Banning City Council
January 28, 2025

ID Task Name Dur. Start Finish Pred. 2025
Jan Apr Jul Oct
2026
Jan Apr Jul Oct
2027
Jan Apr Jul Oct
2028
Jan Apr Jul Oct
2029
Jan Apr Jul Oct
2030
Jan Apr Jul Oct
2031
Jan Apr Jul Oct
2032
Jan Apr
Summary of Major Milestones
• Project Concept Approval – April 2026 (14 Months)
• Environmental Clearance – November 2026 (21 Months)
• PS&E – December 2027 (34 Months)
• Issued for Bid – March 2028 (36 Months)
• Construction Complete – July 2031
Schedule Risks*
• Caltrans Approvals
• Environmental Resource Agencies Concurrence
• UPRR Approvals
• Kinder-Morgan Approvals
• Arco Station Property Coordination
• Adjacent Development Timing
Traffic analysis approvals pose risks to concept
development and the overall schedule. We will overlap
the traffic analysis with the concept development to
assure early buy-in from Caltrans.

Legend
XXXXXXXXXXX Potential Risk Item
Mon XX/XX/XX Key Date
**See Risk Management Section on page 12 for additional details.

Project Schedule
EXHIBIT "A" Exhibit "A" - 125
537

HARGRAVES GRADE SEPARATION - BANNING, CA

SAN JACINTO RETAINING WALL - AESTHETIC CONCEPT
INTEGRAL COLOR #1 CONCRETE

FLUTED FORMATION ACCENT

HEAVY SANDBLAST FINISH
INTEGRAL COLOR #2 CONCRETE

FORMATION ACCENT

MEDIUM SANDBLAST FINISH
INTEGRAL COLOR #3 CO

FLUTED FORMATION ACCENT

HEAVY SANDBLAST FINISH
Professional Design Services
60 City of Banning  RSCAORNG002509.2024
71 ROM Cost Estimate (incl. ROW) 10 days Fri 10/10/25 Fri 10/24/25 70SS+30 days 72 27,48 Preliminary Geotechnical Report 30 days Fri 9/12/25 Fri 10/24/25 68SS+30 days,34 73 Draft Project Concept Report 20 days Mon 10/27/25 Mon 11/24/25 68,72,70FF,71FF,179 74 City Review Draft Concept Report 20 days Tue 11/25/25 Tue 12/23/25 73 75 Caltrans Review Draft Concept Report 20 days Wed 12/24/25 Fri 1/23/26 74 76 Final Project Concept Report 10 days Mon 2/2/26 Fri 2/13/26 75,53,29 77 Caltrans and UPRR Concurrence 20 days Mon 3/16/26 Fri 4/10/26 76FS+20 days 78 City Council Approval of Project Concept 10 days Mon 4/13/26 Fri 4/24/26 77 79 IV.G Environmental Documentation 240 days Tue 11/25/25 Fri 11/6/26 80 Environmental Technical Studies 120 days Tue 11/25/25 Fri 5/15/26 50FS+45 days 88 Caltrans Review of Environmental Technical Studies 20 days Mon 5/18/26 Mon 6/15/26 80,43,56,77FS+20 days 89 Address Caltrans Environmental Technical Studies
Comments
30 days Tue 6/16/26 Wed 7/29/26 88
90 Finalize Technical Studies 30 days Thu 7/30/26 Thu 9/10/26 89 91 CEQA Notice of Exemption (SE) 5 days Fri 9/11/26 Thu 9/17/26 89,90 92 NEPA Categorical Exclusion (CE) 40 days Fri 9/11/26 Fri 11/6/26 89,90 93 IV.H Plans, Specifications, and Estimates 474 days Mon 4/13/26 Fri 3/3/28 94 35% PS&E 100 days Mon 4/13/26 Wed 9/2/26
95 Structure Type Selection Report 20 days Mon 4/27/26 Fri 5/22/26 78 96 Water Quality Management Plan 20 days Mon 4/27/26 Fri 5/22/26 78 97 Hydrology & Hydraulics Report 20 days Mon 4/27/26 Fri 5/22/26 78 98 Landscape & Aesthetic Concepts 20 days Mon 4/27/26 Fri 5/22/26 78 99 35% Design Development 60 days Mon 4/13/26 Wed 7/8/26 77 100 Geotechnical Investigation 40 days Thu 7/9/26 Wed 9/2/26 99 101 IDR / QC 10 days Thu 7/9/26 Wed 7/22/26 99
102 Finalize and Submit 35% PS&E 20 days Thu 7/23/26 Wed 8/19/26 101,143,95,96,97,98,191 103 65% PS&E 120 days Thu 8/20/26 Fri 2/12/27
104 Utility Potholing Investigation (Level A) 20 days Thu 8/20/26 Thu 9/17/26 102 105 City Review 35% PS&E 20 days Thu 8/20/26 Thu 9/17/26 102 106 35% Comment Resolution Period 15 days Fri 9/18/26 Thu 10/8/26 105 107 Transportation Management Plan 40 days Thu 8/20/26 Fri 10/16/26 44,102 108 Geotechnical Report 40 days Thu 9/3/26 Fri 10/30/26 102,100 109 Supplemental Topographic Survey 30 days Fri 10/9/26 Mon 11/23/26 106 110 Civil/Survey Calculations 20 days Fri 10/9/26 Fri 11/6/26 106 111 Structural Calculations 30 days Mon 11/2/26 Tue 12/15/26 108,100 112 65% Design Development & Update Reports 70 days Fri 9/18/26 Wed 12/30/26 105 113 IDR / QC 10 days Thu 12/31/26 Thu 1/14/27 112,109,110,111 114 Finalize and Submit 65% PS&E 20 days Fri 1/15/27 Fri 2/12/27 113,145,107,56,108,100 115 95% PS&E 120 days Tue 2/16/27 Thu 8/5/27
116 City Review 65% PS&E 20 days Tue 2/16/27 Mon 3/15/27 114 117 65% Comment Resolution Period 15 days Tue 3/16/27 Mon 4/5/27 116 118 Develop Construction Schedule 10 days Tue 4/6/27 Mon 4/19/27 117 119 Independent Structural Calculations 30 days Tue 3/16/27 Mon 4/26/27 116,104,153 120 95% Design Development & Update Reports 70 days Tue 3/16/27 Wed 6/23/27 116,104,153 121 IDR / QC 10 days Thu 6/24/27 Thu 7/8/27 120,118,119 122 Finalize and Submit 95% PS&E 20 days Fri 7/9/27 Thu 8/5/27 121,147,180 123 100% PS&E 95 days Fri 8/6/27 Wed 12/22/27
124 City Review 95% PS&E 20 days Fri 8/6/27 Thu 9/2/27 122 125 FRA Review 95% PS&E 20 days Fri 8/6/27 Thu 9/2/27 122 126 95% Comment Resolution Period 15 days Fri 9/3/27 Fri 9/24/27 124,125 127 100% Design Development & Update Reports 35 days Mon 9/27/27 Tue 11/16/27 126 128 IDR / QC 10 days Wed 11/17/27 Wed 12/1/27 127
129 Finalize and Submit 100% PS&E 15 days Thu 12/2/27 Wed 12/22/27 128,149,171,172,173,174,175,177,161 130 Issued for Bid (IFB) PS&E 49 days Thu 12/23/27 Fri 3/3/28 131 City Review 100% PS&E 20 days Thu 12/23/27 Fri 1/21/28 129 132 100% Comment Resolution Period 15 days Mon 1/24/28 Fri 2/11/28 131 133 Upgrade PS&E Documents to IFB Package 14 days Mon 2/14/28 Fri 3/3/28 132,159,165,164,150 134 IV.I Right-of-Way 294 days Thu 12/31/26 Fri 3/3/28
135 Finalize Right-of-Way Requirements Maps 20 days Thu 12/31/26 Fri 1/29/27 112 136 Right-of-Way Appraisals 40 days Mon 2/1/27 Mon 3/29/27 135 137 Right-of-Way Acquisition 230 days Tue 3/30/27 Mon 2/28/28 136 138 Right-of-Way Certification 0 days Fri 3/3/28 Fri 3/3/28 137,133 ROM Cost Estimate (incl. ROW)
Preliminary Geotechnical Report
Draft Project Concept Report
City Review Draft Concept Report
Caltrans Review Draft Concept Report
Final Project Concept Report
Caltrans and UPRR Concurrence
City Council Approval of Project Concept
IV.G Environmental Documentation
Environmental Technical Studies
Caltrans Review of Environmental Technical Studies
Address Caltrans Environmental Technical Studies Comments Finalize Technical Studies
CEQA Notice of Exemption (SE)
NEPA Categorical Exclusion (CE)
IV.H Plans, Specifications, and Estimates
35% PS&E
Structure Type Selection Report
Water Quality Management Plan
Hydrology & Hydraulics Report
Landscape & Aesthetic Concepts
35% Design Development
Geotechnical Investigation

IDR / QC
Finalize and Submit 35% PS&E
65% PS&E
Utility Potholing Investigation (Level A)
City Review 35% PS&E
35% Comment Resolution Period
Transportation Management Plan
Geotechnical Report
Supplemental Topographic Survey
Civil/Survey Calculations
Structural Calculations
65% Design Development & Update Reports

IDR / QC
Finalize and Submit 65% PS&E
95% PS&E
City Review 65% PS&E
65% Comment Resolution Period
Develop Construction Schedule
Independent Structural Calculations
95% Design Development & Update Reports

IDR / QC
Finalize and Submit 95% PS&E
100% PS&E
City Review 95% PS&E
FRA Review 95% PS&E
95% Comment Resolution Period
100% Design Development & Update Reports

IDR / QC
Finalize and Submit 100% PS&E
Issued for Bid (IFB) PS&E
City Review 100% PS&E
100% Comment Resolution Period
Upgrade PS&E Documents to IFB Package
IV.I Right-of-Way
Finalize Right-of-Way Requirements Maps
Right-of-Way Appraisals
Right-of-Way Acquisition
3/3

ID Task Name Dur. Start Finish Pred. 2025
Jan Apr Jul Oct
2026
Jan Apr Jul Oct
2027
Jan Apr Jul Oct
2028
Jan Apr Jul Oct
2029
Jan Apr Jul Oct
2030
Jan Apr Jul Oct
2031
Jan Apr Jul Oct
2032
Jan Apr
Our experience with environmental constraints
in this area will reduce risk of delays.

Managing the Schedule
• Monitor potential risk items
• Add subtasks where needed to monitor
processes and workflow
• Compare against Target Schedule
• Develop Recovery plan for any tasks falling behind
• Float belongs to the project
Legend
XXXXXXXXXXX Potential Risk Item
Mon XX/XX/XX Key Date
Project Schedule
EXHIBIT "A" Exhibit "A" - 126
538

HARGRAVES GRADE SEPARATION - BANNING, CA

SAN JACINTO RETAINING WALL - AESTHETIC CONCEPT
INTEGRAL COLOR #1 CONCRETE

FLUTED FORMATION ACCENT

HEAVY SANDBLAST FINISH
INTEGRAL COLOR #2 CONCRETE

FORMATION ACCENT

MEDIUM SANDBLAST FINISH
INTEGRAL COLOR #3 CO

FLUTED FORMATION ACCENT

HEAVY SANDBLAST FINISH
Professional Design Services
61 City of Banning  RSCAORNG002509.2024
139 IV.J Coordination, Agreements and Permits 719 days Tue 2/11/25 Wed 12/22/27 140 UPRR 655 days Tue 5/13/25 Wed 12/22/27
141 Develop 10% UPRR Plans 40 days Tue 5/13/25 Wed 7/9/25 28,32,33 142 UPRR Review & Finalize 10% Design 60 days Thu 7/10/25 Thu 10/2/25 141 143 Develop 25% UPRR Plans 40 days Fri 10/3/25 Tue 12/2/25 142 144 UPRR Review & Finalize 25% Design 60 days Wed 12/3/25 Fri 2/27/26 143 145 Develop 30% UPRR Plans 20 days Mon 4/13/26 Fri 5/8/26 77,144 146 UPRR Review & Finalize 30% Design 60 days Mon 5/11/26 Wed 8/5/26 145 147 Develop 90% UPRR Plans 60 days Tue 2/16/27 Mon 5/10/27 114,146 148 UPRR Review & Finalize 90% Design 60 days Tue 5/11/27 Thu 8/5/27 147 149 Develop 100% UPRR Plan 20 days Mon 9/27/27 Mon 10/25/27 126,148 150 UPRR Approval for Construction 40 days Tue 10/26/27 Wed 12/22/27 149 151 CPUC 270 days Mon 10/19/26 Tue 11/16/27
152 CPUC Virtual Diagnostic 15 days Mon 10/19/26 Fri 11/6/26 105FS+20 days 153 CPUC Field Diagnostic 15 days Wed 12/9/26 Wed 12/30/26 152FS+20 days 154 Prepare GO-88B Application 20 days Thu 6/24/27 Thu 7/22/27 120,119 155 City Review of GO-88B Application 10 days Fri 7/23/27 Thu 8/5/27 154 156 Revise and Submit to CPUC 10 days Fri 8/6/27 Thu 8/19/27 155 157 CPUC Review of GO-88B 20 days Fri 8/20/27 Fri 9/17/27 156 158 Revise and Finalize 20 days Mon 9/20/27 Mon 10/18/27 157 159 CPUC Final Review and Approval 20 days Tue 10/19/27 Tue 11/16/27 158 160 FRA 600 days Tue 4/15/25 Thu 9/2/27
161 Routine Monthly Coordination Meetings 600 days Tue 4/15/25 Thu 9/2/27 58 162 Permitting 714 days Tue 2/11/25 Wed 12/15/27
163 Caltrans No Fee Access Permit (for design) 40 days Tue 2/11/25 Tue 4/8/25 12 164 Caltrans Design Engineering Evaluation Report (DEER) 360 days Mon 4/27/26 Fri 10/1/27 78,163 165 Caltrans Encroachment Permit 40 days Mon 10/4/27 Wed 12/1/27 164 166 RCFC & WCD 210 days Tue 2/16/27 Wed 12/15/27 114,80 167 USACE 210 days Tue 2/16/27 Wed 12/15/27 114,80
168 RWQCB 210 days Tue 2/16/27 Wed 12/15/27 114,80
169 CDFW 210 days Tue 2/16/27 Wed 12/15/27 114,80
170 3rd Party Utility Agencies and Owners 315 days Thu 8/20/26 Tue 11/23/27 171 Kinder Morgan 315 days Thu 8/20/26 Tue 11/23/27 78,102 172 Southern California Edison 315 days Thu 8/20/26 Tue 11/23/27 78,102 173 SoCal Gas 315 days Thu 8/20/26 Tue 11/23/27 78,102
174 Frontier 315 days Thu 8/20/26 Tue 11/23/27 78,102
175 AT&T 315 days Thu 8/20/26 Tue 11/23/27 78,102
176 Community Engagement 520 days Tue 2/18/25 Mon 3/15/27 177 Develop Stakeholder Database 40 days Tue 2/18/25 Mon 4/14/25 18 178 Public Outreach Plan 100 days Tue 4/15/25 Thu 9/4/25 177 179 Initial Public Meetings (up to two) 20 days Fri 9/5/25 Thu 10/2/25 68,178 180 Follow-up Public Meetings (up to two) 20 days Tue 2/16/27 Mon 3/15/27 114 181 IV.K Bidding Services 240 days Thu 12/23/27 Tue 12/5/28 182 Contractor Procurement 240 days Thu 12/23/27 Tue 12/5/28 183 Prepare Procurement Package (City) 120 days Thu 12/23/27 Tue 6/13/28 129,166,167,168,169,192 184 Advertisement 40 days Wed 6/14/28 Thu 8/10/28 183,133,150 185 Pre-Bid Meeting 1 day Thu 6/29/28 Thu 6/29/28 184SS+10 days 186 Respond to Requests for Clarification (15) and Issue Addenda (2)
60 days Wed 6/14/28 Fri 9/8/28 184SS,185FF
187 Prepare Issued for Construction Plans and Specifications 20 days Mon 9/11/28 Fri 10/6/28 186 188 Assist with bid evaluation 20 days Tue 10/10/28 Mon 11/6/28 184,187 189 Contractor Selection and Award 20 days Tue 11/7/28 Tue 12/5/28 188 190 IV.L Construction Phase Funding 715 days Tue 2/11/25 Thu 12/16/27 191 Develop Funding Strategy Memorandum 60 days Tue 2/11/25 Tue 5/6/25 12 192 Funding Applications 655 days Wed 5/7/25 Thu 12/16/27 191 193 IV. M Construction 670 days Wed 12/6/28 Wed 7/2/31
194 Project Construction 610 days Wed 12/6/28 Wed 4/9/31 189 195 Project Close Out 60 days Thu 4/10/31 Wed 7/2/31 194 IV.J Coordination, Agreements and Permits
UPRR
Develop 10% UPRR Plans
UPRR Review & Finalize 10% Design
Develop 25% UPRR Plans
UPRR Review & Finalize 25% Design
Develop 30% UPRR Plans
UPRR Review & Finalize 30% Design
Develop 90% UPRR Plans
UPRR Review & Finalize 90% Design
Develop 100% UPRR Plan
UPRR Approval for Construction
CPUC
CPUC Virtual Diagnostic
CPUC Field Diagnostic
Prepare GO-88B Application
City Review of GO-88B Application
Revise and Submit to CPUC
CPUC Review of GO-88B
Revise and Finalize
CPUC Final Review and Approval
FRA
Routine Monthly Coordination Meetings
Permitting
Caltrans No Fee Access Permit (for design)
Caltrans Design Engineering Evaluation Report (DEER)
Caltrans Encroachment Permit

RCFC & WCD
USACE
RWQCB
CDFW
3rd Party Utility Agencies and Owners
Kinder Morgan
Southern California Edison
SoCal Gas
Frontier
AT&T
Community Engagement
Develop Stakeholder Database
Public Outreach Plan
Initial Public Meetings (up to two)
Follow-up Public Meetings (up to two)
IV.K Bidding Services
Contractor Procurement
Prepare Procurement Package (City)
Advertisement
Pre-Bid Meeting
Respond to Requests for Clarification (15) and Issue Addenda (2) Prepare Issued for Construction Plans and Specifications Assist with bid evaluation
Contractor Selection and Award
IV.L Construction Phase Funding
Develop Funding Strategy Memorandum
Funding Applications
IV. M Construction
Project Construction
Project Close Out

ID Task Name Dur. Start Finish Pred. 2025
Jan Apr Jul Oct
2026
Jan Apr Jul Oct
2027
Jan Apr Jul Oct
2028
Jan Apr Jul Oct
2029
Jan Apr Jul Oct
2030
Jan Apr Jul Oct
2031
Jan Apr Jul Oct
2032
Jan Apr
Tracking UPRR review cycles is critical to maintaining
schedule. We will overlap with other key submittal
milestones to progress the designs at the same rate.

Community input is critical at key milestones
throughout the project to allow residents to provide
input and understand impacts during construction.

Legend
XXXXXXXXXXX Potential Risk Item
Mon XX/XX/XX Key Date
Project Schedule

BACK TO

WORKFLOW/
SCHEDULE`
EXHIBIT "A" Exhibit "A" - 127
539

HARGRAVES GRADE SEPARATION - BANNING, CA

RAILWAY BARRIER FENCING - AESTHETIC CONCEPT

BRIDGE STRUCTURE
Professional Design Services
City of Banning  RSCAORNG002509.2024 62
Kimley-Horn will rely upon City staff to provide available project-related design documents, related engineering studies, as well as City staff’s participation in project status meetings, agency coordination, and real estate transactions. Additionally, Kimley-Horn will rely on City staff’s timely review and responses of work products to maintain the project schedule.

Specific tasks for City staff’s participation are listed below. For each of these, Kimley-Horn will schedule and lead the meetings unless the City prefers otherwise. Kimley-Horn will provide documentation of meetings with minutes and action items.
ƒ City staff to participate in monthly PDT Meetings.
ƒ City staff to participate in separate update and focus meetings as needed. ƒ Utility Coordination Letters will be prepared by Kimley-Horn but sent out on City letterhead. ƒ City staff to participate in monthly FRA update meetings and the CPUC Diagnostic Meetings. ƒ City staff to participate in UPRR Coordination efforts. ƒ City staff to lead negotiations with UPRR on C&M Agreement. ƒ City staff to participate in Caltrans coordination efforts. ƒ City to provide contract provisions for solicitation and agreement with Contractor (i.e. front-end documents) Kimley-Horn has a long history of providing successful, innovative, and cost-efficient solutions and takes pride in thinking beyond preconceived notions to develop innovative solutions that exceed the expectations of our clients. Our professional team evaluates emerging technology and applies it where it can benefit our projects. We know how to think outside of the box and recognize what trends offer sound design advantages.

For the Hargrave Grade Separation, we offer the following creative approaches:

Adjacent Developments
Our knowledge of the adjacent developments and projects offers opportunities for cost savings. Two examples described earlier in the Approach are 1) the potential to identify redevelopment parcels and reduce costly retaining walls; and 2) the potential to show traffic distribution that justifies an ultimate four-lane facility versus six lanes.

In addition, our team can help coordinate a mutually beneficial arrangement with Morongo to establish access to Section 12 (West) for their development that includes Morongo’s support on the Hargrave Grade Separation. This will also help attract federal funding for construction.

Utility Relocations
Our team will seek additional creative options for utility relocations. We present a jack-and-bore option in the Approach, and will also consider ultimate city facilities, and investigate partnerships with the adjacent developments.

UPRR Approvals
Our approach with UPRR approvals considers two elements for success: 1) providing permanent drainage improvements with the shoofly tracks that adds incentive for UPRR; and 2) based on past experience, develop a contractor work plan that keeps the project moving in the event that UPRR is late on providing approvals.

Schedule
The schedule shows a 36-month duration based on the Scope of Work in the RFP. We believe there are ways to expedite this if desired. We would like to discuss the Project Concept Approval process and potential overlap with design.

Kimley-Horn does not anticipate the need to utilize any City owned facility or property which we would use, lease, purchase, or rent from the City in connection with the services to be performed under this contract.

Tasks
Required
from City
Staff
Innovative
and
Creative
Approaches
City Owned
Facilities
and
Property
EXHIBIT "A" Exhibit "A" - 128
540

HARGRAVES GRADE SEPARATION - BANNING, CA

SAN JACINTO RETAINING WALL - AESTHETIC CONCEPT
INTEGRAL COLOR #1 CONCRETE

FLUTED FORMATION ACCENT

HEAVY SANDBLAST FINISH
INTEGRAL COLOR #2 CONCRETE

FORMATION ACCENT

MEDIUM SANDBLAST FINISH
INTEGRAL COLOR #3 CO

FLUTED FORMATION ACCENT

HEAVY SANDBLAST FINISH
Professional Design Services
68 City of Banning  RSCAORNG002509.2024
Project Manager
Darren Adrian, PE
Key Personnel
Subconsultants:

1. Avant-Garde (DBE)

2. Bess Testlab

3. CH&A (DBE)

4. EMI (DBE)

5. LSA

6. Paragon Partners

7. Saylor Consulting (DBE)

8. VMS
Rail
Austin Stake, PE
At-Grade Crossings
Eugene Huang, PE
Ali Abualia, EIT
CPUC Coordination
Austin Stake, PE
UPRR Coordination
Wiley McCain, PE
Rail Design
Zachary Teague, PE
Gabe Keehn, EIT
Structures
Andrew Sanford, PE
Structures Engineering -
Bridges
Jose Ramirez, PE
Conner Doolan, PE, SE
Andres Cuevas, PE
Structures Engineering -
Walls
Steve Johnson, PE, SE
Brian Nakashoji, PE
Kaitlyn Fisher, PE
Structures Engineering -
Indecpendent Check
Steve Johnson, PE, SE
Quality Assurance
Chad Phillips
Additional Support Services
Geotechnical
Alahesh Thurairajah, PE, GE, BC.GE 4
Pratha Ragavan, PE 4
Right-of-Way
Mark Mendoza, MRED 6
Dan Atkins, CRB 6
Landscape/Aesthetics
Matt Durham, ASLA
Wade Ganes, ASLA
Specifications
Pearse Melvin, PE
Value Analysis
Eric Trimble, CVS, PMP 8
Public Outreach
Ana Marie LeNoue 1
Julianna Carrera 1
Adriana Robledo 1
Potholing
Donald Whitman 2
Michael Horne 2
ADA Compliance
Kirk Ammerman, PE
Construction Scheduling
Drew Erickson 7
Cost Estimating
Austin Stake, PE
Ian Slight, CQS/CBS 7
Funding
Lissette Montoya 1
FRA Grant
Implementation
Melissa DuMond, AICP
Corey Hill
Sarah Sciarrino, AICP
Grant Writing
Keith LeNoue 1
Megan LeNoue 1
Benefit-Cost Analysis
David Samba, PE, PTOE
Environmental
Deborah Pracilio 5
CEQA Compliance
Dana Privitt, AICP
Paleontology
Kelly Vreeland 5
Cultural/Historical
Resources
Jessica Mauck
Jamie Parra, MA, RPA
Biological Resources
Jodi Ross-Borrego Community Impacts 5
Ryan Bensley, AICP 5
NEPA Compliance
Melissa DuMond, AICP (FRA)
Trevor Wimmer 5 (Caltrans)
Water Quality
Pam Reading 5
Air Quality/GHG
Ace Malisos
Noise and Vibration
Ace Malisos
Noemi Wyss, AICP
Visual Analysis
Michael Madsen, PLA, ASLA
Hazardous Materials
Jennifer Steen, AICP
Cassie Bretschger, ENV SP
Constructibility Reviews
Drew Erickson 7

CITY OF

BANNING
Roadway Design
Alan Huynh, PE
Kameron Qureshi, PE
Signal/Lighting Design
Jason Melchor, PE
Timothy Chan, PE
Dry Utility Coordination
Aaron So, EIT, ENV S, LEED GA
Blake Thomas, EIT
Traffic Studies/TMP
Jim Roldan, TE
Ambarish Mukherjee, PE, AICP 5
Surveying/Mapping
Camden Cabrinha, PLS 3
Jamie Bertchume, PLS 3
Offsite Design
Jason Marechal,

PE, LEED AP
Wet Utilities
Sam McWhorter, PE
Maddie Priest, PE
Nick Watt (Kinder Morgan)
Drainage/Water Quality
Sam McWhorter, PE
Tanaya Bell, PE, ENV SP
Kristen Heerding, EIT
Civil/Roadway
Jason Valencia, PE
EXHIBIT "A" Exhibit "A" - 129
541
Hargrave Grade Separation Sheet Count Table 11/11/2024
Sheet Title Scale Sheet Count
Basic Roadway Plans 80
General Plans 8
Title Sheet and Location Map NTS 1
Drawing Index, General Notes, Abbreviations NTS 1
Key Map and Line Index NTS 1
Survey Control NTS 1
Right-of-Way Plans NTS 4
Civil Sheets 72
Typical Sections NTS 5
Layouts 1" = 50' 5
Profiles and Superelevation Diagrams H: 1" = 50'
V: 1" = 10' 5
Construction Details 1" = 10' 20
Offsite Improvements 1" = 20' 6
Intersection Details 1" = 20' 4
Contour Grading 1" = 50' 5
Cross Sections 1" = 10' 10
Temp Water Pollution Control 1" = 50' 6
Erosion Control 1" = 50' 6
Rail Plans 62
Rail Road General Notes NTS 1
Rail Road Details NTS 2
Rail Road Construction Phasing NTS 2
Shoofly Typical Sections NTS 2
Shoofly Plan and Profile 1" = 50' 5
Shoofly Grading Plans 1" = 50' 5
Shoofly Geom Table NTS 1
Shoofly Cross Sections NTS 15
Railroad Mainline Track Typical Sections NTS 2
Railroad Mainline Track Plan and Profile 1" = 50' 5
Railroad Mainline Grading Plans 1" = 50' 5
Railroad Mainline Track Geom Table NTS 1
Railroad Mainline Track Cross Sections NTS 15
Spur Track Detail Sheet 1" = 50' 1
Traffic Plans 45
Stage Construction and Traffic Handling 28
Stage Construction Plans and Quantities NTS 4
Traffic Handling and Quantities 1" = 50' 20
Detour Plans NTS 4
Pavement Delineation and Sign Plan 8
Signing and Striping Plans 1" = 50' 5
Signing and Striping Details NTS 3
Street Lighting Plans 7
Street Lighting Plans 1" = 50' 5
Street Lighting Details NTS 2
Traffic Signal Plans 2
Traffic Signal 1"=20' 2
https://kimleyhorn.sharepoint.com/sites/Banning-HargraveGSPAED/Shared Documents/General/Scope_Fee/Sheet Count List.xlsx1 of 2 EXHIBIT "A" Exhibit "A" - 130
542
Hargrave Grade Separation Sheet Count Table 11/11/2024
Utility Plans 1" = 20' 29
Sewer 1" = 20' 9
Water 1" = 20' 6
Composite Existing 1" = 50' 4
Composite Proposed 1" = 50' 4
Utility Details NTS 2
Pothole Plans 1" = 50' 4
Landscape and Irrigation Plans 18
Landscape Plans and Details (City Limits) 9
Landscape Cover Sheet NTS 1
Landscape Plans 1" = 50' 5
Landscape Schedule and Details NTS 3
Irrigation Plans and Details (City Limits) 9
Irrigation Cover Sheet NTS 1
Irrigation Plans 1" = 50' 5
Irrigation Schedule and Details NTS 3
Drainage Plans, Profiles and Details 20
Drainage Layout 1" = 50' 5
Drainage Profiles 1"=10' 8
Culvert Crossing 1" = 50' 2
Drainage Details NTS 5
Miscellaneous Plans 54
Underpass Bridge Plans 1" = 20' 28
Undercrossing Retaining Wall Plans 1" = 20' 13
Miscellaneous Retaining Wall Plans 1" = 20' 10
Log of Test Borings NTS 3
Total Sheet Count 308
https://kimleyhorn.sharepoint.com/sites/Banning-HargraveGSPAED/Shared Documents/General/Scope_Fee/Sheet Count List.xlsx2 of 2 EXHIBIT "A" Exhibit "A" - 131
543
Exhibit “A”-132
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the services, Consultant will keep the City appraised through periodic status reports regarding the performance of the services under this Agreement by the following means:

A. In-person meetings.

B. Email updates/questions to applicant team and City while reviews are underway.

C. Conference calls.

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
544
Exhibit “B”-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
545
Exhibit “B”-2

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works,” Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
546
Exhibit “B”-3

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.

Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Date______________ Signature___________________________ 547
Exhibit “B”-4

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
548
Exhibit “C”-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates as attached as Exhibit C-1:

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services.

II. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. 549
Exhibit “C-1”
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
550

HARGRAVES GRADE SEPARATION - BANNING, CA

SAN JACINTO RETAINING WALL - AESTHETIC CONCEPT
INTEGRAL COLOR #1 CONCRETE

FLUTED FORMATION ACCENT

HEAVY SANDBLAST FINISH
INTEGRAL COLOR #2 CONCRETE

FORMATION ACCENT

MEDIUM SANDBLAST FINISH
INTEGRAL COLOR #3 CO

FLUTED FORMATION ACCENT

HEAVY SANDBLAST FINISH
Professional Design Services
Hours Labor Hours Labor Hours Labor Hours Labor Hours Labor Hours Labor Hours Labor Hours Labor Task 1 1,738 $ 485,411.95 149 $ 32,920.55 312 $ 39,456.36 2,199 $ 557,788.86 Task 2 1,112 $ 238,195.27 606 $ 96,501.03 24 $ 5,021.22 814 $ 128,980.27 2,556 $ 468,697.79 Task 3 124 $ 28,652.68 124 $ 28,652.68
Task 4 1,543 $ 339,131.75 150 $ 28,280.11 62 $ 8,045.96 15 $ 3,376.30 1,770 $ 378,834.11 Task 5 598 $ 136,439.12 702 $ 120,987.16 10 $ 1,295.84 1,310 $ 258,722.11 Task 6 15,412 $ 3,333,450.05 1,100 $ 197,686.81 220 $ 52,935.88 248 $ 74,651.80 16,980 $ 3,658,724.53 Task 7 450 $ 117,858.30 230 $ 39,627.06 739 $ 80,194.47 1,419 $ 237,679.83 Task 8 2,101 $ 534,363.38 182 $ 24,670.97 2,283 $ 559,034.35 Task 9 445 $ 102,461.63 445 $ 102,461.63
Task 10 60 $ 15,544.39 140 $ 23,445.46 200 $ 38,989.85
23,583 322 836 1,274 1,665 1,123 235 248 29,286
$ 5,331,508.52 $ 48,116.43 $ 136,128.09 $ 230,988.13 $ 282,887.99 $ 128,992.63 $ 56,312.18 $ 74,651.80 $ 6,289,585.77 $ 1,039,648.62
$ 568,649.04 $ 2,042.27 $ 1,361.28 $ 21,311.54 $ 25,394.50 $ 3,732.59 $ 622,491.22 $ 179,158.00 $ 12,800.00 $ 12,642.00 $ 84,595.00 $ 8,482.40 $ 119,480.00 $ 417,157.40 $ 6,079,315.56 $ 62,958.70 $ 150,131.37 $ 336,894.68 $ 316,764.89 $ 248,472.63 $ 56,312.18 $ 78,384.39 $ 7,329,234.39 All Tasks 1187 $ 272,404.18 275 $ 38,854.93 48 $ 8,149.16 $ 23,796.02 977 $ 163,627.49 2,212 $ 506,831.78 $ 29,054.14 $ 1,892.15 $ 10,316.49 $ 8,362.98 $ 44,083.14 $ 93,708.89 $ 29,054.14 $ 1,892.15 $ 81.49 $ 2,195.48 $ 40,083.14 $ 73,306.39 $ - $ 10,235.00 $ 6,167.50 $ 4,000.00 $ 20,402.50
$ 301,458.32 $ 40,747.08 $ 18,465.65 $ 32,159.00 $ 207,710.62 $ 600,540.67 TOTAL COST with Optional Tasks included: $ 6,380,773.88 $ 103,705.78 $ 168,597.01 $ 369,053.68 $ 524,475.51 $ 248,472.63 $ 56,312.18 $ 78,384.39 $ 7,826,069.28 Tasks
November 12, 2024

CITY OF BANNING
RFP 24-085 HARGRAVE GRADE SEPARATION PROFESSIONAL DESIGN SERVICES Total Project
Labor

SUMMARY OF COSTS
Kimley-Horn and
Associates, Inc.

Expenses
Total
Project
Hours
Cabrinha, Hearn, &
Associates
Construction Phase Funding
Bidding Services
Coordination, Agreements & Permits
Other Direct Costs
Labor Escalation
Expenses
TOTAL COST for OPTIONAL TASKS
Value Management
Strategies, Inc. Saylor Consulting Paragon Partners Consultants, Inc. Earth Mechanics, Inc. LSA Associates, Inc.

Optional Tasks
Optional Tasks
TOTAL COST:

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Labor Escalation
Right-of-Way
Plans, Specifications & Estimates (PS&E)
Environmental Documentation
Concept Development & Project Approval
Project Administration
Avant-Garde
Corporation
Data Collection
Basis of Design Document

All travel costs charged to the City by Kimley-Horn or its Subconsultants, including, but not limited to, travel, lodging and subsistence, shall not exceed the current IRS rates.

EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
Exhibit "C-1" - 1
551
196.54% Overhead% Name Darren
Adrian
195.57% Overhead% w/o FCCM Category/Title Project
Manager
10% Fee% Direct Rate $123.42 $115.67 $102.44 $92.21 $78.83 $69.16 $62.17 $55.73 $49.84 $38.71 Billing Rate $402.47 $377.20 $334.05 $300.69 $257.06 $225.53 $202.73 $181.73 $162.53 $126.23 Task 1 446 20 142 120 320 328 64 104 62 132 1,738 $ 485,411.95 $ 32,920.55 $ 39,456.36 $ 557,788.86

1.1 200 10 70 40 100 100 50 40 40 20 670 $ 194,368.16 $ 39,456.36 $ 233,824.52

1.2 20 40 10 10 80 $ 23,366.81 $ 23,366.81

1.3 10 4 16 4 4 48 4 28 4 12 134 $ 31,999.12 $ 31,999.12

1.4 72 144 72 288 $ 70,542.61 $ 17,680.51 $ 88,223.12

1.5 144 6 56 36 216 36 36 18 18 566 $ 165,135.26 $ 15,240.04 $ 180,375.30 Task 2 46 104 214 60 40 200 424 24 1,112 $ 238,195.27 $ 96,501.03 $ 5,021.22 $ 128,980.27 $ 468,697.79

2.1 6 40 40 20 106 $ 23,217.19 $ 96,501.03 $ 119,718.22

2.2 4 40 60 8 112 $ 22,653.83 $ 22,653.83

2.3 8 4 20 60 92 $ 19,970.57 $ 19,970.57

2.4 4 40 60 12 116 $ 21,897.41 $ 21,897.41

2.5 2 12 6 40 80 140 $ 27,467.48 $ 27,467.48

2.6 2 10 4 16 $ 3,880.49 $ 5,021.22 $ 8,901.71

2.7 4128 24 $ 7,675.02 $ 57,788.68 $ 65,463.69
288 18 $ 5,533.87 $ 9,494.47 $ 15,028.34

2.8 2 8 12 24 46 $ 10,462.76 $ 10,462.76
4 12 16 $ 5,618.52 $ 61,697.12 $ 67,315.64
4 26 50 60 100 240 $ 50,305.09 $ 50,305.09
4 22 40 40 80 186 $ 39,513.04 $ 39,513.04
Task 3 8 8 5 5 30 40 20 8 124 $ 28,652.68 $ 28,652.68

3.1 8 8 5 5 30 40 20 8 124 $ 28,652.68 $ 28,652.68
Task 4 59 2 130 199 197 243 568 133 12 1,543 $ 339,131.75 $ 28,280.11 $ 8,045.96 $ 3,376.30 $ 378,834.11

4.1 8 2 18 40 20 20 80 60 248 $ 53,125.18 $ 53,125.18

4.2 4 24 163 122 313 $ 64,844.42 $ 64,844.42
4 29 171 154 358 $ 77,849.85 $ 77,849.85

4.3 10 9 30 20 60 129 $ 29,701.76 $ 29,701.76
2 2 20 6 30 60 $ 12,580.50 $ 12,580.50
2 20 10 40 72 $ 17,325.99 $ 17,325.99
8 20 40 68 $ 15,083.03 $ 15,083.03
2 2 10 8 22 $ 5,343.88 $ 28,280.11 $ 33,623.99
2 10 6 6 24 $ 6,778.25 $ 6,778.25
2 6 20 6 40 20 6 100 $ 20,580.96 $ 3,376.30 $ 23,957.26 2 8 6 16 $ 3,836.60 $ 8,045.96 $ 11,882.56
6 2 20 40 9 6 83 $ 18,553.68 $ 18,553.68

4.4 15 15 20 50 $ 13,527.64 $ 13,527.64
Task 5 48 18 100 52 40 70 30 240 598 $ 136,439.12 $ 120,987.16 $ 1,295.84 $ 258,722.11

5.1 26 8 $ 2,347.31 $ 13,314.22 $ 15,661.53

5.2 $ - $ 34,477.51 $ 34,477.51
8 12 20 $ 7,228.40 $ 7,228.40
4 6 30 40 30 110 $ 23,479.51 $ 23,479.51
20 6 20 20 66 $ 18,445.48 $ 73,195.43 $ 91,640.91
4 40 6 60 110 $ 24,931.62 $ 24,931.62
8 60 8 120 196 $ 42,821.10 $ 42,821.10
2 6 10 30 40 88 $ 17,185.70 $ 1,295.84 $ 18,481.54
Task 6 425 10 1,160 525 1,613 1,914 2,535 4,210 2,940 80 15,412 $ 3,333,450.05 $ 197,686.81 $ 52,935.88 $ 74,651.80 $ 3,658,724.53

6.1 8 5 30 40 40 120 10 253 $ 58,334.87 $ 58,334.87
10 5 40 80 40 180 10 365 $ 85,412.14 $ 85,412.14
10 36 70 140 10 266 $ 58,061.05 $ 58,061.05
4 25 10 39 $ 9,661.70 $ 197,686.81 $ 207,348.51
10 80 70 125 5 290 $ 64,814.22 $ 64,814.22
$ -
40 174 165 379 $ 78,624.04 $ 78,624.04
55 231 175 461 $ 102,273.51 $ 102,273.51

CITY OF BANNING
RFP 24-085 HARGRAVE GRADE SEPARATION PROFESSIONAL DESIGN SERVICES Subconsultants
Earth
Mechanics, Inc.

Total Cost
LSA
Total Cost
Paragon
Total Cost
Saylor
Total Cost
VMS
Total Cost
TOTAL

PROJECT
COSTS
Sr.

Professional I
Project Development Team Meetings (36)
Water Quality Management Plan / Base SWPPP
Hydrology & Hydraulics Reports
Traffic Management Plan
Geotechnical Investigations & Report
Landscape & Aesthetic Concepts
Structure Type Selection Report
Cabrinha,
Hearn, &
Associates
Total Cost
Kimley-Horn and Associates, Inc.

Project
Support Kimley
Horn
Total Hours
Kimley-Horn
Total Cost
Professional III Professional II Professional I Analyst II Analyst I

PROJECT ADMINISTRATION
Project Management Plan
Quality Control Plan
Project Controls (Budgeting, Cost Accounting and
Progress Reporting)
Sr.

Professional II
Geometric Concepts
Bridge and Retaining Wall Concepts
General Meetings and Coordination
Retaining Wall APS
Bridge Underpass APS

DATA COLLECTION
CEQA Statutory Exemption
NEPA
Sr.

Professional III
Traffic Forecasting Volumes Report (LSA)
Biological Resources
Preliminary Traffic Analysis Report
Construction Cost Estimates
Right-of-Way Cost Estimates
Project Concept Report
Plan and Profile Exhibits
Right-of-Way Exhibits
Utility Exhibits
Structure Exhibits

CONCEPT DEVELOPMENT & PROJECT APPROVAL
Utility Notification

BASIS OF DESIGN DOCUMENT
Preliminary Geotechnical Report
Air Quality
Noise Study
Initial Site Assessment
Traffic Study
Cultural Resources

ENVIRONMENTAL DOCUMENTATION
Aerial Mapping
Potholing
Right-of-Way Base Mapping

BASIS OF DESIGN DOCUMENT
Utility Base Mapping
Geotechnical Records Research and Findings
Traffic Analyses
Caltrans Traffic Reports
Preliminary Traffic Analysis
Update Traffic Analysis
Traffic Forecasting and Operations Assessment Methodology and Assumptions Memorandum
Intersection Control Evaluation / Intersection Safety and Operational Assessment Process (ISOAP)
Traffic Operations Analysis Report (TOAR)

PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
Reports
I-10 Hargrave Undercrossing Retaining Wall
Hargrave Street Underpass
Project Concept Report
Project Concept Approval
Avant-Garde
Total Cost

EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
Exhibit "C-1" - 2
552
196.54% Overhead% Name Darren
Adrian
195.57% Overhead% w/o FCCM Category/Title Project
Manager
10% Fee% Direct Rate $123.42 $115.67 $102.44 $92.21 $78.83 $69.16 $62.17 $55.73 $49.84 $38.71 Billing Rate $402.47 $377.20 $334.05 $300.69 $257.06 $225.53 $202.73 $181.73 $162.53 $126.23

CITY OF BANNING
RFP 24-085 HARGRAVE GRADE SEPARATION PROFESSIONAL DESIGN SERVICES Subconsultants
Earth
Mechanics, Inc.

Total Cost
LSA
Total Cost
Paragon
Total Cost
Saylor
Total Cost
VMS
Total Cost
TOTAL

PROJECT
COSTS
Sr.

Professional I Cabrinha,
Hearn, &
Associates
Total Cost
Kimley-Horn and Associates, Inc.

Project
Support Kimley
Horn
Total Hours
Kimley-Horn
Total Cost
Professional III Professional II Professional I Analyst II Analyst I Sr.

Professional II
Sr.

