Cities Index.
Agenda packet

Coachella City Council
January 22, 2025

Document
Agenda packet
Meeting
January 22, 2025
Body
Coachella City Council
Pages
614
Original file
83.7 MB
Text extracted from the city's file for reading and search. Open the original on mccmeetings.blob.core.usgovcloudapi.net. That file is the official record.

City Hall Council Chamber
1515 Sixth Street, Coachella, California
(760) 398-3502  www.coachella.org
AGENDA

CITY COUNCIL CLOSED SESSION AND

REGULAR MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION FOUNDATION
January 22, 2025
5:00 PM – CLOSED SESSION
6:00 PM – REGULAR MEETING
In-Person Meeting
Location:

Coachella City Hall
Council Chamber
1515 Sixth Street
Coachella, CA
If you would like to attend the meeting via Zoom, here is the link:
https://us02web.zoom.us/j/88457271898?pwd=REdzU1NoQmpVSFhWTDVaZ0VCekYxdz09 Or One tap mobile : 16699006833,,88457271898#,,,,*606140# Or Telephone:

US: +1 669 900 6833
Webinar ID: 884 5727 1898
Passcode: 606140
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla
 Public comments may be received either in person, via email, telephonically, or via Zoom with a limit of 250 words, or three minutes:
o In Real Time:

If participating in real time via Zoom or phone, during the Public Comment Period, use the “raise hand” function on your computer, or when using a phone, participants can raise their hand by pressing *9 on the keypad.
o In Writing:

Written comments may be submitted to the City Council electronically via email to [email protected]. Transmittal prior to the start of the meeting is required. All written comments received will be forwarded to the City Council and entered into the record. o If you wish, you may leave a message at (760) 262-6240 before 5:30 p.m. on the day of the meeting.  The live stream of the meeting may be viewed online by accessing the city's website at www.coachella.org, and clicking on the "Watch Council Meetings" tab located on the home page, and then clicking on the "live" button.

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Agenda City Council Closed Session and Regular Meeting January 22, 2025

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CALL TO ORDER: - 5:00 P.M.

ROLL CALL:

APPROVAL OF AGENDA:
“At this time the Council/ Board/Corporation/Authority may announce any items being pulled from the Agenda or continued to another date or request the moving of an item on the agenda” PUBLIC COMMENTS (CLOSED SESSION ITEMS):

THE PUBLIC MAY ADDRESS THE CITY COUNCIL/BOARD/CORPORATION/ AUTHORITY ON ANY CLOSED SESSION ITEMS. PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES.

ADJOURN TO CLOSED SESSION:

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager and Acting City Manager

2. PUBLIC EMPLOYEE APPOINTMENT
Title: Acting City Manager

3. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Attorney
Unrepresented Employee: Acting City Manager

4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2)/(e)(1) One (2) Potential Case
RECONVENE REGULAR MEETING: - 6:00 P.M.

PLEDGE OF ALLEGIANCE:

CLOSED SESSION ANNOUNCEMENTS:

PROCLAMATIONS/PRESENTATIONS/DIRECTION:

NONE
WRITTEN COMMUNICATIONS:

CONSENT CALENDAR:
(It is recommended that Consent Items be acted upon simultaneously unless separate discussion and/or action is requested by a Council Member or member of the audience.)

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Agenda City Council Closed Session and Regular Meeting January 22, 2025

Page 3 ends

5. Regular Meeting Minutes of December 11, 2024, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

6. Special Meeting Minutes of January 7, 2025, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

7. Special Meeting Minutes of January 14, 2025, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

8. Voucher Listing- EFT's/Utility Billing Refunds/FY 2024-25 Expenditures as of January 22, 2025, $5,169,160.93

9. Approve execution of a maintenance agreement with Yunex LLC for the Traffic Signal Maintenance Project No. 102424, in the amount not to exceed $300,000 for a three-year term.

10. Amendment #2 to the Professional Services Agreement with Angenious Engineering Services, Inc. in an amount of $49,500 to provide Professional Engineering Services in preparation of a funding grant application for the SR86/Avenue 50 Interchange Project (ST-81).

11. Amendment #3 to the CVAG-City of Coachella Reimbursement Agreement for Project Study Reports (Phase 1) for the Dillon Road Interstate 10 Interchange and the Dillon Road SR 86 Interchange and Preliminary Engineering & Environmental Document for the Dillon Road Bridge at Whitewater Channel, ST-109.

12. Ordinance No. 1220 (Second Reading) Zoning Ordinance Amendment No. 24-02 – Streamline Code Amendments - Phase 2 to amend Coachella Municipal Code Title 17 regarding zoning district permitted uses, development standards and development review process in the City. City-Initiated.

13. Ordinance No. 1218 (Second Reading) Coachella Healthy Food Truck Permit Pilot Program (ZOA No. 24- 03) City Parks and parcels in downtown zones (DT-PV and TR-PV Zones)

14. Adopt Ordinance No. 1219 Coachella Healthy Food Truck Permit Pilot Program (ZOA No. 24-03) for active date farms (Second Reading)

15. Amendment No. 4 to the Professional Services Agreement with KOA Corporation, Inc. for an amount of $34,945 to provide grant writing services for the improvements of Avenue 50 from Calhoun Street to Cesar Chavez Street – City Project ST-93.

16. Award Construction Agreement to Superb Engineering for the Westerfield Retention Basin Landscape Improvements, City Project No. 111924, for $245,530.14.

17. Sponsorship with Palm Springs Life and Palm Springs Art Museum in the Amount of $5,000

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Agenda City Council Closed Session and Regular Meeting January 22, 2025

Page 4 ends

18. Authorize a Sponsorship Grant to Culturas Music & Arts for their Arte del Barrio Events in the Amount of $9,500

19. Authorize a Sponsorship Grant to Danza Azteca Citlaltonac in the Amount of $5,000 to Support Events that Cultivate Resilience and Cultural Understandings

20. Authorize the City Manager to execute Professional Services Agreements with Interwest for On-Call Professional Planning Consultant Services, in the amount not to exceed $50,000 NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

21. Resolution 2025-01, A Resolution of the City of Coachella, California, Adopting the 2024 City of Coachella Local Road Safety Plan

22. Authorize the City Manager to Execute a Professional Services Agreement with NewGen Strategies & Solutions in the amount of $192,120 to conduct a Comprehensive Water and Wastewater Rate Study

23. Authorize the City Manager to Execute a Professional Services Agreement with Keyser Marston Associates, Inc. (KMA) for a Hotel Site Feasibility Study in the Amount of $79,500

24. Provide Direction and Approve Appointments to the City’s Coachella Planning Commission, Parks and Recreation Commission and Culture and Arts Commission

25. Mayor's Appointments to Various Council Subcommittees, Coachella Valley Association of Government (CVAG) Committees, Other Agencies, etc.

