminates on Project Closeout. (b) In this Agreement, "Project Closeout" means the date that the USDOT notifies the Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout should occur no later than one year after the end of the period of performance. Section 17.03 Post -Termination Adjustments. (a) The Designated Subrecipient acknowledges and agrees that under 2 C.F.R. 200.345- 200.346, termination of this Agreement does not extinguish the USDOT's or the Recipient's authority to disallow costs, including costs that the USDOT or Recipient reimbursed before termination, and recover funds from the Designated Subrecipient. Section 17.04 Non -Terminating Events. (a) The end of the budget period described under section 28.04 does not terminate the USDOT Agreement, this Agreement, or the Designated Subrecipient's obligations under this Agreement. (b) The end of the period of performance described under section 28.05 does not terminate the USDOT Agreement or the Designated Subrecipient's obligations under the USDOT Agreement. (c) The cancellation of funds under this Agreement section 19.02 does not terminate the USDOT Agreement or the Designated Subrecipient's obligations under the USDOT Agreement. Page 201 35 bNl(k, O� J ^ > rn � Q OORIGINA.t FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project Section 17.05 Other Remedies. (a) The termination authority under article XVII of this Agreement supplements and does not limit the USDOT's or the Recipient's remedial authority under article IX or 2 C.F.R. part 200, including 2 C.F.R. 200.339-200.340. Article XVIII. COSTS, PAYMENTS, AND UNEXPENDED FUNDS Section 18.01 Limitation of Federal Award Amount. (a) Under this subaward, the USDOT and the Recipient shall not provide funding greater than the amount obligated under section 4.03. The Designated Subrecipient acknowledges and agrees that the USDOT and Recipient are not liable for payments exceeding that amount, and the Designated Subrecipient shall not request reimbursement of costs exceeding that amount. Section 18.02 Projects Costs. (a) This subaward is subject to the cost principles at 2 C.F.R. 200 subpart E, including provisions on determining allocable costs and determining allowable costs. Section 18.03 Timing of Project Costs. (a) The Designated Subrecipient shall not charge to this subaward costs that are incurred after the budget period. (b) The Designated Subrecipient shall not charge to this subaward costs that are incurred before the date of this agreement and before receipt of authorization from FHWA to begin reimbursable work for the phase of work to be performed, unless those costs are identified in section 5 of schedule D of the USDOT Agreement and would have been allowable if incurred during the budget period. This limitation applies to costs incurred under an advance construction authorization (23 U.S.C. 115), costs incurred prior to authorization (23 C.F.R. 1.9(b)), and pre -award costs under 2 C.F.R. 200.458. This agreement hereby terminates and supersedes any previous USDOT approval for the Designated Subrecipient to incur costs under this award for the Project. section 5 of schedule D of the USDOT Agreement is the exclusive USDOT approval of costs incurred before the date of this agreement. Section 18.04 Recipient Recovery of Federal Funds. (a) The Designated Subrecipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT or Recipient determines, after consultation with the Designated Subrecipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award. The Designated Subrecipient shall not enter a settlement or other final position, in court or otherwise, involving the recovery of funds under the RAISE Grant Program award unless approved in advance in writing by the USDOT. Section 18.05 Unexpended Federal Funds. (a) Any Federal funds that are awarded in section 4.01 in this Agreement but not expended on allocable, allowable costs, remain the property of the United States. Section 18.06 Timing of Payments to the Recipient. (a) Reimbursement is the payment method for the RAISE Grant Program. Page 21 1 35 >- in r 0ORIGINAL FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project (b) The Designated Subrecipient shall not request reimbursement of a cost before the Designated Subrecipient has entered into an obligation for that cost. Section 18.07 Payment Method. (a) The USDOT Payment System identified in section 6 of schedule A of the USDOT Agreement is "FMIS," therefore the Designated Subrecipient shall follow the Recipient and FMIS procedures to request and receive reimbursement payments under this award per the procedures outlined in the Caltrans Local Assistance Procedures Manual and related Office Bulletins. (b) Reserved. (c) The USDOT or Recipient may deny a payment request that is not submitted using the method identified in this section 18.07. Section 18.08 Information Supporting Expenditures. (a) Reserved. (b) If the Designated Subrecipient submits a request for reimbursement that the USDOT or Recipient determines does not include or is not supported by sufficient detail, the USDOT or Recipient may deny the request or withhold processing the request until the Designated Subrecipient provides sufficient detail. Section 18.09 Reimbursement Frequency. (a) Designated Subrecipient agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered by the execution of the Project Program Supplement Agreement, or by Recipients approval of an applicable Finance Letter. Recipient reserves the right to deobligate unexpended Project Federal funds, suspend future authorizations/obligations for Project, and suspend invoice payments for any on -going or future project by Designated Subrecipient, if Project costs have not been invoiced by Designated Subrecipient for a six-month period. If no costs have been invoiced for a six-month period and project funds are suspended, the Designated Subrecipient agrees to submit a written explanation of the absence of Project activity along with target billing date and target billing amount to remove the suspension and reobligate the federal funds to Project. (b) Designated Subrecipient agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of Project completion. Failure of Designated Subrecipient to submit a "Final Report of Expenditures" within 180 days of Project completion will result in a finding of non- compliance under article XVI of this Agreement, along with the remedies cited in that article. Article XIX. LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY Section 19.01 Liquidation of Recipient Obligations. (a) The Designated Subrecipient shall liquidate all obligations of subaward funds under this agreement not later than the earlier of: 1) 120 days after the end of the period of performance; or 2) the statutory funds cancellation date identified in section 19.02 of this Agreement. Page 22 135 16Ak4- ®� �,p +— rn OPIG1.NA.L� FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project (b) Liquidation of obligations and adjustment of costs under this Agreement follow the requirements of 2 C.F.R. 200.344-200.346. Section 19.02 Funds Cancellation. (a) The subaward Federal funding that was appropriated in division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), is canceled by statute after September 30, 2032, and then unavailable for any purpose, including adjustments. (b) The subaward Federal funding that was appropriated in the Consolidated Appropriations Act, 2023, Pub. L. No. 117-328 (Dec. 29, 2022) remains available until expended. (c) Section 4.02 identifies the specific source or sources of funding for this award. Article XX. AGREEMENT MODIFICATIONS Section 20.01 Bilateral Modifications. (a) The parties may amend, modify, or supplement this Agreement by mutual agreement in writing signed by the Recipient and the Designated Subrecipient. Either party may request to amend, modify, or supplement this Agreement by written notice to the other pa rty. (b) The USDOT Agreement may be amended, modified, or supplemented by mutual agreement in writing, signed by the FHWA and the Recipient. The Designated Subrecipient may request to amend, modify, or supplement the USDOT Agreement by written notice to the FHWA and the Recipient. Section 20.02 Unilateral Contact Modifications. (a) The Designated Subrecipient may update the contacts who are listed in section 9 of schedule A of the USDOT