Professional III
Avant-Garde
Total Cost

6.2 20 10 10 20 40 100 200 $ 46,732.63 $ 46,732.63
5 70 445 140 660 $ 141,055.70 $ 141,055.70
5 200 205 $ 42,559.25 $ 42,559.25
5 80 635 100 820 $ 190,120.75 $ 190,120.75
5 360 365 $ 94,554.76 $ 94,554.76
5 57 456 90 608 $ 129,856.39 $ 129,856.39
5 190 195 $ 44,862.79 $ 44,862.79

6.3 5 20 50 75 $ 14,307.18 $ 14,307.18
5 8 15 28 $ 6,164.67 $ 6,164.67
5 20 50 75 $ 16,948.24 $ 16,948.24
60 100 230 230 420 420 700 2,160 $ 443,794.86 $ 443,794.86 2 10 8 10 10 40 80 $ 16,295.46 $ 16,295.46
60 55 100 150 210 230 550 1,355 $ 275,819.36 $ 275,819.36 38 88 180 260 270 530 1,366 $ 278,880.05 $ 278,880.05
20 60 130 130 320 660 $ 139,874.74 $ 139,874.74
20 10 65 20 80 150 5 350 $ 79,128.74 $ 79,128.74
20 30 60 40 100 100 350 $ 79,559.84 $ 79,559.84
5 40 90 1,065 1,200 $ 229,218.64 $ 229,218.64
5 15 50 525 595 $ 112,570.15 $ 112,570.15
5 15 50 420 490 $ 93,488.10 $ 93,488.10
10 20 40 70 $ 14,982.85 $ 14,982.85

6.4 60 190 150 250 50 40 740 $ 213,313.74 $ 213,313.74

6.5 20 50 30 60 80 100 150 490 $ 109,791.32 $ 23,198.68 $ 132,990.00

6.6 10 40 80 130 $ 37,951.82 $ 29,737.20 $ 67,689.02

6.7 8 14 10 40 20 92 $ 24,436.47 $ 74,651.80 $ 99,088.27 Task 7 80 190 160 20 450 $ 117,858.30 $ 39,627.06 $ 80,194.47 $ 237,679.83

7.1 50 100 100 5 255 $ 67,076.69 $ 3,026.43 $ 70,103.12

7.2 10 30 40 5 85 $ 20,177.74 $ 20,177.74

7.3 20 60 20 10 110 $ 30,603.88 $ 39,627.06 $ 77,168.04 $ 147,398.98 Task 8 295 35 211 95 461 168 260 110 426 40 2,101 $ 534,363.38 $ 24,670.97 $ 559,034.35

8.1 50 10 30 20 100 20 60 290 $ 79,899.31 $ 79,899.31

8.2 15 25 36 60 136 $ 31,425.02 $ 31,425.02

8.3 100 5 35 30 160 20 60 410 $ 118,237.72 $ 118,237.72 5 20 25 $ 7,153.59 $ 7,153.59
10 10 10 20 30 20 100 $ 24,215.96 $ 24,215.96
10 20 10 50 80 60 230 $ 50,856.13 $ 50,856.13

8.4 10 20 40 10 80 $ 21,303.26 $ 21,303.26

8.5 40 80 60 160 40 380 $ 97,185.38 $ 97,185.38

8.6 45 36 36 72 36 40 265 $ 66,529.59 $ 24,670.97 $ 91,200.56 10 15 20 60 80 185 $ 37,557.41 $ 37,557.41
Task 9 35 10 80 20 80 40 180 445 $ 102,461.63 $ 102,461.63

9.1 5 10 40 40 80 175 $ 38,923.59 $ 38,923.59

9.2 20 40 40 20 120 $ 32,348.82 $ 32,348.82

9.3 10 20 40 80 150 $ 31,189.22 $ 31,189.22
Task 10 10 20 10 20 60 $ 15,544.39 $ 23,445.46 $ 38,989.85

10.1 10 20 10 20 60 $ 15,544.39 $ 23,445.46 $ 38,989.85 1,452 85 1,770 1,135 2,909 2,797 3,252 5,262 4,605 316 23,583 $584,384.87 $32,061.69 $591,275.17 $341,287.74 $747,794.13 $630,803.73 $659,292.61 $956,283.56 $748,435.66 $39,889.36 $ 5,331,508.52 $ 48,116.43 $ 136,128.09 $ 230,988.13 $ 282,887.99 $ 128,992.63 $ 56,312.18 $ 74,651.80 $ 6,289,585.77 $ 747,807.04 $ 14,842.27 $ 14,003.28 $ 105,906.54 $ 33,876.90 $ 119,480.00 $ 3,732.59 $ 1,039,648.62 $ 568,649.04 $ 2,042.27 $ 1,361.28 $ 21,311.54 $ 25,394.50 $ 3,732.59 $ 622,491.22 $ 3,960.00 $ 3,960.00
$ 15,000.00 $ 15,000.00
$ 15,000.00 $ 15,000.00
$ 10,000.00 $ 10,000.00
$ 2,000.00 $ 2,000.00
$ 15,000.00 $ 15,000.00
$ 118,198.00 $ 118,198.00
` $ 12,800.00 $ 12,642.00 $ 84,595.00 $ 8,482.40 $ 119,480.00 $ 237,999.40 $ 6,079,315.56 $ 62,958.70 $ 150,131.37 $ 336,894.68 $ 316,764.89 $ 248,472.63 $ 56,312.18 $ 78,384.39 $ 7,329,234.39 Construction Schedule
Plan Preparation

CONSTRUCTION PHASE FUNDING
Permit Fees
Travel/Mileage
UPRR License Fee
Renderings (Photo simluations)

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Escalation
Traffic Counts (extra intersection counts for TMP)
Cost Estimates
General Plans
Survey Control Plans
Right-of-Way Plans
Roadway Plans
Railroad Track Plans
Traffic Plans
Utility Plans
Landscaping & Irrigation Plans
Drainage Plans

COORDINATION, AGREEMENTS & PERMITS
Union Pacific Railroad (UPRR)
California Public Utilities Commission (CPUC)

CONSTRUCTION PHASE FUNDING
Appraisal Maps, Plats, and Descriptions
Riverside County Flood Control and Water Conservation
Community Engagement
Design Engineering Evaluation Report (DEER)

BIDDING SERVICES
Resident Engineer (RE) Pending File
Bidding Phase Support
Conformed Plans and Specification
TOTAL COST:

Utility Coordination
Encroachment Permits
Caltrans District 8
Underpass Bridge Wall Independent Check
Misc. Wall Design
Misc. Wall Independent Check
Misc. Retaining Wall Plans
Log of Test Borings
Specifications
Working Roadway Cross Sections
Value Analysis
Undercrossing Retaining Wall Plans
Potholing Allowance (Up to 40)
Calculations
Underpass Bridge Structural Calculations
Right-of-Way Requirements
Subconsultant Expenses
Utility Agency Fees
Outside Printing/Courier Services
Caltrans Coordination
Design Standard Decision Document (DSDD)

RIGHT-OF-WAY
Right-of-Way Maps
Civil/Survey Calculations
Undercrossing Retaining Wall Structural Calculations
Undercrossing Retaining Wall Independent Check
Underpass Bridge Plans

EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
Exhibit "C-1" - 3
553
196.54% Overhead% Name Darren
Adrian
195.57% Overhead% w/o FCCM Category/Title Project
Manager
10% Fee% Direct Rate $123.42 $115.67 $102.44 $92.21 $78.83 $69.16 $62.17 $55.73 $49.84 $38.71 Billing Rate $402.47 $377.20 $334.05 $300.69 $257.06 $225.53 $202.73 $181.73 $162.53 $126.23

CITY OF BANNING
RFP 24-085 HARGRAVE GRADE SEPARATION PROFESSIONAL DESIGN SERVICES Subconsultants
Earth
Mechanics, Inc.

Total Cost
LSA
Total Cost
Paragon
Total Cost
Saylor
Total Cost
VMS
Total Cost
TOTAL

PROJECT
COSTS
Sr.

Professional I Cabrinha,
Hearn, &
Associates
Total Cost
Kimley-Horn and Associates, Inc.

Project
Support Kimley
Horn
Total Hours
Kimley-Horn
Total Cost
Professional III Professional II Professional I Analyst II Analyst I Sr.

Professional II
Sr.

Professional III
Avant-Garde
Total Cost

2.1.1 2 10 5 40 57 $ 10,890.30 $ 8,149.16 $ 19,039.46

4.1.1 8 2 10 40 40 120 220 $ 43,949.85 $ 43,949.85

5.1.1 2 4 2 8 $ 2,158.24 $ 7,730.91 $ 9,889.15

5.2.1 86 14 $ 4,762.12 $ 18,750.94 $ 23,513.06

5.2.2 23 5 $ 1,576.12 $ 9,792.15 $ 11,368.27

5.2.3 23 5 $ 1,576.12 $ 10,749.09 $ 12,325.21

5.2.4 6 8 12 26 $ 7,905.11 $ 23,796.02 $ 31,701.13

5.2.5 4 6 4 14 $ 3,802.36 $ 32,815.39 $ 36,617.74

5.2.6 14 5 $ 1,430.72 $ 11,710.03 $ 13,140.75

5.2.7 4 8 6 18 $ 4,641.53 $ 35,668.28 $ 40,309.81

5.3 2 20 4 4 4 34 $ 8,942.10 $ 8,942.10
12 10 60 8 110 80 280 $ 58,357.60 $ 58,357.60

6.1 6 15 40 80 40 181 $ 40,427.94 $ 40,427.94

8.7 20 40 20 80 $ 21,582.40 $ 36,410.71 $ 57,993.11

10.1.1 40 10 60 70 60 240 $ 60,401.64 $ 38,854.93 $ 99,256.58 117 39 98 248 70 85 154 292 84 1187
$47,088.86 $13,028.10 $29,468.02 $63,751.44 $15,787.01 $17,232.43 $27,987.01 $47,457.81 $10,603.50 $ 272,404.18 $ 38,854.93 $ 8,149.16 $ 23,796.02 $ 163,627.49 $ 506,831.78 $ 29,054.14 $ 1,892.15 $ 10,316.49 $ 8,362.98 $ 44,083.14 $ 93,708.89 $ 29,054.14 $ 1,892.15 $ 81.49 $ 2,195.48 $ 40,083.14 $ 73,306.39 $ 10,235.00 $ 6,167.50 $ 4,000.00 $ 20,402.50
$ 301,458.32 $ 40,747.08 $ 18,465.65 $ 32,159.00 $ 207,710.62 $ 600,540.67 TOTAL COST with Optional Tasks included: $ 6,380,773.88 $ 103,705.78 $ 168,597.01 $ 369,053.68 $ 524,475.51 $ 248,472.63 $ 56,312.18 $ $ 7,929,775.06 78,384.39 Visual Impact Assessment
VIA Work Plan
Visual Impact Assessment
Grant Funding Support
Storm Water Data Report (Long-Form)
CEQA SE Memorandum
2nd Aerial Survey
Caltrans Geometric Approval Drawing (GAD)
Aerially Deposited Lead Investigation
Community Impact Assessment
Paleontological Assessment (PIR/PER)
Water Quality Assessment Report
Expenses
Optional Tasks
DBESP
Focused Burrowing Owl Survey
NEPSSA Survey
Resource/Regulatory Permitting
Other Direct Costs
Escalation
TOTAL COST for OPTIONAL TASKS
Optional Tasks Subtotal Labor:

OPTIONAL TASKS TOTAL HOURS

EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
Exhibit "C-1" - 4
554
Name
Ana Marie
LeNoue
Lissette
Montoya Megan LeNoue Julianna
Carrera Keith LeNoue Adriana
Robledo
Antonio
Solorzano
186.46% Overhead % Category/Title
Program
Director
Program
Manager
Program
Manager
Program
Manager
Program
Manager
Program
Coordinator
Program
Coordinator
10% Fee% Direct Rate $134.07 $140.19 $43.27 $45.67 $38.50 $34.00 $25.00 Billing Rate $422.46 $441.75 $136.35 $143.91 $121.32 $107.14 $78.78 Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7
Task 8 18 48 36 80 182 $ 24,670.97

8.6 18 48 36 80 182 $ 24,670.97
Develop Outreach Plan 10 6 2 2 20 $ 5,459.90
Organize and Attend 4 public meetings 4 24 24 8 60 $ 8,345.14 Maintain Stakeholder database 2 2 20 24 $ 2,708.27
Produce and send notices 2 16 10 50 78 $ 8,157.65
Task 9 $ -
Task 10 15 65 30 30 140 $ 23,445.46
18 15 65 78 30 36 80 322
$7,604.33 $6,626.21 $8,862.51 $11,224.89 $3,639.47 $3,856.90 $6,302.12 $ 48,116.43 $ 14,842.27
$ 2,042.27
$ 2,000.00
$ 10,800.00
$ 62,958.70
Task O

10.1.1 10 10 60 85 40 70 275 $ 38,854.93
10 10 60 85 40 70 275
$ 4,224.63 $ 4,417.47 $ 8,180.78 $ 12,232.26 -$ 4,285.44 $ $ 5,514.36 $ 38,854.93 $ 1,892.15
$ 40,747.08
TOTAL COST with Optional Tasks included: $ 103,705.78
Other Direct Costs
Escalation
TOTAL COST for OPTIONAL TASKS

PROJECT ADMINISTRATION

CITY OF BANNING
Hargrave Grade Separation Professional Design Services
Advanced Avant-Garde Corporation
Total Hours Total Costs

DATA COLLECTION

CONCEPT DEVELOPMENT & PROJECT APPROVAL

BASIS OF DESIGN DOCUMENT

ENVIRONMENTAL DOCUMENTATION

PLANS, SPECIFICATIONS & ESTIMATES (PS&E)

COORDINATION, AGREEMENTS & PERMITS

RIGHT-OF-WAY

BIDDING SERVICES
Community Engagement

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Escalation
Full color Postcard production 5000 pcs
Postage and handling (4500 postal customers)

CONSTRUCTION PHASE FUNDING

OPTIONAL TASKS TOTAL HOURS
Optional Tasks Subtotal Labor:

TOTAL COST:

Optional Tasks
Grant Funding Support

EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
Exhibit "C-1" - 5
555
Name
Camden
Cabrinha
Jamie
Bertchume Edward Uribe Imelda
Torres
Christian
Hidalgo
Michael
Naylor
Jonathan
Garcia
149.15% Overhead % Category/Title
Survey Project
Manager
PLS Party
Chief Party Chief Party Chief Chainman Chainman Chainman Apprentice 10% Fee% Direct Rate $80.10 $73.50 $64.01 $64.01 $56.78 $56.78 $34.07 $50.00 $55.00 $55.00 Billing Rate $219.53 $201.44 $175.43 $175.43 $155.61 $155.61 $93.37 $137.03 $150.74 $150.74 Task 1
Task 2 64 16 88 80 100 24 60 100 54 20 606 $ 96,501.03

2.1 64 16 88 80 100 24 60 100 54 20 606 $ 96,501.03
Task 3
Task 4
Task 5
Task 6
Task 7 90 90 50 230 $ 39,627.06

7.3 90 90 50 230 $ 39,627.06
Task 8 $ -
Task 9 $ -
Task 10 $ -
154 16 88 80 100 24 60 190 104 20 836
$33,807.01 $3,223.00 $15,437.75 $14,034.32 $15,561.41 $3,734.74 $5,602.44 $26,036.18 $15,676.52 $3,014.72 $ 136,128.09 $ 14,003.28
$ 1,361.28
$ 12,642.00
$ 150,131.37

2.1.1 8 16 16 8 48 $ 8,149.16
8 16 16 8 48
$ 1,756.21 -$ 2,806.86 $ -$ 2,489.83 $ -$ -$ 1,096.26 $ -$ -$ $ 8,149.16 $ 10,316.49
$ 81.49
$ 10,235.00
$ 18,465.65
TOTAL COST with Optional Tasks included: $ 168,597.01
TOTAL COST for OPTIONAL TASKS

OPTIONAL TASKS TOTAL HOURS
Optional Tasks Subtotal Labor:

CITY OF BANNING
Hargrave Grade Separation Professional Design Services

CABRINHA, HEARN & ASSOCIATES
CAD Office
surveyor Surveyor Admin
Support
Total Hours

DATA COLLECTION
Aerial Mapping
Total Costs

PROJECT ADMINISTRATION

BASIS OF DESIGN DOCUMENT

CONCEPT DEVELOPMENT & PROJECT APPROVAL

ENVIRONMENTAL DOCUMENTATION

PLANS, SPECIFICATIONS & ESTIMATES (PS&E)

RIGHT-OF-WAY
Appraisal Maps, Plats, and Descriptions

COORDINATION, AGREEMENTS & PERMITS

CONSTRUCTION PHASE FUNDING

BIDDING SERVICES
TOTAL COST:

Optional Tasks

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Escalation
Aerial Mapping Services
Other Direct Costs
Escalation
Aerial Mapping Services (Second Mobilization)
Aerial Mapping (Second Mobilization)

EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
Exhibit "C-1" - 6
556
Name
Alahesh
Thurairajah
170.68% Overhead % Category/Title Principal
10% Fee% Direct Rate $101.60 $92.00 $69.70 $68.60 $58.30 $51.30 $38.50 $52.50 $27.20 Billing Rate $302.51 $273.93 $207.53 $204.26 $173.59 $152.74 $114.63 $156.32 $80.99 Task 1
Task 2 4 10 10 24 $ 5,021.22

2.6 4 10 10 24 $ 5,021.22
Task 3
Task 4 20 10 30 50 40 150 $ 28,280.11

4.3 20 10 30 50 40 150 $ 28,280.11
Task 5 $ -
Task 6 100 80 140 80 160 100 100 240 100 1,100 $ 197,686.81

6.1 $ -
100 80 140 80 160 100 100 240 100 1,100 $ 197,686.81
Task 7
Task 8
Task 9
Task 10
124 90 180 80 220 100 140 240 100 1,274
$37,511.48 $24,653.53 $37,355.46 $16,340.41 $38,189.16 $15,274.47 $16,048.62 $37,516.25 $8,098.75 $ 230,988.13 $ 105,906.54
$ 21,311.54
$ 60,000.00
$ 12,000.00
$ 2,520.00
$ 6,400.00
$ 2,000.00
$ 1,675.00
$ 336,894.68

5.2.4 20 40 40 16 116 $ 23,796.02
20 40 40 16 116
$6,050.24 $8,301.21 $6,943.48 $2,501.08 $ 23,796.02
$ 8,362.98
$2,195.48
$ 6,167.50
$ 32,159.00
TOTAL COST with Optional Tasks included: $ 369,053.68

OPTIONAL TASKS TOTAL HOURS
Optional Tasks Subtotal Labor:

TOTAL COST for OPTIONAL TASKS
Aerially Deposited Lead Investigation
Soil Cutting Contaminants Testing
Soil Cutting (drums) Disposal
R-Value Tests
Mileage
TOTAL COST:

Optional Tasks

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Escalation
Drill Rig Rental
Traffic Control Rental

CONSTRUCTION PHASE FUNDING

BIDDING SERVICES

COORDINATION, AGREEMENTS & PERMITS

RIGHT-OF-WAY
Geotechnical Investigations & Report

PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
Reports

ENVIRONMENTAL DOCUMENTATION
Preliminary Geotechnical Report

CONCEPT DEVELOPMENT & PROJECT APPROVAL
Project Concept Reports

BASIS OF DESIGN DOCUMENT
Technician
Geotechnical Records Research and Findings

DATA COLLECTION
Other Direct Costs
Escalation
ADL Lab Tests
Total Hours Total Costs

CITY OF BANNING
Hargrave Grade Separation Professional Design Services
Earth Mechanics, Inc.

Principal
Engineer /
Geologist
Senior
Engineer /
Geologist
Sr. Project
Engineer /
Geologist
Project
Engineer /
Geologist
Sr. Staff
Engineer /
Geologist
Staff Engineer
/ Geologist
Senior
Technician

PROJECT ADMINISTRATION

EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
Exhibit "C-1" - 7
557
Name
Deborah
Pracilio
Ambarish
Mukherjee
Jodi
Ross-Borrego
Ryan
Bensley
Pam
Reading
Trevor
Wimmer Kelly Vreeland
216.47% Overhead % Category/Title
Env. Task
Mgr. Traffic Biology Env. Env. Sr. Env.

Planner
Sr.

Paleontologist
10% Fee% Direct Rate $95.36 $91.68 $81.71 $83.56 $89.45 $84.60 $57.57 $45.31 $45.00 $47.62 $38.11 $33.61 $52.57 $34.61 $36.82 $36.82 $34.72 Billing Rate $331.96 $319.15 $284.45 $290.89 $311.39 $294.51 $200.41 $157.73 $156.65 $165.77 $132.67 $117.00 $183.01 $120.48 $128.18 $128.18 $120.87 Task 1 40 12 12 85 149 $ 32,920.55

1.4 20 70 90 $ 17,680.51

1.5 20 12 12 15 59 $ 15,240.04
Task 2 4 30 88 8 256 384 4 8 24 8 814 $ 128,980.27

2.7 $ -
1 16 40 2 120 160 2 4 12 4 361 $ 57,788.68
12 8 2 16 24 4 2 59 $ 9,494.47

2.8 $ -
$ -
2 12 40 4 120 200 2 4 8 2 394 $ 61,697.12
Task 3
Task 4
Task 5 41 26 115 108 67 160 77 10 58 40 702 $ 120,987.16

5.1 2 6 10 2 20 $ 3,193.35
8 16 24 4 8 60 $ 10,120.88

5.2 24 72 80 8 24 208 $ 34,477.51
4 12 46 8 12 46 38 6 14 24 210 $ 35,686.31
1 4 10 2 34 10 2 4 8 75 $ 12,976.27
1 2 38 2 5 3 8 59 $ 11,098.42
1 8 21 2 21 12 2 3 70 $ 13,434.43
Task 6
Task 7
Task 8
Task 9
Task 10
85 42 26 215 201 323 544 81 18 82 8 40 1,665
$28,216.97 $13,404.45 $7,395.61 $43,088.36 $31,704.09 $53,544.78 $72,171.06 $14,823.41 $2,168.70 $10,510.49 $1,025.41 $4,834.65 $ 282,887.99 $ 33,876.90
$ 25,394.50
$ 482.40
$ 8,000.00
$ 316,764.89

5.1.1 2 14 30 2 4 52 $ 7,730.91

5.2.1 2 8 28 8 28 18 3 5 100 $ 18,750.94

5.2.2 1 3 4 20 19 8 1 3 59 $ 9,792.15

5.2.3 1 3 2 46 7 2 61 $ 10,749.09

5.2.5 2 24 4 46 100 20 24 220 $ 32,815.39

5.2.6 1 5 2 50 4 8 70 $ 11,710.03

5.2.7 8 28 8 130 12 28 214 $ 35,668.28

8.7 4 27 54 8 51 24 9 24 201 $ 36,410.71
21 41 24 28 5 88 44 50 94 276 100 95 13 98 977
$6,971.25 $11,662.30 $6,981.28 $8,718.94 $1,472.53 $17,636.16 $6,940.20 $7,832.63 $15,582.69 $36,616.20 $11,700.21 $17,385.49 $1,566.28 $12,561.31 $ 163,627.49 $ 44,083.14
$ 40,083.14
$ 4,000.00
$ 207,710.62
TOTAL COST with Optional Tasks included: $ 524,475.51
Paleontological Records Search
NEPSSA Survey
Permitting

OPTIONAL TASKS TOTAL HOURS
Optional Tasks Subtotal Labor:

Other Direct Costs
Escalation
CEQA SE Memorandum
Community Impact Assessment
Paleontological Assessment (PIR/PER)
Water Quality Assessment Report
DBESP
Focused Burrowing Owl Survey
Mileage
Traffic Counts
TOTAL COST:

Optional Tasks
TOTAL COST for OPTIONAL TASKS

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Escalation

CONSTRUCTION PHASE FUNDING

BIDDING SERVICES

COORDINATION, AGREEMENTS & PERMITS

RIGHT-OF-WAY

PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
Natural Environmental Study - Minimal Impacts (NES-MI)
Jurisdicitonal Delineation (JD)
Bat Habitat Assessment
MSHCP Consistency Analysis

ENVIRONMENTAL DOCUMENTATION
CEQA Statutory Exemption
Preliminary Environmental Study Form
NEPA Categorical Exemption

CONCEPT DEVELOPMENT & PROJECT APPROVAL
Caltrans Traffic Reports
Intersection Control Evaluation
Traffic Forecasting Volumes Report

BASIS OF DESIGN DOCUMENT
Traffic Analysis
Preliminary Traffic Analysis
Update Traffic Analysis
Project Development Team Meetings

DATA COLLECTION
Total
Hours Total Costs

PROJECT ADMINISTRATION
Project Controls (Budgeting, Cost Accounting and Progress Technical
Principal
Sr GIS/
Graphics GIS/Graphics

CITY OF BANNING
Hargrave Grade Separation Professional Design Services
LSA Associates Inc.

Associate
Planner/
Technical
Specialist
Sr.Planner/
Technical
Specialist
Planner/
Technical
Specialist
Asst Planner/
Technical
Specialist
Technical
Editor
Document
Management
Project
Assistant

EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
Exhibit "C-1" - 8
558
Name
Mark
Mendoza
Dan
Akins
Dioniso
Marquez
Brett
Brown
Laura
Mascaranes
Sarah
Riggs
Jennifer
Benson
Category/Title
Project Director Project Manager Relocation
Manager Title Manager Sr. Agent Agent Project Coordinator Billing Rate $237.08 $148.00 $153.13 $112.28 $91.87 $81.65 $76.55 Task 1 60 60 12 60 60 60 312 $ 39,456.36

1.1 60 60 12 60 60 60 312 $ 39,456.36
Task 4 10 16 8 16 4 8 62 $ 8,045.96

4.3 10 16 8 16 4 8 62 $ 8,045.96
Task 5 2 2 4 1 1 10 $ 1,295.84

5.2 $ -
2 2 4 1 1 10 $ 1,295.84
Task 7 49 82 58 31 234 150 135 739 $ 80,194.47

7.1 4 21 1 26 $ 3,026.43

7.3 49 78 58 10 234 150 134 713 $ 77,168.04
119 158 58 51 310 214 203 1,113
$28,212.52 $23,384.00 $8,881.54 $5,726.28 $28,479.70 $17,473.10 $15,539.65 $ 128,992.63 $ 119,480.00
$ 2,900.00
$ 780.00
$ 77,500.00
$ 19,500.00
$ 13,300.00
$ 5,500.00
$ 248,472.63
Assumptions:

1.)  15 Parcels to be acquired (14 partital acquisitions ‐ Permanent easement and/or temporary easements; 1 full acquisition)

2.) 1 SFR displacement requires a Relocation Plan and a residential relocation

3.) There is only one displacement (family) that will occur from the full acquisition.

4.) The property rights required from the State (Caltrans) will be in the form of an Encroachment Permit.

Hargrave Grade Separation Professional Design Services
Paragon Partners Consultants, Inc.

TOTAL

HOURS TOTAL COST

CITY OF BANNING

PROJECT ADMINISTRATION
General Meetings and Coordination

CONCEPT DEVELOPMENT & PROJECT APPROVAL
Right-of-Way Cost Estimates

RIGHT-OF-WAY
Right-of-Way Requirements
Appraisal Maps, Plats, and Descriptions
Projects Concept Report

ENVIRONMENTAL DOCUMENTATION
NEPA
Initial Site Assessment
Other Direct Costs
Mileage
Postage
TOTAL COST:

Subconsultant - Obtain & Review Appraisal Reports
Subconsultant - Obtain & Review Appraisal Reviews

TOTAL HOURS
Subtotal Labor:

Phase 1 ESA (1)
Title Reports (14)

EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
Exhibit "C-1" - 9
559
Name
114.55% Overhead % Category/Title
10% Fee% Direct Rate $105.00 $125.00 $90.00 $91.34 $89.50 $35.21 $105.00 $135.00 Billing Rate $247.81 $295.01 $212.40 $215.57 $211.22 $83.10 $247.81 $318.61 Task 1
Task 2
Task 3
Task 4 1 5 2 5 2 15 $ 3,376.30

4.3 1 5 2 5 2 15 $ 3,376.30
Task 5 $ -
Task 6 7 25 27 18 20 3 120 220 $ 52,935.88

6.5 7 25 27 18 20 3 100 $ 23,198.68

6.6 120 120 $ 29,737.20
Task 7 $ -
Task 8 $ -
Task 9 $ -
Task 10 $ -
8 30 27 20 25 5 120 235
$1,982.48 $8,850.30 $5,734.80 $4,311.40 $5,280.50 $415.50 $29,737.20 $ 56,312.18 $ -
TOTAL COST: $ 56,312.18

TOTAL HOURS
Subtotal Labor:

Other Direct Costs

CONSTRUCTION PHASE FUNDING

BIDDING SERVICES

COORDINATION, AGREEMENTS & PERMITS
Construction Schedule

RIGHT-OF-WAY
Cost Estimates

PLANS, SPECIFICATIONS & ESTIMATES (PS&E)

ENVIRONMENTAL DOCUMENTATION
Construction Cost Estimates ( ROM)
Project Concept Reports

CONCEPT DEVELOPMENT & PROJECT APPROVAL

BASIS OF DESIGN DOCUMENT

DATA COLLECTION
Total Hours Total Costs

PROJECT ADMINISTRATION

CITY OF BANNING
Hargrave Grade Separation Professional Design Services
Saylor Consulting
Sr. Struct
Estimator
Sr. Electrical /
Systems
Estimator
Technical
Services
Sr.

Scheduler Civil Estimator Sr. Civil
Estimator Manager Constructability
Engineer

EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
Exhibit "C-1" - 10
560
Name
Robert
Stewart
Eric
Trimble
Linda
Chia
Jessica
Combs
Sandra
Northrop
Angelina
Chang
222.12% Overhead % Category/Title Principal CVS Team
Leader
Asst. Team
Leader
Project
Coordinator
Asst. Project
Coordinator Technical Editor
10% Fee% Direct Rate $159.01 $109.04 $68.75 $62.60 $56.19 $37.74 Billing Rate $563.42 $386.36 $243.60 $221.81 $199.10 $133.72 Task 1 $ -
Task 2 $ -
Task 3 $ -
Task 4 $ -
Task 5 $ -
Task 6 8 104 96 8 8 24 248 $ 74,651.80

6.7 8 104 96 8 8 24 248 $ 74,651.80
Task 7 $ -
Task 8 $ -
Task 9 $ -
Task 10 $ -
8 104 96 8 8 24 248
$4,507.39 $40,181.82 $23,385.91 $1,774.49 $1,592.79 $3,209.40 $ 74,651.80 $ 3,732.59
$ 3,732.59
$ 78,384.39

PROJECT ADMINISTRATION

CITY OF BANNING
Hargrave Grade Separation Professional Design Services
VALUE MANAGEMENT STRATEGIES, INC.

Total Hours Total Costs

DATA COLLECTION

CONCEPT DEVELOPMENT & PROJECT APPROVAL

BASIS OF DESIGN DOCUMENT

ENVIRONMENTAL DOCUMENTATION

PLANS, SPECIFICATIONS & ESTIMATES (PS&E)

COORDINATION, AGREEMENTS & PERMITS
Value Analysis

RIGHT-OF-WAY

BIDDING SERVICES

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Escalation

CONSTRUCTION PHASE FUNDING
TOTAL COST:

EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
Exhibit "C-1" - 11
561
Exhibit “D”-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer. Consultant will provide a written proposal within one week of the City’s request for services, unless otherwise agreed to by the Contract Officer.

II. Consultant shall deliver the following tangible work products to the City by the following dates.

A. Proposed Project Schedule – Attached as Exhibit D-1 and included in Exhibit "A".

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
562
Exhibit “D-1”-1
11303-0001\2193235v1.doc
EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
563
RESOLUTION 2024- 161

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR THE FUNDING OF SB 125 TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM FUNDING FOR GRADE SEPARATION PLANNING AND DESIGN WORK FOR $ 5,000, 000 FOR THE PLANNING AND

DESIGN OF THE HARGRAVE GRADE SEPARATION PROJECT
WHEREAS, the Hargrave Grade Separation Project exists on the City' s Capital Improvement Program; and
WHEREAS, the Hargrave Grade Separation Project exists within the Western Regional Council of Governments ( WRCOG) Transportation Uniform Mitigation Fee ( TUMF) network map for the Pass Zone; and
WHEREAS, the Riverside County Transportation Commission ( RCTC) selected the project as an eligible project under the SB 125 Transit and Intercity Rail Capital Program to receive direct contribution from RCTC in the amount of $5,000, 000; and WHEREAS, the grant from RCTC is in addition to the previously awarded grant from the Federal Railroad Administration through the Rail Crossing Elimination grant program in the amount of $ 2,800, 000.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves the Agreement for the funding of SB 125 Transit and Intercity Rail Capital Program with the Riverside County Transportation Commission for the Hargrave Grade Separation Planning and Design Project in an amount of $5,000, 000.

SECTION 2. The City Council authorizes the City Manager or their designee to execute the grant agreement with the Riverside County Transportation Commission on behalf of the City Council.

SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 8th day of October 2024.

Resolution 2024- 161

564
ATTEST:

Caroline Patton , Ad
City of Banning
APPROVED AS TO FORM:

Sb°tl---
Serita R. Young , City Attorney
Richards , Watson & Gershon
Resolution 2024- 161

565
CERTIFICATION:

I, Caroline Patton , Administrative C ity Clerk of the City of Banning , California , do he reby cert ify that the foregoing Resolution 2024- 161 , was duly adopted by the City Council of the City of Banning , California , at a regular meeting thereof held on the 8th day of October 2024 by the following vote , to wit:

AYES : Flynn , Minjares , Sanchez , and Wallace .

NOES :

ABSENT:

ABSTAIN : Happe .

Resolut ion 2024- 161

Caroline Patton , Admin-· rative City Clerk
City of Banning , Cal iforni a
566

EXHIBIT A
Agreement For the Funding Of Sb 125
Transit And Intercity Rail Capital Program Funding For Grade Separation Planning and Design Work With The City Of Banning Resolution 2024- 161

567
Agreement No. XX-XX-XXX- 00
AGREEMENT FOR THE FUNDING OF SB 125

TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM FUNDING FOR GRADE

SEPARATION PLANNING AND DESIGN WORK WITH THE CITY OF BANNING

1. Parties and Date.

1.1 This Agreement is made and entered into this _ day of ___ _, 2024, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (" RCTC") and CITY OF BANNING (" City"). RCTC and City are sometimes collectively referred to herein as the Parties".

2. Recitals.

2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053. 5.

2.2 Transit and Intercity Rail Capital Program ( TIRCP) was created by the state as a competitive program in 2014 to provide grants from the Greenhouse Gas Reduction Fund ( GGRF) via cap- and- trade proceeds to fund transformative capital improvements that will modernize California' s intercity, commuter, and urban rail systems, and bus systems, to significantly reduce emissions of greenhouse gases, vehicle miles traveled, and congestion. In July 2023 AB 102 and SB 125 amended the Budget Act of 2023 to appropriate about $ 4 billion of state general funds to the TIRCP over the next two years.

2.3 SB 125 Formula- Based TIRCP establishes funding for transit operations and capital improvements, and grade separations and rail crossing improvements to be funded by the TIRCP.

2.4 RCTC intends, by this Agreement, to distribute TIRCP funding {" TIRCP Funds"), subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein.

2.5 The Parties acknowledge that certain state requirements apply to the TIRCP Funds, and City shall be obligated to comply with all TIRCP funding requirements as set forth in Exhibit D" (" TIRCP Funding Requirements").

3. Terms.

3.1 Description of Work. This Agreement is intended to distribute TIRCP Funds to the City for the PA& ED - Project Approvals & Environmental Document and PS& E - Plans, Specifications and Estimates phases ofthe Hargrave Avenue/ UPRR Grade Separation Project (" the Work"). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit " A" attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. It is understood and agreed that the City shall expend 1 568
TIRCP Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC.

3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Five Million Dollars ($ 5,000, 000), to be used exclusively for reimbursing the City for eligible Work expenses as described herein (" Funding Amount"). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute TIRCP Funds in excess of the maximum authorized in this section.
3 .2.1 Eligible Work Costs. The total Work costs (" Total Work Cost") may include the following items, provided that such items are included in the scope of work attached as Exhibit A": ( 1) City and/ or consultant costs associated with direct Work coordination and support; ( 2) funds expended for preparation of preliminary engineering studies; ( 3) funds expended for preparation of environmental review documentation for the Work; and ( 4) costs incurred in the preparation of plans, specification, and estimates by City or consultants.

3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: ( 1) City administrative costs; 2) City costs attributed to the preparation of invoices, billings and payments; ( 3) any City fees attributed to the processing of the Work; ( 4) expenses for items of work not included within the scope of work in Exhibit " A"; ( 5) any costs that are not in compliance with the TIRCP Funding Requirements.

3.3 City' s Funding Obligation to Complete the Work. In the event that the TIRCP Funds allocated to the Work represent less than the total cost of the Work, the City shall provide such additional funds as may be required to complete the Work as described in Exhibit " A".

3.3.1 City' s Obligation to Repay TIRCP Funds to RCTC. In the event that: ( i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension of time granted by RCTC pursuant to Section 3 .15; the City agrees that any TIRCP Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. Notwithstanding the foregoing, iffunding under this Agreement is provided for project approval and environmental documentation ( PA& ED) and the City determines to not complete the Work based on findings made in the PA&ED, the City shall not be required to repay that p01iion of the TIRCP Funds that were distributed to the City for the PA& ED Work.

3.3.2 City' s Local Match Contribution. There is no local match requirement for this award.

3.4 Work Responsibilities of the City. The City shall be responsible for the following aspects of the Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit " A": PA& ED, and project specifications and engineer' s estimate ( PS& E).
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3.5 Term/ Notice of Completion. The term of this Agreement shall be from the date first herein above written until: ( i) the date RCTC fonnally accepts the Work as complete, pursuant to Section 3.1; ( ii) tennination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, " including full repayment of TIRCP Funds to RCTC as provided herein". All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

3.6 Representatives of the Parties. RCTC' s Executive Director, or his or her designee, shall serve as RCTC' s representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates Art Vela, Director of Public Works, or his or her designee, as the City' s representative to RCTC. The City' s representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Work under the City' s responsibility. The City shall work closely and cooperate fully with RCTC' s representative and any other agencies which may have jurisdiction over or an interest in the Work.

3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures.

However, the City understands and acknowledges that any expenditure offunds on the Work prior to the execution of the Agreement is made at the City' s sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement.

3.8 Review of Services. The City shall allow RCTC' s Representative to inspect or review the progress of the Work at any reasonable time in order to determine whether the tenns of this Agreement are being met.

3.9 Tennination. This Agreement may be tenninated for cause or convenience as further specified below.

3.9.1 Termination for Convenience.

3.9.1.1 Notice. Either RCTC or the City may, by written notice to the other paiiy, tenninate this Agreement, in whole or in part, for convenience by giving thirty ( 30) days' written notice to the other party of such tern1ination and specifying the effective date thereof.

3.9.1.2 Effect of Termination for Convenience. In the event that the City tenninates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all TIRCP Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City TIRCP Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3 .14.2, including but not limited to conducting a review of the invoices and requesting additional inforn1ation. This Agreement shall terminate upon receipt by the non- terminating party of the amounts due it under this Section 3.9.1.2. 3 570

3.9.2 Termination for Cause.

3.9.2.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other party, by giving written notice to the other party of such tennination and specifying the effective date thereof. The written notice shall provide a 30- day period to cure any alleged breach.

During the 30- day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.

3.9.2.2 Effect ofTennination for Cause. In the event that the City tenninates this Agreement in response to RCTC' s uncured material breach hereof, RCTC shall, within 90 days, distribute to the City TIRCP Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice oftennination.

In the event that RCTC terminates this Agreement in response to the City' s uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all TIRCP Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this Section 3. 9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the terminating party of the amounts due it under this Section 3.9.2.2.

3.9.3 Cumulative Remedies. The rights and remedies ofthe Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 3 .10 Prevailing Wages. The City and any other person or entity hired to perfonn services on the Work are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.

3.11 Progress Reports. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work.
3 .12 Indemnification.

3.12.1 City Responsibilities. In addition to the indemnification required under Section 3.10, the City agrees to indemnify and hold hannless RCTC, the State of California, their officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC. The City will reimburse RCTC for any expenditures, including 4 571
reasonable attorneys' fees, incurred by RCTC, in defending against claims ultimately detennined to be due to any act of the City or its subcontractors whatsoever, regardless offault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC.

3.12.2 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work.

RCTC' s review, acceptance or funding of any services perfonned by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out ofthis Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City' s performance of this Agreement or supervision of any services provided to complete the Work.
3 .13 Insurance. The City shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last.
3 .13 .1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent forn1 with a combined single limit of not less than 2,000, 000. 00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall:

3.13.1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as irisured with respect to perfonnance of the services on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;
3 .13 .1.2 Be primary with respect to any insurance or self insurance programs covering RCTC and City, and/ or their respective officials, officers, employees, agents, and consultants; and

3.13.1.3 Contain standard separation of insured provisions. 3 .13 .2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $ 1,000, 000. 00 per occurrence. Such insurance shall include coverage for owned, hired and non- owned automobiles. 3 .13 .3 Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $ 1,000, 000. 00 Professional liability insurance shall only be required of design or engineering professionals.
3 .13 .4 Workcrs' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $ 1,000, 000. 00 each accident.
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3.14 Procedures for Distribution ofTIRCP Funds to City. 3 .14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work costs, the City shall submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City' s payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly.

3.14. 2 Review and Reimbursement by RCTC. Upon receipt ofan invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty ( 30) days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. Ifthe meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC' s decision as to the eligibility of one or more invoices to RCTC' s Executive Director. The City may appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City' s submittal of invoices to RCTC and RCTC' s consideration and payment of submitted invoices are set forth in Exhibit " C", attached hereto.
3 .14.3 Funding Amount/ Adjustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum TIRCP Funds provided for in section 3.2 of this Agreement, or has provided reimbursement of ineligible Work costs including, but not limited to, any costs not in compliance with TIRCP Funding Requirements, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC.

3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval ofRCTC' s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sole discretion of RCTC' s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act ( Public Resources Code Section 21000 et seq.; " CEQA") and the National Environmental Policy Act of 1969 ( 42 USC 4231 et seq.), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work.

3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or RCTC, during the tenn of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.17 Limited Scope of Duties. RCTC' s and the City' s duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety 6 573
of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Work.

3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work under this Agreement. They shall make available for examination by the other. party, its authorized agents, officers or employees and the State Auditor any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees and the State Auditor such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such infonnation shall be retained by the Parties for at least three ( 3) years following tennination of this Agreement, and they shall have access to such information during the three- year period for the purposes ofexamination or audit.

3.19 Equal Opportunity Employment. The Parties represent that they are equal opportunity employers, and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County. 3 .21 Attorneys' Fees. Ifeither party commences an action against the other party arising out ofor in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit.

3.22 Time of Essence. Time is of the essence for eacl1 and every provision of this Agreement.

3.23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.

3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CITY OF BANNING
99 E. Ramsey St
Banning, CA 92220
ATTN: City Manager
RCTC
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501
ATTN: Executive Director
7 574
Any notice so given shall be considered served on the other party three ( 3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.

3.25 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, tern1s and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the perfonnance of the Services.

Notwithstanding the foregoing, in the case of any conflict between the Funding Requirements set forth in Exhibit " D" and the tenns of this Agreement, the Funding Requirements shall govern.

3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees.

3.27 Entire Agreement. This Agreement constih1tes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings.

3.28 No Waiver. Failure ofRCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.
3 .29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

3.30 Independent Contractors. Any person or entities retained by the City or any contractor shall be retained on an independent contractor basis and shall not be employees ofRCTC.

Any personnel performing services on the Work shall at all times be under the exclusive direction and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to, social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance.

3.31 Incorporation of Recitals and Exhibits. The recitals set forth above are true and correct and are incorporated into this Agreement by reference as if fully set forth herein. Exhibits A" through " D" attached to this Agreement are incorporated herein by reference. 8 575

3.32 Survival. All rights and obligations hereunder that by theirnature are to be performed after any expiration or tem1ination of this Agreement shall survive any such expiration or termination.

3.33 No Third- Party Beneficiaries. There are no intended third- party beneficiaries ofany right or obligation assumed by the Parties.

3.34 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.35 Electronically Transmitted Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

SIGNATURES ON FOLLOWING PAGE.]
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SIGNATURE PAGE
TO
AGREEMENT FOR THE FUNDING OF SB 125

TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM FUNDING FOR GRADE

SEPARATION PLANNING AND DESIGN WORK

RIVERSIDE COUNTY

TRANSPORTATION COMMISSION
By:

Aaron Hake, Executive Director
APPROVED AS TO FORM:

By:

Best, Best & Krieger
Counsel to the Riverside County
Transportation Commission
10 CITY OF BANNING
By:

Doug Schulze, City Manager
ATTEST:

By:

Marie Calderon, City Clerk
APPROVED AS TO FORM:

By:

Serita Young, City
Attorney
577
EXHIBIT " A"

SCOPE OF WORK,

FUNDING AND TIMETABLE
SCOPE OF WORK: Preliminary Engineering, Environmental Documentation, and Plans, Specifications, and Estimates to construct a grade separation of Hargrave Ave and the Union Pacific Rail Road in the City of Banning. Project is located on Hargrave Ave from Lincoln Street to Ramsey Street, and includes lowering of Ramsey Street under the existing railroad, construction of a railroad overcrossing, freeway ramp modifications for both eastbound and westbound ramps, and roadway widening of Hargrave Street from Lincoln Street to the eastbound freeway ramps from 2-lanes to 4-lanes.

FUNDING:

PHASE TIRCPFund FEDERAL LOCAL TOTAL
RCE GRANT}
Preliminary $ 5,000, 000 $ 2,800, 000 $ 500, 000 $ 8,300, 000 Engineering ( PAED
PSE)
TOTAL $ 5,000, 000 $ 2,800, 000 $ 500, 000 $ 8,300, 000 TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase.

PHASE START DATE END DATE COMMENTS
PAED 10/ 2024 7/2029 300 Working Days
NEPA Completion 6/2026 6/2029 300 Working Days
PSE 8/2027 8/2029 250 Working Days
Exhibit A
17336.00030\ 42137870. 1
578
EXHIBIT " B"

PROJECT LOCATION MAP
l Il
Ex hibi t B
I 7336.00030\ 42 137870. I
579
EXHIBIT " C"

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND

PAYMENT OF INVOICES

1. RCTC recommends that the City incorporate Exhibit " C- 1" into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs.

2. Each month the City shall submit an invoice for eligible Work costs incurred during the preceding month. The original invoice shall be submitted to RCTC' s Executive Director with a copy to RCTC' s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit " C- 2".

3. Each invoice shall include documentation from each contractor used by the City for the Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or consultant for the month and for the entire Work to date. A sample progress report is attached as Exhibits " C- 4". All documentation from the City' s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit C-3".

4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level ofinformation for its labor and any expenses in the same level of detail as required of contractors pursuant to Exhibit " C" and its attachments.

5. Charges for each task and milestone listed in Exhibit " A" shall be listed separately in the invoice.

6. Each invoice shall include a certification signed by the City Representative or his or her designee which reads as follows:

I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed.

Signed _____________ _
Title ----------------
Date ----------------
Invoice No. -------------
Exhibit C
I7336. 00030\ 42137870. I
580

7. RCTC will pay the City within 30 days after receipt by the Commission of an invoice. If RCTC disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.

8. The final payment under this Agreement will be made only after: ( i) the City has obtained a Release and Certificate of Final Payment from each contractor or consultant used on the Work; ( ii) the City has executed a Release and Certificate ofPinal Payment; and ( iii) the City has provided copies of each such Release to RCTC.