26. Approve the CalPERS Retiree Limited-Term Appointment Agreement and Resolution No. 2025-02 Finding the Position of City Manager to be Available Due to a Leave of Absence Pursuant to Government Code Section 21221(g) Appointing William Pattison as Acting City Manager PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

NONE
PUBLIC COMMENTS (NON-AGENDA ITEMS):

The public may address the City Council/Board/Corporation/ Authority on any item of interest to the public that is not on the agenda but is in the subject matter jurisdiction thereof. Please limit your comments to three (3) minutes.

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

City Manager’s Comments.

ADJOURNMENT:

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Agenda City Council Closed Session and Regular Meeting January 22, 2025

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Complete Agenda Packets are available for public inspection at the City Clerk’s Office at 53-462 Enterprise Way, Coachella, California, and on the City’s website www.coachella.org.

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES

Page 5 ends

City Hall Council Chamber
1515 Sixth Street, Coachella, California
(760) 398-3502  www.coachella.org

MINUTES

CITY COUNCIL CLOSED SESSION AND

REGULAR MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION FOUNDATION
December 11, 2024
5:00 PM – CLOSED SESSION
6:00 PM – REGULAR MEETING
In-Person Meeting
Location:

Coachella City Hall
Council Chamber
1515 Sixth Street
Coachella, CA
If you would like to attend the meeting via Zoom, here is the link:
https://us02web.zoom.us/j/88457271898?pwd=REdzU1NoQmpVSFhWTDVaZ0VCekYxdz09 Or One tap mobile : 16699006833,,88457271898#,,,,*606140# Or Telephone:

US: +1 669 900 6833
Webinar ID: 884 5727 1898
Passcode: 606140
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla
 Public comments may be received either in person, via email, telephonically, or via Zoom with a limit of 250 words, or three minutes:
o In Real Time:

If participating in real time via Zoom or phone, during the Public Comment Period, use the “raise hand” function on your computer, or when using a phone, participants can raise their hand by pressing *9 on the keypad.
o In Writing:

Written comments may be submitted to the City Council electronically via email to [email protected]. Transmittal prior to the start of the meeting is required. All written comments received will be forwarded to the City Council and entered into the record. o If you wish, you may leave a message at (760) 262-6240 before 5:30 p.m. on the day of the meeting.  The live stream of the meeting may be viewed online by accessing the city's website at www.coachella.org, and clicking on the "Watch Council Meetings" tab located on the home page, and then clicking on the "live" button.

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Item 5.

Minutes City Council Closed Session and Regular Meeting December 11, 2024

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CALL TO ORDER: - 5:00 P.M.

Mayor Hernandez called the City Council Closed Session and Regular Meeting of the City of Coachella to order at 5:00 p.m.

ROLL CALL:

Present: Councilmember Dr. Figueroa, Councilman Delgado (arrived at 5:15 p.m.), Councilmember Galarza (arrived at 5:10 p.pm), Mayor Pro Tem Virgen, and Mayor Hernandez City Clerk

Absent: City Treasurer
APPROVAL OF AGENDA:
“At this time the Council/ Board/Corporation/Authority may announce any items being pulled from the Agenda or continued to another date or request the moving of an item on the agenda” Motion: To approve the agenda
Made by: Councilmember Dr. Figueroa
Seconded by: Mayor Pro Tem Virgen
Approved: 3-0, Unanimous roll call vote:

AYES: Councilmember Dr. Figueroa, Mayor Pro Tem Virgen, and Mayor Hernandez NOES: None
ABSTAIN: None
ABSENT: Councilmember Delgado, Councilmember Galarza
PUBLIC COMMENTS (CLOSED SESSION ITEMS):

None
ADJOURN TO CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2)/(e)(1) One (1) Potential Case

2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6:

City Labor Negotiator: City Manager Gabriel Martin
Employee Organization: Teamsters Local 1932 Representing All the Employee Groups

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Item 5.

Minutes City Council Closed Session and Regular Meeting December 11, 2024

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RECONVENE REGULAR MEETING: - 6:00 P.M.

The City Council reconvened into open session at 6:00 p.m.

PLEDGE OF ALLEGIANCE:

The City Manager led the Pledge of Allegiance.

CANVASS OF BALLOTS:

3. Adopt Resolution No. 2024-63 Reciting the Fact of the General Municipal Election on November 5, 2024, Declaring the Results and Such Other Matters as Provided by Law Motion: To approve Adopt Resolution No. 2024-63 Reciting the Fact of the General Municipal Election on November 5, 2024, Declaring the Results and Such Other Matters as Provided by Law Made by: Councilmember Dr. Figueroa
Seconded by: Mayor Pro Tem Virgen
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Dr. Figueroa, Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Virgen, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
RECOGNITION:

4. Recognition of Outgoing Elected Officials
Neftali Galarza was recognized for years of service with the City Council OATH OF OFFICE:

5. Administration of Oath of Office to Newly Elected Officials Mayor Steven A. Hernandez
Councilmember Denise Delgado
Councilmember Yadira Perez
City Clerk Angela Zepeda
City Treasurer Mayra Perez

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Item 5.

Minutes City Council Closed Session and Regular Meeting December 11, 2024

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COUNCIL ORGANIZATION:

6. Nomination for the Position of Mayor Pro Tem
Denise Delgado was nominated and appointed the Position of Mayor Pro Tem Motion: To approve Denise Delgado as the Mayor Pro Tem
Made by: Councilmember Dr. Figueroa
Seconded by: Councilmember Perez
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Delgado, Mayor Pro Tem Virgen, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
CLOSED SESSION ANNOUNCEMENTS:

No reportable action taken.

PROCLAMATIONS/PRESENTATIONS/DIRECTION:

7. Coachella Resident Engagement Academy Update

8. Autism Certification Presentation
WRITTEN COMMUNICATIONS:

None
CONSENT CALENDAR:
(It is recommended that Consent Items be acted upon simultaneously unless separate discussion and/or action is requested by a Council Member or member of the audience.)