Agreement by notice to the USDOT and the Recipient. (b) The USDOT may update the contacts who are listed in section 5 of Schedule A of the USDOT Agreement or Section 2.01 of this Agreement by notice to the Recipient. (c) The Recipient may update the contacts who are listed in section 3 of Schedule A of the USDOT Agreement by notice to the USDOT. Section 20.03 USDOT and Recipient Unilateral Modifications. (a) The USDOT and Recipient may unilaterally modify the USDOT Agreement to comply with Federal law, including the Program Statute. (b) To unilaterally modify the USDOT Agreement under this section 20.03, the FHWA or Recipient must provide a notice to the Designated Subrecipient that includes a description of the modification and state the date that the modification is effective. (c) The Recipient may unilaterally modify this Agreement to comply with Federal law, including Program Statute. (d) To unilaterally modify this Agreement under this section 20.03, the Recipient must provide a notice to the Designated Subrecipient that includes a description of the modification and state the date that the modification is effective. Section 20.04 Other Modifications. (a) The parties shall not amend, modify, or supplement the USDOT Agreement or this Agreement except as permitted under sections 20.01, 20.02, or 20.03. If an amendment, modification, or supplement is not permitted under sections 20.01, 20.02, or 20.03, it is void. Page 23 1 35 b�ccO P K-V �<'^ > rn �= o `'OR!G!NF.L FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project ARTICLE XXI. FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL POLICY REQUIREMENTS Section 21.01 Uniform Administrative Requirements for Federal Awards. (a) The Designated Subrecipient shall comply with the obligations on non -Federal entities under 2 C.F.R. parts 200 and 1201. Section 21.02 Federal Law and Public Policy Requirements. (a) The Designated Subrecipient shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. (b) The failure of the USDOT Agreement or this Agreement to expressly identify Federal law applicable to the Designated Subrecipient or activities under the USDOT Agreement or this Agreement does not make that law inapplicable. Section 21.03 Federal Freedom of Information Act. (a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552. (b) The Designated Subrecipient acknowledges and agrees that the Grant Application and materials submitted to the USDOT by the Designated Subrecipient related to this Agreement may become USDOT records subject to public release under 5 U.S.C. 552. Section 21.04 History of Performance. (a) Under 2 C.F.R 200.206, any Federal awarding agency may consider the Designated Subrecipient's performance under this Agreement, when evaluating the risks of making a future Federal financial assistance award to the Designated Subrecipient. Section 21.05 Whistlebiower Protection. (a) The Designated Subrecipient acknowledges and agrees that it is a "grantee" within the scope of 41 U.S.C. 4712, which prohibits the Designated Subrecipient from taking certain actions against an employee for certain disclosures of information that the employee reasonably believes are evidence of gross mismanagement of this RAISE Grant Program award, gross waste of Federal funds, or a violation of Federal law related this this award. (b) The Designated Subrecipient shall inform its employees in writing of the rights and remedies provided under 41 U.S.C. 4712, in the predominant native language of the workforce. Section 21.06 External Award Terms and Obligations. (a) In addition to this document and the contents described in article XXIX, this Agreement include the following additional terms as integral parts: 1) Appendix A to 2 C.F.R. part 25: System for Award Management and Universal Identifier Requirements; and 2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation; and 3) 2 C.F.R 175.15(b): Trafficking in Persons; and 4) Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient Integrity and Performance Matters. (b) The Designated Subrecipient shall comply with: Page 24 1 35 t- m 90RIGINf:1o FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project 1) 49 C.F.R. part 20: New Restrictions on Lobbying; and 2) 49 C.F.R. part 21: Nondiscrimination in Federally -Assisted Programs of the Department of Transportation —Effectuation of Title VI of the Civil Rights Act of 1964; and 3) 49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; and 4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug -free Workplace (Financial Assistance). Section 21.07 Incorporated Certifications. (a) The Designated Subrecipient makes the statements in the following certifications, which are incorporated by reference: 1) Appendix A to 49 CFR part 20 (Certification Regarding Lobbying). Article XXII. MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS Section 22.01 Designated Subrecipient Monitoring and Record Retention. (a) The Designated Subrecipient shall ensure under this subaward, including the Designated Subrecipients awards and contracts, that: 1) project activities comply with this Agreement; and 2) that funds provided under this subaward are not expended on costs that are not allowable under this subaward or not allocable to this subaward. (b) The Designated Subrecipient shall retain records relevant to the award as required under 2 C.F.R. 200.334. Section 22.02 Financial Records and Audits. (a) The Designated Subrecipient shall keep all project accounts and records that fully disclose the amount and disposition by the Designated Subrecipient of the award funds, the total cost of the Project, and the amount or nature of that portion of the cost of the Project supplied by other sources, and any other financial records related to the project. (b) The Designated Subrecipient shall keep accounts and records described under section 11.02(a) of this Agreements in accordance with a financial management system that meets the requirements of 2 C.F.R. 200.301-200.303, 2 C.F.R. 200 subpart F, and title 23, United States Code, and will facilitate an effective audit in accordance with 31 U.S.C. 7501-7506. (c) The Designated Subrecipient shall separately identify expenditures under the fiscal year 2023 RAISE Grant Program in financial records required for audits under 31 U.S.C. 7501- 7506. Specifically, the Designated Subrecipient shall: 1) list expenditures under that program separately on the schedule of expenditures of Federal awards required under 2 C.F.R. 200 subpart F, including the "FY 2023" in the program name; and 2) list expenditures under that program on a separate row under Part II, Item 1 ("Federal Awards Expended During Fiscal Period") of Form SF -SAC, including "FY 2023" in column c ("Additional Award Identification"). Section 22.03 Internal Controls. Page 25 1 35 O�®PKe,%, p 00pIGINAL FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project (a) The Designated Subrecipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303. Section 22.04 USDOT Record Access. (a) The USDOT and Recipient may access the Designated Subrecipient records related to this subaward under 2 C.F.R. 200.337. ARTICLE XXII1. NOTICE Section 23.01 Form of Notice. (a) For a notice under this agreement to be valid, it must be in writing. (b) For a notice to the USDOT or Recipient under this agreement to be valid, it must be signed and dated by an individual with authority to act on behalf of the Designated Subrecipient. Section 23.02 Method of Notice to USDOT and the Recipient. (a) For a notice to the USDOT and the Recipient under this agreement to be valid, it must be sent by one or more of the following: 1) email; or 2) a national transportation company with all fees prepaid and receipt of delivery; or 3) by registered or certified mail with return receipt requested and postage prepaid. (b) For a notice to USDOT under this agreement to be valid, it must be addressed to all of the USDOT contacts listed in section 5 of schedule A of the USDOT Agreement and section 2.2 of the RAISE Terms and Conditions. For a notice to Recipient under this agreement to be valid, it must be addressed to all the Recipient contacts who are listed in section 3 of schedule A of the USDOT Agreement. (c) Except as specified in section 23.02(d) of this Agreement, a valid notice to USDOT and the Recipient under this agreement will be deemed to have been