Exhibit C
l7336.00030\42137870. l
581
EXHIBIT " C-1"

ELEMENTS OF COMPENSATION
For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed (_ INSERT WRITTEN DOLLAR AMOUNT_) ($_ INSERT NUMERICAL DOLLAR AMOUNT_) without written approval of City' s City Engineer (" Total Compensation").

1. ELEMENTS OF COMPENSATION.

Compensation for the Work will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.

1.1 DIRECT LABOR COSTS.

Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:

1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Consultant' s personnel directly engaged in perfonnance of the Work under the Agreement. ( The range of hourly rates paid to the Consultant' s personnel appears in Section 2 below.)

1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is ________ , and is the sum of the following components:

1.1.2.1 Direct Salary Costs

1.1.2.2 Payroll Additives
The Decimal Ratio ofPayroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.

Exhibit " C- 1"
17336. 00030\ 42137870. l
582

1.2 FIXED FEE.

1.1.2.3 Overhead Costs
The Decimal ratio of Allowable Overhead Costs to the Consultant Firm' s Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.

Total Multiplier
sum of l.1. 2. 1, 1.1.2.2, and 1.1.2.3)

1.2.1 A Fixed Fee of _______ shall be paid to Consultant for Consultant' s complete and satisfactory performance of this Agreement and all Services required.

The Fixed Fee shall be paid in monthly installments based upon the percentage ofthe Services completed at the end of each billing period, as determined in the sole discretion of the City. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein.

1.2.2 A pro- rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS.

Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.

Rates for identified Additional Direct Costs are as follows:

ITEM
Per Diem
Car mileage
Travel
Computer Charges
Photocopies
Blueline
LD Telephone
Fax
Photographs
I7336. 00030\ 42137870. 1

REIMBURSEMENT RA TE
l_insertcharges__ J
day
mile
trip
hour
copy
sheet
call
sheet
sheet
Exhibit " C- 1"
583
Travel by air and travel in excess of 100 miles from the Consultant' s office nearest to City' s office must have City' s prior written approval to be reimbursed under this Agreement.

2. DIRECT SALARY RA TES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:

2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.

2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant' s adjustments to individual compensation. The Consultant shall notify City in writing prior to a change in the range of rates included herein, and prior to each subsequent change.

POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
sample_/
Principal
Project Manager
Sr. Engineer/ Planner
Project Engineer/ Planner
Assoc. Engineer/ Planner
Technician
Drafter/ CADD Operator
Word Processor
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour

2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant' s cost proposal.

3. INVOICING.

3.1 Each month the Consultant shall submit an invoice for Work performed during the preceding month. The original invoice shall be submitted to City' s City Engineer with two ( 2) copies to City' s Project Coordinator.
3 .2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City' s Representative.

Exhibit " C- 1"
17336. 00030\ 42137870. I
584

3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Work, shall be listed separately. The charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice.

3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to City such as invoices, telephone logs, etc.

3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.

3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Consultant' s Representative or an officer of the firm which reads as follows:

I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.

Signed
Title
Date
Invoice No.

4. PAYMENT

4.1 City shall pay the Consultant within four to six weeks after receipt by City of an original invoice. Should City contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.

The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment.

Exhibit " C- 1"
17336.00030\ 42137870. 1
585
Date
Mr. Aaron Hake
Executive Director
EXHIBIT " C-2"

SAMPLE COVER LETTER TO RCTC
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
ATTN: Accounts Payable
Re: Project Title - Invoice #_
Enclosed for your review and payment approval is the City of ______ ' s invoice for professional and technical services that was rendered by our contractors in connection with the Agreement No. ____ effective ( Month/ Day/ Year). The required support documentation received from each contractor is included as backup to the invoice.

Invoice period covered is from Month/ DateN ear to Month/ Date/ Year.

Total Authorized Agreement Amount:

Total Invoiced to Date:

Total Previously Invoiced:

Balance Remaining:

Amount due this Invoice:
0,000, 000. 00
0,000, 000. 00
0,000, 000. 00
0,000, 000. 00
0,000, 000. 00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.

By:

Name
Title
cc:
l7336.00030\ 42137870. 1
Exhibit " C- 2"
586
EXHIBIT " C-3"

SAMPLE LETTER FROM CONTRACTOR TO CITY/ COUNTY
Month/ Date/ Year
Attn: Accounts Payable Invoice# -----
For [ type of services] rendered by [ contractor name] in connection with [ name of project] This is per agreement No. XX-XX-XXX effective Month/ Date/ Year.

Invoice period covered is from Month/ Date/ Year to Month/ Date/ Year.

Total Base Contract Amount:

Authorized Extra Work ( ifApplicable)
TOTAL AUTHORIZED CONTRACT AMOUNT:

Total Invoice to Date:

Total Previously Billed:

Balance Remaining:

Amount Due this Invoice:
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By:---------
Name
Title
Exhibit " C- 3"
17336.00030\42137870. l
587
REPORTING PERIOD:

PROGRESS REPORT:

EXHIBIT " C-4"

SAMPLE PROGRESS REPORT
Month/ Date/ Year to Month/ Date/ Year
1 A. Activities and Work Completed during Current Work Periods TASK 0 1 - I00% PS& E SUBMITTAL

1. Responded to Segment 1 comments from Department of Transportation

2. Completed and submitted Segment l final PS& E
B. Current/ Potential Problems Encountered & Corrective Action Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 - 100% PS& E SUBMITTAL

1. Completing and to submit Traffic Signal and Electrical Design plans

2. Responding to review comments
Exhibit C- 4
17336.00030\ 42137870. 1
588

TIRCP FUNDING REQUIREMENTS
As used herein, the tem1 " Recipient" shall refer to the City.

Section 1. Third Party Contracting

1. Recipient shall not award a construction contract over $ 10,000 or other contracts over 25, 000 [ excluding professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 ( d), ( e) and ( t)] on the basis of a noncompetitive negotiation for work to be performed under this Agreement without the prior written approval of State. Contracts awarded by Recipient, ifintended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds.

2. Procurement of architectural and engineering services shall be in accordance with the requirements set forth in the Chapter 10 of the Caltrans Local Assistance Procedures Manual applicable to state funded agreements.

3. Any subcontract entered into by Recipient as a result of this Agreement shall contain the Provisions of Section 2. Audits and Reports and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the subcontractors

3. In addition to the above, the preaward requirements of third party contractor/ consultants with local transit agencies should be consistent with Caltrans Local Program Procedures ( LPP- 00- 05).

Section 2. Audits and Reports
A. Cost Principles

1. Recipient agrees to comply with Title 2 Code of Federal Regulations 200 ( 2 CFR 200) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

2. Recipient agrees, and will assure that its contractors and subcontractors will be obligated to agree to follow 2 CFR 200 and it shall be used to determine the allowability of individual Project cost items. Every sub- recipient receiving Project funds as a contractor or sub- contractor under this Agreement shall comply with 2 CFR 200.

3. Any Project costs for which Recipient has received payment or credit that are detennined by subsequent audit to be unallowable under 2 CFR 200, are subject to repayment by Recipient to Commission.

4. The Commission may terminate this Agreement for any reason at any time ifit is determined by the Commission or the State, based on an audit under this section, that there has been a violation of any State or federal law or policy by the Recipient during performance under this Agreement. If I7336. 00030\ 42137870. I
Exhibit D
1 589
the Agreement is terminated under this section, the Recipient may be required to fully or partially repay funds.

B. Record Retention

1. Recipient agrees, and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line item for the Project. The accounting system of Recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of Recipient, its contractors and subcontractors connected with Project performance under this Agreement shall be maintained for a minimum of three ( 3) years from the date of final payment to Recipient under this Agreement and shall be held open to inspection, copying, and audit by representatives of the Commission, State, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by Recipient, its contractors, and subcontractors upon receipt of any request made by State or its agents. In conducting an audit of the costs and match credits claimed under this Agreement. The Commission and State will rely to the maximum extent possible on any prior audit of Recipient pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by Recipient' s external and internal auditors may be relied upon and used by Commission or State when planning and conducting additional audits.

2. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of Recipient' s contracts with third parties pursuant to Government Code section 8546. 7, Recipient, Recipient' s contractors and subcontractors and Commission shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such Agreement materials available at their respective offices at all reasonable times during the entire Project period and for three ( 3) years from the date of final payment to Recipient under this Agreement. The Commission, the State, the California State Auditor, or any duly authorized representative of State or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to the Project for audits, examinations, excerpts, and transactions, and Recipient shall furnish copies thereof if requested.

3. Recipient, its contractors and subcontractors will pern1it access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the Commission, the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by State, for the purpose of any investigation to ascertain compliance with this Agreement and the Act.

C. Reporting Requirements
17336.00030\ 42137870. 1
Exhibit D
2 590

1. Subject to the discretion of Commission, Recipient agrees to provide on a quarterly basis, Project Progress Reports that include the following information, as applicable:
a. Activities and progress made towards implementation of the project; b. Identification of whether the Project is proceeding on schedule and within budget; c. Identification of changes to the Project funding plan; d. Any actual or anticipated problems which could lead to delays in schedule, increased costs or other difficulties for either the Project or other State funded projects impacted by the Projects scope of work;
e. Identify metrics and benefits achieved for disadvantaged communities, low income communities, and/ or low income households;
f. Reporting requirements per California Air Resource Board Cap and Trade Auction Proceeds Funding Guidelines for Agencies that Administer California Climate Investments which may include, continued reporting following project implementation to identify benefits achieved.

2. Reporting requirements of Recipient will include whether reported implementation activities are within the scope of the Project and in compliance with State laws, regulations, and administrative requirements.

3. Within one year of the Project or reportable Project components becoming operable, the implementing agency must provide a final delive1y report including at a minimum:
a. Scope of completed Project as compared to programmed Project; b. Performance outcomes derived from the project as compared to outcomes described in the Project application and shall include but not be limited to before and after measurements and estimates for ridership, service levels, greenhouse gas reductions, updated estimated greenhouse gas reductions over the life of the project, benefits to disadvantaged communities, low income communities, and/ or low income households, and project co- benefits as well as an explanation of the methodology used to quantify the benefits.

Section 3. Special Requirements
Non- Discrimination Clause

1. In the performance of work under this Agreement, Recipient, its contractor( s) and all subcontractors, shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability, mental disability, medical condition, age, marital status, family and medical care leave, pregnancy leave, and disability leave. Recipient, its contractor( s) and all subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Recipient, its contractor( s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act ( Government Code section 12900 et seq.), and the applicable regulations promulgated thereunder ( California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair Employment and.

Housing Commission implementing Government Code section 12990 ( a- t), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Each of Recipient' s contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

Exhibit D
3 17336.00030\ 42137870. 1
591

2. Each of the Recipient' s contractors, subcontractors, and/ or subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other labor agreements. The Recipient shall include the nondiscrimination and compli ance provisions hereof in all contracts and subcontracts to perfom1 work under this Agreement.

3. Recipient shal Iinclude the non -discrimination and compliance provisions ofthis clause in all contracts and subcontracts to perform work under this Agreement.

4. The Recipient shall comply with the nondiscrimination program requirements ofTitle VI of the Civil Rights Act of 1964 . Accordingly , 49 CFR 21 ( Nondiscrim ination in Federally -Assisted Programs ofThe Department Of Transportation- Effectuation ofTitle VI ofThe Civil Rights Act of 1964) and 23 CFR Part 200 ( Title VI Program and Related Statutes- Implementation and Review Procedures) are made applicable to this Agreement by this reference. Wherever the term Contractor" appears therein , it shall mean the Recipient.

5. The Recipient shall pennit, and shall require that its contractors, subcontractors , and subrecipients will pem1it , access to all records of employment , employment advertisements, app lication forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission or any other agency of the State of California designated by Department to investigate compliance with this Section J.

M. Disabled Veterans Program Requirements

1. Should Military and Veterans Code sections 999 et seq. be app licable to Recipient, Recipient will meet, or make good faith efforts to meet , the 3 % Disabled Veterans Business Enterpr ises goals or Recipient' s applicable higher goals) in the award of every contract for Project work to be perfonned under these this Agreement.

2. Recipient shall have the sole duty and authority under this Agreement to determine whether these referenced code sections are applicable to Recipient and, if so , whether good faith efforts asse11ed by those contractors of Recipient were sufficient as outlined in Militaiy and Veterans Code sections 999 et seq.

I7336. 0003 0\ 42 13787 0 . I
Exhibit D
4 592
Agreement

1. RECIPIENT NAME AND ADDRESS

2. AGREEMENT NUMBER: 3. AMENDMENT NO.

4. PROJECT PERFORMANCE PERIOD: FROM 09/01/2008 TO

5. FEDERAL FUNDING PERIOD: FROM 09/01/2008 TO
1A. IRS/VENDOR NO.

6. ACTION
1C. DUNS.

7. CFDA#:

9. PREVIOUS AGREEMENTS

10. THIS AGREEMENT

11. TOTAL AGREEMENT

12. INCORPORATED ATTACHMENTS

13. STATUTORY AUTHORITY FOR GRANT/ COOPERATIVE AGREEMENT

14. REMARKS

GRANTEE ACCEPTANCE AGENCY APPROVAL

15. NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL 17.

16. SIGNATURE OF AUTHORIZED GRANTEE OFFICIAL 16A. DATE 18. 18A. DATE

AGENCY USE ONLY

19. OBJECT CLASS CODE: 20. ORGANIZATION CODE:

21. ACCOUNTING CLASSIFICATION CODES

8. PROJECT TITLE

TITLE FEDERAL NON-FEDERAL TOTAL
1B. UEI.
05/01/2024 02/28/2030 05/01/2024 02/28/2030
General Terms and Conditions, Attachment 1; Project Specific Terms and Conditions, Attachment 2; Exhibits, Attachment 3 Electronically Signed Electronically Signed Jamie Rennert Director, Regional Outreach & Project Delivery Mr. Doug Schulze City Manager 06/28/2024 06/28/2024 2024 10030501AA 2,800,000.00 41010 9000000000 0 New 956000674 099169823 20.327
99 E Ramsey St
Banning, CA 92220-4837
Hargrave Grade Separation Planning Project
Sections 22104 and 22305 of the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58 (2021); 49 U.S.C. § 22909 / Advanced Appropriation in the IIJA, Division J, Title VIII, Public Law 117-58 (2021)

THIS AGREEMENT INCLUDES THE FOLLOWING ATTACHMENTS, INCORPORATED HEREIN AND MADE A PART HEREOF: CITY OF BANNING 69A36524420100RCECA 27X0760722 DOCUMENT NUMBER FUND BY BPAC AMOUNT Grant 0.00 2,800,000.00 2,800,000.00 0.00 1,500,000.00 4,300,000.00 0.00 1,500,000.00 4,300,000.00 Federal Railroad Administration
NAME AND TITLE OF AUTHORIZED FRA OFFICIAL SIGNATURE OF AUTHORIZED FRA OFFICIAL 69A36524420100RCECA F996EVLCRCG3 593

AWARD ATTACHMENTS
CITY OF BANNING 69A36524420100RCECA

1. General Terms and Conditions, Attachment 1

2. Project Specific Terms and Conditions, Attachment 2

3. Exhibits, Attachment 3
594

1 Attachment 1

GENERAL TERMS AND CONDITIONS
Revision Date: February 15, 2024

595

2 General Terms and Conditions
Table of Contents
ATTACHMENT 1............................................................................................................................................. 7 ARTICLE 1: TERMS AND CONDITIONS .......................................................................................................... 7

1.1 General Terms and Conditions ..................................................................................................... 7

1.2 Project-Specific Terms and Conditions......................................................................................... 7

1.3 Program-Specific Clauses.............................................................................................................. 7

1.4 Exhibits.......................................................................................................................................... 8 ARTICLE 2: FRA ROLE AND RESPONSIBILITIES .............................................................................................. 8

2.1 FRA Role ........................................................................................................................................ 8

2.2 FRA Professional Staff................................................................................................................... 8 ARTICLE 3: RECIPIENT ROLE ......................................................................................................................... 9

3.1 Representations and Acknowledgments on the Project .............................................................. 9

3.2 Representations on Authority and Capacity ................................................................................. 9

3.3 FRA Reliance................................................................................................................................ 10

3.4 Project Delivery........................................................................................................................... 10

3.5 Rights and Powers Affecting the Project .................................................................................... 10

3.6 Notification of Changes to Key Personnel .................................................................................. 11 ARTICLE 4: AWARD AMOUNT, OBLIGATION, AND TIME PERIODS............................................................. 11

4.1 Federal Award Amount............................................................................................................... 11

4.2 Federal Obligations..................................................................................................................... 11

4.3 Maximum Funding Amount........................................................................................................ 11

4.4 Budget Period.............................................................................................................................. 11

4.5 Period of Performance................................................................................................................ 11 ARTICLE 5: STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES .................................................. 11

5.1 Notification Requirement ........................................................................................................... 11

5.2 Scope and Statement of Work Changes ..................................................................................... 12

5.3 Schedule Changes....................................................................................................................... 12

5.4 Budget Changes .......................................................................................................................... 12

5.5 Project Cost Savings.................................................................................................................... 13

5.6 FRA Acceptance of Changes ........................................................................................................ 13 ARTICLE 6: GENERAL REPORTING TERMS .................................................................................................. 14 596

3 6.1 Alternative Reporting Methods.................................................................................................. 14

6.2 Paperwork Reduction Act Notice................................................................................................ 14 ARTICLE 7: PROGRESS AND FINANCIAL REPORTING.................................................................................. 14

7.1 Quarterly Project Progress Reports and Recertifications ........................................................... 14

7.2 Final Progress Reports and Financial Information ...................................................................... 15

7.3 Real Property Reporting .............................................................................................................. 15 ARTICLE 8: PERFORMANCE MEASUREMENT AND REPORTING ................................................................. 15

8.1 Baseline Performance Measurement ......................................................................................... 15

8.2 Post-Project Performance Measurement................................................................................... 15

8.3 Project Outcomes Report............................................................................................................ 16

8.4 General Performance Measurement Requirements .................................................................. 16

8.5 Outcome Measurement and Reporting Survival ........................................................................ 16 ARTICLE 9: NONCOMPLIANCE AND REMEDIES .......................................................................................... 16

9.1 Noncompliance Determinations................................................................................................. 16

9.2 Remedies ..................................................................................................................................... 17

9.3 Other Oversight Entities .............................................................................................................. 18 ARTICLE 10: AGREEMENT SUSPENSION AND TERMINATION .................................................................... 18

10.1 Suspension of Award Activities................................................................................................... 18

10.2 FRA Termination ......................................................................................................................... 19

10.3 Closeout Termination.................................................................................................................. 19

10.4 Post-Termination Adjustments................................................................................................... 19

10.5 Non-Terminating Events............................................................................................................. 19 ARTICLE 11: MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS ...............................20

11.1 Recipient Monitoring and Record Retention .............................................................................. 20

11.2 Financial Records and Audits...................................................................................................... 20

11.3 Internal Controls......................................................................................................................... 21

11.4 FRA Record Access ...................................................................................................................... 21

11.5 Site Visits..................................................................................................................................... 21 ARTICLE 12: CONTRACTING AND SUBAWARDING..................................................................................... 21

12.1 Buy America ................................................................................................................................ 21

12.2 Small and Disadvantaged Business Requirements ..................................................................... 22

12.3 Engineering and Design Services [Reserved] .............................................................................. 22

12.4 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment ...22 597

4 12.5 Pass-Through Entity Responsibilities .......................................................................................... 22

12.6 Local Hiring Preference for Construction Jobs............................................................................ 22

12.7 Procurement ............................................................................................................................... 23 ARTICLE 13: COSTS, PAYMENTS, AND UNEXPENDED FUNDS .................................................................... 23

13.1 Limitation of Federal Award Amount ......................................................................................... 23

13.2 Project Costs ............................................................................................................................... 23

13.3 Timing of Project Costs ............................................................................................................... 23

13.4 Recipient Recovery of Federal Funds.......................................................................................... 23

13.5 Unexpended Agreement Federal Funds..................................................................................... 24

13.6 Interest Earned ........................................................................................................................... 24

13.7 Timing of Payments to the Recipient.......................................................................................... 24

13.8 Payment Method ........................................................................................................................ 24

13.9 Information Supporting Expenditures ........................................................................................ 24

13.10 Reimbursement Request Timing Frequency............................................................................... 24

13.11 Program Income.......................................................................................................................... 25 ARTICLE 14: PROPERTY AND EQUIPMENT ................................................................................................. 25

14.1 General Requirements................................................................................................................ 25

14.2 Relocation and Real Property Acquisition .................................................................................. 25

14.3 Use for Originally Authorized Purpose........................................................................................ 25

14.4 Maintenance ............................................................................................................................... 25

14.5 Real Property Disposition............................................................................................................ 26

14.6 Equipment Disposition................................................................................................................ 26

14.7 Recordkeeping ............................................................................................................................ 26

14.8 Encumbrance .............................................................................................................................. 26 ARTICLE 15: AMENDMENTS ....................................................................................................................... 26

15.1 Bilateral Amendments ................................................................................................................ 26

15.2 FRA Unilateral Amendments....................................................................................................... 26

15.3 Other Amendments .................................................................................................................... 27 ARTICLE 16: CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE .............................................................. 27

16.1 Climate Change and Environmental Justice................................................................................ 27 ARTICLE 17: RACIAL EQUITY AND BARRIERS TO OPPORTUNITY ................................................................ 27

17.1 Racial Equity and Barriers to Opportunity .................................................................................. 27 ARTICLE 18: LABOR AND WORK................................................................................................................. 27 598

5 18.1 Labor and Work........................................................................................................................... 27

18.2 OFCCP Mega Construction Project Program............................................................................... 28 ARTICLE 19: CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE ....................................................... 28

19.1 Critical Infrastructure Security and Resilience............................................................................ 28 ARTICLE 20: FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL POLICY REQUIREMENTS .......................................................................................................................................... 28

20.1 Uniform Administrative Requirements for Federal Awards....................................................... 28

20.2 Federal Law and Public Policy Requirements ............................................................................. 29

20.3 Federal Freedom of Information Act .......................................................................................... 29

20.4 History of Performance............................................................................................................... 29

20.5 Whistleblower Protection........................................................................................................... 29

20.6 External Award Terms and Obligations....................................................................................... 29

20.7 Incorporated Certifications......................................................................................................... 30 ARTICLE 21: ASSIGNMENT.......................................................................................................................... 30

21.1 Assignment Prohibited................................................................................................................ 30 ARTICLE 22: WAIVER .................................................................................................................................. 30

22.1 Waivers ....................................................................................................................................... 30 ARTICLE 23: ADDITIONAL TERMS AND CONDITIONS ................................................................................. 31

23.1 Disclaimer of Federal Liability ..................................................................................................... 31

23.2 Environmental Review ................................................................................................................ 31

23.3 Project Maintenance Requirement............................................................................................. 32

23.4 Appropriations Act Requirements .............................................................................................. 32

23.5 Standards of Conduct.................................................................................................................. 32

23.6 Changed Conditions of Performance.......................................................................................... 33

23.7 Litigation ..................................................................................................................................... 33

23.8 Bipartisan Infrastructure Law Signage Guidelines ...................................................................... 33

23.9 Equipment and Supplies ............................................................................................................. 33

23.10 Safety and Technology Data ....................................................................................................... 34

23.11 Intellectual Property ................................................................................................................... 34

23.12 Liquidation of Recipient Obligations........................................................................................... 34 ARTICLE 24: CONSTRUCTION AND DEFINITIONS ....................................................................................... 34

24.1 Agreement .................................................................................................................................. 34

24.2 Construction................................................................................................................................ 34 599

6 24.3 Integration .................................................................................................................................. 35

24.4 Definitions ................................................................................................................................... 35

24.5 Calendar Dates............................................................................................................................ 36

24.6 Communication in Writing.......................................................................................................... 36 ARTICLE 25: AGREEMENT EXECUTION AND EFFECTIVE DATE ................................................................... 36

25.1 Counterparts............................................................................................................................... 36

25.2 Effective Date.............................................................................................................................. 36 ARTICLE 26: PROGRAM-SPECIFIC CLAUSES................................................................................................ 36

26.1 Interstate Rail Compacts Grant Program.................................................................................... 36

26.2 Railroad Crossing Elimination Program Clauses ......................................................................... 38

26.3 Consolidated Rail Infrastructure and Safety Improvements Grants Clauses..............................41

26.4 Restoration and Enhancement Grants Clauses ........................................................................... 43

26.5 Federal-State Partnership for Intercity Passenger Rail and Federal-State Partnership for State of Good Repair Clauses........................................................................................................................... 45

600

7 ATTACHMENT 1
This Grant Agreement (Agreement) is between the Federal Railroad Administration (FRA) and the Recipient identified in Attachment 2: Project-Specific Terms and Conditions. This Agreement, including the Agreement cover sheet, this Attachment 1, Attachment 2, and Exhibits A–C, constitutes the entire Agreement between FRA and the Recipient regarding the Project as defined in Attachment 2. All prior discussions and understandings concerning the scope and subject matter of this agreement are superseded by this Agreement.

This Agreement is governed by and subject to 2 C.F.R. part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and the U.S. Department of Transportation (USDOT) implementing regulations at 2 C.F.R. part 1201.

ARTICLE 1: TERMS AND CONDITIONS

1.1 General Terms and Conditions
This Attachment 1: General Terms and Conditions, is part of the Agreement between FRA and the Recipient. This Attachment 1 contains the standard terms and conditions governing the administration of this Agreement and the execution of the Project. The General Terms and Conditions incorporate by reference the information contained in Attachment 2 and the Exhibits to this Agreement.

1.2 Project-Specific Terms and Conditions
Attachment 2: Project-Specific Terms and Conditions, is part of the Agreement between FRA and the Recipient. Attachment 2 contains Project-Specific Terms and Conditions, which may include special terms and conditions.

1.3 Program-Specific Clauses
Article 26 of this Attachment 1 contains the applicable program-specific clauses. The Recipient will comply with the program-specific clauses below that are associated with the grant program identified in Attachment 2 of this Agreement. In the event that the Recipient’s grant is not authorized under a program listed below, Article 26 does not apply. (a) For Projects funded under the Interstate Rail Compacts program (49 U.S.C. § 22910), the Recipient will comply with the program-specific clauses in Article 26.1. (b) For Projects funded under the Railroad Crossing Elimination program (49 U.S.C. § 22909), the Recipient will comply with the program-specific clauses in Article 26.2. (c) For Projects funded under the Consolidated Rail Infrastructure and Safety Improvements program (49 U.S.C. § 22907), the Recipient will comply with the programspecific clauses in Article 26.3. (d) For Projects funded under the Restoration and Enhancement program (49 U.S.C. § 22908), the Recipient will comply with the program-specific clauses in Article 26.4. 601

8 (e) For Projects funded under the Federal-State Partnership for Intercity Passenger Rail program (49 U.S.C. § 24911) and Federal-State Partnership for State of Good Repair (as authorized in Sections 11103 and 11302 of the Passenger Rail Reform and Investment Act of 2015 (Title XI of the Fixing America’s Surface Transportation (FAST) Act, Pub. L. No. 114- 94 (2015))), the Recipient will comply with the program-specific clauses in Article 26.5.

1.4 Exhibits
Exhibits A–C are part of the Agreement between FRA and the Recipient. The Recipient will comply with Exhibits A–C.

ARTICLE 2: FRA ROLE AND RESPONSIBILITIES

2.1 FRA Role
(a) FRA is responsible for funding disbursements to the Recipient under this Agreement.

FRA will also conduct oversight and monitoring activities to assess Recipient progress against established performance goals and to assess compliance with terms and conditions, including the Statement of Work and other requirements of this Agreement. (b) If this award is made as a Cooperative Agreement, FRA will have substantial programmatic involvement. Substantial involvement means that, after award, technical, administrative, or programmatic staff will assist, guide, coordinate, or otherwise participate with the Recipient in Project activities.
(c) If this award is made as a Grant, FRA will not have substantial programmatic involvement.

2.2 FRA Professional Staff
FRA may provide professional staff to review work in progress, completed products, and to provide or facilitate access to technical assistance when it is available, feasible, and appropriate.

FRA professional staff may include the following:
(a) Financial Analyst. The Financial Analyst will serve as the Recipient’s point of contact for systems (e.g., GrantSolutions and the Delphi eInvoicing System) access and troubleshooting as well as for financial monitoring.
(b) Grant Manager. The Grant Manager will serve as the Recipient’s point of contact for grant administration and will oversee compliance with the terms and conditions in this Agreement. The Grant Manager reviews financial reports, performance reports, and works with the Project Manager to facilitate effective Project delivery. (c) Project Manager. The Project Manager will serve as the Recipient’s point of contact for the technical aspects of Project delivery. The Project Manager coordinates Project deliverable review, provides technical assistance to the Recipient, and generally assesses Project progress and performance.
602

9 ARTICLE 3: RECIPIENT ROLE

3.1 Representations and Acknowledgments on the Project
(a) The Recipient represents that:
(1) all material statements of fact in the Application were accurate when the Application was submitted and now; and
(2) the Recipient read and understands the terms and conditions in Attachment 1 and Attachment 2 of this Agreement, the applicable program-specific clauses in Article 26 of this Attachment 1, and the information and conditions in the Exhibits. (b) The Recipient acknowledges that:
(1) the terms and conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the terms and conditions may result in remedial action, including terminating the Agreement, disallowing costs incurred for the Project, requiring the Recipient to refund Federal contributions to FRA, and reporting the non-compliance in the Federal-government-wide integrity and performance system. Recipient acknowledges that the terms and conditions impose such obligations on the Recipient whether the award is made as a Cooperative Agreement, Grant Agreement, or Phased Funding Agreement. (2) The Recipient acknowledges that the requirements of this Agreement apply to the entire Project, including Project costs satisfied from sources other than Agreement Federal Funds.
(c) By entering into this Agreement with FRA, the Recipient agrees to comply with the terms and conditions in Attachment 1 and Attachment 2, including applicable programspecific clauses in Article 26 of this Attachment 1, Exhibits A–C, and all applicable Federal laws and regulations, including those identified in this Agreement. The Recipient will ensure compliance with all terms of this Agreement and all of its parts for all tiers of subawards and contracts under this Agreement, as appropriate. The Recipient understands that the terms and conditions of this Agreement apply regardless of whether the award is made as a Cooperative Agreement, Grant Agreement, or Phased Funding Agreement.

3.2 Representations on Authority and Capacity
The Recipient represents that:
(a) it has the legal authority to receive Federal financial assistance under this Agreement; (b) it has the legal authority to complete the Project; (c) all representations and warranties made in the Federal System for Awards Management (SAM.gov) and in the Application are true and correct; 603

10 (d) it has the capacity, including legal, technical, institutional, managerial, and financial capacity, to comply with its obligations under this Agreement and complete the Project; (e) the Non-Federal Funds listed in Article 6 of Attachment 2 of this Agreement are committed to fund the Project;
(f) it has sufficient funds available to ensure that equipment and infrastructure funded under this Agreement will be operated and maintained in compliance with this Agreement and applicable Federal law;
(g) it has sufficient funds available to ensure that operations funded under this agreement are conducted in compliance with this Agreement and applicable Federal law; and (h) the individual executing this agreement on behalf of the Recipient has the legal authority to enter this Agreement and make the statements and certifications in this Agreement on behalf of the Recipient.

3.3 FRA Reliance
The Recipient acknowledges that:
(a) FRA relied on statements of fact in the Application and SAM.gov to select the Project to receive this award;
(b) FRA relied on statements of fact in the Application, SAM.gov, and this Agreement to determine that the Recipient and the Project are eligible to receive financial assistance under this Agreement;
(c) FRA relied on statements of fact in the Application, SAM.gov, and this Agreement to determine that the Recipient has the legal authority to implement the Project; and (d) FRA relied on statements of fact in both the Application and this Agreement to establish the terms of this Agreement; and
(e) FRA’s selection of the Project to receive this award may have prevented awards to other eligible applicants.

3.4 Project Delivery
(a) The Recipient will implement and complete the Project to FRA’s satisfaction under the terms of this Agreement.
(b) The Recipient will ensure that the Project is financed, constructed, operated, and maintained in accordance with all applicable Federal laws, regulations, and policies.

3.5 Rights and Powers Affecting the Project
(a) The Recipient will not take or permit any action that deprives it of any rights or powers necessary to the Recipient’s performance under this Agreement without written approval of FRA.
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11 (b) The Recipient will act promptly, in a manner acceptable to FRA, to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient’s performance under this Agreement.

3.6 Notification of Changes to Key Personnel
The Recipient will notify the FRA Grant Manager in writing within 30 days of any change in key personnel who are identified in the Application, which may require an amendment to this Agreement.

ARTICLE 4: AWARD AMOUNT, OBLIGATION, AND TIME PERIODS

4.1 Federal Award Amount
Under this Agreement, FRA awards a Grant to the Recipient in the amount that is the Agreement Federal Funds in Article 6.1 of Attachment 2 of this Agreement.

4.2 Federal Obligations
This Agreement obligates for the budget period the amount that is the Agreement Federal Funds in Article 6.1 of Attachment 2 of this Agreement.

4.3 Maximum Funding Amount
This Agreement funds the Project at the lesser amount of the Agreement Federal Funds in Article 6.1 of Attachment 2 of this Agreement, or the FRA maximum contribution percentage of the total Project cost identified in Article 6.5 of Attachment 2 of this Agreement.

4.4 Budget Period
The budget period for this award begins on the date of this Agreement and ends on the end date that is listed in Section 5 on the Agreement cover sheet. In this Agreement, “budget period” is used as defined at 2 C.F.R. § 200.1.

4.5 Period of Performance
The Period of Performance for this award is listed in Section 4 on the Agreement cover sheet. In this Agreement, “Period of Performance” is used as defined at 2 C.F.R. § 200.1.

ARTICLE 5: STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES

5.1 Notification Requirement
The Recipient will notify the FRA Grant Manager and Project Manager by electronic correspondence within 30 days of any change in circumstances or commitments that adversely affect the Recipient’s plan to complete the Project, including change in authority. In that notification, the Recipient will describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. This notification requirement under this Section 5.1 is separate from any requirements under this Article 5 that the Recipient request an amendment to this Agreement.
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12 5.2 Scope and Statement of Work Changes
If the Project’s activities differ from the activities described in Article 4 of Attachment 2 of this Agreement, then the Recipient will notify FRA in writing of the change, which may require an amendment to this Agreement.

5.3 Schedule Changes
If one or more of the following conditions are satisfied, then the Recipient will request an amendment to this Agreement to update the Estimated Project Schedule in Section 5.2 of Attachment 2 of this Agreement:
(a) a completion date for the Project or a component of the Project is listed in the Estimated Project Schedule in Section 5.2 of Attachment 2 of this Agreement and the Recipient’s estimate for that milestone changes to a date that is more than six months after the date listed;
(b) a schedule change would require the budget period to continue after the end of the budget period defined in Section 4.4; or
(c) a schedule change would require the Period of Performance to continue after the end of the Period of Performance defined in Section 4.5. The Recipient must submit requests to extend the Period of Performance not later than 90 days before the end of the Period of Performance.

For other schedule changes, the Recipient will notify the Grant Manager in writing.

5.4 Budget Changes
(a) The Recipient acknowledges that if the cost of completing the Project increases:
(1) that increase does not affect the Recipient’s obligation under this Agreement to complete the Project;
(2) any additional funds the Recipient contributes to complete the Project are subject to the requirements of this Agreement in the same manner as the NonFederal Funds identified in Article 6.5 of Attachment 2 of this Agreement; and (3) FRA will not increase the amount of this award to address any funding shortfall.
(b) The Recipient will notify FRA in writing if the total Project cost, as described in Table 6- A of Attachment 2 of this Agreement, amount increases, which may result in an amendment to this Agreement.
(c) The Recipient will notify FRA in writing if the Non-Federal Funds amount decreases, which may result in an amendment to this Agreement.
(d) For all other budget changes, the Recipient will follow the applicable procedures and document the changes in writing.
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13 5.5 Project Cost Savings
(a) If there are Project Cost Savings, then the Recipient may notify FRA in writing of its intent to include in the Project and complete with the Project Cost Savings the additional activities within the scope of this award that are specified in the Additional Task(s) in Article 4 of Attachment 2 of this Agreement. The Recipient will complete the Additional Task(s) after FRA provides a written approval. An amendment to this Agreement is not required to proceed with the Additional Task(s).
(b) If there are Project Cost Savings, and there are not Additional Task(s) identified in Article 4 of Attachment 2 of this Agreement, then the Recipient may propose a new task that is within the scope of this award and request an amendment to add the new task to this Agreement and complete it with Project Cost Savings. (c) In this Agreement, “Project Cost Savings” means the difference between the actual costs to complete the Project and the estimated total Project cost listed in Section 6.5 of Attachment 2 of this Agreement, if after the Recipient completes the tasks identified in Article 4 of Attachment 2 of this Agreement to FRA’s satisfaction, the actual Project costs are less than the estimated total Project costs. There are no Project Cost Savings prior to completion of the Project or if the actual costs to complete the Project are equal to or greater than the total Project cost listed in Section 6.5 of Attachment 2 of this Agreement. (d) If there are Project Cost Savings and either the Recipient does not make a proposal or FRA does not accept the Recipient’s proposal under (a) of this Section 5.5, then:
(1) The Recipient will provide written notice to FRA and reduce the Federal Share by the Project Cost Savings, which may result in an amendment to this Agreement; and
(2) If the reduced Federal Share reduces this award and the Recipient received reimbursed costs exceeding the appropriate amount under the reduced award, the Recipient will refund the difference between the reimbursed costs and the reduced award.
(e) In this Agreement, “Federal Share” means the sum of the Agreement Federal Funds and Other Federal Funds amounts that are identified in the Approved Project Budget in Section 6.5 of Attachment 2 of this Agreement.
(f) The Recipient acknowledges that amounts that are required to be refunded under this Section constitute a debt to the Federal Government that FRA may collect under 2 C.F.R. § 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999).

5.6 FRA Acceptance of Changes
FRA may accept or reject changes requested under this Article 5, and in doing so may elect to consider only the interests of the grant program and FRA. The Recipient acknowledges that any request under this Article 5 does not amend, modify, or supplement this Agreement unless FRA 607

14 accepts the request and the parties amend this Agreement under Section 15.1 of this Attachment 1.

ARTICLE 6: GENERAL REPORTING TERMS

6.1 Alternative Reporting Methods
FRA may establish processes for the Recipient to submit reports required by this Agreement, including electronic submission processes. If the Recipient is notified of those processes in writing, the Recipient will use the processes required by FRA.

6.2 Paperwork Reduction Act Notice
Under 5 C.F.R. § 1320.6, the Recipient 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 (OMB). Notwithstanding any other term of this Agreement, the due date for any information collections required under this Agreement, including the reporting requirements in Articles 7 and 8, is the later of (1) the due date stated with the requirement and (2) the 30th day after OMB approves that information collection.

ARTICLE 7: PROGRESS AND FINANCIAL REPORTING

7.1 Quarterly Project Progress Reports and Recertifications (a) On or before the 30th day of the first month of each quarter and until the end of the Period of Performance, the Recipient will submit to FRA through GrantSolutions a complete FRA Form 341 Quarterly Project Progress Report and Recertification that contains, for the previous quarter:
(1) a certification that the Recipient is in compliance with 2 C.F.R. § 200.303 (Internal Controls) and 2 C.F.R. part 200, Subpart F (Audit Requirements); (2) the certification required under 2 C.F.R. § 200.415(a); and (3) a certification that the Recipient is complying with any environmental mitigation commitments and Section 106 compliance obligations.

If the date of this Agreement is in the final month of a quarter, then the Recipient will submit the first Quarterly Project Progress Report and Recertification in the quarter that begins after the date of this Agreement.
(b) On or before the 30th day of the first month of each quarter and until the end of the Period of Performance, the Recipient will submit to FRA through GrantSolutions a Federal Financial Report (SF-425) covering the previous quarter. 1 FRA Form 34 is available at https://railroads.dot.gov/grant-administration/reporting-requirements/fra-reports 608

15 7.2 Final Progress Reports and Financial Information No later than 120 days after the end of the Period of Performance, the Recipient will submit:
(a) a final Quarterly Project Progress Report and Recertification in the format and with the content described in Section 7.1(a) of this Attachment 1 for each Quarterly Project Progress Report and Recertification;
(b) a final SF-425 through GrantSolutions;
(c) a Final Performance Report FRA Form 33 as provided by FRA2 ; and
(d) any other information required under FRA’s award closeout procedures.

7.3 Real Property Reporting
The Recipient will comply with the reporting obligations in 2 C.F.R. § 200.330, as directed by FRA.

ARTICLE 8: PERFORMANCE MEASUREMENT AND REPORTING

8.1 Baseline Performance Measurement
Within one year before the start of work on the Project, the Recipient will collect baseline data for each performance measure that is identified in Article 7 of Attachment 2 of this Agreement.

Within six months of the start of the Period of Performance, the Recipient will submit to FRA a Baseline Performance Measurement Report that describes the data collected, the dates when the data were collected, the data sources, assumptions, variability, and estimated levels of precision for each performance measure. The Recipient will also provide FRA access to the data collected in machine-readable format.

8.2 Post-Project Performance Measurement
For each performance measure that is listed in Article 7 of Attachment 2 of this Agreement, the Recipient will collect data and submit to FRA a Post-Project Performance Measurement Report that describes the data collected, the dates when the data were collected, the data sources, assumptions, variability, and estimated levels of precision for each performance measure, at the frequency and for the duration identified in Article 7 of Attachment 2 of this Agreement. The Recipient will also provide FRA access to the data collected in machine-readable format. If an external factor affects a performance measure, the Recipient will identify that external factor in the Post-Project Performance Measurement Report and discuss the external factor’s influence on the performance measure. In the Post-Project Performance Report, the Recipient will compare the actual project performance against the pre-project (baseline) performance and expected post-project performance as described in Table 7-A of Attachment 2 of this Agreement.
2 FRA Form 33 is available at https://railroads.dot.gov/grant-administration/reporting-requirements/fra-reports 609

16 8.3 Project Outcomes Report
Where indicated in Article 7 of Attachment 2 of this Agreement, the Recipient will submit to FRA, not later than January 31st of the year that follows the final year during which data were collected, a Project Outcomes Report that contains:
(a) an analysis of the impacts of the Project, including a comparison of the baseline performance measurement data collected under Section 8.1 of this Attachment 1 with the post-project performance measurement data that the Recipient reported in the final PostProject Performance Measurement Report required under Section 8.2 of this Attachment 1;
(b) for each performance measure that is identified in Article 7 of Attachment 2 of this Agreement, an analysis of the accuracy of the projected outcome; and (c) all data collected under Sections 8.1 and 8.2 of this Attachment 1; (d) additional information as directed.

8.4 General Performance Measurement Requirements
The Recipient will ensure that all data collection for each performance measure identified in Article 7 of Attachment 2 of this Agreement is completed in a manner consistent with the description, location, and other attributes associated with that performance measure.

8.5 Outcome Measurement and Reporting Survival
The data collection and reporting requirements in Article 8 of this Attachment 1 survive the termination of this Agreement. FRA may consider the Recipient’s compliance with this requirement after closeout of the grant in its evaluation of future applications for Federal financial assistance.

ARTICLE 9: NONCOMPLIANCE AND REMEDIES

9.1 Noncompliance Determinations
(a) Notice of Proposed Determination. If FRA determines that the Recipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this Agreement, FRA will notify the Recipient of a proposed determination of noncompliance through a written notice that:
(1) explains the noncompliance;
(2) describes a proposed remedy that is consistent with Section 9.2 of this Attachment 1;
(3) describes the process and form in which the Recipient may respond to the notice that is consistent with Section 9.1(b) of this Attachment 1; and 610

17 (4) if applicable, provides the Recipient an opportunity to cure the noncompliance or take corrective action.
(b) Response to Notice of Proposed Determination. The Recipient may, not later than 7 days after receiving the notice of proposed determination of noncompliance, respond to that notice in the form and through the process described in that notice. In its response, the Recipient may:
(1) accept the proposed remedy;
(2) acknowledge the noncompliance, but propose an alternative remedy; (3) acknowledge the noncompliance and agree to cure or take corrective action; or
(4) dispute the noncompliance.

To dispute the noncompliance, the Recipient must include in its response sufficient documentation or other information supporting the Recipient’s compliance. (c) Notice of Final Determination. After considering the Recipient’s response or failure to timely respond under Section 9.1(b) of this Attachment 1, FRA will make a final determination. To make a final determination, FRA must provide a written notice to the Recipient that:
(1) states what the final determination is (e.g., noncompliance or compliance); (2) states the basis for the final determination; and
(3) describes the remedy that FRA is imposing, if applicable, or if FRA is not imposing a remedy, describes the resolution to the proposed determination of noncompliance, including whether the Recipient has cured or corrected the noncompliance.
(d) If FRA determines the noncompliance is one that cannot be addressed while work on the Project is ongoing, in the notice of proposed determination or in the notice of final determination, FRA will direct the Recipient to stop work. The Recipient will stop work and will direct any Subrecipients or contractors to stop work immediately upon receipt of a notice to stop work from FRA.
(e) FRA may consider the public interest in making a determination of noncompliance and imposing a remedy.

9.2 Remedies
(a) If FRA makes a final determination of noncompliance under Section 9.1(c) of this Attachment 1, FRA may impose a remedy, including:
(1) additional conditions on the award;
(2) requiring the Recipient to prepare and implement a corrective action plan; 611

18 (3) directing the Recipient to stop work;
(4) 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 Recipient to FRA; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; or
(5) any other remedy legally available.
(b) The Recipient acknowledges that any amounts FRA requires the Recipient to refund to FRA under this Section 9.2 constitute a debt to the Federal Government that FRA may collect under 2 C.F.R. § 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999).
(c) Other Remedies. The termination authority under Article 10 of this Attachment 1 supplements and does not limit FRA’s remedial authority under this Article 9 or 2 C.F.R. part 200, including 2 C.F.R. §§ 200.339-200.240. FRA reserves the right to seek any appropriate remedy or otherwise enforce the terms and conditions of this Agreement as authorized by law.