9. Regular Meeting Minutes of November 13, 2024, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

10. Voucher Listing- EFT's/Utility Billing Refunds/FY 2024-25 Expenditures as of December 11, 2024, $5,411,959.03

11. Investment Report – July 31, 2024

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Item 5.

Minutes City Council Closed Session and Regular Meeting December 11, 2024

Page 5 ends

12. Adopt Resolution No. 2024-64 Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974

13. Authorize the City Manager to Execute a Construction Contract with GMAT Inc, DBA Inland Overhead Door in the Amount of $267,000 and 10% Contingency for the Construction of the Fire Station #79 Garage Door Replacement Project, (F-7)

14. Authorization to file a Notice of Completion for City Project No’s P-30 & P-32, Bagdouma Park Misc. Site Improvements

15. Adopt Ordinance No. 1217 Increasing Compensation of the Elected City Clerk and the City Treasurer Positions (Second Reading)

16. Adopt Resolution No. 2024-67 To Increase the Transient Occupancy Tax (TOT) Rate at Thirteen Percent (13%) Pursuant to Measure Y Effective January 1, 2025

17. Adopt Resolution No. 2024-68 Authorizing the City Manager to Submit an Application to the U.S.

Department of Transportation (DOT) Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program in the Amount Not-To-Exceed Twenty-Five Million ($25,000,000) Dollars for the City’s Active Transportation Program (ATP) Project

18. Adopt Resolution No. 2024-69 Authorizing the City Manager to Submit an Application to the U.S.

Department of Transportation (DOT) Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program in the Amount Not-To-Exceed Twenty-Five Million ($25,000,000) Dollars for the City’s State Route 86 at Ave 50 Interchange Project

19. Authorize a Sponsorship Grant to Culturas Music & Arts’ Arte del Barrio Events in the Amount of $9,500

20. Authorize the Allocation of Funds in the Amount of $10,000 for the Coachella Youth Art Program

21. Award Maintenance Agreements to both Amtek Construction and Desert Elite Electric, Inc. for the As Needed Electrical Repairs Project No. 102424B, not to Exceed $200,000

22. Appointment of two Commissioners to the Coachella Youth Advisory Commission.

23. Authorize award of a Professional Services Agreement with Citiguard Inc. for Security Guard Services Project No. 082224, for $300,000.

24. Proposal for on-call Professional Services with Dudek in the amount of $31,120.00 for Coachella Sanitary District Sewer System Management Plan (SSMP) Audit

25. Authorize the City Manager to execute Professional Services Agreement with Keyser Marston Associates, Inc. (KMA) for a Hotel Feasibility Study in the Amount of $79,500 Councilmember Virgen stepped away at 7:14 p.m. and returned at 7:16 p.m.

Motion: To approve item #13
Made by: Councilmember Dr. Figueroa

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Item 5.

Minutes City Council Closed Session and Regular Meeting December 11, 2024

Page 6 ends

Seconded by: Mayor Pro Tem Delgado
Approved: 4-0, Unanimous roll call vote:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Virgen, and Mayor Pro Tem Delgado
NOES: None
ABSTAIN: Mayor Hernandez
ABSENT: None
Motion: To continue item #19 to January 8th, 2025
Made by: Councilmember Dr. Figueroa
Seconded by: Mayor Pro Tem Delgado
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Virgen, Mayor Pro Tem Delgado, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
Motion: To approve item #20 with integration of the Youth Advisory Commission Made by: Councilmember Dr. Figueroa
Seconded by: Mayor Pro Tem Delgado
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Virgen, Mayor Pro Tem Delgado, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
Motion: To continue item #25
Made by: Mayor Pro Tem Delgado
Seconded by: Councilmember Dr. Figueroa
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Virgen, Mayor Pro Tem Delgado, and Mayor Hernandez
NOES: None
ABSTAIN: None

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Item 5.

Minutes City Council Closed Session and Regular Meeting December 11, 2024

Page 7 ends

ABSENT: None
Motion: To approve the Consent Calendar #9 - #18 & #21 - #24, excluding item #13 Made by: Councilmember Dr. Figueroa
Seconded by: Mayor Pro Tem Delgado
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Virgen, Mayor Pro Tem Delgado, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

26. Authorize the City Manager to Execute a Construction Contract with Cora Construction, Inc. in the Amount of $1,271,400.00 for the Construction of the Headworks Screening System Improvements Project, City Project No. S-29 and the Approval of Additional Expenditures for a Total Request of $1,518,540.00 Motion: To authorize the City Manager to Execute a Construction Contract with Cora Construction, Inc. in the Amount of $1,271,400.00 for the Construction of the Headworks Screening System Improvements Project, City Project No. S-29 and the Approval of Additional Expenditures for a Total Request of $1,518,540.00
Made by: Councilmember Dr. Figueroa
Seconded by: Councilmember Perez
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Virgen, Mayor Pro Tem Delgado, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None

27. Adopt Resolution No. 2024-66 Approving American Rescue Plan Act Funds (ARPA) for the State and Local Fiscal Recovery Fund (SLFRF) Program for the Coachella Sanitary District Headworks Screening Improvements Project S-29 in the Amount of $1,090,756
Motion: To approve Resolution No. 2024-66 Approving American Rescue Plan Act Funds (ARPA) for the State and Local Fiscal Recovery Fund (SLFRF) Program for the Coachella Sanitary District Headworks Screening Improvements Project S-29 in the Amount of $1,090,756 Made by: Councilmember Dr. Figueroa

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Item 5.

Minutes City Council Closed Session and Regular Meeting December 11, 2024

Page 8 ends

Seconded by: Councilmember Perez
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Virgen, Mayor Pro Tem Delgado, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None

28. Authorize the City Manager to Execute a Construction Contract with The Van Dyke Corporation in the Amount of $1,119,244.00 for the Construction of the Tyler Street Sewer Improvements, City Project No.

S-18 and the Approval of Additional Expenditures for a Total Request of $1,281,168.40 Motion: To authorize the City Manager to Execute a Construction Contract with The Van Dyke Corporation in the Amount of $1,119,244.00 for the Construction of the Tyler Street Sewer Improvements, City Project No. S-18 and the Approval of Additional Expenditures for a Total Request of $1,281,168.40
Made by: Councilmember Dr. Figueroa
Seconded by: Mayor Hernandez
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Virgen, Mayor Pro Tem Delgado, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None

29. Authorize the City of Coachella to Sponsor the Palm Springs International Film Festival (PSIFF) in the Amount of $20,000
Motion: To authorize the City of Coachella to Sponsor the Palm Springs International Film Festival (PSIFF) in the Amount of $20,000
Made by: Mayor Hernandez
Seconded by: Councilmember Dr. Figueroa
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Virgen, Mayor Pro Tem Delgado, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None

Page 13 ends

Item 5.