received on the earliest of: 1) when the email is received by the USDOT and the Recipient, as recorded by the USDOT's and the Recipient email systems, and 2) when indicated on the receipt of delivery by national transportation company or mail. (d) If a valid notice or other communication to the Recipient under this agreement is received after 5:00 p.m. on a business day, or on a day that is not a business day, then the notice will be deemed received at 9:00 a.m. on the next business day. Section 23.03 Method of Notice to Designated Subrecipient. (a) Except as specified in section 23.03(d) of this Agreement, for a notice to the Designated Subrecipient under this agreement to be valid, it must be sent by one or more of the following: 1) email; or 2) a national transportation company with all fees prepaid and receipt of delivery; or 3) registered or certified mail with return receipt requested and postage prepaid. (b) For a notice to the Designated Subrecipient under this agreement to be valid, it must be addressed to all the Designated Subrecipient contacts who are listed in section 9 of schedule A. Page 26 1 35 �gAK2^ ` 01RIGINO FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project (c) A valid notice to the Designated Subrecipient under this agreement is effective when received by the Designated Subrecipient. It will be deemed to have been received: 1) for email, on receipt; and, for other delivery, when indicated on the receipt of delivery by national transportation company or mail; or 2) if the Designated Subrecipient rejects or otherwise refuses to accept it, or if it cannot be delivered because of a change in address or representatives for which no notice was given, then on that rejection, refusal, or inability to deliver. (d) For a notice to the Designated Subrecipient under article XVI to be valid, it must be sent by one or more of the following: 1) a national transportation company with all fees prepaid and receipt of delivery or 2) registered or certified mail with return receipt requested and postage prepaid. Section 23.04 Recipient Contacts for Notice. (a) If a Designated Subrecipient contact who is listed in section 9 of schedule A of the USDOT Agreement is unable to receive notices under this agreement on behalf of the Designated Subrecipient, then the Designated Subrecipient shall promptly identify one or more replacement contacts under section 20.02(a). Section 23.05 Additional Mandatory Notices to USDOT. (a) The Designated Subrecipient shall notify the USDOT and the Recipient if anyone of the following conditions is satisfied, not later than 5 business days after that condition is satisfied: 1) the Designated Subrecipient receives a communication related to this award or this agreement from the United States Comptroller General, a Federal Inspector General, or any other oversight entity; or 2) the Designated Subrecipient becomes aware of waste, fraud, abuse, or potentially criminal activity related to this agreement. Section 23.06 Scope of Notice Requirements. (a) The form and method requirements of this article XXIII, including sections 23.01, 23.02, and 23.03, apply only to communications for which this agreement expressly uses one or more of the following words: "notice"; "notification"; "notify"; or "notifying." This article XXIII does not control or limit other communication between the parties about the Project or this agreement. ARTICLE XXIV. INFORMATION REQUESTS Section 24.01 USDOT Information Requests. (a) By notice, the USDOT and the Recipient may request from the Designated Subrecipient any information that the USDOT determines is necessary to fulfill its oversight responsibilities under the Program Statute or other Federal law. (b) If the USDOT or the Recipient requests information from the Designated Subrecipient under section 24.01(a), the Designated Subrecipient shall respond in the form and at the time detailed in the notice requesting information. (c) This section 24.01 does not limit the Designated Subrecipient's obligations under section 22.4 or 2 C.F.R. 200.337 to provide access to the Designated Subrecipient records. ARTICLE XXV. ASSIGNMENT Section 25.01 Assignment Prohibited. Page 27 1 35 y rn r ` 0P.IGINF! FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project (a) The Designated Subrecipient shall not transfer to any other entity any discretion granted under this Agreement, any right to satisfy a condition under this Agreement, any remedy under this Agreement, or any obligation imposed under this Agreement. Article XXVI. WAIVER Section 26.01 Waivers. (a) A waiver of a term of the USDOT Agreement granted by the FHWA will not be effective unless it is in writing and signed by an authorized representative of the FHWA. A waiver of a term of this Agreement granted by the Recipient will not be effective unless it is in writing and signed by an authorized representative of the Recipient. (b) A waiver of a term of the USDOT Agreement granted by the FHWA on one occasion will not operate as a waiver on other occasions. or waiver of a term of this Agreement. A waiver of a term of this Agreement granted by the Recipient on one occasion will not operate as a waiver on other occasions. or waiver of a term of (c) If the FHWA fails to require strict performance of a term of the USDOT Agreement, fails to exercise a remedy for a breach of the USDOT Agreement, or fails to reject a payment during a breach of the USDOT Agreement, that failure does not constitute a waiver of that term or breach. If the Recipient fails to require strict performance of a term of this Agreement, fails to exercise a remedy for a breach of this Agreement, or fails to reject a payment during a breach of this Agreement, that failure does not constitute a waiver of that term or breach. Article XXVII. ADDITIONAL TERMS AND CONDITIONS Section 27.01 Disclaimer of Federal and State Liability. (a) The USDOT and the Recipient shall not be responsible or liable for any damage to property or any injury to persons that may arise from, or be incident to, performance or compliance with this agreement. Section 27.02 Relocation and Real Property Acquisition. (a) To the greatest extent practicable under State law, the Designated Subrecipient shall comply with the land acquisition policies in 49 C.F.R. 24 subpart B and shall pay or reimburse property owners for necessary expenses as specified in that subpart. (b) The Designated Subrecipient shall provide a relocation assistance program offering the services described in 49 C.F.R. 24 subpart C and shall provide reasonable relocation payments and assistance to displaced persons as required in 49 C.F.R. 24 subparts D-E. (c) The Designated Subrecipient shall make available to displaced persons, within a reasonable period of time prior to displacement, comparable replacement dwellings in accordance with 49 C.F.R. 24 subpart E. Section 27.03 Equipment Disposition. (a) in accordance with 2 C.F.R. 200.313 and 1201.313, if the Designated Subrecipient or a subrecipient acquires equipment under this award, then when that equipment is no longer needed for the Project: 1) if the entity that acquired the equipment is a State or a subrecipient of a State, that entity shall dispose of that equipment in accordance with State laws and procedures; and Page 28 1 35 � r 'ORIGINAL! FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project 2) if the entity that acquired the equipment is neither a State nor a Subrecipient of a State, that entity shall request disposition instructions from the Administering Operating Administration. (b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the disposition of equipment must be made in accordance with 2 C.F.R. 200.313-200.316 and 2 C.F.R. 1201.313. (c) The Designated Subrecipient shall ensure compliance with this section 27.03 for all tiers of subawards under this award. Section 27.04 Environmental Review. 