9.3 Other Oversight Entities
Nothing in Article 9 of this Attachment 1 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 10: AGREEMENT SUSPENSION AND TERMINATION

10.1 Suspension of Award Activities
(a) If FRA determines that the remedy for noncompliance imposed under Article 9 of this Agreement does not achieve the desired result or is unlikely to improve compliance or performance, FRA may suspend activities under this Agreement pending corrective action by the Recipient or termination.
(b) If FRA suspends activities under this Agreement, FRA will notify the Recipient in writing of the following, which may be included in the determinations of non-compliance under Section 9.1 of this Attachment 1:
(1) what project activities, if any, will take place during the period of suspension; (2) what costs FRA will reimburse if the suspension is lifted and the award resumed;
(3) what corrective actions must occur during the suspension; and (4) FRA’s intent to terminate the award under this Article 10 if the Recipient does not meet the conditions of the remedial action.
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19 (c) The duration of the temporary suspension of activities under the Agreement should be commensurate with the corrective action needed, but should not exceed 120 days at the outset. If the Recipient is not making sufficient progress in correcting the noncompliance, FRA must consider both financial and programmatic requirements in determining the appropriate extension to avoid the need for termination.

10.2 FRA Termination
(a) FRA may terminate this Agreement and all its obligations under this Agreement if any of the following occurs:
(1) the Recipient fails to obtain or contribute the required Non-Federal Funds, or alternatives approved by FRA, as provided in this agreement and consistent with Article 6 of Attachment 2 of this Agreement;
(2) the Recipient fails to meet a milestone by six months after the completion date listed in Article 5 of Attachment 2 of this Agreement and the Recipient fails to request an amendment to this Agreement pursuant to Section 5.3 of this Attachment 1;
(3) the Recipient fails to comply with the terms and conditions of this Agreement; (4) there are changes to the Project that FRA determines are inconsistent with FRA’s basis for selecting the Project to receive the award; or (5) FRA determines that termination of this Agreement is in the public interest. (b) The Recipient may request that FRA terminate the Agreement, which may result in FRA determining noncompliance and imposing remedies pursuant to Article 9 of this Attachment 1.

10.3 Closeout Termination
(a) This Agreement terminates on Project Closeout.
(b) In this Agreement, “Project Closeout” means the date that FRA 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.

10.4 Post-Termination Adjustments
The Recipient acknowledges that under 2 C.F.R. §§ 200.345–200.346, termination of this Agreement does not extinguish FRA’s authority to disallow costs, including costs that FRA reimbursed before termination, and recover funds from the Recipient.

10.5 Non-Terminating Events
(a) The end of the budget period described under Section 4.4 of this Attachment 1 does not terminate this Agreement or the Recipient’s obligations under this Agreement. 613

20 (b) The end of the Period of Performance described under Section 4.5 of this Attachment 1 does not terminate this Agreement or the Recipient’s obligations under this Agreement.

ARTICLE 11: MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS

11.1 Recipient Monitoring and Record Retention
(a) The Recipient will monitor activities under this award, including activities under subawards and contracts, to ensure:
(1) that those activities comply with this agreement; and (2) that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award. (b) If the Recipient makes a subaward under this award, the Recipient will monitor the activities of the Subrecipient in compliance with 2 C.F.R. §200.332(d). (c) The Recipient will retain and provide access to records relevant to the award during the course of the Project and for three years after closeout or longer, as required under 2 C.F.R. § 200.334
(d) The Recipient will adhere to the recording and recordkeeping requirements set forth in 2 C.F.R. §§ 200.334–200.338. Project Closeout does not alter these requirements.

11.2 Financial Records and Audits
(a) The Recipient will keep all Project accounts and records that fully disclose the amount and disposition by the Recipient 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 Recipient will keep accounts and records described under Section 11.2(a) of this Attachment 1 in accordance with a financial management system that meets the requirements of 2 C.F.R. §§ 200.301–200.303 and 2 C.F.R. part 200, subpart F and will facilitate an effective audit in accordance with 31 U.S.C. §§ 7501–7506. (c) The Recipient will separately identify expenditures under the award in financial records required for audits under 31 U.S.C. §§ 7501–7506. Specifically, the Recipient will:
(1) list expenditures separately on the schedule of expenditures of Federal awards required under 2 C.F.R. part 200, subpart F, including the fiscal year in the format “FY 202X” in the program name; and
(2) list expenditures on a separate row under Part II, Item 1 (Federal Awards Expended During Fiscal Period) of Form SF-SAC, including “FY 202X” in Column C (Additional Award Identification).
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21 (d) If the Recipient expends $750,000 or more in Federal awards during the Recipient’s fiscal year, a single or program audit will be conducted for that year, consistent with 2 C.F.R. §§ 200.501(a) and 200.512(c).

11.3 Internal Controls
The Recipient will establish and maintain internal controls as required under 2 C.F.R. § 200.303.

11.4 FRA Record Access
FRA may access Recipient records related to this award under 2 C.F.R. § 200.337.

11.5 Site Visits
FRA may conduct site visits to review Project activities, accomplishments, and management control systems and to provide technical assistance to the Recipient. The Recipient will provide or ensure reasonable, safe, and convenient access to FRA for any such site visit. FRA will conduct all site visits in such a manner as will not unduly delay work conducted by the Recipient, Subrecipient, or contractor.

ARTICLE 12: CONTRACTING AND SUBAWARDING

12.1 Buy America
(a) For infrastructure projects, steel, iron, manufactured goods, and construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America, Buy America Act (Buy American Act), Pub. L. No. 117-58, div.

G, tit. IX, subtit. A, 135 Stat. 429, 1298 (2021) and 2 C.F.R. part 184, as implemented by OMB, USDOT, and FRA. The Recipient acknowledges that this Agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).
(b) For all other projects, the Recipient’s acquisition of steel, iron, and manufactured goods with funding provided through this Agreement is subject to the requirements set forth in the Buy American Act, 41 U.S.C. §§ 8301-8305. The Recipient also represents that it has never been convicted of violating the Buy American Act nor will it make funding received under this Agreement available to any person or entity who has been convicted of violating the Buy American Act.
(c) Under this Section, “infrastructure project” has the definition provided in 2 C.F.R. § 184.3.
(d) Under 2 C.F.R. § 200.322, as appropriate and to the extent consistent with law, the Recipient 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 Recipient 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.
615

22 12.2 Small and Disadvantaged Business Requirements
The Recipient will expend all funds under this award in compliance with the requirements at 2 C.F.R. § 200.321 (Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms), and to the extent applicable, 49 C.F.R. part 26 (Participation by disadvantaged business enterprises in Department of Transportation financial assistance programs).

12.3 Engineering and Design Services [Reserved]

12.4 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment The Recipient acknowledges that Section 889 of Pub. L. No. 115-232 and 2 C.F.R. § 200.216 prohibit the Recipient and all Subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award.

12.5 Pass-Through Entity Responsibilities
(a) If the Recipient makes a subaward under this award, the Recipient will comply with the requirements for pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. §§ 200.331–200.333, regardless of whether the Recipient is also a Pass-Through Entity as defined in 2 C.F.R. § 200.1.
(b) The Recipient will report any subaward obligation of $25,000 or more in Federal funds in USASpending.gov consistent with the Federal Funding Accountability and Transparency Act, Pub. L. 109-282.
(c) The Recipient is accountable for performance under this award, the appropriate expenditure of funds, and other requirements under this Agreement. The Recipient is responsible for any non-compliance under the award and for compliance with any remedies imposed.

12.6 Local Hiring Preference for Construction Jobs
Under Section 25019 of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, div. B, tit. V (2021), a Recipient or Subrecipient may implement a local or other geographical or economic hiring preference relating to the use of labor for construction of a project funded by this grant if funded under title 49 or 23 United States Code, including prehire agreements, subject to any applicable State and local laws, policies, and procedures. The use of such a local or other geographical or economic hiring preference in any bid for a contract for the construction of a project funded by this grant shall not be considered to unduly limit competition. Project labor agreements should be consistent with the definition and standards outlined in Executive Order 13502. The Recipient will document its consideration of Local Hiring Preference for Construction Jobs related to the Project in Article 11 of Attachment 2 of this Agreement. For additional information, see
https://www.transportation.gov/sites/dot.gov/files/2023-05/Creating-Local-ConstructionWorkforce.pdf. 616

23 12.7 Procurement
The Recipient may acquire property, goods, or services in connection with the Project. If the Recipient is a State, then it will use its own procurement procedures that reflect applicable State laws and regulations in compliance with 2 C.F.R. § 200.317. A Subrecipient of a State will follow the policies and procedures allowed by that State when procuring property and services under this award consistent with 2 C.F.R. § 1201.317, notwithstanding 2 C.F.R. § 200.317. An entity that is not a State or Subrecipient of a State will comply with 2 C.F.R. §§ 200.318–200.327, and applicable supplementary USDOT or FRA directives and regulations. The Recipient will provide technical specifications and requirements to FRA for review upon request.

ARTICLE 13: COSTS, PAYMENTS, AND UNEXPENDED FUNDS

13.1 Limitation of Federal Award Amount
Under this award, FRA will not provide funding in an amount greater than the Agreement Federal Funds. The Recipient acknowledges that FRA is not liable for payments exceeding that amount, and the Recipient will not request reimbursement of costs exceeding that amount.

13.2 Project Costs
This award is subject to the cost principles at 2 C.F.R. part 200, subpart E, including provisions on determining allocable costs and determining allowable costs.

13.3 Timing of Project Costs
(a) The Recipient will not charge to this award costs that are incurred after the budget period.
(b) The Recipient will not charge to this award costs that were incurred before the date of this Agreement unless those costs are identified as approved pre-award costs in Section

6.6 of Attachment 2 of this Agreement and would have been allowable if incurred during the budget period. This limitation applies to pre-award costs under 2 C.F.R. § 200.458. This agreement hereby terminates and supersedes any previous FRA approval for the Recipient to incur costs under this award for the Project. Section 6.6 of Attachment 2 of this Agreement is the exclusive FRA approval of costs incurred before the date of this Agreement.
(c) The Recipient may request approval of pre-award costs in a written request that demonstrates the purpose and amount of the costs, compliance with 2 C.F.R. § 200.458, and whether such costs would otherwise serve as Non-Federal Funds.

13.4 Recipient Recovery of Federal Funds
The Recipient will make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if FRA determines, after consultation with the Recipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner. The Recipient will not enter a settlement or other final position, in court or otherwise, involving the recovery of funds under the award unless approved in advance in writing by FRA. 617

24 13.5 Unexpended Agreement Federal Funds
Any Agreement Federal Funds that are obligated but not expended on allocable, allowable costs remain the property of the United States.

13.6 Interest Earned
Interest earned on advances of Agreement Federal Funds is not program income.

13.7 Timing of Payments to the Recipient
(a) Reimbursement is the payment method, unless otherwise approved by FRA. (b) The Recipient will not request reimbursement of a cost before the Recipient has entered into an obligation for that cost.

13.8 Payment Method
(a) The Recipient will use the DELPHI e-Invoicing System (https://www.dot.gov/cfo/delphi-einvoicing-system.html) to request reimbursement under this award. FRA will provide access to that system upon request by the Recipient. (b) FRA may deny a payment request that is not submitted using the method identified in this Section.

13.9 Information Supporting Expenditures
(a) When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient will electronically submit the SF 270 (Request for Advance or Reimbursement) and will submit supporting cost detail to document clearly all costs incurred. As supporting cost detail, the Recipient will include a detailed breakout of all costs incurred and classify all costs by task and by Agreement Federal Funds and Agreement Non-Federal Funds.
(b) Unless FRA and the Recipient agree otherwise in writing, the Recipient will ensure that the proportion of expenditure of Agreement Federal Funds to Agreement Non-Federal Funds is not more than the maximum percent of total Project cost FRA will contribute identified in Section 6.5 of Attachment 2 of this Agreement. The Recipient will ensure the proportional expenditure of funds is reflected in the detailed breakout of costs supporting the SF 270.
(c) If the Recipient submits a request for reimbursement that FRA determines does not include or is not supported by sufficient detail, FRA may deny the request or withhold processing the request until the Recipient provides sufficient detail.

13.10 Reimbursement Request Timing Frequency
The Recipient will request reimbursement as needed to maintain cash flow sufficient to timely complete the Project. The Recipient will not submit any single payment request exceeding $99,999,999.99. The Recipient will not submit a payment request exceeding $50,000,000.00 unless the Recipient notifies FRA six days before submitting the request. 618

25 13.11 Program Income
The Recipient is encouraged to earn income to defray Project costs, where appropriate, and will work with FRA to determine how income may be applied to the grant, in accordance with 2 C.F.R. § 200.307 and 2 C.F.R. § 1201.80. Program income not deducted from total allowable costs may be used only for the purposes and under the terms and conditions established in this Agreement. The Recipient will maintain records of all program income.

ARTICLE 14: PROPERTY AND EQUIPMENT

14.1 General Requirements
The Recipient will comply with the property standards of 2 C.F.R. §§ 200.310–200.316 and will ensure compliance with these standards for all tiers of subawards and contracts under this award.

14.2 Relocation and Real Property Acquisition
The Recipient will comply with the land acquisition policies and relocation requirements in 42 U.S.C. § 4601 et seq. and 49 C.F.R. part 24, subparts A–F, as applicable. At a minimum, under this section, the Recipient will:
(a) comply with the land acquisition policies in 49 C.F.R. part 24, subpart B and will pay or reimburse property owners for necessary expenses as specified in that subpart; (b) provide a relocation assistance program offering the services described in 49 C.F.R. part 24, subpart C and provide reasonable relocation payments and assistance to displaced persons as required in 49 C.F.R. part 24, subparts D–E; and (c) make available to displaced persons comparable replacement dwellings in accordance with 49 C.F.R. part 24, subpart E.
(d) provide to FRA a real estate acquisition and management plan prior to beginning real property acquisition if the Project is designated a Major Project in Article 1 of Attachment 2 of this Agreement, or if the total Project cost in Section 6.5 of Attachment 2 of this Agreement is greater than $300 million and the Project is also receiving financial assistance from the Federal Transit Administration (FTA).

14.3 Use for Originally Authorized Purpose
The Recipient will ensure that property and equipment funded under this Agreement is used for the originally authorized purpose. If necessary to satisfy this obligation, the Recipient will enter into appropriate arrangements with the entity or entities using, or with the owner of right-ofway used by, the property and/or equipment funded under this Agreement.

14.4 Maintenance
The Recipient will ensure that any property, improvements to property, and any equipment funded under this Agreement are maintained in good working order and in accordance with FRA regulations, guidelines, and directives.
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26 14.5 Real Property Disposition
In accordance with 2 C.F.R. § 200.311, when real property acquired or improved under this award is no longer used for its originally intended purpose, the Recipient will request disposition instructions from FRA.

14.6 Equipment Disposition
(a) In accordance with 2 C.F.R. §§ 200.313 and 1201.313, when equipment acquired under this award 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 will dispose of that equipment in accordance with State laws and procedures; and
(2) if the entity that acquired the equipment is neither a State nor a Subrecipient of a State, that entity will request disposition instructions from FRA. (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.

14.7 Recordkeeping
The Recipient will keep records regarding the operation and maintenance of property, improvements to property, equipment, and supplies funded under this Agreement and will provide them to FRA upon request.

14.8 Encumbrance
The Recipient will not create an obligation, such as a transfer of title, lease, lien, mortgage, or encumbrance, that would dispose of or encumber the Recipient’s title or other interest in property, improvements to property, equipment or supplies funded under this Agreement without prior written approval from FRA.

The Recipient will not take any action that would adversely affect FRA’s interest or impair the Recipient’s continuing control over the use of the property, improvements to property, equipment, or supplies funded under the Agreement without prior written approval from FRA.

ARTICLE 15: AMENDMENTS

15.1 Bilateral Amendments
The parties may amend, modify, or supplement this Agreement by mutual agreement in writing signed by FRA and the Recipient. Either party may request to amend, modify, or supplement this Agreement by written notice to the other party.

15.2 FRA Unilateral Amendments
(a) FRA may unilaterally amend this Agreement for the following reasons:
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27 (1) to comply with Federal law;
(2) at closeout or in anticipation of closeout; and
(3) other non-substantive changes, such as to correct typographical errors, as deemed appropriate by FRA.
(b) To unilaterally amend this Agreement under Section 15.3 of this Attachment 1, FRA will provide a written notice to the Recipient that includes the amendment and the date that the amendment is effective.
(c) Except at closeout or in anticipation of closeout, FRA may not unilaterally amend the Statement of Work, this Agreement’s monetary amount, the delivery schedule, the Period of Performance, or other terms or conditions of this Agreement.

15.3 Other Amendments
The parties will not amend, modify, or supplement this Agreement except as permitted under Sections 15.1, 15.2, or 15.3 of this Attachment 1. If an amendment, modification, or supplement is not permitted under Section 15.1, 15.2, or 15.3 of this Attachment 1, it is void.

ARTICLE 16: CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE

16.1 Climate Change and Environmental Justice
Consistent with Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad” (Jan. 27, 2021), the Recipient will document its consideration of climate change and environmental justice impacts of the Project in Article 9 of Attachment 2 of this Agreement.

ARTICLE 17: RACIAL EQUITY AND BARRIERS TO OPPORTUNITY

17.1 Racial Equity and Barriers to Opportunity
Consistent with Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” (Jan. 20, 2021), the Recipient will document its activities related to the Project to improve racial equity and reduce barriers to opportunity in Article 10 of Attachment 2 of this Agreement.

ARTICLE 18: LABOR AND WORK

18.1 Labor and Work
Consistent with Executive Order 14025, “Worker Organizing and Empowerment” (Apr. 26, 2021), and Executive Order 14052, “Implementation of the Infrastructure Investment and Jobs Act” (Nov. 15, 2021) (IIJA), the Recipient will document its consideration of job quality and labor rights, standards, and protections related to the Project in Article 11 of Attachment 2 of this Agreement.
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28 18.2 OFCCP Mega Construction Project Program
If the total eligible Project costs listed in Attachment 2 of this Agreement are greater than $35,000,000 and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) selects this award for participation in the Mega Construction Project Program, then the Recipient shall partner with OFCCP, as requested by OFCCP.

ARTICLE 19: CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE

19.1 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 Recipient will consider physical and cyber security and resilience in planning, design, and oversight of the Project.
(b) If the Security Risk Designation in Section 1.3 of Attachment 2 of this Agreement is “Elevated,” then not later that than two years after the date of this Agreement the Recipient will submit to FRA a report that:
(1) identifies a cybersecurity point of contact for the transportation infrastructure being improved in the Project;
(2) summarizes or contains a cybersecurity incident reporting plan for the transportation infrastructure being improved in the Project; (3) summarizes or contains a cybersecurity incident response plan for the transportation infrastructure being improved in the Project; (4) documents the results of a self-assessment of the Recipient’s cybersecurity posture and capabilities; and
(5) describes any additional actions that the Recipient has taken to consider or address cybersecurity risk of the transportation infrastructure being improved in the Project.

ARTICLE 20: FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE,

AND NATIONAL POLICY REQUIREMENTS

20.1 Uniform Administrative Requirements for Federal Awards The Recipient will comply, and will ensure that other entities receiving funding under this agreement will comply, with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201, regardless of whether the Recipient or other entity receiving funding under this agreement is a Non-Federal entity as defined in 2 C.F.R. § 200.1, except that subpart F of part 200 does not apply if the Recipient or Subrecipient is a for-profit entity. 622

29 20.2 Federal Law and Public Policy Requirements
(a) The Recipient will 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 this Agreement to expressly identify Federal law applicable to the Recipient or activities under this Agreement does not make that law inapplicable.

20.3 Federal Freedom of Information Act
(a) FRA is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. (b) The Recipient acknowledges that the Application and materials submitted to FRA by the Recipient related to this Agreement will become FRA records that may be subject to public release under 5 U.S.C. § 552. If the Recipient submits any materials to FRA related to this Agreement that the Recipient considers to include trade secret or confidential commercial or financial information, the Recipient should note that the submission contains confidential business information, mark each affected page, and highlight or otherwise denote the portions of the submission that contain confidential business information.

20.4 History of Performance
Under 2 C.F.R. § 200.206, any Federal awarding agency may consider the Recipient’s performance under this Agreement, when evaluating the risks of making a future Federal financial assistance award to the Recipient.

20.5 Whistleblower Protection
(a) The Recipient acknowledges that it is a “Recipient” within the scope of 41 U.S.C. § 4712, which prohibits the Recipient from taking certain actions against an employee for certain disclosures of information that the employee reasonably believes are evidence of gross mismanagement of this award, gross waste of Federal funds, or a violation of Federal law related this this award.
(b) The Recipient will 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.

20.6 External Award Terms and Obligations
(a) In addition to this document and the contents described in Article 25 of this Attachment 1, this Agreement includes 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;
(2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation;
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30 (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 Recipient will comply with:
(1) 49 C.F.R. part 20: New Restrictions on Lobbying;
(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;
(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).

20.7 Incorporated Certifications
The Recipient makes the representations in the following certifications, which are incorporated by reference:
(a) Appendix A to 49 C.F.R. part 20 (Certification Regarding Lobbying).

ARTICLE 21: ASSIGNMENT

21.1 Assignment Prohibited
The Recipient will 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 22: WAIVER

22.1 Waivers
(a) A waiver of a term of this Agreement authorized by law and granted by FRA will not be effective unless it is in writing and signed by an authorized representative of FRA. (b) A waiver of a term of this Agreement granted by FRA on one occasion will not operate as a waiver on other occasions.
(c) If FRA 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. 624

31 ARTICLE 23: ADDITIONAL TERMS AND CONDITIONS

23.1 Disclaimer of Federal Liability
FRA will 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.

23.2 Environmental Review
(a) Except as authorized by law or under 23 C.F.R. § 771.113(d)(4), the Recipient will not begin final design activities; acquire real property, construction materials, or equipment, including rolling stock; begin construction; or take other actions that would have an adverse environmental impact or limit the choice of reasonable alternatives for the Project unless and until FRA complies with the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (NEPA), and any other applicable environmental laws and regulations. In addition, the Recipient will not begin project development that involves ground disturbing activity prior to FRA compliance with NEPA and any other applicable environmental laws and regulations.
(b) The Recipient acknowledges that:
(1) FRA’s actions under Section 23.2(a) of this Attachment 1 may depend on the Recipient conducting necessary environmental analyses and submitting necessary documents to FRA; and
(2) applicable environmental statutes and regulations may require the Recipient to prepare and submit documents to other Federal, State, and local agencies. (c) Consistent with 23 C.F.R. § 771.105(a), to the maximum extent practicable and consistent with Federal law, the Recipient will coordinate all environmental investigations, reviews, and consultations as a single process.
(f) The activities described in Article 4 of Attachment 2 of this Agreement and other information described in this Agreement may inform environmental decision-making processes, but the parties do not intend this Agreement to document the alternatives under consideration under those processes. If a build alternative is selected that does not align with Article 4 of Attachment 2 of this Agreement or other information in this Agreement, then FRA will either:
(1) amend this Agreement under Section 15.1 of this Attachment 1 for consistency with the selected build alternative; or
(2) if FRA determines that the condition at Section 10.1(a)(5) of this Attachment 1 is satisfied, terminate this Agreement under Section 10.1(a)(5) of this Attachment 1; or
(3) take other action as deemed appropriate by FRA.
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32 (g) The Recipient will 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. Article 4 of Attachment 2 of this Agreement identifies documents describing mitigation activities, but the absence of a document from that section does not relieve the Recipient of any compliance obligations.

23.3 Project Maintenance Requirement
The Recipient will ensure that any property and equipment funded within this Agreement is operated and maintained in good operating order and in accordance with 2 C.F.R. §§ 200.310– 200.316, 1201.313 and any guidelines, directives, or regulations that FRA may issue.

23.4 Appropriations Act Requirements
The Recipient will comply with applicable requirements of the appropriations act identified in Section 6.3 of Attachment 2 of this Agreement.

23.5 Standards of Conduct
The Recipient will comply with the following standards of conduct:
(a) Standards of Conduct. The Recipient will maintain a written code or standards of conduct governing the performance of its officers, employees, board members, or agents engaged in the award and administration of contracts or agreements supported by the Federal contribution provided through this Agreement. The code or standards will provide that the Recipient's officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential Subrecipients or contractors. The Recipient may set minimum rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. As permitted by state or local law or regulations, such code or standards will provide for penalties, sanctions, or other disciplinary actions for violations by the Recipient's officers, employees, board members, or agents, or by Subrecipients or their agents. (b) Personal Conflict of Interest. The Recipient's code or standards must provide that no employee, officer, board member, or agent of the Recipient may participate in the selection, award, or administration of a contract supported by the Federal contribution if a real or apparent conflict of interest would be involved. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.
(c) Organizational Conflicts of Interest. The Recipient's code or standards of conduct must include procedures for identifying and preventing real and apparent organizational conflicts of interests. An organizational conflict of interest exists when the nature of the work to be performed under a proposed contract, may, without some restrictions on future activities, result in an unfair competitive advantage to the contractor or impair the contractor's objectivity in performing the contract work. 626

33 (d) Existing Codes or Standards. This Section does not require the Recipient to implement a new code or standards of conduct where a state statute, or written code or standards of conduct, already effectively covers all of the required elements. (e) Disclosure of Conflicts. The Recipient will disclose in writing any potential conflict of interest to FRA or pass-through entity.

23.6 Changed Conditions of Performance
The Recipient will notify FRA of any event that may affect its ability to perform the Project in accordance with the terms of this Agreement.

23.7 Litigation
The Recipient will notify FRA in writing of any decision pertaining to the Recipient’s conduct of litigation that may affect FRA's interests in the Project or FRA's administration or enforcement of applicable Federal laws or regulations. The Recipient will inform FRA in writing before naming FRA as a party to any type of litigation for any reason in any forum.

23.8 Bipartisan Infrastructure Law Signage Guidelines
For projects funded by the Bipartisan Infrastructure Law, also known as the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (2021), the Recipient will ensure:
(a) signage is designed consistent with the guidelines and design specifications available at https://www.whitehouse.gov/wp-content/uploads/2023/02/Investing-in-AmericaBrand-Guide.pdf. Signs should include the official Investing in America logo and identify the project as “funded by President Biden’s Bipartisan Infrastructure Law.” (b) signage displays the FRA logo and the Recipient logo, if any, along with the official Investing in America logo. The FRA logo should not be displayed in a manner that implies FRA itself is conducting the project.
(c) where applicable, the signage includes the project name (e.g., [Name of] Project funded by President Biden’s Bipartisan Infrastructure Law.) (d) the sign is placed at construction sites where it is clearly visible near the location of work and that the sign is maintained in good condition throughout the construction period.
(e) signs on equipment are placed in an easily visible location and maintained in good condition

23.9 Equipment and Supplies
The Recipient will maintain written policies and procedures that address acquisition, classification, and management of all equipment and supplies acquired or used under this award.
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34 23.10 Safety and Technology Data
The Recipient will ensure that FRA has access to safety and technology relevant data generated by the Recipient under the award, in a machine-readable format, where specified in Article 4 of Attachment 2 of this Agreement.

23.11 Intellectual Property
The Recipient agrees to the standard patent rights clauses issued by the Department of Commerce at 37 C.F.R. Part 401, as applicable.

23.12 Liquidation of Recipient Obligations
(a) The Recipient will liquidate all obligations of award funds under this Agreement not later than 120 days after the end of the Period of Performance. (b) Liquidation of obligations and adjustment of costs under this Agreement follow the requirements of 2 C.F.R. §§ 200.344–200.346.

ARTICLE 24: CONSTRUCTION AND DEFINITIONS

24.1 Agreement
This Agreement consists of the following:
(a) Agreement Cover Sheet
(b) Attachment 1: General Terms and Conditions
(c) Attachment 2: Project-Specific Terms and Conditions (d) Exhibit A: Applicable Federal Laws and Regulations
(e) Exhibit B: Additional Standard Terms
(f) Exhibit C: Quarterly Project Progress Reports and Recertifications

24.2 Construction
(a) In these General Terms and Conditions, there are no references to articles or sections in project-specific portions of this Agreement that are not contained in Attachments or Exhibits listed in Section 24.1.
(b) If a provision in these General Terms and Conditions or the Exhibits conflicts with a provision in the Project-Specific Terms and Conditions in Attachment 2 of this Agreement, then the relevant portion in Attachment 2 prevails. If a provision in the Exhibits conflicts with a provision in these General Terms and Conditions, then the provision in these General Terms and Conditions prevails.
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35 24.3 Integration
This Agreement constitutes the entire agreement of the parties relating to the Project and supersedes any previous agreements, oral or written, relating to the Project.

24.4 Definitions
This Section defines terms used in this Agreement. Additional definitions found in 2 C.F.R. § 200.1 are incorporated by referenced into this Agreement. “Agreement Federal Funds” means the total amount of Federal funds obligated under this Agreement. This is the amount shown in Section 6.1 of Attachment 2 of this Agreement. “Application” means the application identified in Article 3 of Attachment 2 of this Agreement, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov.
“Construction Substantial Completion” means the stage of the Project when all construction tasks are complete such that the Recipient can use the Project for its intended use and only closeout activities remain. Activity to address or complete closeout activities will not prevent or disrupt use of the Project.
“Contingent Commitment” means the unobligated amounts of future available budget authority specified in law that FRA commits to obligate under the terms of this Agreement. “Federal Share” means the sum of Agreement Federal Funds and Other Federal Funds. If there are no Other Federal Funds, the Federal Share is the same as the Agreement Federal Funds. “General Terms and Conditions” means this Attachment 1. “Other Federal Funds” means Federal funds that are part of the Approved Project Budget in Section 6.5 of Attachment 2 of this Agreement for the Project but are not obligated under this Agreement.
“Project” means the project proposed in the Application, as modified by the negotiated provisions of this Agreement, including Attachment 2 of this Agreement. “Project Closeout” means the date that FRA 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.
“Project Cost Savings” means the difference between the actual costs to complete the Project and the estimated total Project cost listed in Section 6.5 of Attachment 2 of this Agreement, if after the Recipient completes the tasks identified in Article 4 of Attachment 2 of this Agreement to FRA’s satisfaction, the actual Project costs are less than the estimated total Project costs. “Rural Area” means any area that is not within an area designated as an urbanized area by the Bureau of the Census.
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36 24.5 Calendar Dates
Unless otherwise specified, all dates and durations are in calendar days, calendar quarters, or calendar years, as appropriate.

24.6 Communication in Writing
Unless otherwise specified, all written communication may be provided by electronic mail.

ARTICLE 25: AGREEMENT EXECUTION AND EFFECTIVE DATE

25.1 Counterparts
This agreement may be executed in counterparts, which constitute one document. The parties intend each countersigned original to have identical legal effect.

25.2 Effective Date
The agreement will become effective when all parties have signed it. The date of this Agreement will be the date this Agreement is signed by the last party to sign it.

ARTICLE 26: PROGRAM-SPECIFIC CLAUSES

26.1 Interstate Rail Compacts Grant Program
The Recipient agrees to comply with the clauses in Section 26.1 of this Attachment 1.

Consistent with 49 U.S.C. § 22905(e), clauses (b) through (g) of Section 26.1 of this Attachment 1 do not apply to: 1) commuter rail passenger transportation (as defined in 49 U.S.C. § 24102(3)) operations of a State or local government authority (as those terms are defined in 49 U.S.C. § 5302) or its contractor performing services in connection with commuter rail passenger operations; 2) the Alaska Railroad or its contractors; or 3) Amtrak’s access rights to railroad right of way and facilities under current law.
(a) Non-Federal Match. The Recipient will provide a Non-Federal match of not less than 50 percent of the eligible expenses under the grant.
(b) Buy America. In lieu of Section 12.1 of this Attachment 1, the Recipient will comply with the following clauses, as applicable:
(1) for infrastructure projects, steel, iron, and manufactured products used in the Project are subject to 49 U.S.C. § 22905(a), as implemented by FRA. The Recipient acknowledges that this agreement is neither a waiver of 49 U.S.C. § 22905(a)(1) nor a finding under 49 U.S.C. § 22905(a)(2). For infrastructure projects, 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) and 2 C.F.R. part 184, as implemented by OMB, USDOT and FRA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). 630

37 (2) for non-infrastructure projects, steel, iron, and manufactured products used in the Project are subject to 49 U.S.C. § 22905(a), as implemented by FRA. The Recipient acknowledges that this agreement is neither a waiver of 49 U.S.C. § 22905(a)(1) nor a finding under 49 U.S.C. § 22905(a)(2). (3) under Section 26.1 of this Attachment 1, “infrastructure project” has the definition provided in 2 C.F.R. § 184.3.
(4) for all projects, as appropriate and to the extent consistent with law, the Recipient should under 2 C.F.R. § 200.322, 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 Recipient 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. (c) Operators Deemed Rail Carriers. The Recipient recognizes and agrees that 49 U.S.C. § 22905(b) provides that persons conducting rail operations over rail infrastructure constructed or improved in whole or in part with funds provided under chapter 229 of Title 49, United States Code, will be considered a “rail carrier” as defined by 49 U.S.C. § 10102(5), for purposes of Title 49, United States Code, and any other statute that adopts that definition or in which that definition applies, including: the Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.); the Railway Labor Act (45 U.S.C. § 151 et seq.); and the Railroad Unemployment Insurance Act (45 U.S.C. § 351 et seq.). The Recipient agrees to reflect this provision in its agreements (if any) with any entity operating rail services over such rail infrastructure.
(d) Railroad Agreements. In accordance with 49 U.S.C. § 22905(c)(1), if the Project funded by this Agreement uses rights-of-way owned by a railroad, then Recipient represents that it has entered into a written agreement with that railroad owner, which includes:
compensation for such use; assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations; an assurance by the railroad that collective bargaining agreements with railroad’s employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor; and an assurance that Recipient complies with liability requirements consistent with 49 U.S.C. § 28103.

By signing this Agreement, Recipient certifies that the written agreement referenced in this Section 26.1(d) has been executed or is not required.

Additional guidance on compliance with the Railroad Agreements provisions is available on FRA’s website at: https://railroads.dot.gov/elibrary/frequently-asked-questions-aboutrail-improvement-grant-conditions-under-49-usc-ss-22905c1. (e) Labor Protective Arrangements. In accordance with 49 U.S.C. § 22905(c)(2)(B), if the Project funded by this Agreement uses rights-of-way owned by a railroad, then the Recipient will ensure compliance with the protective arrangements that are equivalent to 631

38 those established under Section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976, 49 U.S.C. § 22404. Such protective arrangements are included herein as Exhibit B.5.
(f) Davis-Bacon and Related Acts Provisions. In accordance with 49 U.S.C. § 22905(c)(2)(A), if the Project funded by this Agreement uses rights-of-way owned by a railroad, the Recipient will ensure compliance with the standards of 49 U.S.C. § 24312 with respect to the Project in the same manner that Amtrak is required to comply with those standards for construction work financed under an agreement made under 49 U.S.C.§ 24308(a). For these purposes, wages in collective bargaining agreements negotiated under the Railway Labor Act are deemed to comply with Davis-Bacon Act requirements.
(g) Replacement of Existing Intercity Passenger Rail Service. If an intercity passenger rail transportation provider replaces Amtrak intercity passenger rail service through a Project funded by this Agreement, then such provider must comply with the provisions of 49 U.S.C. § 22905(d).
(h) Operator Limitation. Recipient’s eligible expenses must be related to intercity passenger rail service to be operated by Amtrak.
(i) Reporting. As requested by FRA, the Recipient will report on:
(1) the status of the planning efforts and coordination funded by the grant award; (2) plans for continued implementation of the interstate rail compact; (3) the status of, and data regarding, any new, restored, or enhanced rail services initiated under the interstate rail compact; and
(4) other data and information as requested by FRA.

26.2 Railroad Crossing Elimination Program Clauses
The Recipient agrees to comply with the clauses in Section 26.2 of this Attachment 1.

Consistent with 49 U.S.C. §§ 22905(e) & 22909(j), clauses (b), (c), (d), and (g) of Section 26.2 of this Agreement 1 do not apply to: 1) commuter rail passenger transportation (as defined in 49 U.S.C. § 24102(3)) operations of a State or local government authority (as those terms are defined in 49 U.S.C. § 5302) or its contractor performing services in connection with commuter rail passenger operations; 2) the Alaska Railroad or its contractors; or 3) Amtrak’s access rights to railroad right of way and facilities under current law. In addition, clause (f) does not apply to:
1) the Alaska Railroad or its contractors; or 2) Amtrak’s access rights to railroad right of way and facilities under current law.
(a) Federal Share. The Federal Share of total Project costs shall not exceed 80 percent. (b) Buy America. In lieu of Section 12.1 of this Agreement 1:
632

39 (1) for infrastructure projects, steel, iron, and manufactured products used in the Project are subject to 49 U.S.C. § 22905(a), as implemented by FRA. The Recipient acknowledges that this Agreement is neither a waiver of 49 U.S.C. § 22905(a)(1) nor a finding under 49 U.S.C. § 22905(a)(2). For infrastructure projects, 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) and 2 C.F.R. part 184, as implemented by OMB, USDOT and FRA. The Recipient acknowledges that this Agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). (2) for non-infrastructure projects, steel, iron, and manufactured products used in the Project are subject to 49 U.S.C. § 22905(a), as implemented by FRA. The Recipient acknowledges that this Agreement is neither a waiver of 49 U.S.C. § 22905(a)(1) nor a finding under 49 U.S.C. § 22905(a)(2). (3) under this Section, “infrastructure project” has the definition provided in 2 C.F.R. § 184.3.
(4) for all projects, as appropriate and to the extent consistent with law, the Recipient should under 2 C.F.R. § 200.322, 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 Recipient 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. (c) Operators Deemed Rail Carriers. The Recipient recognizes and agrees that 49 U.S.C. § 22905(b) provides that persons conducting rail operations over rail infrastructure constructed or improved in whole or in part with funds provided under chapter 229 of Title 49, United States Code, will be considered a “rail carrier” as defined by 49 U.S.C. § 10102(5), for purposes of Title 49, United States Code, and any other statute that adopts that definition or in which that definition applies, including: the Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.); the Railway Labor Act (45 U.S.C. § 151 et seq.); and the Railroad Unemployment Insurance Act (45 U.S.C. § 351 et seq.). The Recipient agrees to reflect this provision in its agreements (if any) with any entity operating rail services over such rail infrastructure.
(d) Railroad Agreements. In accordance with 49 U.S.C. § 22905(c)(1), if the Project funded by this Agreement uses rights-of-way owned by a railroad, then Recipient represents that it has entered into a written agreement with that railroad owner, which includes:
compensation for such use; assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations; an assurance by the railroad that collective bargaining agreements with railroad’s employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor; and an assurance that Recipient complies with liability requirements consistent with 49 U.S.C. § 28103.
633

40 By signing this Agreement, Recipient certifies that the written agreement referenced in this Section 26.2(d) has been executed or is not required.

Additional guidance on compliance with the Railroad Agreements provisions is available on FRA’s website at: https://railroads.dot.gov/elibrary/frequently-asked-questions-aboutrail-improvement-grant-conditions-under-49-usc-ss-22905c1. (e) Impacted Rail Carrier or Real Property Owner Approvals. In accordance with 49 U.S.C. § 22909(e)(2)(A), prior to proceeding with the construction of the Project funded by this Agreement, if applicable, Recipient will obtain necessary approvals to commence construction from any impacted rail carriers or real property owners. If the Project is a planning project, as described in 49 U.S.C. § 22909(d)(6), the Recipient agrees to work collaboratively with rail carriers and right-of-way owners. (f) Labor Protective Arrangements
(1) Notwithstanding 49 U.S.C. § 22905(e)(1), and in accordance with 49 U.S.C. § 22909(j)(3), any employee covered by the Railway Labor Act (45 U.S.C. § 151 et seq.) and the Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.) who is adversely affected by actions taken in connection with the project financed in whole or in part by such grant shall be covered by employee protective arrangements required to be established under 49 U.S.C. § 22905(c)(2)(B). In accordance with 49 U.S.C. § 22905(c)(2)(B), the Recipient will ensure compliance with the protective arrangements that are equivalent to those established under Section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976, 49 U.S.C. § 22404, as such protective arrangements are described in the final FRA guidance titled Equivalent Protections for Railroad Employees and effective December 28, 2022, included herein in Exhibit B.
(2) In accordance with 49 U.S.C. § 22909(j)(3), Recipient, and any successors, assigns, and contractors of Recipient:
i. shall be bound by the employee protective arrangements required under subparagraph (1); and
ii. shall be responsible for the implementation of such arrangements and for the obligations under such arrangements, but may arrange for another entity to take initial responsibility for compliance with the conditions of such arrangement.
(3) Labor protections required pursuant to Subsection (f) of Section 26.2 of this Attachment 1 shall be documented consistent with Article 18 of this Attachment

1. (g) Davis-Bacon and Related Acts Provisions. In accordance with 49 U.S.C. § 22905(c)(2)(A), if the Project funded by this Agreement uses rights-of-way owned by a railroad, the Recipient will ensure compliance with the standards of 49 U.S.C. § 24312 with respect to the Project in the same manner that Amtrak is required to comply with 634

41 those standards for construction work financed under an agreement made under 49 U.S.C.§ 24308(a). For these purposes, wages in collective bargaining agreements negotiated under the Railway Labor Act are deemed to comply with Davis-Bacon Act requirements.
(h) Replacement of Existing Intercity Passenger Rail Service. If an intercity passenger rail transportation provider replaces Amtrak intercity passenger rail service through a Project funded by this Agreement, then such provider must comply with the provisions of 49 U.S.C. § 22905(d).

26.3 Consolidated Rail Infrastructure and Safety Improvements Grants Clauses The Recipient agrees to comply with the clauses in Section 26.3 of this Attachment 1.

Consistent with 49 U.S.C. § 22905(e), clauses (b) and (c) through (g) of Section 26.3 of this Attachment 1 do not apply to: 1) commuter rail passenger transportation (as defined in 49 U.S.C. § 24102(3)) operations of a State or local government authority (as those terms are defined in 49 U.S.C. § 5302) or its contractor performing services in connection with commuter rail passenger operations; 2) the Alaska Railroad or its contractors; or 3) Amtrak’s access rights to railroad right of way and facilities under current law. (a) Federal Share. The Federal Share of total Project costs shall not exceed 80 percent. (b) Buy America. In lieu of Section 12.1 of this Attachment 1:
(1) for infrastructure projects, steel, iron, and manufactured products used in the Project are subject to 49 U.S.C. §22905(a), as implemented by FRA. The Recipient acknowledges that this Agreement is neither a waiver of 49 U.S.C. § 22905(a)(1) nor a finding under 49 U.S.C. § 22905(a)(2). For infrastructure projects, 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) and 2 C.F.R. part 184, as implemented by OMB, USDOT and FRA. The Recipient acknowledges that this Agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). (2) for non-infrastructure projects, steel, iron, and manufactured products used in the Project are subject to 49 U.S.C. § 22905(a), as implemented by FRA. The Recipient acknowledges that this Agreement is neither a waiver of 49 U.S.C. § 22905(a)(1) nor a finding under 49 U.S.C. § 22905(a)(2). (3) under this Section, “infrastructure project” has the definition provided in 2 C.F.R. § 184.3.
(4) for all projects, as appropriate and to the extent consistent with law, the Recipient should under 2 C.F.R. § 200.322, 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 Recipient shall 635

42 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. (c) Operators Deemed Rail Carriers. The Recipient recognizes and agrees that 49 U.S.C. § 22905(b) provides that persons conducting rail operations over rail infrastructure constructed or improved in whole or in part with funds provided under chapter 229 of Title 49, United States Code, will be considered a “rail carrier” as defined by 49 U.S.C. § 10102(5), for purposes of Title 49, United States Code, and any other statute that adopts that definition or in which that definition applies, including: the Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.); the Railway Labor Act (45 U.S.C. § 151 et seq.); and the Railroad Unemployment Insurance Act (45 U.S.C. § 351 et seq.). The Recipient agrees to reflect this provision in its agreements (if any) with any entity operating rail services over such rail infrastructure.
(d) Railroad Agreements. In accordance with 49 U.S.C. § 22905(c)(1), if the Project funded by this Agreement uses rights-of-way owned by a railroad, then Recipient represents that it has entered into a written agreement with that railroad owner, which includes:
compensation for such use; assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations; an assurance by the railroad that collective bargaining agreements with railroad’s employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor; and an assurance that Recipient complies with liability requirements consistent with 49 U.S.C. § 28103.

By signing this Agreement, Recipient certifies that the written agreement referenced in this Section 26.3(d) has been executed or is not required.

Additional guidance on compliance with the Railroad Agreements provisions is available on FRA’s website at: https://railroads.dot.gov/elibrary/frequently-asked-questions-aboutrail-improvement-grant-conditions-under-49-usc-ss-22905c1. (e) Labor Protective Arrangements. In accordance with 49 U.S.C. § 22905(c)(2)(B), if the Project funded by this Agreement uses rights-of-way owned by a railroad, then the Recipient will ensure compliance with the protective arrangements that are equivalent to those established under Section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976, 49 U.S.C. § 22404. Such protective arrangements are included herein as Exhibit B.5.
(f) Davis-Bacon and Related Acts Provisions. In accordance with 49 U.S.C. § 22905(c)(2)(A), if the Project funded by this Agreement uses rights-of-way owned by a railroad, the Recipient will ensure compliance with the standards of 49 U.S.C. § 24312 with respect to the Project in the same manner that Amtrak is required to comply with those standards for construction work financed under an agreement made under 49 U.S.C.§ 24308(a). For these purposes, wages in collective bargaining agreements 636

43 negotiated under the Railway Labor Act are deemed to comply with Davis-Bacon Act requirements.
(g) Replacement of Existing Intercity Passenger Rail Service. If an intercity passenger rail transportation provider replaces Amtrak intercity passenger rail service through a Project funded by this Agreement, then such provider must comply with the provisions of 49 U.S.C. § 22905(d).

26.4 Restoration and Enhancement Grants Clauses
The Recipient agrees to comply with the clauses in Section 26.4 of this Attachment 1.