Minutes City Council Closed Session and Regular Meeting December 11, 2024

Page 9 ends

30. Approval of the 2025 City Council Meetings Calendar Motion: To approve the 2025 City Council Meetings Calendar with modifications to not cancel meetings on Conference dates & Spring Break
Made by: Mayor Pro Tem Delgado
Seconded by: Councilmember Dr. Figueroa
Approved: 3-2:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, and Mayor Pro Tem Delgado NOES: Councilmember Virgen, and Mayor Hernandez
ABSTAIN: None
ABSENT: None

31. Coachella Healthy Food Truck Permit Pilot Program
- Introduce Ordinance No. 1218 1
st Reading Coachella Healthy Food Truck Permit Pilot Program (ZOA No. 24-03) City Parks and Parcels in Downtown Zones (DT-PV and TR-PV Zones) - Introduce Ordinance No. 1219 1
st Reading Coachella Healthy Food Truck Permit Pilot Program (ZOA No. 24-03) for Active Date Farms
Councilmember Virgen stepped away at 8:52 p.m. and returned at 8:58 p.m.

Motion: To approval Coachella Healthy Food Truck Permit Pilot Program - Ordinance No. 1218 (First Reading) & Introduce Ordinance No. 1219 (First Reading) with modification to disallow alcohol Made by: Councilmember Dr. Figueroa
Seconded by: Councilmember Perez
Approved: 4-0, Unanimous roll call vote:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Virgen, and Mayor Pro Tem Delgado
NOES: None
ABSTAIN: Mayor Hernandez
ABSENT: None
PUBLIC COMMENTS:

Jaclyn Cheves in regards to Item #31
With the time being after the 8:00 p.m. and per Resolution No. 2019-34, Public Comments were moved up before item #32 on page 9
None

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Item 5.

Minutes City Council Closed Session and Regular Meeting December 11, 2024

Page 10 ends

PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

32. Ordinance No. 1220 (First Reading) Zoning Ordinance Amendment No. 24-02 – Streamline Code Amendments - Phase 2 to Amend Coachella Municipal Code Title 17 Regarding Zoning District Permitted Uses, Development Standards and Development Review Process in the City - City-Initiated Councilmember Dr. Figueroa stepped away at 9:04 p.m. and returned at 9:05 p.m.

Motion: To approval Ordinance No. 1220 (First Reading) Zoning Ordinance Amendment No. 24-02 – Streamline Code Amendments - Phase 2 to Amend Coachella Municipal Code Title 17 Regarding Zoning District Permitted Uses, Development Standards and Development Review Process in the City - City-Initiated with amendment
Made by: Councilmember Virgen
Seconded by: Mayor Hernandez
Approved: 4-1:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Virgen, and Mayor Hernandez
NOES: None
ABSTAIN: Mayor Pro Tem Delgado
ABSENT: None
PUBLIC COMMENTS (NON-AGENDA ITEMS):

The public may address the City Council/Board/Corporation/ Authority on any item of interest to the public that is not on the agenda but is in the subject matter jurisdiction thereof. Please limit your comments to three (3) minutes.

With the time being after the 8:00 p.m. and per Resolution No. 2019-34, Public Comments were moved up before item #32 on page 9.

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

City Manager’s Comments.

ADJOURNMENT:

There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 10:13 p.m.

_____________________
Angela Zepeda
City Clerk

Page 15 ends

Item 5.

City Hall Council Chamber
1515 Sixth Street, Coachella, California
(760) 398-3502  www.coachella.org

MINUTES

CITY COUNCIL SPECIAL MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION FOUNDATION
January 7, 2025
6:30 PM
In-Person Meeting
Location:

Coachella City Hall
Council Chamber
1515 Sixth Street
Coachella, CA
If you would like to attend the meeting via Zoom, here is the link:
https://us02web.zoom.us/j/88457271898?pwd=REdzU1NoQmpVSFhWTDVaZ0VCekYxdz09 Or One tap mobile : 16699006833,,88457271898#,,,,*606140# Or Telephone:

US: +1 669 900 6833
Webinar ID: 884 5727 1898
Passcode: 606140
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla
 Public comments may be received either in person, via email, telephonically, or via Zoom with a limit of 250 words, or three minutes:
o In Real Time:

If participating in real time via Zoom or phone, during the Public Comment Period, use the “raise hand” function on your computer, or when using a phone, participants can raise their hand by pressing *9 on the keypad.
o In Writing:

Written comments may be submitted to the City Council electronically via email to [email protected]. Transmittal prior to the start of the meeting is required. All written comments received will be forwarded to the City Council and entered into the record. o If you wish, you may leave a message at (760) 262-6240 before 5:30 p.m. on the day of the meeting.  The live stream of the meeting may be viewed online by accessing the city's website at www.coachella.org, and clicking on the "Watch Council Meetings" tab located on the home page, and then clicking on the "live" button.

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Minutes City Council Special Meeting January 7, 2025

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CALL TO ORDER:

Mayor Hernandez called the Special Meeting of the City Council of the City of Coachella to order at 6:30 p.m.

ROLL CALL:

Present: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Virgen, Mayor Pro Tem Delgado, and Mayor Hernandez
City Clerk

Absent: City Treasurer
APPROVAL OF AGENDA:
“At this time the Council/ Board/Corporation/Authority may announce any items being pulled from the Agenda or continued to another date or request the moving of an item on the agenda” Motion: To approve the agenda
Made by: Councilmember Dr. Figueroa
Seconded by: Mayor Pro Tem Delgado
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Virgen, Mayor Pro Tem Delgado, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
PLEDGE OF ALLEGIANCE:

The City Clerk led the Pledge of Allegiance.

PUBLIC COMMENTS:

Andrew Simmons
ADJOURN TO CLOSED SESSION:

1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6:

City Labor Negotiator: City Manager Gabriel Martin
Employee Organization: Teamsters Local 1932 Representing All the Employee Groups

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE 54957(b)(1) (1) Title: City Manager

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Minutes City Council Special Meeting January 7, 2025

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3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) (1) Title: City Attorney
CLOSED SESSION ANNOUNCEMENTS:

No reportable action taken.