1) In this section Environmental Review Entity" means the State because the Project is located within California, and the State has assumed responsibilities for environmental review activities under 23 U.S.C. 326 or 23 U.S.C. 327, and the Project is within the scope of these assumed responsibilities. (b) Except as authorized under section 27.04(c) of this agreement, the Designated Subrecipient shall not begin final design; acquire real property, construction materials, or equipment; begin construction; or take other actions that represent an irretrievable commitment of resources for the Project unless and until: 1) the Environmental Review Entity complies with the National Environmental Policy Act, 42 U.S.C. 4321 to 4370m-12, and any other applicable environmental laws and regulations; and 2) the Environmental Review Entity provides the Designated Subrecipient with written communication stating that the environmental review process is complete. (c) If the Designated Subrecipient is using procedures for early acquisition of real property under 23 C.F.R. 710.501 or hardship and protective acquisitions of real property 23 C.F.R. 710.503, the Designated Subrecipient shall comply with 23 C.F.R. 771.113(d)(1). (d) The Designated Subrecipient acknowledges that: 1) the Environmental Review Entity's actions under section 27.04(a) depend on the Designated Subrecipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and 2) applicable environmental statutes and regulation may require the Designated Subrecipient to prepare and submit documents to other Federal, State, and local agencies. (e) Consistent with 23 C.F.R. 771.105(a), to the extent practicable and consistent with Federal law, the Designated Subrecipient shall coordinate all environmental investigations, reviews, and consultations as a single process. (f) The activities described in schedule B of the USDOT Agreement and other information described in the USDOT Agreement and this Agreement may inform environmental decision -making processes, but the parties do not intend these agreements to document the alternatives under consideration under those processes. If a build alternative is selected that does not align with schedule B of the USDOT Agreement or other information described in the USDOT Agreement and this Agreement, then: 1) the parties may amend the USDOT Agreement and this agreement under section 20.01 of this Agreement for consistency with the selected build alternative; or Page 29 ! 35 K�'`� y ` 091,01NA,t FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project 2) if the USDOT determines that the condition at section 17.01(a)(5) of this Agreement is satisfied, the USDOT may terminate this agreement under section 17.01(a)(5) of this Agreement. (g) The Designated Subrecipient shall complete any mitigation activities described in the environmental document or documents for the Project, including the terms and conditions contained in the required permits and authorizations for the Project. Section 27.05 Railroad Coordination. (a) If section 3 of schedule C of the USDOT Agreement includes one or more milestones identified as a "Railroad Coordination Agreement," then for each of those milestones, the Designated Subrecipient shall enter a standard written railroad coordination agreement, consistent with 23 C.F.R. 646.216(d), no later than the deadline date identified for that milestone, with the identified railroad for work and operation within that railroad's right-of-way. Article XXVIII. MANDATORY AWARD INFORMATION Section 28.01 Information Contained in a Federal Award. For 2 C.F.R. 200.211: 1) the "Federal Award Date" is the date of the USDOT Agreement, as defined under section 30.02 of this Agreement; and 2) the "Assistance Listings Number" is 20.933 and the "Assistance Listings Title" is "National Infrastructure Investments"; and 3) this award is not for research and development. Section 28.02 Federal Award Identification Number. (a) The USDOT Payment System identified in section 6 of schedule A in the USDOT Agreement is "FMIS," therefore the Federal Award Identification Number will be generated when the FHWA Division authorizes the project in FMIS. Upon the request of the Designated Subrecipient and after the FAIN is generated by the FHWA California Division, the Recipient will obtain the FAIN from either FMIS or the FHWA Division and provide this number to the Designated Subrecipient. Section 28.03 Recipient's Unique Entity Identifier. (a) The USDOT Payment System identified in section 6 of schedule A of the USDOT Agreement is "FMIS," therefore the Recipient's Unique Entity Identifier, as defined at 2 C.F.R. 25.415, is available in FMIS. The Recipient acknowledges that it has access to FMIS and can retrieve the unique entity identifier from FMIS. Upon the request of the Designated Subrecipient, once the Recipient's Unique Entity Identifier is generated, the Recipient will provide the Recipient's Unique Entity Identifier to the Designated Subrecipient. Section 28.04 Budget Period. (a) The budget period for this award begins on the date the USDOT Agreement and ends on the budget period end date that is listed in section 1 of schedule C in the USDOT Agreement. In the USDOT Agreement and in this agreement, "budget period" is used as defined at 2 C.F.R. 200.1. Section 28.05 Period of Performance. Page 30 135 h r 50RIGINO FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project (a) The USDOT Payment System identified in section 6 of schedule A in the USDOT Agreement is "FMIS," therefore the period of performance for this award begins on the date of the USDOT Agreement and ends on project end date in FMIS. (b) Reserved. (c) In this agreement, "period of performance" is used as defined at 2 C.F.R. 200.1. Article XXIX. CONSTRUCTION AND DEFINITIONS Section 29.01 Schedules. (a) This agreement includes the following schedules from the USDOT Agreement as integral parts: Schedule A Administrative Information Schedule B Project Activities Schedule C Award Dates and Project Schedule Schedule D Award and Project Financial Information Schedule E Changes from Application Schedule F RAISE Program Designations Schedule G RAISE Performance Measurement Information Schedule H Climate Change and Environmental Justice Impacts Schedule I Racial Equity and Barriers to Opportunity Schedule J Labor and Work Schedule K Civil Rights and Title VI Section 29.02 Exhibits. (a) The following exhibits, which are located in the document titled "Exhibits to FHWA Grant Agreements Under the Fiscal Year 2023 RAISE Program," dated June 23, 2023, and available at https://www.transportation.gov/sites/dot.gov/files/2023-06/raise-fy2023- fhwa-exhibits-20230623.pdf, are part of this agreement. Exhibit A Applicable Federal Laws and Regulations Exhibit B Additional Standard Terms Exhibit C Quarterly Project Progress Reports and Recertifications: Format and Content Exhibit D Form for Subsequent Obligation of Funds Section 29.03 Construction. (a) In these General Terms and Conditions: 1) unless expressly specified, a reference to a section or article refers to that section or article in these General Terms and Conditions; and 2) a reference to a section or other subdivision of a schedule listed in section 29.01 will expressly identify the relevant schedule; and 3) there are no references to articles or sections in project -specific portions of the agreement that are not contained in schedules listed in section 29.01. (b) If a provision in this Agreement or exhibits conflicts with a provision in the project - specific portion of the agreement, then the project -specific portion of the agreement prevails. If a provision in the exhibits conflicts with a provision in this Agreement, then the provision in this Agreement prevails. Page 31 1 35 M i- 'ORIGINN' FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project Section 29.04 Integration. (a) This agreement constitutes the entire agreement of the parties relating to the RAISE Program and awards under that program and supersedes any previous agreements, oral or written, relating to the RAISE Program and awards under that program. Section 29.05 Definitions. (a) In this agreement, the following definitions shall apply: "Exhibits" means the content of the U.S. Department of Transportation Exhibits to Grant Agreements Under the Fiscal Year 2023 Bridge Investment Program, dated June 23, 2023, including Exhibits A through D, Term 13.1 with Appendices A through E, and Terms 13.2 through 13.4; available at: https://www.fhwa.dot.gov/bridge/bip/exhibits_to_grant_agreements.pdf. "General Terms and Conditions", a.k.a. "this Agreement," means this document "RAISE Terms and Conditions" means the content of the U.S. Department of Transportation General Terms and Conditions Under the Fiscal Yor 2023 RAISE Program: FHWA Projects, revised June 23, 