Consistent with 49 U.S.C. § 22905(e), clauses (b) and (c) through (g) of Section 26.4 do not apply to: 1) commuter rail passenger transportation (as defined in 49 U.S.C. § 24102(3)) operations of a State or local government authority (as those terms are defined in 49 U.S.C. § 5302) or its contractor performing services in connection with commuter rail passenger operations; 2) the Alaska Railroad or its contractors; or 3) Amtrak’s access rights to railroad right-of -way and facilities under current law.
(a) Maximum Funding Limitation. A grant authorized by 49 U.S.C. § 22908 may not exceed:
(1) 90 percent of the projected net operating costs for the first year of service; (2) 80 percent of the projected net operating costs for the second year of service; (3) 70 percent of the projected net operating costs for the third year of service; (4) 60 percent of the projected net operating costs for the fourth year of service; (5) 50 percent of the projected net operating costs for the fifth year of service; and
(6) 30 percent of the projected net operating costs for the sixth year of service. (b) Buy America. In lieu of Section 12.1 of this Agreement 1:
(1) for infrastructure projects, steel, iron, and manufactured products used in the Project are subject to 49 U.S.C. § 22905(a), as implemented by FRA. The Recipient acknowledges that this Agreement is neither a waiver of 49 U.S.C. § 22905(a)(1) nor a finding under 49 U.S.C. § 22905(a)(2). For infrastructure projects, 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) and 2 C.F.R. part 184, as implemented by OMB, USDOT, and FRA. The Recipient acknowledges that this Agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). (2) for non-infrastructure projects, steel, iron, and manufactured products used in the Project are subject to 49 U.S.C. § 22905(a), as implemented by FRA. The 637

44 Recipient acknowledges that this Agreement is neither a waiver of 49 U.S.C. § 22905(a)(1) nor a finding under 49 U.S.C. § 22905(a)(2). (3) under Section 26.4 of this Attachment 1, “infrastructure project” has the definition provided in 2 C.F.R. § 184.3.
(4) for all projects, as appropriate and to the extent consistent with law, the Recipient should under 2 C.F.R. § 200.322, 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 Recipient 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. (c) Operators Deemed Rail Carriers. The Recipient recognizes and agrees that 49 U.S.C. § 22905(b) provides that persons conducting rail operations over rail infrastructure constructed or improved in whole or in part with funds provided under chapter 229 of Title 49, United States Code, will be considered a “rail carrier” as defined by 49 U.S.C. § 10102(5), for purposes of Title 49, United States Code, and any other statute that adopts that definition or in which that definition applies, including: the Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.); the Railway Labor Act (45 U.S.C. § 151 et seq.); and the Railroad Unemployment Insurance Act (45 U.S.C. § 351 et seq.). The Recipient agrees to reflect this provision in its agreements (if any) with any entity operating rail services over such rail infrastructure.
(d) Railroad Agreements. In accordance with 49 U.S.C. § 22905(c)(1), if the Project funded by this Agreement uses rights-of-way owned by a railroad, then Recipient represents that it has entered into a written agreement with that railroad owner, which includes:
compensation for such use; assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations; an assurance by the railroad that collective bargaining agreements with railroad’s employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor; and an assurance that Recipient complies with liability requirements consistent with 49 U.S.C. § 28103.

By signing this Agreement, Recipient certifies that the written agreement referenced in this Section 26.4(d) has been executed or is not required.

Additional guidance on compliance with the Railroad Agreements provisions is available on FRA’s website at: https://railroads.dot.gov/elibrary/frequently-asked-questions-aboutrail-improvement-grant-conditions-under-49-usc-ss-22905c1. (e) Labor Protective Arrangements. In accordance with 49 U.S.C. § 22905(c)(2)(B), if the Project funded by this Agreement uses rights-of-way owned by a railroad, then the Recipient will ensure compliance with the protective arrangements that are equivalent to those established under Section 504 of the Railroad Revitalization and Regulatory Reform 638

45 Act of 1976, 49 U.S.C. § 22404. Such protective arrangements are included herein as Exhibit B.5.
(f) Davis-Bacon and Related Acts Provisions. In accordance with 49 U.S.C. § 22905(c)(2)(A), if the Project funded by this Agreement uses rights-of-way owned by a railroad, the Recipient will ensure compliance with the standards of 49 U.S.C. § 24312 with respect to the Project in the same manner that Amtrak is required to comply with those standards for construction work financed under an agreement made under 49 U.S.C.§ 24308(a). For these purposes, wages in collective bargaining agreements negotiated under the Railway Labor Act are deemed to comply with Davis-Bacon Act requirements.
(g) Replacement of Existing Intercity Passenger Rail Service. If an intercity passenger rail transportation provider replaces Amtrak intercity passenger rail service through a Project funded by this Agreement, then such provider must comply with the provisions of 49 U.S.C. § 22905(d).
(h) Route Reporting. The Recipient will provide similar information regarding the route performance, financial, and ridership projections, and capital and business plans that Amtrak is required to provide, and such other data and information as is required by Article 4 of Attachment 2 of this Agreement.
(i) Termination. In addition to the terms of this Attachment 1, FRA may terminate this Agreement upon the cessation of service, or the violation of any other term of this Agreement.

26.5 Federal-State Partnership for Intercity Passenger Rail and Federal-State Partnership for State of Good Repair Clauses
The Recipient agrees to comply with the clauses in Section 26.5 of this Attachment 1.

Consistent with 49 U.S.C. § 22905(e), clauses (b) through (g) of Section 26.5 of this Attachment 1 do not apply to: 1) commuter rail passenger transportation (as defined in 49 U.S.C. § 24102(3)) operations of a State or local government authority (as those terms are defined in 49 U.S.C. § 5302) or its contractor performing services in connection with commuter rail passenger operations; 2) the Alaska Railroad or its contractors; or 3) Amtrak’s access rights to railroad right of way and facilities under current law.
(a) Federal Share. The Federal Share of total Project costs shall not exceed 80 percent. (b) Buy America. In lieu of Section 12.1 of this Attachment 1:
(1) for infrastructure projects, steel, iron, and manufactured products used in the Project are subject to 49 U.S.C. § 22905(a), as implemented by FRA. The Recipient acknowledges that this Agreement is neither a waiver of 49 U.S.C. § 22905(a)(1) nor a finding under 49 U.S.C. § 22905(a)(2). For infrastructure projects, 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, 639

46 div. G, tit. IX, subtit. A, 135 Stat. 429, 1298 (2021) and 2 C.F.R. part 184, as implemented by OMB, USDOT and FRA. The Recipient acknowledges that this Agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). (2) for non-infrastructure projects, steel, iron, and manufactured products used in the Project are subject to 49 U.S.C. § 22905(a), as implemented by FRA. The Recipient acknowledges that this Agreement is neither a waiver of 49 U.S.C. § 22905(a)(1) nor a finding under 49 U.S.C. § 22905(a)(2). (3) under this Section, “infrastructure project” has the definition provided in 2 C.F.R. § 184.3.
(4) for all projects, as appropriate and to the extent consistent with law, the Recipient should under 2 C.F.R. § 200.322, 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 Recipient 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. (c) Operators Deemed Rail Carriers. The Recipient recognizes and agrees that 49 U.S.C. § 22905(b) provides that persons conducting rail operations over rail infrastructure constructed or improved in whole or in part with funds provided under chapter 229 of Title 49, United States Code, will be considered a “rail carrier” as defined by 49 U.S.C. § 10102(5), for purposes of Title 49, United States Code, and any other statute that adopts that definition or in which that definition applies, including: the Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.); the Railway Labor Act (45 U.S.C. § 151 et seq.); and the Railroad Unemployment Insurance Act (45 U.S.C. § 351 et seq.). The Recipient agrees to reflect this provision in its agreements (if any) with any entity operating rail services over such rail infrastructure.
(d) Railroad Agreements. In accordance with 49 U.S.C. § 22905(c)(1), if the Project funded by this Agreement uses rights-of-way owned by a railroad, then Recipient represents that it has entered into a written agreement with that railroad owner, which includes:
compensation for such use; assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations; an assurance by the railroad that collective bargaining agreements with railroad’s employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor; and an assurance that Recipient complies with liability requirements consistent with 49 U.S.C. § 28103.

By signing this Agreement, Recipient certifies that the written agreement referenced in this Section 26.5(d) has been executed or is not required.

Additional guidance on compliance with the Railroad Agreements provisions is available on FRA’s website at: https://railroads.dot.gov/elibrary/frequently-asked-questions-aboutrail-improvement-grant-conditions-under-49-usc-ss-22905c1. 640

47 (e) Labor Protective Arrangements. In accordance with 49 U.S.C. § 22905(c)(2)(B), if the Project funded by this Agreement uses rights-of-way owned by a railroad, then the Recipient will ensure compliance with the protective arrangements that are equivalent to those established under Section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976, 49 U.S.C. § 22404. Such protective arrangements are included herein as Exhibit B.5.
(f) Davis-Bacon and Related Acts Provisions. In accordance with 49 U.S.C. § 22905(c)(2)(A), if the Project funded by this Agreement uses rights-of-way owned by a railroad, the Recipient will ensure compliance with the standards of 49 U.S.C. § 24312 with respect to the Project in the same manner that Amtrak is required to comply with those standards for construction work financed under an agreement made under 49 U.S.C.§ 24308(a). For these purposes, wages in collective bargaining agreements negotiated under the Railway Labor Act are deemed to comply with Davis-Bacon Act requirements.
(g) Replacement of Existing Intercity Passenger Rail Service. If an intercity passenger rail transportation provider replaces Amtrak intercity passenger rail service through a Project funded by this Agreement, then such provider must comply with the provisions of 49 U.S.C. § 22905(d).
(h) Northeast Corridor Cost Allocation. For projects located on the Northeast Corridor, as that term is defined in 49 U.S.C. § 24911(a)(4), Amtrak and the public authorities providing commuter rail passenger transportation at the Project location on the Northeast Corridor must remain in compliance with 49 U.S.C. § 24905(c)(2). (i) Interest and Financing Costs. Pursuant to 49 U.S.C. § 24911(g)(2), interest and other financing costs of efficiently carrying out a part of the Project within a reasonable time are a cost of carrying out the Project under a Phased Funding Agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the Project at the time of borrowing. The Recipient will certify to FRA’s satisfaction that the Recipient has shown reasonable diligence in seeking the most favorable financing terms.
###
641
Version Date: December 11, 2023
Attachment 2

PROJECT-SPECIFIC

TERMS AND CONDITIONS

642

2 Project-Specific Terms and Conditions
Table of Contents
ARTICLE 1: PROJECT-SPECIFIC DESIGNATIONS .............................................................................................. 4

1.1 Recipient ....................................................................................................................................... 4

1.2 Project and Purpose ...................................................................................................................... 4

1.3 Program Designations ................................................................................................................... 4 ARTICLE 2: SPECIAL TERMS AND CONDITIONS ............................................................................................. 4 ARTICLE 3: ADMINISTRATIVE INFORMATION ............................................................................................... 4

3.1 Application .................................................................................................................................... 4

3.2 FRA Awarding Official.................................................................................................................... 5

3.3 Federal Award Date ...................................................................................................................... 5

3.4 Program Name and Assistance Listings Number .......................................................................... 5

3.5 Recipient’s Unique Entity Identifier .............................................................................................. 5

3.6 Federal Award Identification Number .......................................................................................... 5 ARTICLE 4: STATEMENT OF WORK ................................................................................................................ 5

4.1 General Project Description .......................................................................................................... 5

4.2 Project Location ............................................................................................................................ 5

4.3 Project Scope ................................................................................................................................ 5

4.4 Implement Required Environmental Commitments................................................................... 11 ARTICLE 5: AWARD DATES AND ESTIMATED PROJECT SCHEDULE ............................................................. 11

5.1 Award Dates ................................................................................................................................ 11

5.2 Estimated Project Schedule ........................................................................................................ 12 ARTICLE 6: AWARD AND PROJECT FINANCIAL INFORMATION ................................................................... 12

6.1 Award Amount ............................................................................................................................ 12

6.2 Federal Obligation Information .................................................................................................. 12

6.3 Federal Authorization and Funding Source. ............................................................................... 12

6.4 Funding Availability ..................................................................................................................... 12

6.5 Approved Project Budget ............................................................................................................ 12

6.6 Pre-Award Costs .......................................................................................................................... 13

6.7 Phased Funding Agreement ........................................................................................................ 14 ARTICLE 7: PERFORMANCE MEASUREMENT INFORMATION ..................................................................... 14 643

3 ARTICLE 8: ENVIRONMENTAL COMPLIANCE ............................................................................................... 15 ARTICLE 9: CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS .................................................. 15

9.1 Consideration of Climate Change and Environmental Justice Impacts ...................................... 15

9.2 Supporting Narrative ................................................................................................................... 17 ARTICLE 10: RACIAL EQUITY AND BARRIERS TO OPPORTUNITY ................................................................. 18

10.1 Efforts to Improve Racial Equity and Reduce Barriers to Opportunity ....................................... 18

10.2 Supporting Narrative ................................................................................................................... 19 ARTICLE 11: LABOR AND WORK .................................................................................................................. 21

11.1 Efforts to Support Good-Paying Jobs and Strong Labor Standards ............................................ 21

11.2 Supporting Narrative ................................................................................................................... 22

644

4 ARTICLE 1: PROJECT-SPECIFIC DESIGNATIONS

1.1 Recipient
This Agreement (Agreement) is between the Federal Railroad Administration (FRA) and the City of Banning (the Recipient).

1.2 Project and Purpose
The purpose of this award is to fund a Fiscal Year (FY) 2022 Railroad Crossing Elimination Program grant for the Hargrave Grade Separation Planning Project (the Project), as described in Article 4 of this Attachment 2, to help achieve the goals identified in the Notice of Funding Opportunity for the Notice of Funding Opportunity for Railroad Crossing Elimination Program, 87 Fed. Reg. 40335, July 6, 2022, that solicited applications for Federal financial assistance. FRA and the Recipient will accomplish that purpose by timely completing the Project and ensuring that this award does not substitute for non-Federal investment in the Project, except as proposed in the Application.

1.3 Program Designations
(a) Research and Development. This award is not for research and development. (b) Project Size. This award is for a non-Major Project as that term is defined in FRA Guidance on Development and Implementation of Railroad Capital Projects, January 11, 2023 (Railroad Capital Projects Guidance).
(c) Phased Funding. This award is not a phased funding agreement as further discussed in Section 6.7 of this Attachment 2.
(d) Grant or Cooperative Agreement. This award is made as a Grant Agreement. (e) Security Risk. This award is for a Project that has a low security risk. (f) Rural Area. The information the Recipient provided to FRA, including in the Application, demonstrates this award is not for a Project in a Rural Area.

ARTICLE 2: SPECIAL TERMS AND CONDITIONS
There are no special terms for this award.

ARTICLE 3: ADMINISTRATIVE INFORMATION

3.1 Application
Application Title: Hargrave Grade Separation Planning Project Application Date: October 10, 2022
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5 3.2 FRA Awarding Official
FRA Office of Railroad Development
Federal Railroad Administration
1200 New Jersey Ave, SE
Washington, DC 20590
[email protected]

3.3 Federal Award Date
The “Federal Award Date” is the effective date of this Agreement, as defined under Section 24.4 of Attachment 1 of this Agreement.

3.4 Program Name and Assistance Listings Number
For the FY22 Railroad Crossing Elimination Grant Program, the Assistance Listings Number is 20.327 and the Assistance Listings Title is Railroad Crossing Elimination.

3.5 Recipient’s Unique Entity Identifier
The Recipient’s Unique Entity Identifier, as defined at 2 C.F.R. ß 25.415, is listed in Section 1B on the Agreement cover sheet.

3.6 Federal Award Identification Number
The Federal Award Identification Number is listed in Section 2 on the Agreement cover sheet as the “Agreement Number.”
ARTICLE 4: STATEMENT OF WORK

4.1 General Project Description
The objective of this Project is to accomplish project development activities to prepare the City of Banning, California for a future proposed project for the construction of a grade separation and surface transportation infrastructure improvements on the Hargrave Street at-grade highway-rail crossing (U.S.

Department of Transportation Crossing ID# 760695J). Project activities include: engineering, stakeholder engagement and agreements, environmental compliance and documentation, and design plans and specifications, bidding documents, cost estimates, financial plan, and procurement strategy. The Project will provide the foundation to eliminate an at-grade crossing at Hargrave Street through construction of a rail bridge and road undercrossing that will separate rail and motor vehicle traffic. All project elements are synergistic and essential to ensure a safer, more effective transportation system that will better serve the disadvantaged community of Banning.

4.2 Project Location
The Project will lay the groundwork for surface transportation infrastructure improvements in the vicinity of the Hargrave Street at-grade crossing at railroad milepost 0568.720, located at Latitude

33.923503 and Longitude -116.867964. This Union Pacific Railroad owned crossing is approximately 230 feet south of Interstate 10 in the City of Banning, California. Banning is located approximately 80 miles 646

6 east of downtown Los Angeles and 30 miles west of Palm Springs and is connected to these metropolitan areas by both I-10 and the railroad.

4.3 Project Scope
The Recipient will notify FRA in writing of any requested changes in Project Scope and will not proceed with the changed scope unless approved by FRA in writing. If approved, changes to Project Scope may require additional environmental review or an amendment to this Agreement.

Task 1: Project Administration and Management
Subtask 1.1: Project Administration
The Recipient will perform all tasks required for the Project through a coordinated process, which will involve affected railroad owners, operators, and funding partners, including:
• Union Pacific Railroad – railroad/crossing owner
• California Department of Transportation (Caltrans) – manages nearby state highway/freeway lanes
Exhibit A: Map depicting Project location and markets served. 647

7 • Riverside County Transportation Commission – will provide funding for this planning phase of the project
• Selected planning/design consultant – responsible for carrying out project tasks and activities • FRA
The Recipient will facilitate the coordination of all activities necessary for implementation of the Project.

The Recipient will:
• complete necessary steps to hire a qualified consultant/contractor to perform required Project work, as necessary;
• hold regularly scheduled Project meetings with FRA;
• inspect and approve work as it is completed; and
• participate in other coordination, as needed.

Subtask 1.2: Project Management Plan
The Recipient will prepare a Project Management Plan (PMP), that describes how the Project will be implemented and monitored to ensure effective, efficient, and safe delivery of the Project on time and within budget. The PMP will describe, in detail, the activities and steps necessary to complete the tasks outlined in this Statement of Work.

The PMP will include a Project Schedule and Project Budget for the work to be performed under this Agreement. The Project Schedule will be consistent with the Estimated Project Schedule in Section 5.2 of this Attachment 2, but provide a greater level of detail. Similarly, the Project Budget should be consistent with the Approved Project Budget in Section 6.5 of this Attachment 2, but provide a greater level of detail.

The Recipient will submit the PMP to FRA for review and approval. The Recipient will implement the Project as described in the approved PMP. The Recipient will not begin work on subsequent tasks until FRA has provided written approval of the PMP, unless FRA has provided pre-award authority for such work under Section 6.6 of this Attachment 2. FRA will not reimburse the Recipient for costs incurred in contravention of this requirement.

FRA may require the Recipient to update the PMP. The Recipient will submit any such updates to FRA for review and approval, and FRA will determine if updates to the PMP require an amendment to this Agreement. The Project Budget and Project Schedule may be revised consistent with Article 5 of Attachment 1 of this Agreement without amending this Agreement.

The Recipient will identify agreements governing the construction, operation, and maintenance of the Project in the PMP. If requested by FRA, the Recipient will provide FRA the final, executed copies of any agreements within ten business days of the request.

The PMP will be consistent with the FRA Guidance on Development and Implementation of Railroad Capital Projects (Railroad Capital Projects Guidance) and 49 U.S.C. ß 22903, as applicable. 648

8 Subtask 1.3: Project Closeout
The Recipient will submit a Final Performance Report as required by Section 7.2 of Attachment 1 of this Agreement, which should describe the cumulative activities of the Project, including a complete description of the Recipient’s achievements with respect to the Project objectives and milestones.

Task 1 Deliverables:

Deliverable ID Subtask Deliverable Name

1.1 1.2 Project Management Plan

1.2 1.3 Final Performance Report
Task 2: Environmental Documentation
Subtask 2.1: Draft and Final NEPA Document
The Recipient will complete environmental clearance documentation for the Project. The determination of the appropriate class of action and/or level of documentation and the Project’s environmental impact will be made by FRA. If the Recipient concludes that the Project might qualify for a Categorical Exclusion (CE) in accordance with the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), other environmental statutes, related regulatory requirements, and FRA’s NEPA implementing regulations (23 CFR part 771, Environmental Impact and Related Procedures), the Recipient will complete the FRA CE worksheet including providing the current project description, appropriate project maps, and any other relevant background information and submit it to assist FRA in making a class of action and/or level of documentation determination. The Recipient will evaluate the Project with the use of qualified environmental professionals to determine its impact, including conducting a review of existing literature, contacting relevant agencies, and performing field reconnaissance.

If FRA determines the appropriate class of action is a CE, the Recipient will complete any additional studies and documentation for the FRA CE in accordance with applicable law. The Recipient will then document the findings and submit the CE worksheet with supporting documentation for FRA review and approval.

If FRA does not concur that a CE is appropriate for this Project, FRA will prepare an Environmental Assessment (EA) in accordance with NEPA, other environmental statutes, related regulatory requirements, and FRA’s NEPA implementing regulations (23 CFR part 771, Environmental Impact and Related Procedures). To facilitate FRA’s preparation of the EA, the Recipient will complete needed studies to evaluate potential effects of the action, and if determined appropriate in consultation with FRA, develop a public involvement plan. The Recipient will prepare and submit an EA to FRA for review 649

9 and approval. If, through the EA process, FRA confirms that no significant impacts are anticipated, the Recipient will prepare a Finding of No Significant Impact (FONSI) and submit it to the FRA for review and approval.

If there is an indication of potential for significant impact that cannot be mitigated and FRA determines that an Environmental Impact Statement (EIS) is required, the Recipient, in consultation with FRA, will develop a scope, schedule, and budget for the preparation of an EIS as well as additional public outreach activities.

The Recipient is responsible for identifying all necessary permits required for the Project’s implementation.

Task 2 Deliverables:

Deliverable ID Subtask Deliverable Name

2.1 2.1 Draft and Final NEPA Document
Task 3: Preliminary Engineering and Final Design
Subtask 3.1 Pre-design activities
The Recipient will prepare and submit the following documents to FRA for acceptance before commencing work on the Preliminary Engineering Design.
• A Basis of Design that documents Roadway, Railroad, and other design standards used for all elements of the Project. The Basis of Design shall also include all assumptions, rationale, and considerations used for calculations and decisions required during subsequent engineering design.

Subtask 3.2: Preliminary Engineering
The Recipient will complete Preliminary Engineering for FRA review and approval, consistent with the FRA-approved NEPA document. Preliminary Engineering will include all design development and documentation to demonstrate the effectiveness, feasibility, and readiness of the project. • Preliminary Engineering Plans must include at a minimum:
o A title sheet; an index identifying various plan sheets comprising the drawing set; notation of design criteria referenced; and a legend of symbols and abbreviations. o A cover sheet signed by all stakeholders impacted by the proposed project. o Drawings prepared at an appropriate scale with the following information:
▪ Survey and base mapping with topography.
▪ Pertinent water surface elevations.
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10 ▪ Existing and proposed right-of-way limits.
▪ Property lines showing existing and proposed ownership of the roadway and railroad. ▪ Any temporary or permanent easement required for construction. ▪ Existing and proposed utility relocations.
▪ Limits of disturbance (must be within the approved NEPA limits of disturbance/area of potential effects).
▪ Passenger platforms, stations, vertical circulation, or other structures in the area with dimensions from track centers.
▪ Existing and proposed railroad horizontal and vertical alignments with geometry data. ▪ Existing and proposed vertical and horizontal geometry of the proposed roadway. ▪ Detail and extent of any retaining wall needed for the project. ▪ Proposed track changes, including removals and installations. ▪ Typical roadway and bridge section.
▪ Access for the contractor and staging areas.
▪ Critical components such as rail centerlines, track centers, turnout sizes, and railway dimensions.
▪ Layout of the proposed bridge, including superstructure, substructure, abutments, wingwalls, and foundations\control house (movable section), riprap, and fender system. o Typical approach and bridge cross sections with the following information:
▪ Cross sections showing the proposed work to existing conditions and at other locations requiring easements, retaining walls, or right-of-way acquisitions, as needed. o Construction phasing and contractor access plans that include the following:
▪ Maintenance of roadway and rail traffic during construction. ▪ Any roadway detour or railroad shoofly needed for construction. ▪ Proposed construction access, staging, and storage areas. • Utility Coordination Plan identifying utility type, size, and owners in the area for which conflicts may occur and suggested utility relocation in case of conflict and approval of relocation by the utility owners. This includes all aerial and underground utilities affected by the construction. • Geotechnical Report with investigation data and recommendations for type of support structures based on borings at proposed bridge support locations. • Risk Register showing risks, risk owner, and mitigation strategies. • A Preliminary Engineering Cost Estimate with detailed and itemized project costs, including any contingency to capture risks and separate itemized Force Account Work required by the railroad or the roadway owner, based upon FRA line items. Use FRA Capital Cost Estimating Guidance, available at the following link: Capital Cost Estimating Guidance (Final) | FRA (dot.gov) The Recipient will not proceed to Final Design until NEPA is complete and both NEPA and Preliminary Engineering are approved by FRA.
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11 Subtask 3.3: Final Design and Right-of-Way Engineering The Recipient will submit a Final Design Package to FRA for review and acceptance. The Final Design Package will advance the approved Preliminary Engineering design and will include Final Design Plans, updated cost estimates based on Final Design quantities, and schedules. The Recipient will be responsible for ensuring the future proposed project is constructed in accordance with the FRAapproved NEPA document. In addition, the Final Design package shall include right of way map and parcel maps or other details required for property acquisition.

Task 3 Deliverables:

Deliverable ID [Subtask] Deliverable Name

3.1 3.1 Basis of Design Report

3.2 3.2 Preliminary Design documents

3.3 3.3 Final Design documents (including right of way
acquisition plans)

3.4 3.3 Stakeholder approvals including roadway owner
and Railroad

3.5 3.3 Copies of any local, state, or federal permits
obtained
Additional Task: None.

4.4 Implement Required Environmental Commitments
Environmental commitments for the Project may be identified in the FRA-approved NEPA document, as described in Task 2. As applicable, the Recipient will ensure the Project’s final design incorporates any required environmental commitments.

ARTICLE 5: AWARD DATES AND ESTIMATED PROJECT SCHEDULE

5.1 Award Dates
Budget Period End Date: 2/28/2030
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12 Period of Performance End Date: 2/28/2030

5.2 Estimated Project Schedule
Milestones associated with this Agreement are identified in Table 5-A: Estimated Project Schedule. The Recipient will complete these milestones to FRA’s satisfaction by the Schedule Date, subject to Article 5 of Attachment 1 of this Agreement. The Recipient will notify FRA in writing when it believes it has achieved the milestone.

Table 5-A: Estimated Project Schedule
Milestone Schedule Date
NEPA Completion 6/30/2029
Preliminary Engineering Completion 7/31/2029
Final Design Completion 8/31/2029
ARTICLE 6: AWARD AND PROJECT FINANCIAL INFORMATION

6.1 Award Amount
Agreement Federal Funds: $2,800,000

6.2 Federal Obligation Information
Federal Obligation Type: Single

6.3 Federal Authorization and Funding Source.

Authorizing Statute: Sections 22104 and 22305 of the Infrastructure Investment and Jobs Act, Public Law 117-58 (November 15, 2021); 49 U.S.C. ß 22909
Appropriation: Infrastructure Investment and Jobs Act, Division J, Title VIII (Public Law 117-58 (2021))

6.4 Funding Availability
Program funding that is obligated under this Agreement remains available until expended.

6.5 Approved Project Budget
The estimated total Project cost under this Agreement is $4,300,000.

FRA will contribute a maximum of 65.1 percent of the total Project cost, not to exceed the Agreement Federal Funds in Section 6.1 of this Attachment 2. FRA will fund the Project at the lesser amount of the Agreement Federal Funds or the FRA maximum contribution percentage of total Project costs.

The Recipient will contribute $1,500,000 in Agreement Non-Federal Funds. Recipient’s Agreement NonFederal Funds are comprised of $1,000,000 from the Riverside County Transportation Commission (RCTC) and $500,000 in Banning’s local Transportation Impact Fee (TIF) funding. 653

13 The Recipient will complete the Project to FRA’s satisfaction within the Approved Project Budget, subject to Article 5 of Attachment 1 of this Agreement.

Table 6-A: Approved Project Budget by Task
Task
# Task Title
Agreement
Federal
Funds
Agreement Non-Federal
Funds
Total

RCTC TIF
1 Project Administration
and Management $0 $50,000 $0 $50,000
2 Environmental
Documentation $800,000 $150,000 $0 $950,000
3 Preliminary
Engineering and Final
Design
$2,000,000 $800,000 $500,000 $3,300,000
Total $2,800,000 $1,500,000
Total
Project
Cost:
$4,300,000
Table 6-B: Approved Project Budget by Source
Funding Source Total Amount Percentage of Total
Project Cost
Federal Share $2,800,000 65.1%
Agreement Federal Funds $2,800,000 65.1%
FRA Grant Program $2,800,000 65.1%
Agreement Non-Federal Funds $1,500,000 34.9%
Riverside County Transportation
Commission (RCTC)
$1,000,000 23.3%
City of Banning Transportation Impact
Fees (TIF)
$500,000 11.6%

6.6 Pre-Award Costs
None.
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14 Consistent with 2 C.F.R. part 200, costs incurred before the date of this Agreement are not allowable costs under this award. FRA will neither reimburse those costs under this award nor consider them as a non-Federal cost-sharing contribution to this award.

6.7 Phased Funding Agreement
Not applicable.

ARTICLE 7: PERFORMANCE MEASUREMENT INFORMATION
Table 7-A: Performance Measurement Table identifies the performance measures that this Project is expected to achieve. These performance measures will enable FRA to assess the Recipient’s progress in achieving grant program goals and objectives. The Recipient will report on these performance measures in accordance with the frequency and duration specified in Table 7-A.

Upon Project completion, the Recipient will submit reports comparing the actual Project performance of the new and or improved asset(s) against the pre-Project (baseline) performance and expected postProject performance as described in Table 7-A. The Recipient will submit the performance measures report to the Project Manager in accordance with Table 7-A.

Table 7-A: Performance Measurement Table
Goal Objective Performance Measure
Description of Measure Measurement Reporting
Goal
1 Complete
Project
planning,
approval, and
environmental
assessment
tasks to
advance
project to
construction
NEPA
Documents
Completion of FRA
accepted
environmental
clearance
documentation for
the project.

Documentation
includes the final
environmental review
document and the
environmental
clearance/decision
document.

Pre-Project (Baseline)
Performance as of:
1/1/2024
Frequency:

One time
Expected Post-Project
Performance:

Completion of FRA
accepted environmental
clearance/ decision
documentation
Duration:

During
Period of
Performance
Goal
2 Develop Plans,
Specifications,
and
Engineering
Estimates to
advance
project to
construction
Final Design
Completion of FRA
accepted Final Design
documents to
support future
procurement and
construction work
activities.

Pre-Project (Baseline)
Performance as of:
1/1/2024
Frequency:

One time
Expected Post-Project
Performance:

Completed 100%
Plans/Specs/Estimates –
Duration:
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15 ready to proceed with
construction
During
Period of
Performance
ARTICLE 8: ENVIRONMENTAL COMPLIANCE
In accordance with the National Environmental Policy Act (NEPA; 42 U.S.C. ß 4321 et seq.), other environmental statutes, related regulatory requirements, and FRA’s NEPA-implementing regulations (23 C.F.R. part 771), FRA has determined that the actions funded under this Agreement as described in this Attachment 2, Section 4.5, Tasks 1-3, are categorically excluded from detailed environmental review pursuant to 23 C.F.R. ß 771.116 (c) (1) and (3). In accordance with Section 106 of the National Historic Preservation Act (54 U.S.C. ß 306108; 36 C.F.R. part 800), FRA has also determined that the actions funded under this Agreement have no potential to cause effects to historic properties. The actions do not require the use of property protected by Section 4(f) of the Department of Transportation Act (49 U.S.C. ß 303; 23 C.F.R. part 774).

Categorical exclusions (CEs) are actions identified in an agency’s NEPA-implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 C.F.R. ß 1508.1(d). In analyzing the applicability of a CE, FRA also considered whether unusual circumstances are present that would warrant a more detailed environmental review through the preparation of an EA or EIS. In accordance with 23 C.F.R. ß 771.116 (a) and (b), FRA has further concluded that no unusual circumstances exist with respect to development of the activities funded under this grant that might trigger the need for a more detailed environmental review.

Should conditions or the scope of the action change, the Recipient must notify FRA and receive written response and notice to proceed before proceeding. FRA will evaluate whether this determination remains applicable or if additional environmental review is necessary.

ARTICLE 9: CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS

9.1 Consideration of Climate Change and Environmental Justice Impacts This Section identifies how the Project addresses climate change and environmental justice priorities.

The Recipient certifies that rows marked with “X” in the following table are accurate:

X The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
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16 The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) X
The Recipient or a Project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.)
X The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.) The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.)
The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.) The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.)
The Project promotes energy efficiency. (Describe how in the supporting narrative below.) The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.)
X The Project improves disaster preparedness and resiliency. (Describe how in the supporting narrative below.)
The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.)
The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.) The Project supports or incorporates the construction of energy- and location-efficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.) The Project includes other actions or attributes that address climate change and environmental justice. (Describe those actions in the supporting narrative below.) 657

17 The Project does not include actions or attributes that address climate change and environmental justice but, before beginning construction of the Project, the Recipient will take relevant actions described below to address climate change and environmental justice impacts of the Project. (Identify the relevant actions in the supporting narrative below.)

9.2 Supporting Narrative
This project directly supports local, regional, and state climate action plans that prioritize lowering greenhouse gas emissions including the State of California Climate Change Scoping Plan, the County of Riverside Climate Action Plan (2019), the Western Riverside Council of Governments Subregional Climate Action Plan, and 2019 and 2020 executive orders signed by California Governor Gavin Newsom that called for action to reverse the trend of increased fuel consumption and reduce greenhouse gas emissions associated with the transportation sector. This project is a response to significant growth and corresponding greenhouse gas emissions that would result, should proactive transportation infrastructure changes not be made. The project supports a modal shift in both freight and passenger movement, which will reduce greenhouse gas emissions through demand management strategies to reduce traffic congestion. The project will help address environmental concerns by mitigating traffic congestion, improving traffic flow, and adding non-motorized transportation infrastructure in the vicinity of the Hargrave Street at-grade crossing. The project will reduce vehicle idling, thus reducing congestion-related emissions in three important ways:
1) Travel Mode Shift. The construction project will include sidewalks and bicycle infrastructure to divert motor vehicle traffic to active transportation modes for short trips. The project will allow for safer routes for pedestrians, those with disabilities, and bicyclists to walk or bike to school, work, or shop and negate the need for fuel-burning vehicles.
2) Reduced Congestion. The separation of the railway from the street will expedite traffic flow, result in fewer traffic accidents due to congestion, traffic delays, and engine idling, both in the project location as well as along the interstate. Congestion along Interstate 10, Hargrave Street, and surrounding roadways will be reduced as train-related delays will no longer be an issue. 3) Improved Traffic Flow. Improved levels of service and Interstate-10/Hargrave Street interchange improvements will improve traffic flow. A recent Traffic Impact Analysis conducted in 2019 evaluated the system deficiencies and found that the Hargrave Street and I-10 interchanges operate at unacceptable Levels of Service (E or worse). Separating train traffic from vehicle traffic will remove backups from this location, improving traffic flow and reducing the number of cars waiting for trains to pass. As Interstate 10 is a significant truck route, reducing heavy truck idling will be an important benefit.

This project improves disaster preparedness and resiliency by reducing traffic congestion due to train crossings to drastically improve connectivity and mobility within Banning, the Interstate 10 interchange, and the region. This is very important for both emergency response and potential evacuations in this disadvantaged community that faces Very High and Relatively High risks of wildfire and earthquakes respectively, and to protect from potential annual monetary losses of over $1.3 million due to natural hazards (FEMA National Risk Index). Currently there is one fire station, located north of Interstate 10, 658

18 with two fire engines staffed for emergency response in Banning. The Fire Department provides the full range of emergency response capabilities to the city, including fire suppression, medical response (paramedic capability), HazMat response, and rescue. First responders face critical challenges with traffic backups and gridlock when at-grade train crossings limit circulation or stopped trains block crossings. Roadway–rail grade crossings lead to significant travel delays for emergency responders trying to reach an incident, especially in the southern portion of the city. The grade separation project will remove this barrier, allowing for improved access to these essential services, along with faster possible response times for all emergency responders.

The project directly supports regional and state equitable development plans including the California General Plan Equitable & Resilient Communities and the Strategic Health Alliance Pursuing Equity (SHAPE) Riverside County. SHAPE identifies four priority areas, all of which are supported by this project:

Creation of Healthy Communities, Promoting Healthy Behaviors, Connecting and Investing in People, and Improving Access to Care. The Recipient has utilized EJSCREEN as a method to identify environmental justice communities in order to focus public outreach and gain resident feedback to ensure the Recipient takes the necessary actions to minimize the adverse impacts of the project’s implementation and maximize benefits for the underserved members of these communities. EJSCREEN identifies the community in the 3.14 square mile area surrounding the project as having higher percentages of people of color (81%), low income (58%), linguistically isolated (14%), and persons with less than a high school education (30%), all of which are greater than both state and national averages.

Public outreach will include bilingual materials to ensure the greatest reach.

ARTICLE 10: RACIAL EQUITY AND BARRIERS TO OPPORTUNITY

10.1 Efforts to Improve Racial Equity and Reduce Barriers to Opportunity This Section identifies how the Project addresses efforts to improve racial equity and reduce barriers to opportunity. The Recipient certifies that rows marked with “X” in the following table are accurate:

A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)
The Recipient or a Project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)
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19 X
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) See Multimodal Mobility Investments paragraph in the supporting narrative below.

X
The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) See Reversal of Crash Impacts and Mitigation of Neighborhood Bifurcation paragraph in the supporting narrative below.

X
The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.) See Increased Job Opportunities paragraph 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.) 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, the Recipient will take relevant actions described below to improve racial equity and reduce barriers to opportunity. (Identify the relevant actions in the supporting narrative below.)

10.2 Supporting Narrative
The proposed project will improve equity, mitigate barriers to opportunity, and improve quality of life in Banning by improving and expanding transportation options through developing multimodal transportation facilities; mitigating safety risks to reverse the impacts of crashes on underserved populations; and supporting economic development to improve access to job opportunities.

Multimodal Mobility Investments: This project includes multimodal mobility investments, including ADA compliant sidewalks and bicycle lanes where none currently exist. The project location is an older, poverty-stricken, residential neighborhood comprised of modest and aging homes. The mostly Hispanic population is often characterized as “working poor,” with approximately 76% of students attending area schools eligible for Free and Reduced-Price Lunch based on income. Low-income, minority and new immigrant communities (such as Banning) are especially vulnerable to transportation insecurity because they are less likely to own vehicles. As such, these residents are dependent on walking or biking to get to a job, doctor’s office, store, or school. By creating ADA compliant sidewalks and bicycle lanes, this project will directly impact residents who must walk or bike, and provide connectivity to destinations throughout the city, improving safety and quality of life for those of all abilities. The grade separation will allow for improved transportation options by removing pedestrian/bicycle hazards at the Hargrave 660

20 Street/UPRR railroad crossing. Instead of walking/biking along or across the rail line and road edge, pedestrians, individuals with disabilities, and bicyclists will now have access to sidewalks and bike lanes completely removed from the rail line. Furthermore, the Recipient operates two fixed route bus routes that cross over the UPRR crossing at Hargrave Street ten times each day. These buses are delayed every time they must wait for a train, hindering scheduled pick-ups and drop-offs. These delays increase transportation insecurity and leave transit riders at risk of suffering the critical repercussions of arriving late to work, school, or appointments.

Reversal of Crash Impacts and Mitigation of Neighborhood Bifurcation: The Hargrave Street crossing has been the site of both vehicle-train collisions and pedestrian train collisions. Unfortunately, these collisions have resulted in pedestrian deaths. A study published in the American Journal of Preventive Medicine (https://www.ajpmonline.org/article/S0749-3797(22)00155-6/fulltext) found that minority populations disproportionately suffer the impact of traffic accidents, with Black Americans suffering the highest fatality rates per mile traveled and across all travel modes followed by Hispanics, Whites, and Asians. The study’s statistics were particularly bleak for individuals walking and cycling during evening hours. As EJSCREEN identified the project area as having high percentages of people of color (81%), this is an especially relevant statistic. Project infrastructure improvements will separate pedestrians and motor vehicles from rail traffic, eliminating contact points and drastically improving safety at this interchange and reversing the disproportionate impacts of crashes on people of color. Grade separation will also relieve train crossing-related traffic congestion, resulting in reduced secondary accidents on surrounding city streets and the nearby interstate. Furthermore, grade separation will help breach the north/south separation that naturally occurs in Banning due to the railroad and I-10 intersecting the city. This separation is magnified by stalled trains and traffic congestion that hinder mobility and emergency response.

Increased Job Opportunities: Project improvements will expedite goods movement and circulation, supporting local private business developments and strengthening I-10 infrastructure, one of the nation’s busiest goods movement corridors. This project will increase job opportunities by supporting a future rail expansion project and numerous local developments that will bring more than 8,500 goodpaying jobs to this disadvantaged community. The Riverside County Transportation Commission (RCTC), Caltrans, and the FRA are working to expand passenger rail service across Southern California inclusive of the Inland Empire and the City of Banning. This Amtrak expansion project will connect approximately 144 miles on an existing rail corridor – the same rail that passes through Hargrave Street. Preliminary environmental, design, and service studies are under way for this project. Additionally, the City of Banning is included in planning studies as a potential future station area due to its location along the preferred route midway between Coachella Valley and Riverside Banning. Separating the existing railway at Hargrave from the street is critical for train traffic enhancement to occur. The project’s infrastructure investments directly support economic progress in Banning and in the rail industry. The project will advocate local hiring for all phases of planning, as well as future construction. Future rail expansion, with its additional train traffic and new station areas, will result in additional job opportunities within the rail industry and will support economic developments within Banning.

Furthermore, the rail expansion will diversify transportation options and give greater access to the growing community of Banning. This project is a crucial element in ensuring the success of future rail 661

21 projects and other business ventures in the city, including logistics and entertainment developments at the adjacent Banning Airport site.

ARTICLE 11: LABOR AND WORK

11.1 Efforts to Support Good-Paying Jobs and Strong Labor Standards This Section identifies the Recipient’s efforts to support good-paying jobs and strong labor standards related to the Project. The Recipient certifies that rows marked with “X” in the following table are accurate:

The Recipient or a Project partner has adopted the use of project labor agreements in the overall delivery and implementation of the Project. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) The Recipient or a Project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project, subject to all applicable State and local laws, policies, and procedures. (Describe the relevant provisions in the supporting narrative below.)
The Recipient or a Project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeships in the supporting narrative below.)
The Recipient or a Project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.) The Recipient or a Project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.)
The Recipient or a Project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.)
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22 The Recipient or a Project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
The Recipient or a Project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hiring and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law;
b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements;
c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin;
e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and contractors.
(Describe the equal opportunity plan in the supporting narrative below.) 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.)
X
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 the relevant actions described below. (Identify the relevant actions in the supporting narrative below.)

11.2 Supporting Narrative
The Recipient is an Equal Opportunity Employer that does not discriminate on the basis of race, color, national origin, sex, sexual orientation, religion, age, or disability in employment or the provision of services. The Recipient complies with the requirements of the Americans with Disabilities Act with respect to hiring and any other term of employment. This policy also extends to professional services consultants who will be engaged for this project. The Recipient will utilize competitive procurement processes (which align with both state and federal procurement requirements) to identify qualified consultants for all project activities. These consultants will be compensated with market value prevailing rates.
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23 ###
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Exhibits
Revision Date: December 11, 2023
665

Exhibits
Table of Contents
EXHIBIT A: APPLICABLE FEDERAL LAWS AND REGULATIONS .......................................................................... 3 GENERAL FEDERAL LEGISLATION ................................................................................................................ 3 EXECUTIVE ORDERS ..................................................................................................................................... 4 GENERAL FEDERAL REGULATIONS .............................................................................................................. 4 EXHIBIT B: ADDITIONAL STANDARD TERMS .................................................................................................... 6 EXHIBIT B.1: TITLE VI ASSURANCES ............................................................................................................. 7 EXHIBIT B.2: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS ..................................................................................... 16 EXHIBIT B.3: REQUIREMENTS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW........................................................................................................................ 20 EXHIBIT B.4: RECIPIENT POLICY TO BAN TEXT MESSAGING WHILE DRIVING........................................... 22 EXHIBIT B.5: EQUIVALENT LABOR PROTECTIONS UNDER 49 U.S.C. 22905(c)(2)(B)................................. 24 EXHIBIT C: QUARTERLY PROJECT PROGRESS REPORTS AND RECERTIFICATIONS ......................................... 33 666

3 EXHIBIT A: APPLICABLE FEDERAL LAWS AND REGULATIONS
By entering into this Agreement, the Recipient assures and certifies, with respect to this award, that it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Project.