ADJOURNMENT:

Mayor Hernandez adjourned the meeting at 7:41 p.m.
____________________________________
Angela Zepeda
City Clerk

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Item 6.

City Hall Council Chamber
1515 Sixth Street, Coachella, California
(760) 398-3502  www.coachella.org

MINUTES

CITY COUNCIL SPECIAL MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION FOUNDATION
January 14, 2025
10:00 AM
In-Person Meeting
Location:

Coachella City Hall
Council Chamber
1515 Sixth Street
Coachella, CA
If you would like to attend the meeting via Zoom, here is the link:
https://us02web.zoom.us/j/88457271898?pwd=REdzU1NoQmpVSFhWTDVaZ0VCekYxdz09 Or One tap mobile : 16699006833,,88457271898#,,,,*606140# Or Telephone:

US: +1 669 900 6833
Webinar ID: 884 5727 1898
Passcode: 606140
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla
 Public comments may be received either in person, via email, telephonically, or via Zoom with a limit of 250 words, or three minutes:
o In Real Time:

If participating in real time via Zoom or phone, during the Public Comment Period, use the “raise hand” function on your computer, or when using a phone, participants can raise their hand by pressing *9 on the keypad.
o In Writing:

Written comments may be submitted to the City Council electronically via email to [email protected]. Transmittal prior to the start of the meeting is required. All written comments received will be forwarded to the City Council and entered into the record. o If you wish, you may leave a message at (760) 262-6240 before 5:30 p.m. on the day of the meeting.  The live stream of the meeting may be viewed online by accessing the city's website at www.coachella.org, and clicking on the "Watch Council Meetings" tab located on the home page, and then clicking on the "live" button.

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Minutes City Council Special Meeting January 14, 2025

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CALL TO ORDER:

Mayor Hernandez called the Special Meeting of the City Council of the City of Coachella to order at 10:00 a.m.

ROLL CALL:

Present: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Virgen, Mayor Pro Tem Delgado, and Mayor Hernandez
City Clerk
City Treasurer
APPROVAL OF AGENDA:
“At this time the Council/ Board/Corporation/Authority may announce any items being pulled from the Agenda or continued to another date or request the moving of an item on the agenda” PLEDGE OF ALLEGIANCE:

The City Clerk led the Pledge of Allegiance.

PUBLIC COMMENTS (CLOSED SESSION ITEMS):

The public may address the City Council/Board/Corporation/ Authority on any item of interest to the public that is not on the agenda but is in the subject matter jurisdiction thereof. Please limit your comments to three (3) minutes.

In regards to the public evaluation performance of the City Manager In Opposition:

Request to Speak:

1. Jesus Gonzalez

2. Juan M. Alvarado Jr.

3. Claudia Lua Alvarado

4. Neftali Galarza

5. Victor Garcia

6. Vanessa Aguilar

7. Ruben Gonzalez

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Minutes City Council Special Meeting January 14, 2025

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8. Yaya Ortiz

9. Anna L. Garcia

10. Jesus Lopez

11. Dr. Frances Esparza

12. Ariana Rodriguez

13. Joe Moto

14. Armen Paronyan

15. Fernando Escalante

16. Nick Meza

17. Freeman Swank (Armtek)

18. Grace Martin

19. Jason Hernandez

20. Joise Gonzalez

21. Jose Comite Latino

22. Rosalio Avila

23. Israel Morales

24. Jaime Barajas

25. Joey Acuna Jr.

26. Martha Arriola – Representing the staff of Coral Mountain Academy

27. Steve Garcia

28. Jennifer Duran

29. Natalia Gonzalez

30. Amalia U. Deaztlan

31. Marnie Navarro

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32. Oscar Fonseca

33. Agustin Arreola

34. Vanessa Sanchez-Meza

35. Bethany Aguiar

36. Matthew Rickert

37. Mayra Perez

38. Angela Zepeda

39. Castulo Estrada

40. Gabriel Perez

41. Hope Huerta

42. Risseth Lora

43. Maritza Martinez

44. Celina Jimenez

45. Ruben Ramirez

46. Andrew Simmons

47. Delia Granados

48. John Kearney

49. Beatrice Hernandez

50. Ismael Ortiz
Via Zoom:

1. Adrian Ruiz

2. Mario Ornelas

3. Rosa Cobadilla

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Minutes City Council Special Meeting January 14, 2025

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4. Steven Hernandez
Mayor Pro Tem Delgado stepped away at 12:08pm. and returned at 12:15pm.

5. Isela Murillo

6. Michelle Salado

7. CLG

8. Craig Smith

9. Chris

10. Estela Acuna

11. Marissa Aceves

12. Mr. Garcia

13. Luisa Erethia

14. Tanya

15. Duane Young

16. Supervisor Manuel Perez
Via Email:

1. Ray Leon

2. Lelia Namvar

3. Esperanza Arce

4. Luz Gallegos

5. Lorena Robles

6. Yavonne Zapata

7. Christopher Martinez

8. Daniel Garcia

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Minutes City Council Special Meeting January 14, 2025

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9. Diana Gomez
Councilmember Dr. Figueroa stepped away at 12:50 p.m. and returned at 12:51p.m.

10. Lizbeth Navarro
Councilmember Virgen stepped away at 12:52 p.m. and returned at 12:57 p.m.

11. Maria Ortiz

12. Eduardo Ceja

13. Juan Martinez

14. Diana Quesada

15. Juan Guevara

16. Brandon Marley

17. Jasmin Ceja

18. Juan Garcia
Mayor Hernandez stepped away at 1:10 p.m. and returned at 1:11p.m.

19. Eduardo Garcia

20. Rosa Ceja

21. Steven Perez
Councilmember Virgen stepped away at 1:13 p.m. and returned at 11:13 p.m.

22. Francisco Arce

23. Cesar Huazano

24. Yareli Felix

25. Donald Quigley

26. Elena Bonilla

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Minutes City Council Special Meeting January 14, 2025

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27. Talitha Barcenas

28. Adriana Gonzalez

29. Yesenia Aispuro

30. Margit F. Chiriaco Rusche

31. Mel Williams

32. Marisol Zamora Silva

33. Gretchen Diaz

34. George Tudor

35. Christy Porter

36. Patty Solis

37. Brenda Gaxiola

38. Katia Lopez

39. Berlinda Blackburn

40. Javier Madrigal

41. Veronica Gomez

42. Victor Valdez

43. Ruben Perez

44. Jose Campos

45. Miguel Navarrete

46. Monica Rodriguez

47. Melanie Aguilar

48. Amelia Rodriguez

49. Jocelyn Vargas

50. Emanuel Garcia

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Minutes City Council Special Meeting January 14, 2025