2023, available at: https://www.transportation.gov/sites/dot.gov/files/2023-06/raise fy2023 fhwa- general-terms-and-conditions-20230623. pdf "Performance Measures" means the content of the Performance Measurement Guidance for the RAISE Discretionary Grant Program, updated June 2023, including Table 1: RAISE Performance Measures; available at: https://www.tra nsportation.gov/sites/dot.gov/fi les/2023- 06/RAISE%20Performance%2OMeasurement%2OGuidance- %202023%2OUpdate_O.pdf "Program Statute" means the collective statutory text: 1) at 49 U.S.C. 6702; and 2) under the heading "Department of Transportation --Office of the Secretary -- National Infrastructure Investments" in title Vill of division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), and all other provisions of that act that apply to amounts appropriated under that heading; and 3) under the heading "Department of Transportation --Office of the Secretary -- National Infrastructure Investments" in title I of division L of the Consolidated Appropriations Act, 2023 Pub. L. No. 117-328 (Dec. 29, 2022), and all other provisions of that act that apply to amounts appropriated under that heading. "Project" means the project proposed in the Grant Application and as modified by the negotiated provisions of the USDOT Agreement and this Agreement. "RAISE Grant" means an award of funds that were made available under the NOFO. "Grant Application" means the application identified in section 1 of schedule A in the USDOT Agreement, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov. "USDOT Agreement" means the U.S. Department of Transportation Grant Agreement Under The Fiscal Year 2023 RAISE Program for the Project, most recent FHWA and Caltrans executed agreement. Page 32 1 35 XSRK��^ O un ti 0RIGINO'_ FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project Section 29.06 References to Times of Day. (a) All references to times of day in the USDOT Agreement and this Agreement are deemed references to that time at the prevailing local time in Washington, DC. Article XXX. AGREEMENT EXECUTION AND EFFECTIVE DATE Section 30.01 Counterparts. (a) This Agreement may be executed in counterparts, which constitute one document. The parties intend each countersigned original to have identical legal effect. Section 30.02 Effective Date. (a) This Agreement will become effective when all parties have signed it and when the USDOT and Recipient sign the USDOT Agreement. The date of this agreement will be the date of execution of the USDOT Agreement or the last party signs this Agreement, whichever date is later. The USDOT Agreement and this Agreement constitute a RAISE Grant when the parties both sign this Agreement and the USDOT's authorized representative and the Recipient both sign the USDOT Agreement. Page 33 1 35 > �n FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project DESIGNATED SUBRECIPIENT SIGNATURE PAGE The Designated Subrecipient, intending to be legally bound, is signing this Agreement on the date stated opposite that party's signature. By: Mayor S: CITY OF BAKERSFIELD "DESIGNATED SUBRECIPIENT" APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT 0 GREGG STRAKALUSE Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA RUDNICK Deputy City Attorney II COUNTERSIGNED: Lid RANDY MCKEEGAN Finance Director Date Date Date Date Page 34 135 rM f- c— v®RIGINAL FY 2023 RAISE Discretionary Grant Program Recipient - Designated Subrecipient Agreement Chester Ave Connectivity & Climate Adaptation Project RECIPIENT SIGNATURE PAGE The Recipient, intending to be legally bound, is signing this Agreement on the date stated opposite that party's signature. By: E 2T CALIFORNIA DEPARTMENT OF TRANSPORTATION Chief, Division of Local Assistance DIANA GOMEZ District 6 Director Date Date Page 35 1 35 ►— m CD �GP!GINAL Exhibit A: Schedule A-K U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2023 RAISE PROGRAM This agreement is between the United States Department of Transportation (the "USDOT") and the State of California Department of Transportation (Caltrans) (the "Recipient"). This agreement reflects the selection of the Recipient to receive a RAISE Grant for the Chester Ave Connectivity & Climate Adaptation Project. If schedule A to this agreement identifies a Designated Subrecipient, that Designated Subrecipient is also a party to this agreement, and the parties want the Designated Subrecipient to carry out the project with the Recipient's assistance and oversight. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS. 1.1 General Terms and Conditions. (a) In this agreement, "General Terms and Conditions" means the content of the document titled "General Terms and Conditions Under the Fiscal Year 2023 RAISE Program: FHWA Projects," dated June 23, 2023, which is available at littps://www.transportation.gov//policy-initiatives/raise/raise-,rg ant -agreements. The General Terms and Conditions reference the information contained in the schedules to this agreement. The General Terms and Conditions are part of this agreement. (b) The Recipient states that it has knowledge of the General Terms and Conditions. (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient's non-compliance with the General Terms and Conditions may result in remedial action, terminating of the RAISE Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT the RAISE Grant, and reporting the non-compliance in the Federal -government -wide integrity and performance system. ARTICLE 2 SPECIAL TERMS AND CONDITIONS. There are no special terms for this award. 1 of 23 y t: P OORIGINAL' SCHEDULE A ADMINISTRATIVE INFORMATION 1. Application. Application Title: Chester Ave Connectivity & Climate Adaptation Project: A Gateway to Bakersfield High -Speed Rail Station Application Date: 2/28/2023 2. Recipient's Unique Entity Identifier. COB UEI: YUJJHEWCPLZ5 3. Recipient Contact(s). Jim Perrault, P.E. District Local Assistance Engineer Office of Local Assistance, District 6 California Department of Transportation (Caltrans) (559) 289-9587 james.perrault@dot.ca.gov Bob Baca, P.E. Branch Chief and RAISE Program Manager Federal Infrastructure Programs Branch Division of Local Assistance (HQ) California Department of Transportation (Caltrans) (279) 599-3199 bob.baca@dot.ca.gov Jasdeep Sandhu RAISE Program Coordinator Federal Infrastructure Programs Branch Division of Local Assistance (HQ) California Department of Transportation (Caltrans) (279) 599-3487 jasdeep.sandhu@dot.ca.gov 4. Recipient Key Personnel. None. 5. USDOT Project Contact(s). Peter Pangilinan Discretionary Grants and Emergency Relief Program Manager 2 of 23 ; m o OQR;GiNA. FHWA — California Division 650 Capitol Mall, Suite 4-100 Sacramento, CA 9581.4 (916) 498-5886 peter.pangilinan@dot.gov 6. Payment System. USDOT Payment System: FMIS 7. Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Division 8. Federal Award Identification Number. See section 28.2 of the General Terms and Conditions. 9. Designated Subrecipient: City of Bakersfield 1600 Truxtun Ave Bakersfield, CA 93301 3 of 23 SCHEDULE B PROJECT ACTIVITIES 1. General Project Description. The project will redevelop approximately 1.4 miles of Chester Avenue between Brundage Lane and Truxtun Avenue with complete streets enhancements, ADA accessible sidewalks, Class II bike lanes, roadway improvements and related infrastructure improvements including lighting and stormwater drainage improvements. 