Performance under this Agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Recipient and any applicable subrecipients. The applicable provisions to this Agreement include, but are not limited to, the following:

GENERAL FEDERAL LEGISLATION
a. Davis-Bacon Act - 40 U.S.C. § 3141 et seq.
b. Federal Fair Labor Standards Act - 29 U.S.C. § 201 et seq. c. Hatch Act - 5 U.S.C. § 1501 et seq.
d. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. § 4601 et seq.
e. National Historic Preservation Act of 1966 – Section 106 - 54 U.S.C. § 306108 f. Archeological and Historic Preservation Act of 1974 - 54 U.S.C. §§ 312501–312508 g. Native American Graves Protection and Repatriation Act - 25 U.S.C. § 3001 et seq. h. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. § 7401 et seq. i. Section 404 of the Clean Water Act, as amended - 33 U.S.C. § 1344 j. Section 7 of the Endangered Species Act, P.L. 93-205, as amended – 16 U.S.C. § 1536 k. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. § 1451 et seq. l. Flood Disaster Protection Act of 1973, Section 102(a) – 42 U.S.C. § 4012a m. Age Discrimination Act of 1975 - 42 U.S.C. § 6101 et seq. n. American Indian Religious Freedom Act, P.L. 95-341, as amended o. Sections 523 and 527 of the Public Health Service Act of 1912, as amended, 42 U.S.C. §§ 290dd through 290dd-2
p. Architectural Barriers Act of 1968 - 42 U.S.C. § 4151 et seq. q. Power Plant and Industrial Fuel Use Act of 1978, P.L. 100-42 - Section 403 - 42 U.S.C. § 8373 r. Contract Work Hours and Safety Standards Act - 40 U.S.C. § 3701 et seq. s. Copeland Anti-kickback Act, as amended - 18 U.S.C. § 874 and 40 U.S.C. § 3145 t. National Environmental Policy Act of 1969 - 42 U.S.C. § 4321 et seq. u. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. § 1271 et seq. v. Federal Water Pollution Control Act, as amended - 33 U.S.C. §§1251–1376 w. Single Audit Act of 1984 - 31 U.S.C. § 7501 et seq.
x. Americans with Disabilities Act of 1990 - 42 U.S.C. § 12101 et seq. y. Title IX of the Education Amendments of 1972, as amended - 20 U.S.C. §§ 1681–1683 and §§ 1685–1687
z. Section 504 of the Rehabilitation Act of 1973, as amended - 29 U.S.C. § 794 aa. Title VI of the Civil Rights Act of 1964 - 42 U.S.C. § 2000d et seq. bb. Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions – 31 U.S.C. § 1352
cc. Freedom of Information Act - 5 U.S.C. § 552, as amended dd. Magnuson-Stevens Fishery Conservation and Management Act – 16 U.S.C. § 1801 et seq. ee. Farmland Protection Policy Act of 1981 – 7 U.S.C. § 4201 et seq. ff. Noise Control Act of 1972 – 42 U.S.C. § 4901 et seq. gg. Fish and Wildlife Coordination Act of 1956 – 16 U.S.C. § 661 et seq. 667

4 hh. Section 9 of the Rivers and Harbors Act and the General Bridge Act of 1946 - 33 U.S.C. §§ 401 and 525
ii. Section 4(f) of the Department of Transportation Act of 1966, 49 U.S.C. 303 jj. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended – 42 U.S.C. §§ 9601–9657
kk. Safe Drinking Water Act – 42 U.S.C. §§ 300f to 300j-26 ll. The Wilderness Act – 16 U.S.C. §§ 1131–1136
mm. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 – 42 U.S.C. § 6901 et seq.
nn. Migratory Bird Treaty Act 16 U.S.C. § 703 et seq.
oo. The Federal Funding Transparency and Accountability Act of 2006, as amended (Pub. L. 109–282, as amended by section 6202 of Public Law 110–252)
pp. Cargo Preference Act of 1954 – 46 U.S.C. § 55305
qq. Section 889 of the John D. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232
rr. Efficient Environmental Reviews - 23 U.S.C. § 139
ss. Grant Conditions – 49 U.S.C. § 22905
tt. Build America, Buy America Act – Pub. L. No. 117-58, div. G, tit. IX, subtit. A, 135 Stat. 429, 1298

EXECUTIVE ORDERS
a. Executive Order 11246 – Equal Employment Opportunity b. Executive Order 11990 – Protection of Wetlands
c. Executive Order 11988 – Floodplain Management
d. Executive Order 12372 – Intergovernmental Review of Federal Programs e. Executive Order 12549 – Debarment and Suspension
f. Executive Order 12898 – Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
g. Executive Order 13166 – Improving Access to Services for Persons With Limited English Proficiency
h. Executive Order 13985 – Advancing Racial Equity and Support for Underserved Communities Through the Federal Government
i. Executive Order 14005 – Ensuring the Future is Made in All of America by All of America’s Workers
j. Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad

GENERAL FEDERAL REGULATIONS
a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards – 2 C.F.R. Parts 200, 1201
b. Non-procurement Suspension and Debarment – 2 C.F.R. Parts 180, 1200 c. Investigative and Enforcement Procedures – 14 C.F.R. Part 13 d. Procedures for predetermination of wage rates – 29 C.F.R. Part 1 e. Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States – 29 C.F.R. Part 3 f. Labor standards provisions applicable to contracts governing federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act) – 29 C.F.R. Part 5 g. Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department 668

5 of Labor (Federal and federally assisted contracting requirements) – 41 C.F.R. Parts 60 et seq. h. New Restrictions on Lobbying – 49 C.F.R. Part 20
i. Nondiscrimination in Federally Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964 – 49 C.F.R. Part 21 j. Uniform relocation assistance and real property acquisition for Federal and Federally assisted programs – 49 C.F.R. Part 24
k. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance – 49 C.F.R. Part 25
l. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance – 49 C.F.R. Part 27
m. DOT’s implementation of DOJ’s ADA Title II regulations compliance procedures for all programs, services, and regulatory activities relating to transportation under 28 C.F.R. Part 35 n. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation – 49 C.F.R. Part 28 o. Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors – 49 C.F.R. Part 30 p. Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) – 49 C.F.R. Part 32 q. DOT’s implementing ADA regulations for transit services and transit vehicles, including the DOT’s standards for accessible transportation facilities in Part 37, Appendix A – 49 C.F.R. Parts 37 and 38
r. Environmental Impact and Related Procedures – 23 C.F.R. Part 771 s. Procedures Implementing Section 4(f) of the Department of Transportation Act – 23 C.F.R. Part 774
Specific assurances required to be included in the Agreement by any of the above laws, regulations, or circulars are hereby incorporated by reference into this Agreement. 669

6 EXHIBIT B: ADDITIONAL STANDARD TERMS

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7 EXHIBIT B.1: TITLE VI ASSURANCES

TITLE VI ASSURANCE
Implementing Title VI of the Civil Rights Act of 1964, as amended

ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS AND

ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE (Implementing the Rehabilitation Act of 1973, as amended, and the Americans With Disabilities Act, as amended)
49 C.F.R. Parts 21, 25, 27, 37 and 38
The United States Department of Transportation (USDOT)
Standard Title VI/Non-Discrimination Assurances
DOT Order No. 1050.2A
By signing and submitting the Application and by entering into this Agreement, the Recipient HEREBY AGREES THAT, as a condition to receiving Federal financial assistance from the Federal Railroad Administration (FRA), it is subject to and will comply with the following:

Statutory/Regulatory Authorities
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation—Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity,” for which the Recipient receives Federal financial assistance from DOT, including FRA.
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8 The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in §§ 21.23 (b) and

21.23 (e) of 49 C.F.R. § 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with the Grant and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
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9 a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the Recipient also agrees to comply (and require any sub-recipients, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing FRA’s access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by FRA. You must keep records, reports, and submit the material for review upon request to FRA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The Recipient gives this ASSURANCE 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 recipients by the FRA under this Agreement. This ASSURANCE is binding on the Recipient, other recipients, sub-recipients, contractors, subcontractors and their subcontractors’, transferees, successors in interest, and any other participants in the program or project funded under this Agreement.

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10 APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:

1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally assisted programs of the U.S. Department of Transportation, Federal Railroad Administration (FRA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. Part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or FRA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or FRA, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or FRA may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or FRA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the 674

11 contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 675

12 APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Specific Assurance 4:

NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon in accordance with the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), 23 U.S.C. § 117 and the policies and procedures prescribed by the Federal Railroad Administration (FRA) of the U.S.

Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto Recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Recipient, its successors and assigns.

The Recipient, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the Recipient will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) 676

13 APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY,

FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Recipient pursuant to the provisions of Specific Assurance 7(a):

A. The (Recipient, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (Recipient, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, Recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the Recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

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14 APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY,

FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by Recipient pursuant to the provisions of Specific Assurance 7(b):

A. The (Recipient, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (Recipient, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Nondiscrimination covenants, Recipient will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, Recipient will there upon revert to and vest in and become the absolute property of Recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

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15 APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.

Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq).

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16 EXHIBIT B.2: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY

MATTERS -- PRIMARY COVERED TRANSACTIONS
2 C.F.R. Parts 180 and 1200
These assurances and certifications are applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FRA approval or that is estimated to cost $25,000 or more—as defined in 2 C.F.R. Parts 180 and 1200.

By signing and submitting the Application and by entering into this Agreement, the Recipient is providing the assurances and certifications for First Tier Participants and Lower Tier Participants, as set out below.

1. Instructions for Certification – First Tier Participants:
a. The prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
e. The terms “covered transaction,” “civil judgment,” “debarred,” “suspended,” “ineligible,” “participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are defined in 2 C.F.R. Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers to any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
680

17 f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary ExclusionLower Tier Covered Transactions,” provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment, including a civil settlement, rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust 681

18 statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FRA approval or estimated to cost $25,000 or more - 2 C.F.R. Parts 180 and 1200) a. The prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms “covered transaction,” “civil settlement,” “debarred,” “suspended,” “ineligible,” “participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are defined in 2 C.F.R. Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
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19 f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Participants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 683

20 EXHIBIT B.3: REQUIREMENTS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW
As required by sections 744 and 745 of Title VII, Division E of the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022), and implemented through USDOT Order 4200.6, the funds provided under this award shall not be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that:
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government.

The Recipient therefore agrees:

1. Definitions. For the purposes of this exhibit, the following definitions apply:
“Covered Transaction” means a transaction that uses any funds under this award and that is a contract, memorandum of understanding, cooperative agreement, grant, loan, or loan guarantee. “Felony Conviction” means a conviction within the preceding 24 months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the United States Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. 3559.
“Participant” means the Recipient, an entity who submits a proposal for a Covered Transaction, or an entity who enters into a Covered Transaction.
“Tax Delinquency” means an unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

2. Mandatory Check in the System for Award Management. Before entering a Covered Transaction with another entity, a Participant shall check the System for Award Management (the “SAM”) at http://www.sam.gov/ for an entry describing that entity.

3. Mandatory Certifications. Before entering a Covered Transaction with another entity, a Participant shall require that entity to:
684

21 (1) Certify whether the entity has a Tax Delinquency; and (2) Certify whether the entity has a Felony Conviction. 4 Prohibition. If
(1) the SAM entry for an entity indicates that the entity has a Tax Delinquency or a Federal Conviction;
(2) an entity provides an affirmative response to either certification in section 3; or (3) an entity’s certification under section 3 was inaccurate when made or became inaccurate after being made
then a Participant shall not enter or continue a Covered Transaction with that entity unless the USDOT has determined in writing that suspension or debarment of that entity are not necessary to protect the interests of the Government.

5. Mandatory Notice to the USDOT.
(a) If the SAM entry for a Participant indicates that the Participant has a Tax Delinquency or a Felony Conviction, the Recipient shall notify the USDOT in writing of that entry. (b) If a Participant provides an affirmative response to either certification in section 1, the Recipient shall notify the USDOT in writing of that affirmative response. (c) If the Recipient knows that a Participant’s certification under section 1 was inaccurate when made or became inaccurate after being made, the Recipient shall notify the USDOT in writing of that inaccuracy.

6. Flow Down. For all Covered Transactions, including all tiers of subcontracts and subawards, the Recipient shall:
(1) require the SAM check in section 2;
(2) require the certifications in section 3;
(3) include the prohibition in section 4; and
(4) require all Participants to notify the Recipient in writing of any information that would require the Recipient to notify the USDOT under section 5.

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22 EXHIBIT B.4: RECIPIENT POLICY TO BAN TEXT MESSAGING WHILE DRIVING (a) Definitions. The following definitions are intended to be consistent with the definitions in DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009) and Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009). For clarification purposes, they may expand upon the definitions in the executive order.

For the purpose of this Term B.4, “Motor Vehicles” means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for use on a local, State or Federal roadway, but does not include a military design motor vehicle or any other vehicle excluded under Federal Management Regulation 102-34-15.

For the purpose of this Term B.4, “Driving” means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic congestion, a traffic signal, a stop sign, another traffic control device, or otherwise. It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary.

For the purpose of this Term B.4, “Text messaging” means reading from or entering data into any handheld or other electronic device (including, but not limited to, cell phones, navigational tools, laptop computers, or other electronic devices), including for the purpose of Short Message Service (SMS) texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless this practice is prohibited by State or local law. The term also does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to remain stationary.

For the purpose of this Term B.4, the “Government” includes the United States Government and State, local, and tribal governments at all levels.
(b) Workplace Safety. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009) and DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009), the Recipient, subrecipients, contractors, and subcontractors are encouraged to:
(1) adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving— (i) Company-owned or -rented vehicles or Government-owned, leased or rented vehicles; or
(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.
(2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as—
(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
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23 (c) Subawards and Contracts. To the extent permitted by law, the Recipient shall insert the substance of this exhibit, including this paragraph (c), in all subawards, contracts, and subcontracts under this award that exceed the micro-purchase threshold, other than contracts and subcontracts for the acquisition of commercially available off-the-shelf items.

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24 EXHIBIT B.5: EQUIVALENT LABOR PROTECTIONS UNDER 49 U.S.C. 22905(c)(2)(B) This Exhibit provides guidance on the protective arrangements equivalent to the protective arrangements established under Section 504 of the Railroad Revitalization Reform Act of 1976, with respect to employees affected by actions taken in connection with a Project financed in whole or in part with financial assistance subject to 49 U.S.C. § 22905(c)(2)(B). Fluctuations and changes in volume or character of employment brought about solely by other causes are not within the scope of this Exhibit.

1. Definitions. Whenever used in this Exhibit, capitalized terms shall have the meanings below:
(a) “Average Monthly Compensation” means the total compensation received by a Displaced Employee or a Dismissed Employee during the last twelve (12) months in which they were employed immediately preceding the date of their displacement or dismissal, divided by twelve (12).

The Average Monthly Compensation shall be adjusted to reflect subsequent general wage increases. (b) “Average Monthly Time” means the total number of hours worked by a Displaced Employee during the last twelve (12) months in which they were employed immediately preceding the date of their displacement, divided by twelve (12).
(c) “Day” means one 24-hour calendar day (including holidays and weekends) for purposes of calculating deadlines and other timeframes in this Exhibit. (d) “Displaced Employee” means a Protected Employee who remains employed by a Railroad but, as a result of a Project, is placed in a worse position with respect to compensation and rules governing working conditions. A Protected Employee’s status as a Displaced Employee begins on the date said employee is harmed.
(e) “Dismissed Employee” means a Protected Employee who: (1) as a result of a Project, is deprived of employment with the Railroad because (i) the Railroad eliminates the Protected Employee’s position, or (ii) the Railroad eliminates another employee’s position (and that employee’s exercise of seniority rights results in the Protected Employee’s inability to secure another position by the exercise of the Protected Employee’s seniority rights); and (2) is unable to secure another position by exercise of their seniority rights A Protected Employee’s status as a Dismissed Employee begins on the date said employee is deprived of employment.
(f) “Project” means any action financed in whole or in part with financial assistance subject to 49 U.S.C. § 22905(c)(2)(B).
(g) “Protected Employee” means an employee of a Railroad who is affected by actions taken pursuant to a Project, whether the Project is initiated by a Railroad or a Recipient. If a Railroad rearranges or adjusts its forces in anticipation of a Project with the purpose or effect of depriving an employee of benefits to which they otherwise would have become entitled under this Exhibit, then that employee is a Protected Employee under this Exhibit. An employee’s status as a Protected Employee shall continue for the duration of the applicable Protective Period. An employee who solely benefitted as a result of a Project shall not be a Protected Employee under this Exhibit. (h) “Protective Period” means that period during which a Displaced Employee or a Dismissed Employee is provided the protections described in this Exhibit. The Protective Period begins 688

25 on the date an employee of a Railroad is displaced or dismissed and ends after six (6) years. However, the Protective Period for any particular employee shall not continue longer than the period of time the Railroad employed the employee prior to the date of their displacement or dismissal. For purposes of this Exhibit, an employee’s length of service shall be determined in accordance with the provisions of Section 7(b) of the Washington Job Protection Agreement of May 1936, as amended. (i) “Recipient” means any person or entity receiving financial assistance subject to the requirements of 49 U.S.C. § 22905(c), including grantees, subrecipients, contractors, and subcontractors. (j) “Railroad” means (1) a railroad carrier as defined in 49 U.S.C. § 20102(3), or (2) any person deemed a rail carrier pursuant to 49 U.S.C. § 22905(b).

2. Flow Down.
(a) In accepting financial assistance for a Project, the Recipient is responsible for ensuring the compliance with the protections provided in this Exhibit. The Recipient shall make the acceptance of this Exhibit a condition of any new contract (or incorporate its terms into any existing contract by amendment) that uses funds subject to the requirements of 49 U.S.C. § 22905(c). These conditions shall apply to a Recipient, any Railroad and any contractor of any tier with which the Recipient contracts using funds subject to the requirements of 49 U.S.C. § 22905(c). (b) The Recipient shall require in an agreement (either in a new agreement or as an amendment to an existing agreement) with a Railroad owning the right-of-way to be improved by a Project that the Railroad notify its employees (or their representatives) of the Project being funded with financial assistance subject to 49 U.S.C. § 22905(c) and the applicability of these protections. (c) Any Railroad employee (or their representatives) may notify a Recipient of a dispute or controversy relating to the requirements of this Exhibit to ensure compliance with 49 U.S.C. § 22905(c)(2)(B).

3. Collective Bargaining Agreements.
(a) Existing Agreements. The rates of pay, rules, working conditions, and all collective bargaining and other rights, privileges, and benefits (including continuation of pension rights and benefits) of a Railroad’s employees under applicable laws, regulations, and/or existing collective bargaining agreements shall be preserved and remain applicable unless changed by future collective bargaining agreements or applicable statutes or regulations. As applied to the regulation of subcontracting by the Railroads of a Project, the provisions of this section shall mean that a determination of whether or not such work validly may be subcontracted by a Railroad shall not be affected by the fact that the work is being financed by funds subject to the requirements of 49 U.S.C. § 22905(c)(2)(B). Nothing in this Exhibit shall be construed as depriving any Railroad employee of any rights or benefits or eliminating any obligations that such employee may have under any existing contractual or statutory arrangement, including job security agreements, protective conditions, or arrangements.
(b) Election by Protected Employee. Where a Protected Employee is eligible for protections under both this Exhibit and another contractual or statutory arrangement, the Protected Employee shall elect between the protection under this Exhibit and protection under such other arrangement. After 689

26 such an election, the Protected Employee shall be protected only by the arrangement that they elect.

The Protected Employee shall not be entitled to any protection or benefit (regardless of whether such benefit is duplicative) under the arrangement that they do not elect. However, if the elected protection expires pursuant to the terms of the arrangement that governs the elected protection, the Protected Employee is entitled to protection under the arrangement not originally elected for the remainder, if any, of the Protective Period.

4. Change in Operations, Services, Facilities, or Equipment. (a) Notice. When a Railroad contemplates a change or changes in its operations, services, facilities, or equipment as a result of a Project, which may cause the dismissal or displacement of Protected Employees or rearrangement of forces involving such employees, it shall give at least sixty (60) days’ written notice of such intended changes to both Protected Employees and their duly authorized representatives (if applicable). Such notice shall contain a full and adequate description of the proposed changes, including an estimate of the number of Protected Employees of each class affected by the intended changes.
(b) Negotiations.
(i) Initiation of Negotiation. Within sixty (60) days after the Railroad issues a notice under Section 4(a) of this Exhibit, the Railroad or the Protected Employees (or their representatives) may, by written notice to the other party, request a meeting and opportunity to negotiate an agreement with respect to the application of the terms and conditions of this Exhibit. These negotiations shall commence within fourteen (14) days from the receipt of such request.
(ii) Subject of Negotiations. Each change to rail operations, services, facilities, infrastructure, or equipment (including rights-of-way, track, and signal and crossing systems) that may result in dismissal or displacement of Protected Employees or rearrangement of forces involving such employees shall be subject to review and negotiation by the parties, but only to the extent necessary to ensure compliance with this Exhibit. For any contemplated rearrangement of rail forces, the Railroad and the representative(s) of the Protected Employees shall agree on the method of selection of employees to be moved, and the assignment of those employees to new roles.
(c) Arbitration. If the Railroad and the representative(s) of the Protected Employees fail to agree within forty-five (45) days from the initial meeting and opportunity to negotiate, either party may submit the dispute for arbitration in accordance with the following procedures:
(i) Notice & Selection of Arbitrator. Within ten (10) days after either party has notified the other in writing of their desire to submit the dispute for arbitration, the parties shall select a neutral arbitrator. If the parties cannot agree upon the selection of said arbitrator, then the parties shall submit a request to the National Mediation Board to appoint an arbitrator. In either case, a hearing shall be scheduled no later than thirty (30) days after an arbitrator has been appointed.
690

27 (ii) Binding Decision. The decision of the arbitrator shall be final, binding, and conclusive and shall be rendered within thirty (30) days from the date of the commencement of the hearing of the dispute.
(iii) Expenses. The salary and expenses of the arbitrator shall be borne equally by the parties to the proceeding; all other expenses shall be paid by the party incurring them. (d) Implementation. If a notice is issued under Section 4(a), the Railroad shall not implement such a change or changes until: (i) sixty (60) days after the notice in accordance with Section 4(a), if no party requests a meeting and opportunity to negotiate; (ii) the parties reach agreement pursuant to Section 4(b), if a party requests a meeting and opportunity to negotiate; or (iii) a referee has rendered a decision pursuant to Section 4(c).

5. Protections for Displaced Employees
(a) Displacement Allowances.
(i) In General. If a Displaced Employee is unable, in the normal exercise of such employee’s seniority rights under existing agreements, rules and practices, to obtain a position that is compensated equal to or exceeding the compensation the Displaced Employee received in the position from which such employee was displaced, then the Displaced Employee shall, during the Protective Period, be paid a monthly displacement allowance equal to the difference between the monthly compensation received by the Displaced Employee in the position in which such employee is retained and the Average Monthly Compensation received by the Displaced Employee in the position from which such employee was displaced (the “Displacement Allowance”).
(ii) Application of Displacement Allowance. If a Displaced Employee’s compensation in that employee’s retained position is less in any month in which such employee performs work than the Average Monthly Compensation, then the Displaced Employee shall be paid the difference between the current compensation and the Average Monthly Compensation.

However, the Displacement Allowance shall be reduced by the Displaced Employee’s time lost as a result of voluntary absences, to the extent that the Displaced Employee is not available for service equivalent to the Displaced Employee’s Average Monthly Time. If, on the other hand, the Displaced Employee, in such employee’s retained position, works in excess of the Average Monthly Time in any given month, then the Displaced Employee shall be additionally compensated for such excess time at the rate of pay of the employee’s retained position. If a Displaced Employee fails to exercise their seniority rights to secure another position available to the employee which does not require a change in such employee’s place of residence, to which the employee is entitled under the working agreement, and which carries a rate of pay and compensation exceeding those of the position that the employee elects to retain, then the Displaced Employee shall thereafter be treated for the purposes of this section as occupying the position such employee elects to decline.
(iii) Early Expiration. The Displacement Allowance shall cease prior to the expiration of the Protective Period in the event of the Displaced Employee’s resignation, death, retirement, or dismissal for justifiable cause.
691

28 (b) Moving Expenses. Any Protected Employee retained in the service of a Railroad, or who is later restored to service after being entitled to receive a Dismissal Allowance, and is required to change the point of such employee’s employment as a result of the Project, and within the employee’s Protective Period is required to move the employee’s place of residence, shall be reimbursed for all expenses of moving the employee’s household and other personal effects, including travel expenses, temporary living expenses, and any actual wage loss during the time necessary to make the move, and for a reasonable time thereafter, not to exceed five (5) days. (i) Prior Agreement. The exact extent of the responsibility of a Railroad under this Section and the ways and means of transportation shall be agreed upon in advance by the Railroad and the Protected Employee or their representatives. (ii) Exception. Changes in residence that are not a result of a Project, which are made after the initial change and that grow out of the normal exercise of seniority rights, are not within the purview of this Section.
(iii) Furloughed Employees. The Railroad shall, to the same extent provided above, assume the moving expenses outlined in Section 5(b) for an employee furloughed within three (3) years after changing such employee’s point of employment as a result of a Project, who elects to move their place of residence back to their original point of employment. (iv) Reimbursement. A claim for reimbursement shall be paid under the provisions of this Section within sixty (60) days after it is submitted, unless disputed by the Railroad, but no claim shall be paid if presented to the Railroad more than ninety (90) days after the date on which the expenses were incurred.
(c) Losses from Home Sale or Contract Termination. Any Displaced Employee who is retained in the service of a Railroad (or who is later restored to service after being entitled to receive a dismissal allowance), and who is required to change the point of such employee’s employment during the Protective Period as a result of a Project, is entitled to the following:
(i) Home Sale for Less Than Fair Market Value. If the Displaced Employee owns their place of residence in the locality from which such employee is required to move, then at the Displaced Employee’s option, the Railroad shall reimburse the Displaced Employee for the difference between the actual sale price and the fair market value of the employee’s place of residence. The Railroad shall pay such difference within sixty (60) days after the Displaced Employee has filed a claim for such loss in accordance with Section 5(c)(vi), unless a controversy arises as to which Section 5(c)(vii) applies. In each case, the fair market value of the home in question shall be determined without consideration of the Project. The Railroad shall in each instance be afforded an opportunity to purchase the home at such fair market value before it is sold by the Displaced Employee to any other person.
(ii) Election to Receive Closing Costs. The Displaced Employee may elect to waive the provisions of Section 5(c)(i) and to receive, in lieu thereof, an amount equal to the closing costs that are customarily paid for and assumed by a seller of real estate in the jurisdiction in which the employee’s residence is located. Such costs shall include customary fees paid to a licensed realtor (not to exceed six percent (6%) of the final sale price) and any prepayment penalty required by any mortgagor or beneficiary of a deed of trust. Such costs shall not include 692

29 the payment of any mortgage discount points or similar interest discount fees by the Displaced Employee.
(iii) Pending Contract to Purchase. If a Displaced Employee has entered into a contract to purchase a place of residence, but due to a Project must cancel that contract, the Railroad shall indemnify the Displaced Employee against any losses due to such cancellation, and shall relieve the Displaced Employee from any further obligation under the contract. (iv) Unexpired Lease. If the Displaced Employee holds an unexpired lease of a dwelling as the employee’s primary place of residence, and the Displaced Employee must cancel the lease due to a Project, the Railroad shall indemnify the Displaced Employee from all costs and liability arising from said cancellation.
(v) Exclusions. Any change in residence that is not due to or caused by a Project, or that resulted from the normal exercise of a Protected Employee’s seniority rights, shall not be within the purview of this Section.
(vi) Notification of Claims. A Displaced Employee shall notify, in writing, the Railroad of such employee’s claim arising from this Section 5(c) within one (1) year of the date the Displaced Employee’s claim accrues.
(vii) Home Value Disagreements. In the event of disagreement between a Railroad and a Displaced Employee as to the value of a Displaced Employee’s claim, either party (or their representatives) may request, in writing, a joint conference to resolve the disagreement.

A. Real Estate Appraisers. If the parties are unable to resolve the disagreement, either party may refer the disagreement to two licensed real estate appraisers, one of whom shall be selected by the Displaced Employee (or such employee’s representatives), and one of whom shall be selected by the Railroad. If the two selected real estate appraisers are unable to agree on a valuation within thirty (30) days, the selected real estate appraisers shall designate (or agree to a method by which to select) a third licensed real estate appraiser within ten (10) days. If unable to agree on a selection, either party may request the National Mediation Board to designate within twenty (20) days a third licensed real estate appraiser. A decision by two of the three licensed real estate appraisers shall be required to determine the value in dispute. Said decision shall be final and conclusive.

B. Payment of Expenses. The salary and expenses of the third or neutral appraiser shall be borne equally by the parties to the proceedings. All other expenses shall be paid by the party incurring them, including the compensation of the appraiser selected by such party.
(d) Failure to Exercise Seniority Rights. If a Displaced Employee is able but does not exercise such employee’s seniority rights to secure another position that does not require a change in the employee’s primary place of residence, the Displaced Employee shall not be entitled to moving expenses or protections due to the sale of a home outlined in Sections 5(b)&(c). 693

30 6. Protections for Dismissed Employees.
(a) Dismissal Allowance. A Dismissed Employee shall be paid a monthly dismissal allowance from the date they are deprived of employment through the Protective Period. (i) Monthly Dismissal Allowance Calculation. The monthly dismissal allowance shall be equivalent to the Average Monthly Compensation received by the Dismissed Employee in the last twelve (12) months of employment prior to the employee’s dismissal. (ii) Submission of Claim. A claim for the initial month of a dismissal allowance shall be paid within ninety (90) days and a claim for a subsequent month shall be paid within sixty (60) days after the claim is filed by the Dismissed Employee, unless the claim is disputed by the Railroad pursuant to Section 8 of this Exhibit.
(iii) Reduction or Suspension of Dismissal Allowance. If a Dismissed Employee accepts new employment (or reemployment by the dismissing Railroad) during the Protective Period, the dismissal allowance shall be reduced such that the accepted monthly compensation at the then-current position (including any unemployment insurance compensation received) plus the dismissal allowance is equivalent to the Dismissed Employee’s Average Monthly Compensation. If the compensation of the Dismissed Employee’s then-current employment is greater than the dismissal allowance, the dismissal allowance shall be suspended. Such reduction or suspension shall continue for the duration of the Protective Period, unless and until the Dismissed Employee’s then-current compensation is reduced or eliminated. Prior to dismissal, such Dismissed Employee (or their representative) and the dismissing Railroad shall agree upon a procedure by which such Railroad shall be informed of the earnings and benefits of such Dismissed Employee in their new position of employment. (iv) Early Termination. The dismissal allowance shall cease prior to the expiration of the Protective Period in the event of the Dismissed Employee’s resignation, death, retirement, dismissal for justifiable cause under existing agreements, failure without good cause to return to service after being notified in accordance with an applicable working agreement, or failure without good cause to accept a comparable position that does not require a change of residence, for which the Dismissed Employee is qualified and eligible with the Railroad from which such employee was dismissed after being notified, if the employee’s return does not infringe upon employment rights of other employees under a working agreement. (b) Separation Allowance. A Dismissed Employee may, at such employee’s option, within seven (7) days of dismissal or an arbitration award establishing the employee’s status as a Dismissed Employee, resign and (in lieu of all other benefits and protections provided in this Exhibit) accept a lump sum payment computed in accordance with Section 9 of the Washington Job Protection Agreement of May 1936, as amended.
(c) Priority of Employment or Re-Employment. Any Protected Employee whose employment is terminated or who is furloughed as a result of a Project shall, if they so request, be granted priority of employment or re-employment to fill a position comparable to that which they held on the Railroad (even if in a different craft or class), so long as they are qualified, or by training or retraining can become physically and mentally qualified, for the position. However, such priority of 694

31 employment or re-employment must not be in contravention of any relevant collective bargaining agreements.
(i) Training or Re-Training. In the event such training or retraining is requested by a Protected Employee pursuant to Section 6(c), the Railroad shall provide such training or retraining at no cost to the Protected Employee.
(ii) Waiver of Protections. If a Protected Employee who has made a request under Section 6(c) fails without good cause within ten (10) days to accept an offer of a comparable position for which such employee has satisfactorily completed such training, the Protected Employee shall, upon the expiration of such ten (10) day period, forfeit all rights and benefits under this Exhibit.

7. Fringe Benefits. No Protected Employee shall be deprived during the Protective Period of any (non-salary) rights, privileges, or benefits attached to such employee’s previous employment under the terms and conditions of an existing employment agreement (including, but not limited to, free transportation, hospitalization, pensions, insurance, or vacation benefits), so long as such rights, privileges, or benefits continue to be accorded to other employees of the Railroad, in active service or on furlough as the case may be, to the extent that such rights, privileges, or benefits can be so maintained under present authority of law, corporate action, or through future authorization.

8. Arbitration of Disputes.
(a) Scope. Any dispute under these conditions not settled by the relevant parties will be resolved in arbitration as provided herein. In the event a Railroad and the Protected Employee(s) (or their representatives) cannot settle a dispute or controversy with respect to the interpretation, application, or enforcement of any provision of this Exhibit (other than those Sections of this Exhibit that provide for another means of dispute resolution) within thirty (30) days after the dispute arises, either party may refer the dispute to an arbitration committee. The affected Protected Employee(s) (or their representatives) may notify a Recipient of a dispute or controversy under this Section 8 to ensure compliance with 49 U.S.C. § 22905(c)(2)(B).
(b) Notice. The party referring the dispute to an arbitration committee shall notify the other party in writing of its intent to refer a dispute or controversy to an arbitration committee. (c) Selection of Members. Within ten (10) days of receipt of the written notice, each party to the arbitration shall select one (1) member of the committee, and the members thus chosen shall select an additional, neutral member to serve as chairman. If any party fails to select its member of the arbitration committee within the prescribed time limit, the general chairman of the involved labor organization or a senior officer designated by the Railroad or the Recipient, as the case may be, shall be deemed the selected member. Should the members be unable to agree upon the appointment of the neutral member within ten (10) days, the parties shall then within an additional ten (10) days agree to a method by which a neutral member shall be appointed; failing such agreement, either party may request the National Mediation Board to designate within twenty (20) days the neutral member whose designation will be binding upon the parties.
(d) Multiple Representatives. In the event a dispute involves more than one labor organization, each will be entitled to a representative on the arbitration committee, in which event the Railroad or Recipient may appoint additional representatives equivalent to the number of labor 695

32 organization representatives; provided, however, that the decision in such case shall be made by the neutral member.
(e) Decisions Binding. The decision, by majority vote except as provided otherwise in paragraph (d) of this Section, of the arbitration committee shall be final, binding, conclusive, and rendered within forty-five (45) days after the hearing of the dispute or controversy has been concluded and the record closed.
(f) Expenses. The salaries and expenses of the neutral member shall be borne equally by the parties to the proceeding, and all other expenses shall be paid by the party incurring them.

9. Classification of a Protected Employee. In the event an employee (or their representatives) cannot settle a dispute or controversy with the Railroad or the Recipient as to whether or not a particular employee would be affected by a Project, either party may refer the dispute to an arbitration committee within thirty (30) days after the dispute arises pursuant to the arbitration procedures in Section 8. For any such dispute, the employee of a Railroad shall have the burden to identify, with reasonable specificity, the Project that allegedly affected them, and to specify the pertinent facts of that Project, including the change or changes resulting from the Project that allegedly affected them. The burden shall then shift to the Railroad or Recipient to show that factors other than a change resulting from the Project affected the employee. The employee shall prevail on this issue if it is established that the Project had an effect upon the employee, even if other factors also may have affected the employee.

10. Resolution of Disputes for Non-Bargaining Unit Protected Employees. Any Protected Employee who is not represented by a labor organization shall be afforded substantially the same levels of protection as are afforded to members of labor organizations under this Exhibit. In the event any dispute arises between a Railroad and an employee not represented by a labor organization with respect to the interpretation, application, or enforcement of any provision of this Exhibit that cannot be settled by the parties within thirty (30) days after the dispute arises, either party may, as an alternative to the dispute resolution procedures outlined in this Exhibit, refer the dispute within ninety (90) days after the dispute arises to the Secretary of Labor for determination. The determination of the Secretary of Labor, or their designated representative, shall be final and binding on the parties.

11. Severability. In the event any provision of this Exhibit is held to be invalid or otherwise unenforceable under applicable law, the remaining provisions of this Exhibit shall not be affected.

696

33 EXHIBIT C: QUARTERLY PROJECT PROGRESS REPORTS AND RECERTIFICATIONS 697

11. Certification: By checking this box, I certify that I have reviewed this report and that, to the best of my knowledge, the report is complete, accurate, and meets the terms and conditions of the award.

1. Report Submission Date (mm/dd/yy): 2. Report Quarter: 3. FFY:

B. Overall Project Status
a. Status b. Explanation

12. Scope

13. Schedule

14. Budget
1 A. Submission Information

4. Agreement Number 5. Project Title 6. Project Type

7. Completed By (Name) 8. Title 9. Email 10. Phone

15. Significant Activities this Quarter 16. Significant Activities Planned for Next Quarter Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2130-0615. Public reporting for this collection of information is estimated to be approximately 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer (RAD-20), Federal Railroad Administration, 1200 New Jersey Avenue, Washington, DC. 20590.

Expires 01/31/2025 OMB Control No. 2130-0615
FRA F 34

FRA GRANT/COOPERATIVE AGREEMENT
Quarterly Progress Report
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C. Financial Status
Reimbursement Forecast

25. Planned Reimbursement Requests to FRA 26. Unliquidated Obligations 25 a. Next Quarter 25 b. Next Four Quarters
(Cumulative)
26 a. Any reported
on this quarter’s
SF-425?
26 b. Explanation
2 18. Budget
Changes? 18 a. Status 18 b. Explanation
Budget Status
Expenditures and Reimbursement Status
Funding Source Actual Expenditures this Quarter

19. FRA Grant:

20. Grantee Match:

21. Other Federal Funds:

22. Total:

23. Accomplishments Related to Expenditures in this
Quarter

24. Accomplishments Related to Expenditures in other
Quarters (if applicable)

17. Amendment
Request? 17 a. Status 17 b. Explanation
FRA F 34 (4/2021)
Yes N/A
Yes N/A
$ 0.00
No
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If your project contains one or more of the following components, please report on all that apply:

Completion Date

27. Milestone Name 28. Status 29. Planned 30. Actual

31. Change
to Status? 32. Status Notes
All Projects
27 a. Award of SubContract(s)
27 b. Project Work Begun
27 c. Project Substantially
Complete
Projects with a Construction Component
27 d. Construction Notice to
Proceed Issued
27 e. ROW Acquisition
Complete
27 f. Construction GroundBreaking
27 g. Construction
Substantially Complete
27 h. Environmental
Mitigation Substantially
Complete
27 i. Ribbon-Cutting
Ceremony
27 j. Commencement of
Service
Projects with a Rolling Stock Component
27 k. Test Vehicle Complete
27 l. First Rolling Stock
Delivery
3 D. Major Milestones
mm/dd/yy
FRA F 34 (4/2021)
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700

40. Change to
Status?

39. Complete (%)
Completion Date
(mm/dd/yy)
36 37. Planned 38. Actual . Task
Started?

4. Task Name 35. Status3
Contingency (optional)

33. Task #
4 E. Statement of Work Task Status
Percent
FRA F 34 (4/2021)
1 Pre-populated Off-Track
Off-Track
Off-Track
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N/A
701
E. Statement of Work Task Status (Continued)
5 41. Status Notes
= Drop Down Menu
FRA F 34 (4/2021)
702
Proposal for the
Professional Design Services
RFP-24-085
Prepared by
Prepared for
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HARGRAVES GRADE SEPARATION - BANNING, CA

SAN JACINTO RETAINING WALL - AESTHETIC CONCEPT
INTEGRAL COLOR #1 CONCRETE

FLUTED FORMATION ACCENT

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FORMATION ACCENT

MEDIUM SANDBLAST FINISH
Professional Design Services
City of Banning  RSCAORNG002509.2024 i
Table of Contents
Cover Letter.................................................................................................................................................... 1 A. Statement of Understanding and Approach .............................................................................................. 5 B. Company Information .............................................................................................................................. 63 C. Company Personnel ................................................................................................................................ 66 D. Disclosure .............................................................................................................................................. 100 E. Experience and References ................................................................................................................... 101 Appendix .................................................................................................................................................... 112 Draft Redline Scope of Work
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Cover Letter
November 12, 2024
Barbara Mason, Purchasing Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Re: Proposal for the Hargrave Grade Separation Professional Design Services, RFP No. 24-085 The City of Banning is dedicated to meeting the ever-growing needs of your community through multimodal initiatives focused on reducing congestion, improving safety, and driving economic growth through redevelopment. The Hargrave Grade Separation is another major step toward achieving your goal of providing safe facilities for all modes of travel including pedestrians and bicyclists, supporting local businesses, and in this case, providing a gateway to redevelopment.

The Kimley-Horn team, led by Darren Adrian, PE, is proud of our long history serving the City of Banning and the growing communities in Riverside County, providing innovative solutions and improving safety through similar projects such as the Sunset Grade Separation. We understand the significance of this project to the City and the community—our team is already hard at work to deliver your vision for a safe and efficient project. Together, we can create a Banning that is safer, more connected, and thriving economically.

It’s April 2031 at the City’s ribboncutting event. The east side of Banning is transforming with redevelopment. The
new Hargrave Grade Separation is now
the primary access point for residents and
new businesses, safely accommodating all
users—cars, trucks, buses, pedestrians, and
bicycles. Backups, delays, and the safety
concerns near the trains are a thing of the
past. There is also an increased sense of
pride as the aesthetics reflects the rich
history and beauty of the Pass Area. The
City celebrates another successful grade
separation—with help from their trusted
advisor, Kimley-Horn.
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The Kimley-Horn team is excited to partner once again with the City and deliver the success you envision for the Hargrave Grade Separation. We offer the City the following distinct advantages:

What Sets Kimley-Horn Apart
We know this community—meeting your needs will be our top priority. This part of the city is a mix of residential and industrial properties in a diverse and underserved community. Our team has worked on projects that improve the quality of life in this community for more than a decade—we have listened to your concerns and have a plan in place to address them while also meeting the City’s overall vision for the project. We will design a project that increases safety, reduces traffic congestion and delays, and improves emergency response times.

We have critical knowledge and experience on the adjacent projects. We have involvement in 11 projects adjacent to the Hargrave Grade Separation, including industrial development and transportation projects across three jurisdictions. Additionally, our experience on projects like the I-10 Bypass gives us extensive knowledge of community needs, environmental concerns, and city planning efforts. We will leverage this experience to optimize the design, minimize impacts to the schedule, and reduce construction costs.

We value our partnership with the City and proven success in Banning. We are proud of our work with the City in the successful delivery of your vision for the Sunset Grade Separation project. Our team obtained Caltrans NEPA approvals in just six months, saving the City $10M in federal funds. Our final design was innovative, cost-effective, constructible—and included amazing aesthetic features that captured the history of the community and beauty of the area. The City can count on us to deliver the same high quality, creativity, innovation, and unique aesthetics for the Hargrave Grade Separation.

Our innovative technical solutions will reduce costs and keep the project on schedule. To move the project through the approval process and secure the necessary funding, the Kimley-Horn team has already developed innovative solutions to many of the project’s key challenges while also providing cost savings and schedule efficiencies. These include unique strategies for addressing the rail vs. road profile concept, advanced planning for utility relocations, drainage system concepts, and structural solutions to name a few. We have cost and schedule saving solutions for the road profile, I-10 walls, utility relocations, drainage, and bike/ped facilities.

We have the relationships and experience to fast-track stakeholder approvals. We have extensive experience obtaining timely and efficient approvals from Caltrans, UPRR, FRA, RCFC & WCD, and Kinder Morgan which are crucial to the success of this project. With Caltrans D8 approvals for six interchanges, UPRR approvals for eight miles of track, a former FRA senior staff member on our team, and nationwide contract with Kinder Morgan, we are well-equipped to expedite the approval process. Our key staff will leverage their relationships and know-how to obtain stakeholder approvals quickly and efficiently.

Our Team
Darren Adrian, PE, will serve as project manager for the Hargrave Grade Separation. For more than 30 years, Darren has been involved in planning and designing more than 90 railroad grade separations, most of which involved UPRR. He has also worked closely with Caltrans District 8 on over 20 interchange modifications.

Darren’s extensive experience includes projects such as the Sunset Grade Separation, I-10 Bypass, Morongo Interchanges, and the Pennsylvania Avenue Corridor in the Pass Area, making him the ideal person to lead the Hargrave Grade Separation.
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Darren is supported by the following key team members who bring a wealth of experience from the Sunset Grade Separation as well as the projects adjacent to the Hargrave Grade Separation:

Jason Valencia, PE – as project manager, successfully led the PS&E phase of the Sunset GS project.

His experience and best practices from Sunset will be invaluable to the success of Hargrave.

Andy Sanford, PE – supported the UPRR bridge design and led the wall design under the I-10 Bridge on the Sunset GS; he also has experience on Caltrans rail structures including District 8.

Sam McWhorter, PE – led the storm drain design and utility relocation designs on the Sunset GS.

Austin Stake, PE (AZ) – current rail design lead on our Metrolink projects involving shared corridors with UPRR; he will make sure the project meets UPRR standards.

Michael Madsen, PLA, CLIA, ASLA – designed the aesthetics which were a stand-out feature of the Sunset GS.

Project Understanding and Approach
The Hargrave Grade Separation is one component of much needed transportation improvements on the east side of Banning including industrial developments which are driving the need improve transportation safety and provide direct access to the freeway. We have developed a unique approach to addressing every item on the City’s list of concerns and complex challenges—an approach that’s based on decades of history and deep knowledge of the Pass Area community. This means we will deliver success on this project similar to the Sunset Grade Separation, while also addressing the complex challenges surrounding the Hargrave Grade Separation, that only our team can bring. We invite you to review the many ideas and solutions that our team provides.

Darren’s strong ties to the community, having grown up in the City of Banning, and his previous work on the I-10 Bypass project have allowed him to establish valuable and trusted connections with stakeholders, property owners, and the general public. Darren’s unmatched experience and insight will greatly benefit his leadership of the Hargrave Grade Separation project.

Our team also includes the following subconsultant partners for specialty services. We have established relationships and a proven track record with each firm, ensuring synergy and high-quality services for the Hargrave Grade Separation:

LSA (Environmental). We have worked with them on multiple exempt railroad grade separations and they know the area from their work on the I-10 Bypass and City traffic projects.