Page 8 ends

51. Leonard St. Sauver

52. Philip Bautista

53. Monica Rodriguez

54. Craig Armstrong

55. Weld-mart

56. Teran Family

57. Maria Ruiz

58. Janell Percy
In Favor:

Via Zoom:

1. Jonathan Baton

2. Carissa Herrea – Teachers Association

3. David

4. Stephanie Ambriz

5. Christian Bautista
ADJOURN TO CLOSED SESSION:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager

PUBLIC EMPLOYEE APPOINTMENT
Title: Acting City Manager

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2)/(e)(1) One (1) Potential Case
CLOSED SESSION ANNOUNCEMENTS:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager

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Minutes City Council Special Meeting January 14, 2025

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Motion: To place City Manager on paid administrative leave effective immediately Approved: 3-2:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, and Mayor Pro Tem Delgado NOES: Councilmember Virgen, and Mayor Hernandez
ABSTAIN: None
ABSENT: None

PUBLIC EMPLOYEE APPOINTMENT
Title: Acting City Manager
Motion: To appoint Maritza Martinez as acting City Manager immediately Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Perez, Councilmember Dr. Figueroa, Councilmember Virgen, Mayor Pro Tem Delgado, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2)/(e)(1) One (1) Potential Case
No reportable action taken.

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

City Manager gives his thanks.

ADJOURNMENT:

Mayor Hernandez adjourned the meeting at 8:08 p.m.
____________________________________
Angela Zepeda
City Clerk

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STAFF REPORT
1/22/2025
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT:

Approve execution of a maintenance agreement with Yunex LLC for the Traffic Signal Maintenance Project No. 102424, in the amount not to exceed $300,000 for a three-year term.

STAFF RECOMMENDATION:

Approve execution of a maintenance agreement with Yunex, LLC for the Traffic Signal Maintenance Project No. 102424, in the amount not to exceed $300,000 for a three-year term.

EXECUTIVE SUMMARY:

The City published a Request for Proposals (RFP) for the Traffic Signal Maintenance Project No. 102424. The RFP would provide maintenance and on call services for all city maintained traffic signals and flashing beacon crossings. The city has a total of twenty-seven signalized intersections and ten flashing beacon crossings. This RFP closed on October 24, 2024 and the City received three (3) responses. Staff reviewed and scored all responses received:

Yunex LLC
St. Francis
Electric, LLC
Bear Electrical
Solutions, LLC
Evaluator 1 96 71 66
Evaluator 2 100 75 63
Evaluator 3 98 78 60
Total 294 224 189
Based upon the scores noted above staff is recommending award to Yunex LLC in the amount not to exceed $300,000 for a three-year term (February 1, 2025 – January 31, 2028). As additional signalized intersections are added within the city, these intersections would be incorporated at the submitted unit pricing shown below:
- Traffic Signal Routine Maintenance Per Month = $100.00 per intersection - Flashing Beacons Routine Maintenance Per Month = $36.50 per location

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FISCAL IMPACT:

None.

Attachment:

Proposed Agreement

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Item 9.

CONTRACT

CITY OF COACHELLA

TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT
Project No. 102424
PARTIES AND DATE.

This Agreement is made and entered into this 22nd day of January, 2025 by and between the City of Coachella, a municipal organization organized under the laws of the State of California with its principal place of business at 53-990 Enterprise Way, Coachella, California 92236, (hereinafter referred to as "City") and Yunex, LLC, a corporation with its principal place of business at 2250 Business Way, Riverside, CA 92501 (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing traffic signal maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Traffic Signal Maintenance Services Agreement ("Project") as set forth in this Agreement.

TERMS.

3.1 Scope of Services and Term.

3.1.1 Incorporation of Documents. The "Contract Documents" include the following:

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor's Certificate Regarding Workers' Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond

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!
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Greenbook Standard Specifications
Addenda
Plans and Contract Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

3.1.2 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the traffic signal maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.3 Term. The term of this Agreement shall be from February 1, 2025 to January 31, 2028, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The City alone, not the Contractor shall have the option to extend the term of this Agreement for two (2) successive one (1) year periods (individually, "Subsequent Term" and collectively, "Subsequent Terms"). The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control.

Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such

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!
additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.

Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.

3.2.5 Contractor's Representative. Contractor hereby designates Michael J. Hutchens, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails to perform the Services in a manner

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acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.7.1Period of Performance and Liquidated Damages.

Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto. Contractor agrees that if the Services specified in Exhibit "A", attached hereto and incorporated herein by this reference, are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sums as reflected in the General Specifications Section of the Request for Proposals for performance deficiencies.

3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9 Insurance.

3.2.9.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.2.9.2 Minimum Requirements. Contractor shall, at its
expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
{A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability:

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Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
{ID Minimum Limits of Insurance. Contractor shall
maintain limits no less than: (1) General Liability: $1,000,000.00 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000.00 per accident for bodily injury or disease.

3.2.9.3 Insurance Endorsements. The insurance policies
shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way.

Automobile Liability. The automobile liability policy
shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way.

Workers' Compensation and Employer's Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor.

All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the polluding breaches of warranties, shall not Page 71 Item 9.
affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

3.2.9.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

3.2.9.5 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City.

Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.9.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.9.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.9.8 Reporting of Claims. Consultant shall report to the City, in addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Bonds.

3.2.12.1 Performance Bond If specifically requested by City in

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Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.2 Payment Bond. If required by law or otherwise
specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed $300,000.00 (three hundred thousand dollars and no cents) without written approval of City's City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and

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supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement.

All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.

Upon termination, Contractor shall be compensated only for those services which have

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been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective
parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

CONTRACTOR:

Yunex, LLC
2250 Business Way
Riverside, CA 92501
Attn: Michael J. Hutchens, Operations Manager
CITY:

City of Coachella
53462 Enterprise Way
Coachella, CA 92236
Attn: Maritza Martinez, Public Works Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid 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.

3.5.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.3 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.4 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses shall defend, at Contractor's own cost,

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expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding.

Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5.5 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.6 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.5.7Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.8City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.9 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.10 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.11 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.12 Amendment; Modification.

No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.13Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No

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waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.14 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.15 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.16 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.17 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.18 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before commencing the performance of the Services.