2. Statement of Work. Chester Avenue is a north -south arterial that provides a connection to Downtown Bakersfield from State Route 58. The Streetscape Improvement Project will apply to the 1.35-mile segment of Chester Avenue from Brundage Lane to Truxtun Avenue. Within the project area, Chester Avenue has two vehicular travel lanes in each direction, with a center two-way left turn lane, on - street parking, and bike lanes along most segments. At Brundage Lane and from California Avenue to Truxtun Avenue, there is a center median with left turn pockets at the intersections. Concrete sidewalks are located on both sides of the street. Land uses along the corridor are primarily commercial, with some institutional and single family and multi -family residential parcels. The project corridor is located within an "Area of Persistent Poverty" as defined by the Bipartisan Infrastructure Law. The goal of the project is to enhance the safety, environmental sustainability, quality of life, mobility, community connectivity, state of good repair, and character of the public realm through the following improvements: • Raised Medians o Landscaped/hardscaped median islands between Brundage Lane and 10th Street. • Curb Extensions o Ten curb extensions will widen the pedestrian zone and reduce crosswalk lengths within the Project area along Chester Avenue. o Midblock curb extensions at Golden Empire Transit (GET) bus stops throughout the corridor that will improve access to buses that operate within the Project area • Roadway Rehabilitation o Curb and gutter will be replaced along the entire corridor to accommodate the streetscape and drainage improvements. o Road maintenance involves a full slurry seal of the entire corridor in order to treat deteriorations of the roadway's surface layer and allow for road restriping of travel lanes and bike lanes. • Accessible Pathways o Barrier -free access will be provided through continuous sidewalks and directional curb ramps along the project corridor. o High contrast pavement materials in the pedestrian realm clearly distinguish the accessible path of travel from furniture zones and other areas where potential pedestrian conflicts may be encountered. 4 of 23 � m � O ` OPIG1NAI o High visibility crosswalks will be installed across the east and west legs at all intersections in the project area, and across Chester Avenue at Brundage Lane, 2nd Street, 0 Street, 8 h Street, 1.0th Street, and California Avenue. • Planting o Irrigated planting areas will be provided between the sidewalk and the curb, in the curb extensions, as well as in some medians. These areas will include street trees, shrubs, perennials, and grasses that are both drought tolerant and locally appropriate species. o Street trees will be planted along the project corridor, in planting areas or in tree grates, and provide shade and character to the pedestrian zone as well as support the growth of Bakersfield overall urban canopy cover. • Street Furniture o Coordinated benches and trash receptacles are provided at bus stops and other strategic seating locations along the corridor to provide comfort to pedestrians. • Street Lighting o Decorative streetlights and pedestrian scale lighting will be installed along the entire length of the project corridor to substantially improve the light levels along the corridor for pedestrians and vehicles. The new light fixtures will be LED consistent with Bakersfield's overall commitment to LED streetlights. • Class 11 Bike Lanes o The bike lane striping will be enhanced to clearly delineate the bike lane from the parking lane and provide a wider buffer between bicycles and car doors for the entire project area and a painted two -foot buffer where additional space is available. • Sustainable, Water -Wise Design o The proposed planting design adheres to the Model Water Efficient Landscape Ordinance, designed using hydro zones and prioritizing low water use plants. o New drainage swales and infiltration basins will improve stormwater management and rainwater capture for passive irrigation. • Branding, Wayfinding, Gateways, Monuments, and Public Art o An overall approach to the character of the corridor has been developed through the Downtown Corridor Masterplan (adopted by council December 2021) and through visioning exercises completed as part of the project scope. Additional decisions regarding public art will be made through consultation with community members and stakeholders. o Branding for the corridor will be achieved through the application of a paving pattern inspired by local community, custom banners for the streetlight poles and wayfinding signage. o Plans include strategically located spaces along the corridor reserved for monuments and public art installations to contribute to a sense of place and allow for local cultural expression. Final design of the Chester Avenue Streetscape Improvement Project will be complete in October 2023, and construction is expected to begin in the Summer 2024. U y- rn 5 of 23 ` ORIGINALo SCHEDULE C AWARD DATES AND PROJECT SCHEDULE 1. Award Dates. Budget Period End Date: 06/30/2027 Period of Performance End Date: See section 28.5 of the General Terms and Conditions 2. Estimated Project Schedule. Milestone Schedule Date Planned Construction Substantial Completion and Open to Traffic Date: 12/31/2026 3. Special Milestone Deadlines. None. 6 of 23 �AKfi' r.� v,^n > r� o ` OPIIGINP.t_. SCHEDULE D AWARD AND PROJECT FINANCIAL INFORMATION 1. Award Amount. RAISE Grant Amount: $10,000,000 2. Federal Obligation Information. Federal Obligation Type: Single Obligation Condition Table Portion of the Project Portion of the Obligation Condition RAISE Grant Construction of Project $10,000,000 N/A N/A $0 3. Approved Project Budget. EliEible Proiect Costs Construction Total RAISE Funds: $10,000,000 $10,000,000 Other Federal Funds: NA NA Non -Federal Funds: $5,190,000 $5,190,000 Total: $15,190,000 $15,190,000 4. Cost Classification Table Reserved. 5. Approved Pre -award Costs None. The USDOT has not approved under this award any costs incurred under an advanced construction authorization (23 U.S.C. 115), any costs incurred prior to authorization (23 C.F.R. 1.9(b)), or any pre -award costs under 2 C.F.R. 200.458. gP,Kc 7 of 23 'OR1GlNO SCHEDULE E CHANGES FROM APPLICATION Scope: None. There are no changes in Scope from the original application. Schedule: None. There are no changes in Schedule from the original application. Budget: None. There are no changes in Budget from the original application. Other: None. There are no other notable changes from the original application. 8 of23 opPKf,�v,^ �n vOp��,1NF� SCHEDULE F RAISE PROGRAM DESIGNATIONS 1. Urban or Rural Designation. Urban -Rural Designation: Urban 2. Capital or Planning Designation. Capital -Planning Designation: Capital 3. Historically Disadvantaged Community or Area of Persistent Poverty Designation. HDC or APP Designation: Yes 4. Funding Act. Funding Act: 11JA 5. Security Risk Designation. Security Risk Designation: Low pt�K� 9 of 23 'ORIGINAL' SCHEDULE G RAISE PERFORMANCE MEASUREMENT INFORMATION Study Area: Chester Avenue between Brundage Lane and Truxtun Avenue Baseline Measurement Date: June 30, 2025 Baseline Report Date: August 30, 2025 Table I.: Performance Measure Table Measure Category and Description Measurement Frequency Environmental Sustainability Concentrations of Ozone, PM2.5, PM 10, CO, NO2, S02 will be measured at one location on the project corridor over a 24- Air Quality Index hour period. The AQI values will be used Annual to identify the corresponding AQI category, descriptor, and color coding per https://www.aimow.gov/sites/default/files /2020-05/aq i-technical -assistance- docum ent-sept2018.pdf. Environmental Sustainability, Mobility and Community Connectivity, Quality of Life Bicycle and Pedestrian Volumes Pedestrian and bicycle counts will be Annual collected at two intersections and follow the National Bicycle and Pedestrian Documentation Project methodology. Quality of Life, Mobility and Community Connectivity Level of Traffic Stress Measure Bicycle or Pedestrian Level of Annual Traffic Stress using the methodology in the FHWA Bicycle Selection Guide page 35. Data used to identify LTS include curb -to -curb width, number of travel 10 of 23 a 0GPAGINA Measure Category and Description Measurement Frequency lanes, width of median, bike lane width. This evaluation could be supported by speed surveys and ped and bike volume counts. Assume that the corridor will be divided into three representative segments (Brundage to 4tt, St, 4tn St to California Ave, California Ave to Truxtun). State of Good Repair The International Roughness Index (IRI) will be measured and reported using the Pavement Condition AASHTO Standard Practice in Annual accordance with ASTM E-950 and reported as the average for the project study area. 11 of 23 SCHEDULE H CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS 1. Consideration of Climate Change and Environmental Justice Impacts. The Recipient states that rows marked with "X" in the following table are accurate: The Project significantly reduces transportation -related pollution, like air pollution and greenhouse gas emissions. (Describe the expected reductions and how they are achieved in the supporting narrative below.) The Project