Paragon (Right-of-Way). They specialize in right-of-way for railroad grade separations and served as the right-of-way manager for the Alameda Corridor East grade separation program.

Earth Mechanics Incorporated (EMI) (geotechnical investigations). They provide the detailed analysis and data needed to refine structural design and they know Caltrans and UPRR requirements.

Avant-Garde (funding and public outreach support). They know funding programs, work with our designers for project features that attract funding and know Caltrans Local Assistance requirements.

Saylor Consulting (construction scheduling and constructability reviews). They have specialists with construction and construction management experience. 707

HARGRAVES GRADE SEPARATION - BANNING, CA

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Project Experience
As a national, full-service consulting firm, Kimley-Horn’s experience is extensive. We are proud of the success we delivered for you on the Sunset Grade Separation. In addition, we currently have two nearby grade separations in construction: the McKinley Grade Separation in Corona and the Fullerton Grade Separation in the City of Industry. Kimley-Horn is the record designer for most of the work on both projects, which is the primary service you are seeking for the Hargrave Grade Separation.

In addition to our strong portfolio of grade separations adjacent to Caltrans facilities, we are currently in the final stages of completing several projects with the Southern California Regional Rail Authority (SCRRA) on the Metrolink system. This involves over six miles of double tracking which includes grade separations, grade crossings, and numerous other elements along shared UPRR corridors. As prime consultant, we are uniquely positioned to accomplish the functions that you require on the Hargrave Grade Separation.

We are excited for the opportunity to partner with the City of Banning to successfully deliver on this important grade separation project. Should you have any questions or require any additional information during the RFP review process, please contact me at the information provided below.

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Darren Adrian, PE
Project Manager/Senior Vice President
714.705.1304 | [email protected]
Required Statements:

Kimley-Horn has reviewed and understands the elements in the RFP and intends to perform the services as described in the RFP and this proposal.

Kimley-Horn’s qualifications related to railroad grade
separations and the depth of our resources as a national firm are summarized above and further described in this proposal.

Kimley-Horn has reviewed the Sample Agreement and
modifications provided in the Q&A that are intended to bring the agreement in compliance with CA Civil Code 2782.8. With this addressed, we are willing to execute the agreement.

Darren Adrian will be the single person for contact during the RFP review process.

GUIDE TO EVALUATION CRITERIA
1 Qualifications
Experience 2 (Projects of similar size/scope)
3 Professional References
4 Approach and Methodology
Value Added Services 5 (Submitted Separately)
Pricing 6 (Submitted Separately)
Click on each topic below to be
directed to that section. To get back,
simply click on the icon in the lower
right corner of the page.

GUIDE TO

EVALUATION

CRITERIA
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A. Statement of Understanding and Approach
Understanding
The Hargrave Street at-grade crossing (Hargrave Grade
Separation) has been a top priority for the City since the early 2000s. It was part of the Grade Separation Priority Study for Alameda Corridor East in Riverside County and has consistently remained in the Priority 1 Group since 2012.

With over 17 trains per day on the UP (Yuma Main) double track, traveling at speeds up to 60 mph on a steep railroad downgrade, safety is a big concern--this project will address these safety issues.

Hargrave Street is currently a two-lane road classified as a Secondary Highway carrying over 25,000 AADT with no
pedestrian facilities at the railroad crossing. The City’s General Plan Street System shows a potential realignment of SR 243 through Hargrave Street, which would route additional traffic volumes to this area.

The surrounding area has a mix of aging residential and industrial development with underserved racially diverse communities. In addition, these communities are bisected by the I-10 Freeway and railroad. These conditions create a hot-spot for vehicle, pedestrian, and train conflicts. They also impede emergency response access, creating concerns for the community as well as challenges addressing the wildfires which are a high risk in the Pass Area.

The City is moving forward with industrial redevelopment in this area, most notably the conversion of the airport. Adjacent stakeholders, such as the Morongo Band of Mission Indians (Morongo) and the County also have plans that include development and supporting transportation projects. All these planned developments depend on Hargrave Street as a primary access point to the I-10 freeway. These challenges will be addressed with the Hargrave Grade Separation. The City envisions the new grade separation will be similar to the recent successful grade separation at Sunset Avenue. This will require lowering Hargrave Street and the impacted freeway ramps between Ramsey Street and Lincoln Street. Impacts to the railroad, residents, and businesses in this area during construction need to be minimized. The project has funding through the design phase with the local WRCOG TUMF program, a Railroad Crossing Elimination (RCE) grant through the FRA, and SB 125 funds passed through the County of Riverside.

The City recognizes the complexity of the project and will require a team that can design the project and support the City with funding compliance, public outreach, and seeking construction funds.

Conditions at the Hargrave St. crossing result in delays and significant safety issues.

Project Benefits:

Reduces congestion
Improves traffic flow
Lowers greenhouse gas emissions
Improves safety
Improves disaster preparedness
Improves racial equity in povertystricken neighborhoods Increases job opportunities
The Kimley-Horn team will design a project that meets ALL your project goals:

Maintain an environmentally exempt project (SE/CE).

Coordinate with adjacent planned developments, especially the airport redevelopment area.

Deliver a grade separation that minimizes road closures and impacts to the residents and businesses.

Minimize impacts to the UPRR.

An aesthetically pleasing project that sets the trend to improve and revitalize the east side of Banning.

Provide effective public outreach to maintain public support.

Assist with funding compliance and seek construction funds. 709

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Potential Future Street Improvements
Wilson St
Lincoln St
Westward Ave
Nicolet St
First Industrial Way
Hargrave St
Hargrave St
Future Coachella Valley Rail Line
Morongo Interchange Improvements
Sketchers
I-10 Bypass
First Hathaway Logistics
Banning Commerce Center
Future Morongo Industrial Park
Airport Redevelopment Area
25 Banning
Estes Express Terminal
10 Rancho San Gorgonio
Future Cottonwood Road Interchange
Hargrave Grade Separation – The Gateway to Redevelopment 710

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Approach and Methodology
To accomplish the project goals, Kimley-Horn offers the City a consultant team with a strong track record of design and approvals of similar projects, and understands the community, planned adjacent projects, and all the dynamics associated with redevelopment of the southeast side of the City. The following topics demonstrate the unique advantage the Kimley-Horn team brings that will make this project successful.

We have organized our approach to address the major topics within the Scope of Work. The following shows how this is ordered within this section.

Project Administration
Design (Data Collection, BODD, Concept Development, PS&E) Environmental
Right-0f-Way
Coordination, Agreements & Permits
1 2
3 4
5 GUIDE TO APPROACH
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1. Project Administration
Our project manager Darren Adrian, PE knows that
effective project management is critical to achieving
project success. His extensive experience delivering
similar grade separation projects requiring close
coordination with UPRR and Caltrans is unmatched.

Darren and his team will do the heavy lifting, serving
as a true extension of City staff. His hands-on
approach to managing this project is comprised of
seven equally important functions that support the
project’s progress and ultimately, its success.

1. Effective and Ongoing Coordination
with the City

2. Coordination with External Stakeholders

3. Coordination with the Internal Team

4. Workflow and Schedule Tracking

5. Budget Tracking

6. Risk Management

7. Quality Assurance/Quality Control (QA/QC)
Effective and Ongoing Coordination with the City – Darren and the team will maintain ongoing communication, including regular project updates, to Nate Smith, PE and his designated staff. This will include meetings, phone conversations, emails, schedule updates, and a deliverable tracking matrix.

Coordination with External Stakeholders – The monthly
Project Development Team (PDT) meetings serve as a time for more formal project status reports to the PDT. Additionally, we will conduct focus meetings with specific stakeholders or City departments to proactively address and resolve any anticipated issues. Each meeting is planned with a specific strategy, goal, and outcome aligned with the project objectives.

Below is a list of each key project stakeholder, their concerns, and Kimley-Horn’s approach to addressing their concerns. Our 15+ years of experience coordinating with stakeholders and delivering projects throughout the Pass Area provide a solid foundation for the success of this project.

Project Manager with Strong Ties to the Pass Area
Having grown up in the City of Banning, Darren cares deeply about this community. His commitment to the project is as much personal as it is professional. He will leverage his 33 years of experience working on major transportation projects in Riverside County to efficiently manage and successfully deliver this project.

Rail
Municipal
Roads
Caltrans
Interchanges
Wilson Ave Hargrave Grade
Separation

ITERATIVE

COMPROMISE

BALANCE
Darren will proactively manage all three primary elements of the Hargrave Grade Separation, reducing schedule
delays and preventing cost overruns.

Darren has recently worked with all
of these stakeholders, earning their
trust. This offers distinct advantages
for coordination, as he is not perceived
as an “outsider” which is often a
challenge when implementing major
infrastructure improvements in a closeknit community.
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Stakeholder Project Role Primary Interests Kimley-Horn Team Approach City of
Banning
Owner/Sponsor Completing the design and construction
of the project on time and within budget.

Avoiding impacts to the community during
construction.

Implement our proven schedule and
budget tracking
Leverage our knowledge of the
community and adjacent projects
FRA Federal Funding Compliance with grant funding agreement. Leverage our knowledge of FRA and previous FRA staff
Caltrans Jurisdiction over I-10
and interchange
Remaining within proper Caltrans process
and avoiding non-standard features.

Leverage our current experience with the
new DEER process and reference the Sunset
Grade Separation and other recent projects
UPRR Approvals for all work
within UPRR R/W
Avoiding impacts to train operations and not
precluding future expansion/improvements.

Provide win-win solutions based on our
current projects and the Sunset Grade
Separation
Morongo Adjacent jurisdiction
with major development
plan
Coordinate timing of their planned
development for Section 12 West.

Leverage our current work with Morongo
on Section 12 West to coordinate a win-win
solution
Utility
Agencies
Companies with
jurisdiction over
their utility
Obtain access to Section 12 West in
coordination with the timing of their planned
development.

Leverage relationships and knowledge of
the area on adjacent projects.

Engage our staff who work with Kinder
Morgan
Emergency
Services (CHP,
Police, Fire)
Use Hargrave Street
for access to serve the
community
Maintaining response times during
construction. Providing a safe facility that
allows emergency vehicle access.

Coordinate alternate/detour routes early.

Develop TMP measures in partnership
with emergency services.

RCFC & WCD Jurisdiction over Line
G south of Westward
Avenue
Changes upstream having an impact to their
system downstream.

Confirm concept early and complete the
drainage calculations for approvals
Environmental
Resource
Agencies
Jurisdiction over
permitting
Impacts to environmental resources, such as
bio, hazmat, noise, cultural, etc.

Leverage previous work in the area and
agreed-upon solutions with resource
agencies
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Coordination with the Internal Team – Our internal team is comprised of Kimley-Horn staff and subconsultants with recent experience working together on similar projects. We will hold weekly all-hands meetings as needed through all project phases. For technical specialty items, we will hold internal workshops with key team experts.

The table below list the various meetings which will be scheduled to ensure the City and stakeholders remain fully informed throughout the project and have ample opportunities to provide input:

Meeting Type Frequency Objective
City Staff/PM As Needed Regular status updates, meeting prep, meeting debriefings, follow-up, etc.

PDT Monthly Report project status to the PDT, review Risk Matrix and Action Items.

Stakeholder Focus As Needed Accomplish established meeting objective to advance the project within the schedule and budget.

Internal Team Check-In Weekly Monitor work status and coordinate between disciplines.

Technical Focus As Needed Solve technical issues and identify cost and schedule savings.

FRA Update/Coordination Monthly Keep FRA up-to-date and coordinate any outstanding items.

Staff Planning Weekly Secure proper staff to meet the schedule and quality objectives.

Budget Tracking Semimonthly Review current budget status and cost-to-complete.

Project Review Quarterly Big picture review of project success and client satisfaction.

Quality Calls/Quality Visits Semiannual Independent check-in with client to verify client satisfaction and obtain input.

Workflow and Schedule Tracking – Understanding proper workflow to obtain input and keep the approval process on track is critical to the success of the project. We will manage the workflow and durations shown in our schedule at least monthly to assure the project follows the correct sequence that the process requires. One of the tools we use to assist with this is a Workflow Diagram. The condensed version on the following page will be expanded upon in our Project Work Plan (PWP) and reviewed with our Gant Chart Schedule at monthly PDT Meetings.

We have already developed a detailed project schedule showing tasks, subtasks, and agency reviews that can be found at the end of the Approach section. Our approach is to establish an agreed-upon Target Schedule, which includes obtaining concurrence from stakeholders on review periods. Our team track progress at least monthly. If a task can be started early, our team moves forward to help provide schedule contingency should something unforeseen come up. We also monitor schedule risks monthly as part of risk management.

The following page shows a condensed version of the schedule along with the Workflow Diagram described above. This demonstrates major milestones and important items along the way for project success. The expanded schedule at the end of this section shows the details and identifies risks that will be managed according to our PWP.

Kimley-Horn’s organized
approach and adherence
to the schedule,
especially submittal
milestones, stands out
from the others.
- SCRRA Staff
Our core team’s preference to work collaboratively in the office offers many advantages on large, multidisciplinary projects like the Hargrave Grade Separation. By having all major engineering functions in-house, we foster seamless team collaboration, synergy, creativity, and coordination. 714

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11 City of Banning  RSCAORNG002509.2024
2025 2026 2027 2028 2029 2030 2031
Jan Apr Jul Oct Jan Apr Jul Oct Jan Apr Jul Oct Jan Apr Jul Oct Jan Apr Jul Oct Jan Apr Jul Oct Jan Apr IV. D Data Collection
IV. E Basis of Design Memorandum
IV. F Concept Development and Project Approval
IV. G Environmental Documentation
35% PS&E
65% PS&E
95% PS&E
100% PS&E
IV. J Coordination, Agreements and Permits
IV. K Bidding Services
IV. M Construction
IV. C Project Administation and Management
IV. H Plans, Specifications, and Estimates
IV. L Construction Phase Funding
Key Milestones in FRA Grant Agreement
NEPA Completion
Preliminary Engineering Completion
Final Design Completion
Right-of-Way
Certification
Issued for Bid (IFB) PS&E
IV. I Right-of-Way
Data Collection Project Concept Approval 35% 65% 95% 100% IFB Procurement Bidding Construction Ribbon Cutting
Funding
Strategy
Funding
Apps
Environmental
Permit
Applications
Right-of-Way
Processing
Finalize
Permits and
Agreements
Environmental
Technical
Studies
Caltrans DEER
Approvals
FRA
Coordination
CPUC
Coordination
UPRR
Plans
NTP
Condensed Project Workflow Diagram
Condensed Schedule
DESIGN
Project Workflow and Schedule
Preliminary Design, Environmental,
and Final Design PS&E = 36 months
Public
Outreach
No 2
Public
Outreach
No 1
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Budget Tracking – Darren’s approach to budget controls is thorough and effective, giving the City peace of mind that this project will be delivered without cost overruns. We utilize our internal MIS project management tool for staff assignments and cost tracking, which is updated semimonthly. This ensures our staff is committed for the project duration and evaluated regularly to confirm the level of effort required. Additional staff can be added as needed through this same process. There will be no surprises—we notify the City immediately of any potential changes to scope.

Risk Management – We will develop a Risk Register, provide regular status updates, and obtain input in the monthly PDT Meetings. We will also develop mitigation strategies and conduct a more formalized Risk Review Meeting at two key milestones: the concept development/environmental studies phase and at the 65% design milestone. In the following table, we have identified project risks along with our proposed approach to address them.

Title Potential Impact Risk Statement Kimley-Horn Team Approach NEPA Lead Schedule FRA funding is the trigger for
NEPA; however, Caltrans is also
involved as they have jurisdiction
of I-10 and the interchange.

Confirm discussions with FRA and Caltrans.

Verify if formal delegation process is needed.

Clearly identify FRA actions and needs.

Not Compliant
with SE/CE
Schedule
Scope/Budget
Technical studies or other project
elements showing a need to do
higher level ED.

Use knowledge of the environmental concern with
wildlife agencies to maintain a SE/CE.

Project features must only be what’s required for the
grade separation.

Not Compliant
with Caltrans
DEER Process
Schedule
Scope/Budget
Not meeting an item on the DEER
Checklist potentially kicks out of
the process and into full oversight
with PSR, PA/ED, and PS&E.

Obtain exception for non-standard structures early in
the process.

Maintain all checklist items moving forward.

Discuss creative options if technically kicked out of
process (i.e. modified full oversight process).

Environmental
Resource Agency
Concurrence
Schedule, Scope/
Budget
USFWS/CDFW request a
Sediment Transport Study due to
downstream MSHCP concerns.

Provide drainage study that shows the major runoff
coming from the Ramsey Street Drain which is not
being impacted.

Caltrans
Approvals
Schedule
Scope/Budget
Delays in obtaining approvals or
expansion of scope.

Maintain schedule and hold workshops with Caltrans.

Layout the latest requirements with Caltrans at the
beginning and maintain this course throughout.

UPRR Approvals Schedule Delays in obtaining approvals   Segregate other activities to keep the project moving forward.

Recognize that UPRR will be one of the last to provide
approvals and work with them.

Kinder Morgan
Line
Schedule
Scope/Budget
Delays in getting Kinder Morgan
to the table and establishing the
solution
Engage our Kinder Morgan Designer’s to assist with
concept and contacts at Kinder Morgan.

Leverage our parallel coordination with relocations of
Kinder Morgan facilities in tribal lands.
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Title Potential Impact Risk Statement Kimley-Horn Team Approach Arco Station Schedule
Budget
Lowering of Hargrave Street
having adverse impacts on
access due to fuel pumps being
directly adjacent to the street.

Narrow the southerly driveway to show that revised
grades work.

Provide the option of additional circulation around the building as mitigation for narrowing the driveway.

Adjacent
Development
Timing
Schedule Adjacent development needs
and timing can have an adverse
impact on the project and create
doubt from the public.

Use our knowledge of adjacent developments to
coordinate configuration and timing.

Seek features that present cost-savings and reduced
impact to the community.

Coordination
with Adjacent
Transportation
Projects
Schedule
Quality
Adjacent project configuration
and timing can have an adverse
impact on the project and create
doubt from the public.

Use our knowledge of projects to coordinate
configuration and timing.

Seek cost-saving features that reduce impact to the
community.

Contractor
Availability
Budget If adjacent projects run
concurrent, available contractors
may be limited, leading to
increased bids and delays.

Monitor adjacent projects based on involvement
and history.

Track these projects and coordinate with the Hargrave
Grade Separation to optimize resources.

Lack of
Construction
Funds
Budget Inability to obtain adequate
construction funding.

Leverage our information and input for efforts on
adjacent projects to maximize our funding chances.

Engage political support from Morongo and the other
stakeholders in the Pass Area.

Quality Assurance and Control – We will compile a project-specific Quality Management System (QMS) Manual and execute our quality control procedures with internal team members and subconsultants. We will conduct the initial training upon initiating project work and implement quality assurance to confirm the process. The following graphic shows our comprehensive QA/QC review process which occurs before submitting deliverables.

1. Discipline Level Quality Control 2. Interdisciplinary Review 3. Final Review Quality Assurance / Quality Control Process

Q/A OVERSIGHT OF PROCESS

INDEPENDENT

REVIEWS

ORIGINAL QUALITY CHECK

REVISION BACKCHECK

TRAFFIC RIGHT OF WAY/

UTILITIES
CIVIL/

ROADWAY

DRAINAGE GEOTECH

STRUCTURES
WATER

QUALITY RAIL

ENVIRONMENTAL

COMPLIANCE
PM
REVIEW
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2. Design (Data Collection, BODD, Concept Development, PS&E) Adjacent Projects
Understanding planned adjacent projects and their potential impacts is critical to the success of the Hargrave Grade Separation. These impacts include everything from the project basis of design and specific design features, to timing, interim conditions, and potential impacts to the community.

The recent Sketchers building on the south side of I-10 and the construction of the Banning Commerce Center just across the freeway on the north side will have near-term impacts on Hargrave Street at the grade crossing and freeway interchange.

The airport redevelopment area will have the largest impact in the area. The airport closure has gone through legislative approvals and is moving faster than originally believed. If coordinated properly, this success could result in opportunities for the Hargrave Grade Separation. An example is the potential for coordinating the ultimate disposition of the adjacent Banning Industrial Park. If the long-term plan is to add this into the redevelopment area, this could be coordinated with the grade separation design to eliminate retaining walls and present a significant cost savings. The Kimley-Horn team is assisting Hillwood with processing for the airport closure which puts our team in the perfect position to help identify and coordinate opportunities such as this.

Morongo Band of Mission Indians (Morongo) recently brought on a developer to implement a new industrial park in Section 12 (west) that is directly adjacent to the airport redevelopment area. This development is currently planned to move faster than the airport redevelopment area, but it has a critical need for access, whether temporary or permanent. As the City navigates potential access options, it will be important to align the Hargrave Grade Separation with respect to timing and expected traffic volumes.

To support these developments and other regional needs in the area, there are several planned adjacent transportation projects. These include the I-10 Bypass, potential reconfiguration of the I-10/Ramsey Street (Cottonwood interchange), I-10 mainline improvements, and the Morongo interchange improvements. All of these projects will need to be coordinated with respect to timing and the ultimate traffic circulation along Hargrave Street and the interchange. These projects will ultimately act as a system within the project area and will need to be accounted for in the basis of design and critical design decisions needed on the Hargrave Grade Separation. For example, the initial data indicates the need for a six-lane facility along Hargrave Street; however, impacts to the adjacent properties would be severe, and there will be a desire to show long-term benefit with four lanes. With the I-10 Bypass traffic redistribution, the long-term benefit with four lanes may be clear since a portion of traffic will use the new roadway and not need to use Hargrave Street. The Kimley-Horn team addressed this exact situation recently on the McKinley Grade Separation in Corona where our team was able to show an ultimate configuration of four lanes instead of six in order to avoid major impacts and keep the project moving forward.

We proactively resolve potential schedule and budget impacts Our team has been involved with every major project which will influence the Hargrave Grade Separation— we will proactively identify and solve any challenges BEFORE they impact the schedule or future construction plans.

Airport Redevelopment
Hillwood currently estimates that
new development could be in the
ground within four years. This will
require close coordination with the
grade separation project.
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Caltrans Topographic Mapping
The RFP describes a two-step aerial mapping process so that design can commence before obtaining ABC Mapping approvals from Caltrans since this can take 4 to 6 months. Our Surveyor works with Caltrans District 8 as part of an on-call contract and proposes to obtain initial input on flight path from Caltrans to reduce or eliminate the need for flying the project site twice. The final approved ABC mapping may require recompiling or adjusting the initial data but would likely not require flying the site twice. This will present a cost-savings for the project.

Roadway Design
The Kimley-Horn team assisted the City with an initial design concept for project scoping and funding applications. This was based on available mapping and indicated a potential need to raise the tracks to accomplish the grade separation similar to the Sunset Avenue project. Since the relationship of the proposed roadway profile to the track elevation is so critical to the final scope of work, we recently conducted a drone scan to obtain accurate 3D points and better determine whether it was necessary to raise the mainline UPRR double tracks.

We have already solved your biggest technical challenge! The more accurate points revealed it is possible to obtain vertical clearance without extending the profile into Ramsey Street or raising the tracks. However, the existing foundations of the I-10 undercrossing structure are still a significant constraint.

Our team developed a concept that protects the existing footings and achieves the required vertical clearance without raising the tracks. This concept is consistent with Caltrans’ acceptance of a similar approach for the Sunset Grade Separation project, addressing concerns regarding the roadway profile, retaining walls, and protection of existing footings. (The Structures section below describes this approach in more detail.)
Benefit to
the City
9 6+ Month
Schedule
Savings
9 $10M+
Construction
Cost Savings
The exhibits on the following pages show the updated concept with additional information and notes indicating opportunities and constraints. Key elements of the concept are:

Maintaining the lowering of Hargrave Street
between Ramsey Street and Lincoln Street
(i.e. not extending into the intersection of
Ramsey Street).

Railroad bridge footprint and orientation to match
Sunset Avenue which has additional bridge space
to the south of the double track.

Minimize impacts to UPRR tracks.

Only impact freeway ramps up to gore areas.

Provide opportunities for hardscape and handrail/
fencing that aesthetically enhance the area.

We got a head start on design to save you time and money Our team’s initial design concept and drone scan for the Hargrave Grade Separation project will result in a three-month schedule savings and reduce the risk of design changes when the surveys come in. 719

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One of the challenges will be fitting necessary features for Hargrave Street within the constrained area under the freeway. The existing opening is only 60 feet. In addition, the existing abutment footings and angled piles create constraints for the location of walls.

Based on these constraints, lanes and shoulders will need to be narrowed (non-standard). Since there isn’t enough room for a separate Class II bike facility, there will be a need for creative options so that both the avid and casual bicyclist can safely pass under the freeway. Our team has come up with three potential options:

Option 1 - Sharrow with separate raised pedestrian sidewalk.

Option 2 - Raised path shared by pedestrians and bicyclist.

Option 3 - A combination of Options 1 and 2 to provide the avid and casual bicyclist the ability to take either path.

Our team was able to obtain Caltrans approvals for similar non-standard lane widths under the SR 60 freeway as part of the Fullerton Grade Separation project. We are also in process of obtaining approvals for bicycle use on sidewalks for a Caltrans facility along SR 90 in the City of Brea.

The existing I-10 Undercrossing structure does not allow room for the ultimate Class II bicycle facility. Our team has other viable options and will investigate with the City and Caltrans.

Option 2
Option 1
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17 City of Banning  RSCAORNG002509.2024
Consider increasing
radius of curb return
UPRR bridge abutments set
for ultimate six-lane facility
UPRR bridge
with ultimate
configuration to
match Sunset
Grade Separation
Reconstruct portion
of driveway to join
the lowered street
Maintain access to
Valley Food Service
and resident during
construction
Existing John Street –
to be vacated up to
realigned John Street
to east
Maintain drainage ditch
to east that connects
with Smith Creek
Potential barrier extension
along I-10 as requested
by Caltrans on the Sunset
Grade Separation
Opportunity: review traffic
circulation and access
around building and suggest
improvements, if needed
Provide
new curb
returns and
corner cut
Re-establish
access to alley
Partial acquisition for
widening of road
Provide connector
road to maintain
adequate fire access
Full property
acquisitions
Constraint: Lowered street
versus adjacent driveway/
fuel pumps
Solution: Shorten outbound
driveway and reconstruct up
to fuel pumps
Constraint: Lowered street
versus driveway/fuel pumps
Solution: Reconstruct portion
of driveway and join prior to
fuel pumps
Valley Food Service
Resident
Banning
Industrial
Park
Lincoln St
Hargrave St Hargrave St Plaza St John St Ramsey St
Opportunity: Shared accesss
to reduce impacts
Opportunity: Ground anchor
walls preferred by Caltrans
Opportunity: provide
secant pile walls
to reduce impact to
adjacent buildings
S
Opportunity: Investigate potential
shared path with bicyclist due to
bridge footings that limit area for
lowered road
10 Re-establish access around building
Opportunities and Constraints

BACK TO

RIGHT-OF-WAY
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18 City of Banning  RSCAORNG002509.2024
Lincoln St
Hargrave St Hargrave St Plaza St John St Ramsey St
10 UPRR

16.5’ MIN
Hargrave Street Plan and Profile
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City of Banning  RSCAORNG002509.2024 19
Hargrave Street and Connector Road – Typical Section South of UPRR Bridge 723

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16.5’ Min
Vertical Clearance
Hargrave Street – Ultimate Section Under UPRR Bridge
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City of Banning  RSCAORNG002509.2024 21
Existing I-10
Bridge Abutment
Type 60MD barrier (typical)
Retaining wall (typical)
60’

9.5’ 13’ 11’ 13’ 9.5’
Hargrave Street – Typical Section Under I-10 Freeway
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Rail Design
As mentioned previously, the Kimley-Horn team used the 3D drone data to engineer the relationship between the existing track elevations and the roadway concept profile. Our team is able to conclude that the existing track alignment (both horizontal and vertical) meets design standards and there is no need to raise or relocate the UPRR tracks. This approach accomplishes:

1. Simplified coordination
with UPRR.

2. Minimized disturbance of
UPRR Tracks.

3. Accelerated construction
of Railroad Bridge.

Similar to our other railroad projects, we will design shoofly tracks that satisfy UPRR design standards. The shoofly track construction and removal will represent the bulk of the work required within UPRR right-of-way.

Based on our initial evaluation, we have determined that the double shoofly tracks would be best routed to the north of the existing grade crossing. The benefits of constructing the shoofly tracks to the north include:

No impacts to
adjacent residents
along John Street.

This avoids the need
for a temporary sound
wall that would likely
present challenges
for removing.

Provides advantages
for construction
staging by allowing
the entire bridge to be
constructed adjacent
to the shoofly tracks.

Provides advantages
for construction
staging by combining
the bridge area
with the southerly
excavation and the
retaining walls to
Lincoln Street.

Maximizes time
that the freeway
interchange can
remain open for
access to the north.

Addresses drainage
issues that currently
existing between the
tracks and Caltrans
right-of-way.

Hargrave St
10 RR Bridge
Placing the shoofly tracks to the north takes advantage of available space and has many advantages over the south.
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Our concept has the advantage of avoiding the universal crossover by tying into the mainline tracks east of the point of switch and still maintaining or exceeding the minimum clearance to shoring at the bridge. As shown, much of the shoofly tracks to the east of the bridge can utilize a track shift of the existing mainline tracks to minimize procurement of track materials. We implemented this recently on our ACE Fullerton Grade Separation project and understand UPRR’s latest requirements for adjacent grading and allowable work windows for the shift.

In addition, there are existing drainage challenges on the north side of the tracks where runoff from culverts crossing the freeway are causing significant erosion in this area. This condition will be corrected with the shoofly tracks on the north by extending the existing track culverts and regrading for a more defined inlet condition. This can be left in place to improve drainage conditions within the UPRR right-of-way.

The existing hi-rail spur track to the north will be impacted by any shoofly configuration. UPRR will likely want to re-establish this upon removal of the shoofly tracks. If UPRR desires this to remain open during construction, there are options to permanently relocate the hi-rail spur track to the west of San Gorgonio.

On the Sunset Grade Separation, the UPRR decided to remove a similar track altogether which ultimately presented a cost savings.

See Rail Shoofly Exhibit on the following page.

Our team will look for cost-effective
ways to improve existing conditions. In
this case, our shoofly concept will also
correct a significant drainage issue
for UPRR.

Fitting shoofly tracks to the south would be challenging given the constrained space, especially with the raised track configuration, adjacent road/residents, and parallel drainage ditch.
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24 City of Banning  RSCAORNG002509.2024
UPRR
R/W
UPRR
R/W
10’
100’ 100’
20’
Varies 33’ Min.
12’ Min. 21’ 20’
Per UPRR Shoring (Typ)
Requirements
20’
(Typ)
Shoofly 1 Shoofly 2 Mainline 1 Mainline 2 Future
Mainline
Lincoln St
Ramsey St
John St
San Gorgorino Ave
Hargrave St
10 Banning Airport
Exisiting UPRR R/W
Extend Culvert with
Drainage Improvements
Shoofly Grading Limit
Existing UPRR R/W
Existing Universal Crossover to Remain
Extend Culvert with
Drainage Improvements
Maintenance Road
Existing Ground
Temporary Steel Casing
5’-6” Column
90” DIA CIDH Pile
Grade Trackside Ditch Temporary Shoring
to Mitigate Flooding
Avoid Need to Extend Box Culvert
Begin Shoofly
End Shoofly
Shift Track Up to
13’ Clear Point
Shift Track Up to 13’ Clear Point
CL Shoofly Track 2
CL Shoofly Track 1
Curve No. 3
V = 50/40 (P/F)
Dc = 0°30’00”
Ea = 3/4”
Ls = 100’
Curve No. 1
V = 50/40 (P/F)
Dc = 1°00’00”
Ea = 3/4”
Ls = 100’
Curve No. 2
V = 50/40 (P/F)
Dc = 1°00’00”
Ea = 3/4”
Ls = 100’
CL Mainline 1
CL Mainline 2 Provide Adequate
Tangent Distance
from Crossover to
Beginning of Shoofly
A
Section A-A
A
Our team was able to gain approval from UPRR
for the similar Sunset Ave Railroad Bridge
Rail Shoofly Exhibit
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Utilities
Based on our field walk, the RFP and other available information, we understand there are City sewer (15-inch) and water (14-inch), SoCal Gas (2-inch), and OH electric lines along Hargrave Street. We also understand there is a 20”/22” Kinder Morgan line along the UPRR right-of-way.

The challenge with the utility relocation strategy is related to construction staging in the constrained area with a desire to minimize roadway closures and increased construction costs. Our team has come up with two options.

We have a solid approach to your biggest utility challenge Option 1 – lower the sewer, water, and gas line in Hargrave Street. Since trenching depth are so deep, wider, stepped sections are required. The likely method would be to lower one side of the road under I-10 with shoring to protect the sewer line and place the new sewer, water and gas line within the lowered portion.

Excavate the other side and remove the old sewer line after cutovers are complete. This operation requires jack-and-bore under the active UPRR tracks and high-lining the water and gas lines. Closure of the interchange would be prolonged with this option. See Utility Relocation Options Exhibit at the end of the section.

Option 2 – consider a new utility relocation corridor that crosses under the I-10 freeway to the west of Hargrave Street to intercept the existing 15-inch sewer line paralleling I-10 from Franklin Street. It would require jack-and-bore under the freeway but could be less costly than lowering utilities in Hargrave Street.

It would also have less impacts on the community with shorter closure duration of the interchange than Option 1. The water line could be considered for jack-and-bore as well, but this has more flexibility for staging than the gravity sewer line and may not be needed. Our team recently received design approvals for a very similar situation on our Fullerton Grade Separation where we are using a UPRR minimum carrier pipe size of 30-inches for a 12-inch sewer line spanning the UPRR right-of-way. Our team will use this recent experience to expedite approvals. See Utility Relocation Options Exhibit at the end of the section.

Overhead Utility Lines
The Sunset Grade Separation project required early coordination with City Electric for relocation of major transmission lines along the west side of the street. Similarly, this early coordination and relocation will be required for the overhead lines along the west side of Hargrave Street. This facility can also be placed within the connector road between John Street and Plaza Street.

We’ve coordinated with all major utility companies
in the project area, reducing risks and costs.

Our team designed sewer and reclaimed water lines for the City on the Sunset Grade Separation. We have also successfully coordinated with all the major utility companies in the project area for the I-10 Bypass project including Kinder Morgan, City Electric, SCE, and SoCal Gas. This experience will help us reduce project risks and provide cost savings on Hargrave.

Utility contacts and working
knowledge established by the
Kimley-Horn team on the I-10
Bypass and Sunset Grade
Separation projects will help
reduce project risks and present
cost savings for the Hargrave
Grade Separation.
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Kinder Morgan Line
Based on our experience with Kinder Morgan lines within railroad right-of-way, the likely solution is to relocate this line to go under the lowered Hargrave Street.

One of the largest challenges
with third party utility companies
is getting their participation in a
timely manner. The Kimley-Horn
team offers a unique advantage
with this, as our team will be
working with the same utility
companies for relocations within
the adjacent tribal lands. This
includes Kinder Morgan, SCE,
SoCal Gas, and others. Not
only will our team have current
working relationships, but we
will be in a unique position to
consider bigger picture solutions,
either temporary or permanent,
which will benefit the project.

Kimley-Horn is currently contracted with Kinder Morgan to provide designs for relocations of their facilities very similar to what will be necessary on the Hargrave Grade Separation. We are currently doing this for a project in Arizona to go under a large drainage wash. Similar to this project, we anticipate doing a directional bore to lower the facility. This includes angling down on each side and maintaining a radius larger than 2,400 feet under the grade separation area.

Legend
Hazardous Liquid Pipelines
Gas Transmission Pipelines
10 E Lincoln St
E Ramsey St
Hargrave St
Kimley-Horn has staff who work directly with Kinder Morgan and will help our team coordinate and obtain approvals for relocation of the 20-inch oil line. 730

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2230
2250
2280
2310
2230
2250
2280
2310
7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

UTILITY RELOCATION CONCEPT
Existing 15”
Sewer Line
Existing Sewer Lateral
Existing
Sewer
Lateral
Existing
Sewer
Lateral
Jack and Bore under
I-10 Freeway
Option 2 –
15” Sewer Line
Relocation
Existing 15”
Sewer Line
Existing Ground
Note: Options 1 and 2 appear to have adequate fall to maintain positive flow Existing 15” Sewer Line
Existing 6”
Sewer Line
Existing 4”
Water Line
Existing 8”
Sewer Line
Existing 8”
Sewer Line
Existing 18”
Reinforced
Concrete
Box Culvert
Existing 8” Sewer Line
Existing 2”
Gas SCGC Proposed 2”
Gas SCGC
Proposed 2” Gas SCGC
Option 1 –
15” Sewer Line
Relocation
Option 1 – 15” Sewer Line Relocation Proposed Hargrave Street Proposed 15” Sewer Line
Proposed 14”
Water Line
Proposed 14” Water Line
Lincoln St
Lincoln St
MH MH
MH
MH
MH
MH
Hargrave St
Hargrave St
Plaza St
John St
UPRR
UPRR Crossing
Ramsey Street Ramsey St
Option 1 – Section A-A
A
A
10 10
Manhole
(MH)
Existing MH
Utility Relocation Options
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Drainage
Our team understands the nature of runoff in the Pass Area that generally flows to the south crossing under I-10 and routing within natural and graded ditches within railroad right-of-way. We evaluated this on the Sunset Grade Separation, and most recently at the Pennsylvania Grade Crossing in Beaumont. We are familiar with UPRR’s latest standards and requirements for drainage and cross culverts as the Pennsylvania Avenue project required several new culverts in UPRR right-of-way. This included a new culvert crossing under the mainline double tracks using jack-and-bore method.

These photos were taken during the large storm event in 2010 when Kimley-Horn started evaluating constraints for the Hargrave Grade Separation. Note the significant runoff upstream at Ramsey Street that ponds on the north side of the grade crossing.

In addition, our team performed a hydrology and hydraulic analysis of Smith Creek and the San Gorgonio River as part of the I-10 Bypass Drainage Study. This required analysis of the tributary area for the Hargrave Grade Separation area for the runoff going to the east adjacent to John Street and around the airport (referred to as Ramsey Street Drain system on the FEMA map).

Similar to the Sunset Grade Separation, we propose avoiding a pump station and extending a storm drain to the south. Based on as-bult plans dated 1991 and 2005, Line G along Hargrave Street extends from the outlet at Smith Creek up to Lincoln Street where it is plugged for future extension/buildout. Line G currently has active catch basins between Smith Creek and Charles Street. The portion from Smith Creek to Westward Avenue is maintained by RCFC & WCD, while the remaining portion up to Lincoln Street is maintained by the City.

Since the new sump for the grade separation will be lower than Line G at Lincoln Street, we anticipate needing a parallel system that maintains positive flow from the sump. This will extend to Barbour Street and join to the existing 36-inch RCP (City maintained portion).

We have tackled a wide range of drainage challenges in the Pass Area Our team’s extensive knowledge of the Pass Area’s runoff patterns, coupled with our recent experience conducting drainage studies for the I-10 Bypass project, puts us in a strong position to address the drainage challenges on Hargrave.
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Since the new sump area will collect runoff from the interchange and the railroad right-of-way to the west, it is possible that Line G will not have the capacity for the design storm event. If that is the case, the parallel storm drain could be evaluated to extend further south to a larger pipe section or underground storage could be provided at the sump area to detain the additional runoff so that the system can handle the design storm event. Our team implemented this concept on the 17th Street Grade Separation project in the City of Santa Ana. The concept includes a level of water quality treatment combined with underground detention.

If Line G cannot handle the runoff area coming from the sump, underground storage could be considered below the sump area on Hargrave Street. The diagram above shows optional pairing with water quality treatment. Our team implemented this approach on the 17th Street Grade Separation project in Santa Ana.
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Structures
I-10 Hargrave Undercrossing Modification
The existing Hargrave Street Undercrossing was originally constructed in 1954, widened to the inside in 1965, and then widened to the outside in 1968. The 1968 outside widening considered the future lowering of Hargrave Street under this structure by lowering the south side foundations of the widening 12 feet below the adjacent original structure foundations. Even with this future forethought the profile necessary to lower Hargrave Street and provide the required vertical clearance under the proposed overhead structure, while also providing the required cross section for vehicles, bicyclist, and pedestrians is difficult.

This profile will result in a finished grade below a portion of the original 1954 spread footings, requiring the construction of a ground anchor wall, located in front of these footings, to provide support both vertically and laterally. The north 1968 widening is expected to have sufficient cover over the top of the footings to provide the necessary lateral support, but a small soldier pile wall will be required to support the pedestrian walkway with their vertical elements located in between the pile foundation.

The footing of the 1968 widening on the south side of the structure extends out the furthest at 6’-3” from the face of the abutment. This is the pinch point for the cross section that sets the location for the walls and limits space for traffic lanes. Vertical soldier pile elements will have to be positioned between the front battered pile and if necessary, ground anchors will be installed to provide lateral support.

This approach with carefully spaced pile elements and ground anchors is consistent with what Caltrans accepted on the Sunset Grade Separation. The construction method involves slot-cutting and CIDH pile placement before the road is excavated to assure the existing bridge footings are secure.

See I-10 Undercrossing Structure exhibit at the end of this section.

Grade Separation
The proposed grade separation will be located south of the I-10 freeway approximately 275 ft. south of the I-10 alignment. The grade separation will carry the existing UPRR double tracks over Hargrave Street and will provide for a future Hargrave Street geometry that will provide for three 12-foot lanes in each direction, one 12-foot median, two 6-foot shoulders and two 6-foot sidewalks. Columns that support the structure are anticipated to be located in the 12-foot median. With this geometry and high seat abutments located adjacent to the sidewalk, the result is a two-span structure with two equal spans of approximately 55’-5” each.

The grade separation will have an anticipated width of approximately 80 feet and will provide for the two existing UPRR tracks as well as a future track and maintenance road similar to what our team provided on the Sunset Grade Separation. The structure will cross Hargrave Street at a slight skew of approximately five degrees.

Our “Top-Down” construction method minimizes community impacts Our team designed the railroad bridge and tieback walls on the Sunset GS. We know the challenges posed by the existing I-10 structures in the Pass Area including potential construction impacts. For Hargrave, we recommend a “Top-Down” construction approach to minimize impacts to the community. 734

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Based on the anticipated span lengths provided above, two superstructure types have been identified as suitable for this structure and include rolled steel girders; and precast prestressed concrete adjacent box beam girders. The UPRR Grade Separation Guidelines Section 6.9.1 identify both of these structure types as being suitable for use but prefer the use of the rolled steel girders with steel plate deck. Once the geometry of the structure is finalized, a Type Selection Report will be prepared to evaluate each structure type and provide a recommendation.

Top-Down Method
The Top-Down construction method would use a secant pile style wall for the construction of the abutments.

This abutment style would utilize two different pile sizes that would intersect each other with a smaller diameter unreinforced pile and a larger diameter reinforced pile making up the cantilevered abutments and adjacent walls that will support the existing track. The benefit of this style of abutment is that it can be constructed from the top down, resulting in little to no shoring being required for the construction of these abutments.

The construction of the bent could also be completed from the existing grade using a similar top-down method. For the bent construction a temporary shoring box around the limits of the bent cap and temporary steel casings that would extend to below the level of the top of the pile foundations will be used. Use of these elements would allow for the construction of the larger diameter concrete piles, concrete columns and concrete bent cap with limited excavation, and shoring adjacent to the active shoofly tracks.

Once the bents and abutments are completed, the superstructure, with either rolled steel girder with steel deck plat or precast prestressed concrete girders could be placed. Once this is complete, the track can be reestablished back on its original alignment on the new structure. After the track is reopened on the structure then the excavation of Hargrave Street under the structure could begin.

This Top-Down construction method has the benefit to construct the bent and abutments without tall and expensive shoring directly adjacent to the active shoofly tracks.

Retaining Walls
For retaining walls adjacent to the I-10 Undercrossing structure within Caltrans right-of-way, we generally anticipate a Caltrans style standard Type 1 Retaining Wall. For the large retaining walls to the south of the railroad bridge along Hargrave Street adjacent to existing development, we anticipate a similar secant pile wall configuration using top-down construction as described above for the railroad abutments. For shorter walls to the south, it is generally more cost-effective to go with Caltrans style Type 1 Retaining Walls or similar cast-in-place walls.
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9.5’
39’
60’

9.5’

9.5’
2’
39’
60’

9.5’
39’
60’
39’
Section A-A
Section B-B
Section C-C
Plan View
Existing Bridge Foundations
Proposed Ground Anchor Walls
A
B
C
A
B
C
I-10 Undercrossing Structure
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Construction Staging
The key to construction staging is to minimize impacts to residents and businesses while optimizing the ability for a contractor to accelerate construction since additional time has more impacts on the community, typically results in higher bids, as well as poses a higher risk for claims and change orders. At this time, residents are the larger concern (versus businesses) as the southeast side of the city is primarily single-family homes and the residents are outspoken. Many have relocated to the Pass Area to avoid heavy traffic and congestion, and generally oppose projects if they believe they will result in increased traffic.

Depending on timing, the planned developments in the airport redevelopment area and surrounding area could present an increased need to address significant truck traffic. This is also a concern of the residents in the area as they are sensitive to truck traffic cutting through their neighborhoods creating increased noise and pollution.

Given that there are multiple traffic rerouting options to the west of Hargrave Street, construction staging will likely be able to consider a closure of Hargrave Street between the UPRR tracks and Lincoln Street for an extended period of time. Our team’s strategy will be to find the ideal balance for a street shutdown that minimizes impacts to the community while maximizing the contractor’s efficiency to complete the work.

If traffic forecast numbers come in higher than expected or if other concerns arise, such as response times for emergency vehicles through the adjacent detour routes, then a temporary detour road adjacent to Hargrave Street could be studied. This could be constructed just to the west of the excavation where the full property acquisitions are occurring. It would likely have additional impacts to properties, require a temporary grade crossing, and present challenges at the eastbound ramp intersection since the freeway bridge abutment is directly adjacent.