3.5.19 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement expressly stated herein, without prior

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written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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(BB&K: February 2006)

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EXHIBIT "A"

SCOPE OF SERVICES

TRAFFIC SIGNAL MAINTENANCE SERVICES
A. General Description
The traffic signal maintenance contractor ("Contractor") shall perform routine scheduled maintenance, extraordinary, emergency repairs and technical support for the City of Coachella's ("City") traffic signal systems, interconnect, flashing warning lights, illuminated street name signs, highway safety lighting, and all appurtenant equipment. Contractor shall furnish and have accessible all required tools, equipment, apparatus, facilities, skilled labor, services, and material, to perform all work necessary to maintain in a good and workmanlike manner traffic signal facilities in accordance with the proposal and the defined scope of work. Traffic signal systems shall include but not be limited to all traffic signal indications, traffic signal controllers, electrical service, battery back-ups, electrical or mechanical traffic control or traffic devices, traffic poles, emergency vehicle pre-emption equipment, interconnect, cabinets, splice pedestals, street lights, and all related hardware at all City signalized intersections.

As specified herein, the Contractor shall maintain traffic signal systems to eliminate or reduce the incidences of malfunctions, reduce operational complaints, and maintain equipment in proper working order. Required normal working hours for maintenance coverage is from 7:00 a.m. to 5:00 p.m. Monday through Friday; however, twenty-four- hour (24), on-call response to City's request for maintenance and repair services is required. In general, routine responses related to these maintenance functions during normal working hours and maintenance requiring scheduled night-rides shall be considered normal scheduled maintenance work. All extraordinary and emergency work performed outside these specified hours and on holidays shall be paid at the approved overtime rates.

All identified City intersections per this agreement shall be regularly patrolled by Contractor or its representative with verified monthly inspections per an established checklist. The Contractor shall recognize these traffic signals, warning devices, and highway safety lighting as critical safety devices to the public; timely response to requests and completion of final repairs is imperative.

B. Specifications
All signal work shall be performed in accordance with the current Standard Plans and Section 86 of the Standard Specifications for the State of California, Department of Transportation (latest edition), and "Greenbook" Standard Specifications for Public Works Construction (latest edition), and the current City Standard Plans. All work performed or equipment or parts supplied by Contractor shall be subject to applicable Federal and State Standards, approved proposals, contract documents, City inspection, and approval by the City, its Director of Public Works, or his authorized representative.

Failure to pass inspection on any maintenance, repair and service item will result in nonpayment for that item until such time as the Contractor can complete the item to the satisfaction of the City. (BB&K: February 2006)

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C. Compensation for Maintenance
City will compensate Contractor for monthly routine maintenance at the contract monthly unit price (lump sum). Said compensation shall include all labor, materials, equipment, overhead and profits to perform the routine service and no extra compensation will be allowed.

Extraordinary maintenance shall be invoiced at the established rates per Exhibit C of the Agreement and shall include all labor, materials, equipment and profit. All items not covered shall require a negotiated price and approval by the Director of Public Works or authorized representative. All extraordinary maintenance requires City authorization prior to beginning the work unless the work is an emergency repair required to restore the safe operation of the traffic signal system. Contractor shall still submit the appropriate documentation for subsequent authorization of the emergency work including photos of any visible damage with details of any final repairs that might be required including a schedule for completion. City reserves the right to separately bid extraordinary maintenance work to other firms in the event a negotiated price or schedule of completing repairs cannot be reached which is acceptable to both parties or is deemed by the City to exceed the terms of the current Contract. Contractor may be required to assist or support other firms selected by the City as requested.

I. CONTRACTOR REQUIREMENTS
A. Facilities
The Contractor shall at all times maintain local facilities where assigned personnel have access to all required tools, equipment, apparatus, facilities, skilled labor, services, and material, to perform all work within the required response times necessary to maintain in a good and workmanlike manner all traffic signal systems, interconnect, flashing warning lights, illuminated street name signs, highway safety lighting, City owned street lights, and all appurtenant equipment in accordance with the proposal and the defined scope of work.

The Contractor shall be equipped with spare parts sufficient to return a defective signal to operation following ordinary trouble calls. The Contractor shall have on-hand at least one (1) spares each of McCain 2070E/ATC eX 2070 (includes controller software updates) and one (1) spare McCain Conflict Monitors available for deployment within the City. The Contractor shall also have at least two (2) spare battery sets to replace failed Battery BackUp Units.

The Contractor shall provide to the technicians assigned to the City digital cameras that can clearly record damaged or inventoried equipment and provide visual records relating to work requests submitted to the City.

The Contractor shall have available adequately skilled personnel and proper lab testing facilities to perform inspection of new controller mechanisms including controller units, auxiliary equipment, and traffic control appurtenances. All testing and test facilities shall conform to State of California, Department of Transportation (Caltrans) current specifications for McCain controllers.
(BB&K: February 2006)

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B. Personnel
The Contractor shall provide at least one (1) full-time Transportation System Electrician to perform normal scheduled and extraordinary/emergency maintenance duties. Normal scheduled maintenance services shall be provided during the 7:00 a.m. to 5:00 p.m. weekday working hours of this contract. In addition, these positions may be required to perform extra work or additional repairs at the request of the Director of Public Works or designee. The Transportation System Electricians shall be certified or licensed according to State of California requirements for electrical workers, and shall have current certification of at least Level II Traffic Signal Technician or higher from the International Municipal Signal Association (IMSA) throughout the entire duration of the contract. They shall also be trained in the operation and repair of McCain 2070, ATC eX 2070, including software compatibility and timing functions.

The Contractor shall provide City with documentation on the approved electricians including copies of their licenses or certifications, assigned service vehicle information and contact information. All technicians shall be equipped to perform all required duties of the trade at all times. Reports accounting for one-hundred percent (100%) of assigned technician time shall be submitted monthly as outlined in this scope of work.

The Contractor shall also provide support personnel of an appropriate craft to complete work not requiring the services of a certified Transportation System Electrician to be deployed on an as-needed basis such as re-lamping, lens cleaning, underground services alert responses, painting, night inspections for Illuminated Street Name Signs (ISNS), safety lighting, City owned street lights, or other work as required. Night inspections for safety lighting, City owned street lights, Battery Backup Systems, and ISNS will be conducted after dusk and overtime rates shall not apply to these activities.