aligns with an applicable State, regional, or local carbon -reduction plan. (Identify the plan in the supporting narrative below) X The Project addresses the disproportionate negative environmental impacts of transportation, such as exposure to elevated levels of air, water, and noise pollution. (Describe how in the supporting narrative below) The Project implements transportation -efficient land use and design, such as X drawing on the features of historic towns and villages that had a mix of land uses, compact and walkable development patterns, accessible green space, and neighborhood centers. (Describe how in the supporting narrative below) The Project shifts freight to lower -carbon travel modes to reduce emissions. (Describe how in the supporting narrative below) The Project improves the resiliency of at -risk infrastructure to withstand extreme weather events and natural disasters caused by climate change, such as X by using best -available climate data sets, information resources, and decision - support tools, and incorporating best practices identified by the USDOT. (Identify the at -risk infrastructure and describe how the project improves its resiliency in the supporting narrative below.) X The Project incorporates energy efficient investments, such as electrification or zero emission vehicle infrastructure. (Describe the energy efficient investments in the supporting narrative below.) The Project redevelops brownfield sites. (Identify the brownfield sites and describe the redevelopment in the supporting narrative below) The Project removes, replaces, or restores culverts to improve passage of aquatic species. (Identify the affected culverts and describe how the changes will improve the passage of aquatic species in the supporting narrative below) The Project avoids adverse impacts to air or water quality, wetlands, and endangered species. (Describe how in the supporting narrative below.) 12 of 23 The Project includes floodplain upgrades consistent with the Federal Flood Risk Management Standard in Executive Orders 14030 and 13690. (Describe those floodplain upgrades in the supporting narrative below.) X The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project. (Describe those actions in the supporting narrative below) The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below) The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award. 2. Supporting Narrative. The Project addresses the disproportionate negative environmental impacts of transportation, such as exposure to elevated levels of air, water, and noise pollution. Approximately 300 additional trees will be planted within the right-of-way to reduce the heat island effect, absorb carbon, and noise, and provide shade for pedestrians. The project also includes bioretention basins with planting and soil media to capture and treat stormwater for groundwater recharge. Additionally, the project's focal point is encouraging multimodal transit by improving Golden. Empire Transit (GET) access on Chester Ave and introducing a class 11 bike lane. The Project implements transportation -efficient land use and design, such as drawing on the features of historic towns and villages that had a mix of land uses, compact and walkable development patterns, accessible green space, and neighborhood centers. This project improves walkability in the Chester Ave area by narrowing driving lanes, widening, and increasing the visibility of bike lanes, addressing gaps and/or deficiencies in pedestrian features, while enhancing the built environment with improved and sustainable landscaping, benches, increased lighting, and local artwork. Additionally, the area is classified as mixed use allowing for businesses and residences to coexist in this newly developed walkable region. The Project improves the resiliency of at -risk infrastructure to withstand extreme weather events and natural disasters caused by climate change, such as by using best -available climate data sets, information resources, and decision -support tools, and incorporating best practices identified by the USDOT. The bioretention basins will reduce the volume of stormwater runoff that travels into the existing storm system. The existing storm system has few inlets and relies on overland flow with little 13 of 23 �gAK,C- a F-• it1 ORIGINA 4 slope resulting in ponding at points along the corridor even in minor storms. The bioretention basins located along the length of the corridor will intake stormwater, use it for passive irrigation, and treat it, allowing any overflow to exit and continue down the corridor to the next bioretention basin. The Project incorporates energy efficient investments, such as electrification or zero emission vehicle infrastructure. The corridor currently features LED lighting that is suitable for vehicular traffic. The project will replace these vehicular scale fixtures with decorative light standards suitable for both pedestrians and vehicular traffic. The proposed lights are also LED and dark sky friendly. The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project. The Chester Avenue corridor between Brundage Lane and Truxtun Avenue is an area of persistent poverty and a historically disadvantaged community that suffers from extreme heat and the urban heat island effect. This is only exacerbated by vehicle dependency. In response to these environmental concerns, this project emphasizes multi -modal transportation with upgraded bus stops, street furniture, ADA compliant paving, bike lanes with buffers, pedestrian scale lighting throughout the corridor, and planted medians to reduce the scale of the street. Additionally, street furniture and trees reduce the urban heat island effect by providing a lower concentration of uncovered pavement. Climate change is addressed through the capture and treatment of stormwater in bioretention basins as our upgraded systems improve our storm readiness. 14 of 23 SCHEDULE I RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with "X" in the following table are accurate: The Project increases affordable transportation choices. (Describe how in the supporting narrative below.) X The Project expands active transportation usage. (Describe how in the supporting narrative below.) X The Project significantly reduces vehicle dependence. (Describe how in the supporting narrative below.) The Project reduces transportation and housing cost burdens by integrating mixed use development and a diversity of housing types (including affordable housing) with multimodal transportation infrastructure. (Describe how in the supporting narrative below.) The Project coordinates and integrates land use, affordable housing, and transportation planning to create more livable communities and expand travel choices. (Describe how in the supporting narrative below.) The Project reduces vehicle dependence and improves access to daily X destinations, such as jobs, healthcare, grocery stores, schools, places of worship, recreation, or parks, such as by adding new facilities that promote walking or biking. (Describe how in the supporting narrative below.) The Project implements transit -oriented development that benefits existing residents and businesses. (Describe how in the supporting narrative below, including a speck description of the benefits to existing residents and businesses.) X The Project mitigates urban heat islands to protect the health of at -risk residents, outdoor workers, and others. (Describe how in the supporting narrative below.) X The Project proactively addresses racial equity. (Describe how in the supporting narrative below.) The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity. (Describe those actions in the supporting narrative below) 15 of 23 Q��RK�u 'OPIGINAL.. The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below) The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 2. Supporting Narrative. The Project expands active transportation usage. In the existing condition, the project corridor is generally undivided and includes two vehicular travel lanes, a bike lane and on -street parking in each direction, with a center two-way left turn lane. There are sidewalks on both sides of the street, with very little shade. The project will include green bike lane striping at intersections to provide increased visibility at potential conflict points, and