The work to the north at the interchange to lower Hargrave Street and the ramps will typically take less time than the work to the south that involves construction of the bridge, approach walls, and road lowering. For this reason, the interchange work can be overlapped with the south end work to minimize closures of both Hargrave Street and the interchange. Note that for the interchange work, the eastbound ramps can be closed first so the westbound ramps can remain open similar to how our team staged the Sunset Grade Separation.

See Construction Staging exhibit on the following page which demonstrates the basic stages with timeline.

We will minimize community impacts and schedule delays—saving you money The closure of Hargrave Street between the UPRR tracks and Lincoln Street has the potential to save approximately $20M and reduce the construction duration by 12 months.

If a closure of Hargrave Street
between the UPRR tracks and Lincoln
Street is feasible, this will save the
project approximately $20M and 12
months of construction duration.
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Area 1 Area 2 Area 3
Lincoln St
Hargrave St
Plaza St
John St
Ramsey St
10 Phase Location Year 1 Year 2 Year 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Phase 1 Area 1 2 Months Property Demolition/Clearing
Phase 2 All 8 Months Utility Relocations (Assumes Option 2 Sewer Relocation to the west) Phase 3 Area 1 6 Months Construct Shoofly Tracks
HARGRAVE STREET CLOSURE = 15 MONTHS
Phase 4 Area 1 Close Hargrave Street South of I-10 Interchange = 10 Months 9 Months Bridge and Wall Construction South of I-10 Interchange Phase 5 Area 1 6 Months Excavate and Construct Roadway South of I-10 Interchange UPRR Operations on New Bridge
Phase 6 Area 2
Close Eastbound I-10
Interchange Ramps
4 Months Lower Eastbound Ramps
Phase 7 Area 2 Potential to Open Eastbound Ramps for Access to/from the South 9 Months Construct Walls Under Freeway and Lower Roadway Phase 8 Area 3
Close Westbound I-10
Interchange Ramps
4 Months Finish Walls, Lower Westbound Ramps,
Finish Hargrave Street Up to Ramsey Street
Open Westbound I-10 Interchange Ramps
TOTAL PROJECT CONSTRUCTION = 27 MONTHS
= Task
= Construction Phase Duration
= Closure
= Open
Hargrave St
Construction Staging
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Aesthetics
The Kimley-Horn team is excited to partner with the City in developing an aesthetic theme for the grade separation that truly captures the character and scenic beauty of Banning. Drawing from our successful approach to aesthetics on the Sunset Grade Separation, we will propose cost-effective features that instill a sense of pride in the community. This will greatly enhance the redevelopment area and its adjacent residential communities.

Situated in the heart of Banning, the Hargrave grade separation presents an opportunity to not only improve vehicular and pedestrian circulation, but also create a memorable experience for residents and visitors passing through this gateway. We have developed concepts on the following pages which showcase unique themes the City may consider incorporating into the grade separation retaining walls, railway barrier fencing, and pedestrian barrier fencing. Working closely with City staff, City Council, and the public, we are prepared to further develop these concepts or create new ones to create a welcoming and visually striking Gateway to Redevelopment, one that celebrates the City’s rich heritage.

Our aesthetics will reflect Banning’s scenic beauty, creating a memorable gateway to redevelopment.

Drawing inspiration from Banning’s surrounding mountains and unique landscape, we will work closely with RCTC, the City, and community leaders to develop aesthetics that truly reflect the culture and spirit of Banning. 739

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HARGRAVES GRADE SEPARATION - BANNING, CA 10/24/2024

SAN GORGONIO RETAINING WALL - AESTHETIC CONCEPT

INTEGRAL COLOR CONTRETE RETAINING WALL PANELS

LIGHT SANDBLAST FINISH
STAINLESS STEEL ‘SNOW CAP’

ACCENT, PIN MOUNTED

CORTEN STEEL MOUNTAIN RANGE

ACCENT, LASER CUT
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San Gorgonio Retaining Wall Theme – Aesthetic Concept
The City of Banning is situated in the picturesque San Gorgonio Pass between two significant mountain peaks, Mount San Gorgonio (to the north) and Mount San Jacinto (to the south). The aesthetic design features in this rendering showcases the snowcapped peaks of San Gorgonio Mountain, or Old Greyback, the highest peak in Southern California. 740

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HARGRAVES GRADE SEPARATION - BANNING, CA 10/24/2024

SAN JACINTO RETAINING WALL - AESTHETIC CONCEPT

INTEGRAL COLOR CONTRETE RETAINING WALL PANELS

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STAINLESS STEEL ‘SNOW CAP’

ACCENT, PIN MOUNTED

CORTEN STEEL MOUNTAIN RANGE

ACCENT, LASER CUT
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San Jacinto Retaining Wall Theme – Aesthetic Concept
This rendering beautifully showcases the mountain and desert landscapes of San Jacinto Mountain, highlighting its topographical prominence.

These aesthetic wall treatments enhance both grade separation retaining walls and can be appreciated by travelers in either direction—this is where the “sense of place” comes to life.
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HARGRAVES GRADE SEPARATION - BANNING, CA 10/24/2024

RAILWAY BARRIER FENCING - AESTHETIC CONCEPT

BRIDGE STRUCTURE

METAL FENCING SCREEN

SAN GORGONIO PASS

PERFORATED COLORED METAL MOUNTAIN VISTAS SILHOUETTE

FENCE PANEL METAL RAILS AND POSTS

FOCAL CALIFORNIA POPPY LANDSCAPE

COLORED METAL ACCENT
Railway Barrier Fencing – Aesthetic Concept
The foothills boast iconic California features, offering a glimpse into the California landscape. The aesthetic design in this rendering celebrates the California State Flower, the California Poppy.
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VES GRADE SEPARATION - BANNING, CA 10

RIAN BARRIER FENCING - AESTHETIC CONCEPT

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COLUMN

STAINLESS STEEL CALIFORNIA QUAIL ACCENT

METAL RAIL AND POST FENCING

STAINLESS STEEL CABLES

CORTEN STEEL CALIFORNIA LANDSCAPE ACCENT
Pedestrain Barrier Fencing – Aesthetic Concept
The aesthetic design in this rendering highlights the key natural and plant elements of the desert landscape, and the California State Bird, the California Quail, creating a serene and secure environment for pedestrians to enjoy. 743

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Freeway Ramp Aesthetics
The aesthetic features of the Hargrave Grade Separation project are truly a celebration of the best aspects of Banning. They create a visually stunning display for both motorists and pedestrians passing through the gateway. Landscaping will play a vital role in seamlessly integrating the desert’s drought-tolerant landscape into the project, with accent boulders inspired by the nearby foothills adding visual interest. This project will greatly enhance the community by honoring the area’s unique setting, providing an attractive connection for vehicles and pedestrians, and celebrating the community’s resilience and commitment to embracing new enhancements in the “City of Endless Opportunity”. 744

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Hargrave Street Rendering showing Aesthetic Opportunities 745

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3. Environmental
The Kimley-Horn team includes the same staff who have worked with the City on many projects in the past, and most recently obtained NEPA compliance for a Complex EA on the adjacent I-10 Bypass project. Our experience and deep knowledge of the project area will result in efficiencies and the ability to expedite the schedule.

This project is anticipated to be a Statutory Exemption (SE) under CEQA and a Categorical Exclusion (CE) under NEPA. The City will be the CEQA lead agency and will require our assistance in preparing a Notice of Exemption (NOE). As outlined in the RFP, the lead agency for NEPA will be Caltrans. As noted in Article 4, Subtask 2.1, of the Grant Agreement with the FRA, the lead agency for NEPA will be the FRA and they would determine appropriate class of action. Caltrans has jurisdiction over the impacted I-10 Freeway ramps and will need to approve work performed in their right-of-way regardless of the NEPA lead. The FRA may delegate the NEPA lead to Caltrans since they are already involved. This occurred on the Colton Crossing project for which our team member, LSA, led the environmental. The other possibility is that FRA is the NEPA lead and the City and the Kimley-Horn team complete all NEPA documentation consistent with FRA guidance. Our team would work with both Caltrans and FRA to prepare the technical documentation using a single acceptable format. We will help the City confirm the NEPA lead at the beginning of the project so the proper format and processing of environmental technical studies is known.

The following summarizes the primary environmental disciplines which will require technical studies and the approach our team will take.

Traffic Studies - Our teaming partner, LSA, has assisted the City with traffic analysis for previous general plan updates; helped update the traffic fee component of the City’s Development Impact Fee (DIF) Program; and understands the General Plan Street System. LSA also helped the Kimley-Horn team with the traffic modeling for the redistribution of traffic on the I-10 Bypass project, which impacts traffic circulation along Hargrave Street.

Our approach is to use this knowledge and extensive data to provide adjacent project coordination and make critical design decisions based on the temporary and ultimate traffic conditions planned for the area.

Our NEPA approvals are efficient and quick
Our expertise in Caltrans and FRA-Led NEPA processes, along with deep knowledge of the project area, will help ensure efficient and quick NEPA approvals. We secured NEPA approvals for the Sunset Grade Separation in just six months. We also obtained NEPA approvals for the I-10 Bypass. 746

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The information our team has on the project intersections, such as these for the Banning Fee Program, will present a cost savings and assure coordination with other City programs.

In addition, an effective Transportation Management Plan (TMP) is needed to address traffic conditions during construction. For detouring around the project area, local traffic not accessing the freeway can be routed to San Gorgonio Avenue. Traffic accessing the freeway can be routed to 8th Street. If peak hour volumes are excessive at 8th Street, the detour can be extended to 22nd Street or even alternate at Sunset Avenue. Our team already has a traffic analysis of these intersections as part of the I-10 Bypass studies and will just need to obtain new traffic counts for updates.

Understanding the unique situations in the City will result in better solutions and help reduce City staff efforts. Our team has history in the area and will serve as an extension of City staff. One example is the temporary detour route along Lincoln Street. The City is concerned about impacts to pavement along this route as well as assuring safe pedestrian access with the additional traffic and paths that high school students use near the intersection with 8th Street.

Our team’s knowledge of the area will
help reduce City staff time as we will
truly serve as an extension of your staff.
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Safety and pavement condition are concerns for detour routes. This aerial photo shows the trail used by High School students between Barbour Avenue and Lincoln Street for access to the other side of I-10. Our team will propose project features to assure pedestrian safety as part of the TMP.

Cultural Studies - We will provide a routine Historic Property Survey Report (PSR) including an ASR, HRER, Native American Consultation, and associated documentation of coordination efforts pursuant to AB 52. Due to the deep excavations, there is a potential for paleontological impacts. To address this, we will provide a Paleontological Identification Report and Paleontological Evaluation Report (PIR/PER).

Biological Studies - While the project site is located within the Western Riverside Multi Species Habitat Conservation Plan (WR-MSHCP), based on our experience in this area and review of the WR-MSHCP, there is a concern for riverine/riparian habitat and downstream impacts in the Coachella Valley MSHCP related to sediment transport.

The drainage area that flows to the east along John Street/UPRR and then to the south into Smith Creek was studied extensively for our I-10 Bypass project. Additionally, our latest understanding of the airport redevelopment area as well as the Morongo Section 12 (west) development is that this natural channel through the respective properties will be maintained/protected. 748

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We will minimize impacts to this drainage with the Hargrave Grade Separation and point out the primary source of flow which is the Ramsey Street Storm Drain. The objective is to show the wildlife agencies that the Hargrave Grade Separation will not result in impacts to sediment transport along this drainage based on the relatively minimal runoff contributing to this drainage from the project area (i.e. the majority is coming from the Ramsey Street Storm Drain).

There is the potential for the presence of
habitat for burrowing owl (Athene cunicularia),
Marvin’s onion (Allium marvinii) and manystemmed dudleya (Dudleya multicaulis) due to project’s proximity to survey areas identified
in the MSHCP. Early coordination with the
Western Riverside Regional Conservation
Authority (RCA) and the resource/regulatory
agencies will confirm the level of analysis to
be completed to demonstrate compliance
with the MSHCP and identify appropriate
mitigation, if required.

Air Quality - As an exempt project we
generally anticipate planning the benefits
to air quality as it relates to removal of a
grade crossing and associated idling traffic.

Additionally, the project is exempt from
conformity under 40 CFR 93.126 (Railroad/
Highway Crossing) as a grade separation
that does not change the number of through lanes and does not change the channelization or signalization status of intersections at either end. Kimley-Horn will develop an air quality report consistent with the Caltrans SER to analyze the project’s construction and operational air quality impacts and document that the project is exempt from federal conformity.

Noise and Vibration - Sensitive noise receptors generally exist in the southwest quadrant residential area.

If the temporary shoofly tracks are constructed to the south of the mainline tracks closer to the residential area, there is a high likelihood that the noise threshold limits will be exceeded. This could result in a temporary noise wall that will likely be an attractive permanent feature by the local residents.

Our concept puts the shoofly tracks on the north side of the mainline tracks and will avoid noise and vibration impacts to the residents. This will also prevent the need for temporary or permanent sound walls.

The proposed project is considered a Type I project according to 23 CFR 772 and the Caltrans Noise Protocol because the grade separation consists of a vertical alteration. Therefore, a Noise Study Report following the Caltrans SER will be required. Kimley-Horn will prepare a work plan and coordinate with Caltrans District 8 noise staff to ensure the noise measurement locations and modeling assumptions are acceptable and to streamline the review process.

Our team has useful information on this drainage area that flows east and then south into Smith Creek.
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Hazardous Materials - The Kimley-Horn team will conduct a routine Initial Site Assessment (ISA) for the project area. Potential concerns are leaky underground storage tank (LUST) sites associated with the gas stations to the north as well as typical hazardous materials found within railroad right-of-way. The ISA will evaluate the potential for impacts to the project area from users along Hargrave Street and the rail corridor.

Our team documented similar sites within the area as part of the I-10 bypass project.

Water Quality - The project area is contained entirely within the Whitewater River Watershed, which is part of the Colorado River Basin, with the nearest receiving waters being Smith Creek. Our team is familiar with the requirements of this watershed through our recent environmental work on the I-10 Bypass project, which showed that there are no existing or proposed Total Maximum Daily Loads (TMDLs) for any of the receiving waters within the project area.

Compliance with the Municipal Separate Storm Sewer Systems (MS4) Permit will be a dual process.

Caltrans will require a Stormwater Data Report (SWDR) to comply with the MS4 Permit for work within their right-of-way. For the City portion, compliance with the Whitewater River Watershed MS4, a Water Quality Management Plan (WQMP) is required for Priority Development Projects. Since the grade separation project does not fit within one of the seven categories established in the guidance, a WQMP is technically not required; however, the MS4 Permit does require the project implement BMPs to the Maximum Extend Practical (MEP). Additionally, a Water Quality Assessment Report (WQAR) that follows the Caltrans December 2022 Water Quality Assessment Report Content and Recommended Format is proposed for work within the Caltrans right-of-way to support the DEER.

Based on the constrained project site, we will not be able to implement infiltration or larger scale bio-treatment. Instead, we will consider proprietary devices within Hargrave Street that treat pollutants from the paved surfaces (such as a Filterra system). We also anticipate providing measures to prevent erosion, such as rip-rap or rock slope protection, grading, and lined ditches/channels where appropriate. All of these features will be discussed with City staff to confirm the ability to provide maintenance. 750

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4. Right-of-Way
Our team has a thorough and in depth understanding of the right-of-way elements for the project. These can be divided into different categories with our approach and implementation for each described below. For all right-of-way processing, we are keenly aware and familiar with the requirements for Caltrans Right-of-Way Certification which is a prerequisite to construction contract advertising and award.

The following describes our approach to each impacted property. The proposed features described are also shown on the Opportunities and Constraints exhibit provided in the Roadway Design section.

Commercial Properties
There are four impacted commercial properties. This includes the two gas stations (Arco, Mobil) with convenience stores at the intersection of Ramsey Street and Hargrave Street. The Mobil service station appears to be undergoing a rebranding. This site also has a Churches Chicken restaurant associated with its operation. Additionally impacted are the Banning Industrial Park and Valley Food Service properties.

Among the most challenging parcels is the Arco station on the southwest corner of Hargrave Street and Ramsey Street. The challenge is the profile grade versus the existing driveway and the directly adjacent fuel pumps. This leaves very little room for grade changes associated with the lowering of Hargrave Street.

Rest assured that a concerted effort will be made to limit the interruption to business operations during and subsequent to construction, as well as limit the potential for a Loss of Business Goodwill claim – which in California is quite common. Communication and coordination with the owner/operator will take place to confirm petroleum and sundry delivery schedules to the site with the goal of maintaining a “window” providing maximum ingress/egress during construction.

Based upon site visits and accurate 3D data obtained by a drone scan flyover, we have determined that narrowing the southerly Arco station driveway on Hargrave Street will result in the ability to maintain outbound vehicular circulation and thereby minimize severance damages to the parcel. The driveway design will also enable continued usage of all existing fuel dispensers. Integrated in the design for this parcel will be improved circulation patterns around the primary building to assist with fuel delivery truck movements and vehicle movements in general. Designing and demonstrating a reconfiguration that works puts the City in a position that minimizes exposure for claims associated with Business Interruption, severance damages, and the aforementioned Loss of Business Goodwill.

The Mobile station on the east side of Hargrave Street has more room and the driveways can be reprofiled and lowered with adequate space to slope to the fuel dispensers. This property is similar to the Chevron station on the Sunset Grade Separation with respect to required grade changes adjacent to the fuel pumps.

The Banning Industrial Park also presents challenges due to the building located directly adjacent to the proposed retaining walls and a commercial driveway with truck loading dock roll up doors at 90 degrees to the subject driveway. The design concept we discussed with the City includes protecting the existing building with construction of a secant pile wall and shifting access to the south to be shared with Valley Food Service Our ROW experts ensure compliance and secure certification Our team successfully processed right-of-way needs for 14 grade separations projects including the Sunset GS. One of our team members is a former Caltrans HQ Chief of Real Estate and will help ensure overall compliance and secure the right-of-way certification.
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and a residential property. This design solution maintains direct access to Hargrave Street and incorporates a reciprocal easement between the users of the maintained driveway which is quite common with a shared ingress/egress point.

Our initial approach is to investigate the potential for the airport redevelopment limits to extend and include this complex. If it does, there could be a cost savings with the building removed prior to construction of the project. If this does not occur, we will meet with the three property owners to explain how common use, security, and maintenance of the shared driveway will be accomplished. All information learned from property owners and/or tenants will be considered and evaluated as a means to optimize design and efficiency.

Modifications for the Valley Food Service property include the new shared access agreement for its existing northerly driveway and design of the existing southerly driveway apron which will align to the new gradient of Hargrave Street.

Residential Properties
All impacted residential properties are south of the UPRR railroad right-of-way. Four properties are impacted on the west side of Hargrave Street and two on the east side. Both of the east side properties are adjacent northerly and southerly to the Valley Food Service property. The one to the north will need the changed access that will be shared with Valley Food Service and Banning Industrial Park as previously described. The second property is on the northeast corner of Hargrave Street and Lincoln Street and will require partial acquisition to accommodate the widened road, and a temporary construction easement to construct the project.

Two single family residential properties on the west side of Hargrave Street will require full acquisition to connect John Street with Plaza Street. We understand that the City is already advancing one of those acquisitions on the vacant lot. The other will require valuation and acquisition along with a State required Relocation Plan addressing the details and accommodations as it pertains to the displacement of the residential occupant. State and Federal regulation required relocation advisory services and assistance will be administered to the displaced occupant(s), as appropriate.

The remaining two properties on the west side of Hargrave Street closest to Lincoln Street will require partial right-of-way acquisitions to accommodate the widening of Hargrave Steet, and a temporary construction easement to accommodate construction of the project.

Caltrans Right-of-Way
The approach with Caltrans (District 8) right-of-way is to keep the ramp improvements within the existing State right-of-way and thereby have no acquisitions – permanent or temporary. Similar to the Sunset Grade Separation, we have determined that there exists adequate space to construct the project. As a result, the request of Caltrans is that an encroachment permit be issued at the end of the DEER process to address temporary access for construction. Any permanent or temporary right-of-way acquisition involving Caltrans on- or off-system land has the potential to “kick” the project out of the DEER process. There are a host of reasons, the least of which is extended time and uncertainty that is introduced if this were to occur.

Accordingly, the project design parameters and limits will avoid this pitfall.

Our team uses 3D perspectives to show
property owners what the final condition
will look like. This visualization typically
has a positive impact and helps with
negotiations.
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UPRR Right-of-Way
Similar to the approach with Caltrans right-of-way, there should be no acquisition of UPRR right-of-way. The established relationships our team has with UPRR personnel in Operations, Real Estate, Maintenance, etc. will serve to expedite all necessary measures (flagging, coordination, design approval, etc.) that will need to take place. The new grade separation crossing of UPRR right-of-way is addressed with agreements, typically in the form of a Maintenance and Operations Agreement. It is anticipated that retaining wall touchdown points and footings will be designed and accepted by UPRR and ultimately referenced and memorialized in said agreement(s). If the UPRR wishes to address matters differently, we have ample experience in these dealings and will endeavor to provide the least costly, most time efficient, and prudent manner in accommodating the UPRR.

City Street Right-of-Way
The right-of-way for the widened Hargrave Street will be obtained through the acquisition of permanent roadway easements as indicated for the properties previously mentioned. A new roadway and utility easement will be needed for the new connector road between John Street and Plaza Street. Our team will work closely with the City to assist with incorporating the newly constructed road into the City’s system of roads as well as provide recorded instruments (rights) to utility companies that have been relocated as part of the project.

In addition, our team is experienced with municipal street vacations and will coordinate closely with the City so that an official and proper vacation of a portion of John Street, east of Hargrave Street up to the newly constructed John Street, is carried out efficiently – if it is determined to be the most appropriate course of action.
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5. Coordination, Agreements & Permits
Caltrans Approvals
For approvals within Caltrans right-of-way, we anticipate the new Design Engineering Evaluation Report (DEER) process. This replaced the previous Permit Engineering Evaluation Report (PEER) process which we implemented on the Sunset Grade Separation. The Kimley-Horn team is one of the first in the state to implement the newer DEER process and we are currently implementing this process on four other projects in Southern California. We also led Caltrans approvals for the McKinley Grade Separation with Caltrans District 8 and the Fullerton Grade Separation with Caltrans District 7. The key to our strategy is keeping within the DEER process to prevent the project from being put into full oversight. This is determined through the DEER Checklist. The Hargrave Grade Separation will have no problems maintaining the first five criteria in the checklist. The challenge will be item no. 6 for the walls under I-10 that cannot be designed per Caltrans Standard Plans. The similar tie-back walls that our team designed for the Sunset Grade Separation were able to remain under the PEER process at that time. Our team had a similar situation come up recently with the DEER process on another project and were able to obtain an exception from Caltrans Headquarters.

We will discuss this issue early in the process with Caltrans and point out the similar exceptions they have given on other projects. Our knowledge of the new process, and similar situations we have successfully navigated through with District 8 staff, will lead to a solution that maintains the planned scope and schedule of the project.

Design Engineering Evaluation Report Application Checklist No. Criteria (as it pertains to Hargrave GS) True False Notes 1 Maintain Environmental SE/CE  Only provide features needed for grade separation 2 Single Build Alternative  Required for SE/CE
3 No CTC Action  No impacts to mainline I-10
4 No Caltrans R/W Conveyance  Keep lowered ramps within existing right-of-way 5 No FHWA Approvals  Maintain existing access points to I-10 6 No Structures that are not per Caltrans Standard Plans  Walls under I-10 for Hargrave lowering Risk: being kicked out of the DEER process based on Item No. 6.

Solution: Leverage our experience and knowledge of the new DEER process to obtain an exception and remain on schedule. Coordinate this with Caltrans early during the Concept Development stage and emphasize schedule constraints and project benefits, similar to our successful approach on the Sunset Grade Separation.

We are well-versed in Caltrans’ new process
Our team’s unmatched knowledge of Caltrans’ new DEER process and strong relationships with District 8 staff will help us maintain the scope and stay ahead of schedule. 754

HARGRAVES GRADE SEPARATION - BANNING, CA

RAILWAY BARRIER FENCING - AESTHETIC CONCEPT

BRIDGE STRUCTURE
Professional Design Services
City of Banning  RSCAORNG002509.2024 51
FRA Approvals
The Kimley-Horn team routinely processes projects through the FRA for approvals; we know their process and expectations. This involves grant funding compliance as well as NEPA Compliance if led by the FRA.

NEPA compliance for a Categorical Exclusion (CE) with the FRA requires environmental technical study approvals similar to what Caltrans requires when they take the lead on NEPA as delegated from FHWA.

UPRR and CPUC Approvals
Our team routinely provides coordination with UPRR for approvals using a proven approach. We work through Nick Vineyard, the UPRR Area Manager, to obtain design approvals and other necessary coordination.

Nick will provide comments and obtain input from his groups in Omaha including track, grading/drainage, structures and utilities/right-of-way. Our team already has insights of the types of comments and timeline from UPRR based on our recent work on our Metrolink projects and the ACE Fullerton Grade Separation currently in construction—this is part of Kimley-Horn’s core practice which will assure coordination with design disciplines and maintain urgency.

Examples of Kimley-Horn team’s current and past UPRR approvals:

1. Metrolink Simi Double Tracking (Nick Vineyard) – shared corridor with UPRR right-of-way for one track, five grade crossings, UPRR siding, industry spur track, and shared right-of-way at station platform.

2. Fullerton Grade Separation (Nick Vineyard) – raise UPRR double mainline tracks 8.5 feet, provide double mainline shoofly tracks.

3. Sunset Grade Separation (Kenneth Tom) – raise UPRR double mainline tracks 2.5 feet, provide double mainline shoofly tracks.

Similarly, our core staff routinely coordinates with the CPUC for similar GO88-B approvals which will be required for the Hargrave Grade Separation. In the project area, this involves Utilities Engineer, Sergio Licon. Our team has prepared five GO88-B applications for nearby projects in just the last 12 months. We will bring the CPUC in early with the virtual diagnostic meeting and then followed by the formal field diagnostic meeting. Through our Metrolink work, we have developed a process to obtain “informal” input from the CPUC on the GO-88B documents before the formal submittal which occurs later in the schedule so that the approval window does not expire. This informal input assures no delays in the process when approaching the Commission meeting date.

We will streamline the FRA approval process
We achieved FRA approvals in under six months for a local project, leveraging our trusted relationships with FRA and the expertise of a former FRA staff member who is now on our team. This experience and our relationships will streamline the FRA approval process.

Results-driven approach to negotiations with UPRR and CPUC We successfully negotiated with UPRR on the Sunset Grade Separation and are currently obtaining UPRR and CPUC approvals on four Metrolink projects including six grade crossings, two new grade separations, and over six miles of new double tracking. This approach will prove equally beneficial for Hargrave. 755

HARGRAVES GRADE SEPARATION - BANNING, CA

RAILWAY BARRIER FENCING - AESTHETIC CONCEPT

BRIDGE STRUCTURE
Professional Design Services
City of Banning  RSCAORNG002509.2024 52
Community Engagement
Our team has engaged with City Council and the public
about the Hargrave Grade Separation and understand that the project generally has support. Public outreach will still require a careful approach to maintain this support. There are currently many concerns about how the southeast side of the city will redevelop and how all of the supporting transportation projects will all fit in. The stakeholders, including landowners and developers involved with redevelopment, as well as emergency services and the school district are also concerned for how this will come together for proper access and timing.

The approach that has worked effectively for the residents and stakeholders in this area is to hold workshops where the team can educate the public about the project and gain input. This is where technical information on the project is shown along with schedule and potential impacts. Just as important will be reporting the latest on the adjacent developments and transportation projects with their timing and how they will be effectively coordinated to reduce impacts to the community.

Another focus area is making sure the media has the right information to properly educate the community through their outlets. Our team worked closely with David Heiss when he was with the Record Gazette to make sure he had accurate information about the I-10 Bypass. This can now be done with Editors Hector Hernandez and Kristy Loufek of the Record Gazette. Other media outlets can follow a similar process.

We care about this community and have a deep understanding of their needs As part of the I-10 Bypass, our team has worked closely with the communities in the project area—we know their concerns and priorities many of which are related to Hargrave. We will lead workshops to share project information and gather input to build consensus and support for the project.

With all of the projects in the southeast side
of the city, it will be key to properly educate
the community and understand them.

Our Project Manager,
Darren Adrian, is native
to the Pass Area and is
able to connect with the
residents and stakeholders
as he is not viewed as an
outsider. This proved useful
on the I-10 Bypass project
when coordinating with the
community in the southeast
side of the city. Darren was
able to gain the trust of local
residents and landowners
that were initially negative
towards the project.
• Hargrave Street at-grade Railroad Crossing
• Truck Traffic
• Cut-through Traffic
• Existing Pavement Conditions
Public Comments/Concerns
756

HARGRAVES GRADE SEPARATION - BANNING, CA

RAILWAY BARRIER FENCING - AESTHETIC CONCEPT

BRIDGE STRUCTURE
Professional Design Services
City of Banning  RSCAORNG002509.2024 53
Funding Support
As a full-service national firm, we are involved with local, state, and federal funding programs. In addition, we have added a funding specialist with Avant-Garde, who focusses on applying for and processing grant and funding applications for large transportation projects. Avant-Garde specializes in working with smaller municipalities, such as Banning, to seek funding, and once received, manage compliance. In addition, Avant-Garde’s staff works closely with Kimley-Horn as staff members have worked together for over 25 years. This relationship increases chances for success as the project needs and technical features are coordinated with the design team to attract funding.

Our team has all levels of funding covered. For local funds, Kimley-Horn is certainly familiar with the WRCOG TUMF program as we wrote the TUMF Credit and Reimbursement Manual and will use this knowledge to assure reimbursement is maximized in the program. The Kimley-Horn team has also remained close to the various City programs, including efforts to set up a funding district in the area.

State and federal funding are the larger sources, and our team is uniquely positioned. The Kimley-Horn team recently assisted the County with RAISE grant applications for the I-10 Bypass. This required pulling multiple sources of data to show the area’s disadvantaged community, diversity, transportation deficiencies, safety concerns, and relevant future projects. It also included focusing in on project elements and features that attract funding. Our team led a similar effort for Morongo for their interchange improvements, also addressing key elements of climate action. These efforts will provide our team with the information and approach necessary to seek construction funds for the Hargrave Grade Separation.

We are experienced in all levels of funding—our projects get built Whether through local, state, or federal funding, our team already has an abundance of information to support funding applications for construction.

Caltrans’ climate action principles are key elements for attracting larger funding sources, and the east side of Banning shows very well for accomplishing all of these. Our team has this information from our other efforts in this area and will use it to obtain construction funding for the project. 757

HARGRAVES GRADE SEPARATION - BANNING, CA

RAILWAY BARRIER FENCING - AESTHETIC CONCEPT

BRIDGE STRUCTURE
Professional Design Services
City of Banning  RSCAORNG002509.2024 54
One of the key elements for success with funding is garnering support from key stakeholders. Our team has the relationships and approach to obtain support from Morongo, the County, CHP, fire department, the Community of Cabazon, local businesses, and others. Our team even helped the previous District 5 Supervisor Hewitt with uniting the Pass Area to attract funding for major transportation projects as part of the Pass Area Mobility Projects effort. We recently helped engage Supervisor Gutierrez on projects in the Pass Area. Our team will implement all of these elements to obtain construction funding. As with many other elements of the project, we will truly act as an extension of City staff with these efforts.

Our team brings distinct advantages for managing existing funding sources and obtaining construction funding:

Our team will maximize TUMF reimbursement as we wrote the TUMF Credit and Reimbursement Manual Our team will assist with FRA grant compliance and seeking additional funds using our previous FRA staff that oversaw the funding and compliance program
Our team is familiar with TIRCP and the future plans for the Coachella Rail Line through this area and will assist with funding compliance and other coordination efforts We have recently applied for RAISE grant funding in this area and have all of the relevant data needed for the Hargrave Grade Separation
We have proven relationships that will help with key stakeholder support, such as Morongo, the County, CHP, fire department, the Community of Cabazon, and local businesses We have necessary elements of the bigger picture as we assisted the County Supervisor to unite the Pass Area and attract funding
758

HARGRAVES GRADE SEPARATION - BANNING, CA

SAN JACINTO RETAINING WALL - AESTHETIC CONCEPT
INTEGRAL COLOR #1 CONCRETE

FLUTED FORMATION ACCENT

HEAVY SANDBLAST FINISH
INTEGRAL COLOR #2 CONCRETE

FORMATION ACCENT

MEDIUM SANDBLAST FINISH
INTEGRAL COLOR #3 CO

FLUTED FORMATION ACCENT

HEAVY SANDBLAST FINISH
Professional Design Services
55 City of Banning  RSCAORNG002509.2024 759

HARGRAVES GRADE SEPARATION - BANNING, CA

RAILWAY BARRIER FENCING - AESTHETIC CONCEPT

BRIDGE STRUCTURE
Professional Design Services
City of Banning  RSCAORNG002509.2024 56
Scope of Work
Our team has reviewed the Scope of Work contained in the RFP and supplemented as requested. The following contains the complete list of tasks with a brief description of our proposed edits. Proposed edits include additional language to define items or better clarify what we intend and have based our fee upon. Items not included in the RFP scope but believed to be necessary, or potential to be necessary, are indicated as optional. For City convenience, we have included a complete redline version of these edits to the RFP scope of work in the Appendix of this proposal.

Task Scope Edits
Task 1 - Project Administration

1.1 General Meetings and Coordination Additional subtask which defines scope for day-to-day management of the Project.

1.2 Project Management Plan Added assumptions.

1.3 Quality Control Plan No additions or modifications.

1.4 Project Controls No additions or modifications.

1.5 Project Development Team Meetings Added assumptions.

Task 2 – Data Collection

2.1 Aerial Mapping Added assumptions to define mapping limits and supplemental ground survey scope.

2.2 Potholing Added assumptions for pothole repair.

2.3 Right-of-Way Base Mapping Added assumptions for mapping.

2.4 Utility Notification Added assumptions for agencies anticipated and notification process.

2.5 Utility Base Mapping Added assumptions.

2.6 Geotechnical Records Research
and Findings No additions or modifications.

2.7 Traffic Analyses Added assumptions to define analysis parameters and study areas.

2.8 Caltrans Traffic Reports Added assumptions based on our updated knowledge of Caltrans requirements and defined limits of the Caltrans Traffic Reports.

Task 3 - Basis of Design Document

3.1 Basis of Design Document No additions or modifications.

Task 4 - Concept Development and Project Approval

4.1 Geometric Concepts Added optional task for Caltrans Geometric Approval Drawings (GADs).

4.2 Bridge and Retaining Wall Concepts Added assumptions to define the Advanced Planning Studies (APS).

4.3 Project Concept Report Added assumptions.

4.4 Project Concept Approval No additions or modifications.

Task 5 - Environmental Documentation

5.1 CEQA Statutory Exemption No additions or modifications.

5.2 NEPA Added assumptions to define each of the NEPA technical studies.

5.3 Visual Impact Assessment (VIA) Added an optional task for a Visual Impact Assessment.

Our team has provided redline mode
edits to the scope of work to help
expedite completion of the agreement.
760

HARGRAVES GRADE SEPARATION - BANNING, CA

RAILWAY BARRIER FENCING - AESTHETIC CONCEPT

BRIDGE STRUCTURE
Professional Design Services
City of Banning  RSCAORNG002509.2024 57
Task Scope Edits
Task 6 - Plans Specifications and Estimates (PS&E)

6.1 Reports Added assumptions for the various technical reports.

6.2 Calculations Added assumptions to define the structural calculations.

6.3 Plan Preparation Added assumptions for the various sets of plans and to refer to the attached sheet count list.

6.4 Specifications Added assumptions defining the Standard Specifications, technical specifications, 35% specifications, and format.

6.5 Cost Estimates Added assumptions.

6.6 Construction Schedule No additions or modifications.

Task 7 - Right-of-Way

7.1 Right-of-Way Requirements Added assumptions to define Parcel Impact Memorandums.

7.2 Right-of-Way Maps No additions or modifications.

7.3 Appraisal Maps, Plats, and
Descriptions
Added assumptions to clarify right-of-way services and define number of plat and legal descriptions.

Task 8 - Coordination, Agreements and Permits

8.1 Union Pacific Railroad (UPRR) Added assumptions related to agreements.

8.2 California Public Utilities Commission Added assumptions to define anticipated approval requirements.

8.3 Caltrans District 8 Added assumptions to define anticipated approval requirements.

8.4 Riverside County Flood Control and
Water Conservation District Added assumptions to define anticipated approval requirements.

8.5 Utility Coordination No additions or modifications.

8.6 Community Engagement Added assumptions.

8.7 Resource/ Regulatory Permitting
(Optional)
Added assumptions to define potential regulatory permit requirements and scope to obtain permits (if necessary).

Task 9 - Bidding Services

9.1 Resident Engineer Pending File No additions or modifications.

9.2 Bidding Phase Support No additions or modifications.

9.3 Conformed Plans and Specifications No additions or modifications.

Task 10 - Construction Phase Funding

10.1 Construction Phase Funding Added optional task to support the City in obtaining Construction Phase Funding. 761
Detailed Project
Schedule
City of Banning  RSCAORNG002509.2024 76258

HARGRAVES GRADE SEPARATION - BANNING, CA

SAN JACINTO RETAINING WALL - AESTHETIC CONCEPT
INTEGRAL COLOR #1 CONCRETE

FLUTED FORMATION ACCENT

HEAVY SANDBLAST FINISH
INTEGRAL COLOR #2 CONCRETE

FORMATION ACCENT

MEDIUM SANDBLAST FINISH
INTEGRAL COLOR #3 CO

FLUTED FORMATION ACCENT

HEAVY SANDBLAST FINISH
Professional Design Services
59 City of Banning  RSCAORNG002509.2024
1 1 Key Milestones 1635 days Mon 2/3/25 Wed 7/2/31
2 NTP 0 days Mon 2/3/25 Mon 2/3/25
3 Project Concept Approval 0 days Fri 4/24/26 Fri 4/24/26 78 4 35% PS&E 0 days Wed 8/19/26 Wed 8/19/26 102
5 65% PS&E 0 days Fri 2/12/27 Fri 2/12/27 114
6 95% PS&E 0 days Thu 8/5/27 Thu 8/5/27 122
7 100% PS&E 0 days Wed 12/22/27 Wed 12/22/27 129
8 Issued for Bid 0 days Fri 3/3/28 Fri 3/3/28 133
9 Issued for Construction (Conformed Plans and Spec) 0 days Fri 10/6/28 Fri 10/6/28 187 10 Project Complete 0 days Wed 7/2/31 Wed 7/2/31 195
11 IV.C Project Administration and Management 774 days Mon 2/3/25 Fri 3/3/28 12 Project Kickoff Meeting 1 day Mon 2/10/25 Mon 2/10/25 2FS+5 days 13 Project Coordination, Meetings, and Controls 774 days Mon 2/3/25 Fri 3/3/28 2 14 Baseline Schedule 10 days Mon 2/3/25 Fri 2/14/25 2
18 Develop Project Management Plan (PMP) 10 days Mon 2/3/25 Fri 2/14/25 2 22 Develop Quality Management System (QMS) Manual 10 days Mon 2/3/25 Fri 2/14/25 2 26 IV.D Data Collection 290 days Tue 2/18/25 Fri 4/10/26 27 Aerial Mapping (Incl. Office Processing) 160 days Tue 3/4/25 Fri 10/17/25 28 Caltrans ABC Mapping 40 days Tue 3/4/25 Mon 4/28/25 2FS+20 days,12 29 Caltrans Review and Approval 120 days Tue 4/29/25 Fri 10/17/25 28 30 UPRR Right of Entry Permit 40 days Tue 2/18/25 Mon 4/14/25 2FS+10 days 31 Roadway Topographic Survey (incl. data processing) 40 days Tue 4/29/25 Tue 6/24/25 28,163 32 Railroad Topographic Survey (incl. data processing) 20 days Tue 4/15/25 Mon 5/12/25 30 33 ROW Research and Base Mapping (incl. fieldwork) 60 days Tue 2/18/25 Mon 5/12/25 2FS+10 days 34 Geotechnical Research (no fieldwork) 40 days Tue 2/18/25 Mon 4/14/25 2FS+10 days 35 Utility Information Requests 20 days Tue 2/18/25 Mon 3/17/25 2FS+10 days 36 Initial Utility Base Mapping 20 days Tue 4/1/25 Mon 4/28/25 35FS+10 days 37 Utility GPR Scanning (Level B) 40 days Tue 4/29/25 Tue 6/24/25 36 38 Traffic Analyses 275 days Tue 3/11/25 Fri 4/10/26 2FS+25 days 39 Collect Traffic Count Data 15 days Tue 5/20/25 Mon 6/9/25 47 40 Preliminary Traffic Analysis 30 days Thu 8/21/25 Thu 10/2/25 50FS-20 days,39 41 City Review Traffic Analysis Report 10 days Fri 10/3/25 Fri 10/17/25 40 42 Update Traffic Analysis 10 days Mon 10/20/25 Fri 10/31/25 41 43 Finalize Traffic Analysis Report 10 days Mon 11/3/25 Mon 11/17/25 42 44 Caltrans Traffic Reports 275 days Tue 3/11/25 Fri 4/10/26 45 Draft Methodology Memorandum 20 days Tue 3/11/25 Mon 4/7/25 2FS+10 days 46 Caltrans Review of Methodology Memorandum 20 days Tue 4/8/25 Mon 5/5/25 45 47 Finalize Methodology Memorandum 10 days Tue 5/6/25 Mon 5/19/25 46 48 Draft Volumes Forecast Report 40 days Tue 6/10/25 Wed 8/6/25 47,39 49 Caltrans Review of Volumes Forecast Report 20 days Thu 8/7/25 Thu 9/4/25 48 50 Finalize Volumes Forecast Report 10 days Fri 9/5/25 Thu 9/18/25 49 51 Draft ICE/ISOAP 40 days Fri 9/19/25 Mon 11/17/25 50
52 Caltrans Review of ICE/ISOAP 20 days Tue 11/18/25 Tue 12/16/25 51 53 Finalize ICE/ISOAP 30 days Wed 12/17/25 Fri 1/30/26 52 54 Draft Traffic Operations Analysis Report 40 days Tue 11/18/25 Thu 1/15/26 43 55 Caltrans Review of Traffic Operations Analysis Report 20 days Fri 1/16/26 Fri 2/13/26 54 56 Finalize Traffic Operations Analysis Report 40 days Mon 2/16/26 Fri 4/10/26 55 57 IV.E Basis of Design Memorandum 115 days Tue 2/18/25 Wed 7/30/25 58 Draft Basis of Design Memorandum 40 days Tue 2/18/25 Mon 4/14/25 2FS+10 days 59 City Review Basis of Design Memorandum 20 days Tue 4/15/25 Mon 5/12/25 58 60 Caltrans Review Basis of Design Memorandum 20 days Tue 4/15/25 Mon 5/12/25 58 61 Update per City and Caltrans Reviews 5 days Tue 5/13/25 Mon 5/19/25 60,59 62 FRA Review Basis of Design 20 days Tue 5/20/25 Mon 6/16/25 61 63 Update per FRA Review Comments 10 days Tue 6/17/25 Tue 7/1/25 62 64 Final Basis of Design Memorandum 0 days Tue 7/1/25 Tue 7/1/25 59,60,63 65 Stakeholder Concurrence 20 days Wed 7/2/25 Wed 7/30/25 64 66 IV.F Concept Development and Project Approval 185 days Thu 7/31/25 Fri 4/24/26 67 Project Concept Approval 185 days Thu 7/31/25 Fri 4/24/26 65 68 Update Geometric Concept 20 days Thu 7/31/25 Wed 8/27/25 32,33,31,63 69 Bridge and Retaining Wall Concept 20 days Thu 7/31/25 Wed 8/27/25 32,33,31,63 70 Exhibits (P&P, ROW, Utility, Structures) 20 days Thu 8/28/25 Thu 9/25/25 68,69,37 Key Milestones
2/3
4/24
8/19
2/12
8/5
12/22
3/3
10/6
7/2
IV.C Project Administration and Management
Project Kickoff Meeting
Project Coordination, Meetings, and Controls
Baseline Schedule
Develop Project Management Plan (PMP)
Develop Quality Management System (QMS) Manual
IV.D Data Collection
Aerial Mapping (Incl. Office Processing)
Caltrans ABC Mapping
Caltrans Review and Approval
UPRR Right of Entry Permit
Roadway Topographic Survey (incl. data processing)
Railroad Topographic Survey (incl. data processing)
ROW Research and Base Mapping (incl. fieldwork)
Geotechnical Research (no fieldwork)
Utility Information Requests
Initial Utility Base Mapping
Utility GPR Scanning (Level B)
Traffic Analyses
Collect Traffic Count Data
Preliminary Traffic Analysis
City Review Traffic Analysis Report
Update Traffic Analysis
Finalize Traffic Analysis Report
Caltrans Traffic Reports
Draft Methodology Memorandum
Caltrans Review of Methodology Memorandum
Finalize Methodology Memorandum
Draft Volumes Forecast Report
Caltrans Review of Volumes Forecast Report
Finalize Volumes Forecast Report
Draft ICE/ISOAP
Caltrans Review of ICE/ISOAP
Finalize ICE/ISOAP
Draft Traffic Operations Analysis Report
Caltrans Review of Traffic Operations Analysis Report
Finalize Traffic Operations Analysis Report
IV.E Basis of Design Memorandum
Draft Basis of Design Memorandum
City Review Basis of Design Memorandum
Caltrans Review Basis of Design Memorandum
Update per City and Caltrans Reviews
FRA Review Basis of Design
Update per FRA Review Comments
7/1
Stakeholder Concurrence
IV.F Concept Development and Project Approval
Project Concept Approval
Update Geometric Concept
Bridge and Retaining Wall Concept
Exhibits (P&P, ROW, Utility, Structures)