more bike racks. Landscaped median islands will be installed from Brundage Lane to California Avenue, including medians that will prevent some left turn movements. The pedestrian environment will be enhanced with approximately 300 shade trees, landscaped areas, furniture zones, decorative paving, pedestrian scale lighting, high visibility crosswalks, and directional ADA curb ramps. These improvements will provide traffic calming for the corridor and reduce the Level of Traffic Stress for bicyclists and pedestrians. Residents along the corridor will have more options for alternative transportation to access businesses and institutions along the project corridor. The Project significantly reduces vehicle dependence. The project will create a walkable and bikeable corridor that can be used by people with a broader range of ability than the existing condition. The project's design plans to increase access for GET bus, expand sidewalks, and install a class II bike lane. The Project reduces vehicle dependence and improves access to daily destinations, such as jobs, healthcare, grocery stores, schools, places of worship, recreation, or parks, such as by adding new facilities that promote walking or biking. The project corridor includes a mix of residential, institutional, retail and service land uses including preschool, churches, restaurants, stores, and offices. The pedestrian and bicycle improvements included in the project will provide better opportunities for residents to walk or bike to these destinations. The Project mitigates urban heat islands to protect the health of at -risk residents, outdoor workers, and others. 16 of 23 The area of pavement within the right-of-way has been reduced significantly through the addition of planted medians. The medians include planted areas and feature trees, shrubs, perennials, and ornamental grasses. The sidewalk areas will also implement low albedo paving materials to further reduce the urban heat island effect. Additionally, approximately 300 shade trees will provide a significant increase to the existing urban tree canopy and provide shade for pedestrians, and city workers providing maintenance along the corridor. The Project proactively addresses racial equity. The Chester corridor between Brundage and Truxtun is an area of persistent poverty and a historically disadvantaged community. Historically low-income neighborhoods have significantly fewer trees than high -income neighborhoods, contributing to heat and pollution. The addition of trees along the corridor will significantly address this specific inequity. This neighborhood has also lacked investment over the years. The project provides a much -needed investment in safe, pleasant multi -modal transportation options that will increase the opportunities for both transportation choice and economic development. u�, 17 of 23 SCHEDULE J LABOR AND WORK 1. Efforts to Support Good -Paying Jobs and Strong Labor Standards The Recipient states that rows marked with "X" in the following table are accurate: The Recipient or a project partner promotes robust job creation by supporting x good -paying jobs directly related to the project with free and fair choice to join a union. (Describe robust job creation and identify the good paying jobs in the supporting narrative below.) The Recipient or a project partner will invest in high -quality workforce training programs such as registered apprenticeship programs to recruit, train, and retain skilled workers, and implement policies such as targeted hiring preferences. (Describe the training programs in the supporting narrative below) The Recipient or a project partner implements targeted hiring preferences that will promote the entry and retention of underrepresented populations into those jobs including women, people of color, and people with convictions. (Describe the use of targeted hiring preferences that will promote the entry and retention of underrepresented populations in jobs in the supporting narrative below.) The Recipient or a project partner will partner with high -quality workforce development programs with supportive services to help train, place, and retain underrepresented communities in good -paying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs that serve underrepresented groups, and proactive plans to prevent harassment. (Describe the supportive services provided to trainees and employees, preferences, and policies in the .supporting narrative below) The Recipient or a project partner will partner and engage with local unions or other worker -based organizations in the development and lifecycle of the project, including through evidence of project labor agreements and/or community benefit agreements. (Describe the partnership or engagement with unions and/or other worker -based organizations and agreements in the supporting narrative below) The Recipient or a project partner will partner with communities or community groups representative of historically underrepresented groups to develop workforce strategies. (Describe the partnership and workforce strategies in the .supporting narrative below) �PKe 18 of 23 ` ORICINP.!.e The Recipient has taken other actions related to the Project to create good - paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below) The Recipient has not yet taken actions related to the Project to create good - paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions related to the Project to improve good - paying jobs and strong labor standards and will not take those actions under this award. 2. Supporting Narrative. The Recipient or a project partner promotes robust job creation by supporting good - paying jobs directly related to the project with free and fair choice to join a union. The City of Bakersfield is dedicated to fostering robust job growth through its Request for Proposal (RFP) procedure. The city actively maintains a directory of local contractors and initiates RFPs for city-wide Capital Improvement Projects. These RFPs are distributed directly to contractors or publicized to encourage participation in a formal bidding process. The City often. outlines the expected labor standards and hiring practices that contractors must adhere to. Both the RFP standards and the ability to work with local contractors play a vital role in bolstering local employment and enhancing the regional job market. To date, the City has entered into contracts with numerous local and regional agencies, providing employment opportunities for hundreds of workers across various fields, such as welding, labor, concrete work, plumbing, electrical work, machinery operation, carpentry, steelwork, and more. In summary, the formal RFP process, coupled with implementation of Construction Labor Agreements, ensures the implementation of equitable labor practices for contractors partnering with the City. Furthermore, the selection of contractors actively encourages job creation by standardizing the practice of subcontracting various construction functions, thus further stimulating employment opportunities. 19 of 23 OR:GNAb�' SCHEDULE K CIVIL RIGHTS AND TITLE VI 1. Recipient Type Designation. Recipient Type Designation: Existing Existing Award Program: 20.205; Highway Planning and Construction 2. Title VI Assessment Information. This section is not applicable because the Recipient Type Designation is "Existing." 20 of 23 gAKF�� 'OR!GINAL� RECIPIENT SIGNATURE PAGE The Recipient, intending to be legally bound, is signing this agreement on the date stated opposite that party's signature. CALIFORNIA DEPARTMENT OF TRANSPORTATION Ry; Date Signature of Recipient's Authorized Representative Dee Lam Name Local Assistance Division Chief Title 21 of 23 DESIGNATED SUBRECIPIENT SIGNATURE PAGE The Designated Subrecipient, intending to be legally bound, is signing this agreement on the date stated opposite that parry's signature. CITY OF BAKERSFIELD BY: Date Signature of Designated Subrecipient's Authorized Representative Christian Clegg Name City Manager Title 22 of 23 USDOT SIGNATURE PAGE The USDOT, intending to be legally bound, is signing this agreement on the date stated opposite that party's signature. UNITED STATES DEPARTMENT OF TRANSPORTATION By: Date Signature of USDOT's Authorized Representative Elissa Konove Name FHWA California Division Administrator Title 23 of 23 F� 'OR!GINAI "