All personnel shall be trained in Equal Employment Opportunity policies and shall conduct themselves in a respectful and professional manner at all times. The City reserves the right at all times to concur with the Contractor's assignment of personnel to the City. If requested by the City, the Contractor shall replace any personnel assigned to the City whose performance or conduct is considered unacceptable by the City, or the standards established per the contract.

C. Service Requests 24-Hour Phone Access
The Contractor shall maintain a single, attended (real person contact) local telephone number where they can be reached twenty-four (24) hours a day, seven days a week to provide maintenance and repair services as requested by the City, including replacement of burned-out vehicle indications, adjustments of turn signal heads, repair of controller malfunctions or any damage creating a public hazard. This telephone number shall be made available to all persons designated by the City.
(
B
B
(BB&K: February 2006)

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The Contractor shall maintain and provide mobile communication that permits City direct phone and email communications with all supervisors and technicians assigned to the City and their designated representatives. This includes providing equipment for their receipt and responses to emails in addition to phone calls while in the field.

The Contractor shall subscribe to Underground Services Alert (USA) on-line interconnect notifications to receive direct request or notices for identification of City underground facilities.

D. Response Criteria for Requested Services
Whenever the Contractor receives requested service calls from the City or its designated representatives, Contractor shall provide immediate response to emergency calls and dispatch the qualified personnel and equipment to reach the site within one (1) hour of notification during normal working hours of the Contact, and within two (2) hours during non-working hours of the Contact, including Saturdays, Sundays, and holidays. Contractor is required to provide the reporting party with an estimated time of arrival.

As part of emergency response, Contractor may be required to respond to accidents at signalized intersections to inspect and/or repair traffic signal system, equipment, and operation. Contractor shall perform a complete preventive maintenance check as outlined in this scope of work, thoroughly examining and inspecting all equipment at the location for physical damage or equipment malfunctions including a complete check of the controller and conflict monitor. Photos shall be taken of any damage and submitted with a written report summarizing the results of the examination and inspection. These reports and photos shall be submitted within five (5) calendar days. A request for authorization for the emergency work and needed repairs shall also be submitted with the required report and photos.

E. Additions to Traffic Signal System
Contractor shall maintain, at the same unit price, additional traffic signals and appurtenant devices as they are installed or become a part of the maintenance requirements of the City.

In the event that notification is made of a new installation at other than the beginning of a monthly period, the unit cost of routine maintenance will be prorated from the day the Contractor is notified.

F. Maintenance Records
Contractor shall maintain a record of all service calls and work performed upon the signal equipment listing dates, hour of day, and description of work or work performed. All proposed forms shall be submitted by the Contractor to the City for its approval prior to use.
(BB&K: February 2006)

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1. Each Intersection. The Contractor shall keep current, a permanent operational record of each and every piece of traffic control or safety equipment which the Contractor is required to maintain by this contract, including but not limited to, vehicle and pedestrian timing sheets, detectors, cabinet wmng, interconnect equipment, pre-emptive control, or similar equipment.

The Contractor shall maintain a separate record at each intersection detailing monthly maintenance, inspections, and repairs of controller and related equipment.

All entries shall be made on a standardized form, legible and made in chronological order on the sheet in indelible ink. The required entry shall include date, time, reason for visit, observations and/or work performed, and initials of individual making the entry. A copy of such record shall be maintained at all times within the controller cabinet at each signal location.

2. Office Records. The Contractor shall maintain a complete set of records for all locations noting all inspections and repairs completed. A separate daily log or diary for every person and vehicle employed on the contract shall also be maintained. Said log or diary shall fully describe the work or service performed by each individual on each piece of equipment and show all chargeable time to this contract for every twenty-four-hour (24) period. This record shall include the date and time of day the work was performed at each intersection, the description of work performed, and the name of the technician(s) that performed the work.

Upon request, the Contractor shall provide monthly summaries accounting for one hundred percent (100%) of the work hours of the assigned technicians and related staff assigned to the City This shall include all assignments per the City's scope of work and any shared time staffing other contracts. Failure to comply will delay payment of the monthly invoices.

3. Activities Report. Two monthly reports providing a complete record of all work performed on the City's Traffic Signal Facilities and a status of pending work orders shall be attached to each associated monthly invoice. The Activities Report is considered part of the routine monthly maintenance; therefore, invoices will not be paid until these summary reports have been received. The monthly Activities Report submitted with each invoice shall include:
• Location of each separate service
• Date and approximate time for the service
• Reason for the service
• Identification of the type of service (Routine, Extraordinary and/or Emergency)
• Status of repair (complete or temporary)
• For Temporary- Estimated date of final repairs
• Who called in the request for service
• Name of technicians(s) performing the service
• Number of hours spent for each service
(BB&K: February 2006)

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With each monthly invoice, the Contractor shall provide a monthly status report of open or incomplete work orders. This shall include any work that has been identified pending approved maintenance/repairs, temporary repairs, or maintenance pending delivery of equipment. The report shall include:
• Location of pending work
• Date of authorization
• Reason the work is incomplete
• Estimated date when the service will be completed

4. Citywide Underground References.

Contractor shall be responsible to maintain copies of City records for performing the required underground marking of facilities including, but not limited to, traffic signal and interconnect plans. The Contractor shall also note any corrections to these records or location of traffic signal facilities that have been identified by Contractor for future use.

Copies of these updates to the records shall be transmitted to the City with the monthly mvo1ces.

G. City Notification of Changes in Traffic Signal Equipment or Operation Contractor shall notify by telephone and/or email within twenty-four (24) hours of the next business day the Director of Public Works or designee regarding alterations of the operation of any signal or the installation/removal of any substitute controller or component.

H. Shut Downs
Contractor shall notify Coachella's Police Services (Riverside County Sheriffs Department) and the Director of Public Works or authorized representative of any signal tum-offs or tum-ons necessitated by his operations and shall not make said turnoffs or tumons until a staff member is present or unless given permission to proceed without staff presence by the Director of Public Works or authorized representative.

I. Type of Signal System Equipment
The fee prices for both the routine and extraordinary maintenance shall apply to all types of signal controllers, accessories and systems as may exist in the City now or that may be installed during the life of the Contract. At no additional compensation, the Contractor shall provide training and certifications to the personnel assigned to the City in maintenance and operation of the current City traffic signal equipment and related systems as needed. (BB&K: February 2006)

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J. Warranty Service
Newly installed traffic signal components typically carry a one (1) year warranty provided by the manufacturer and/or installing company. During the warranty period, Contractor is expected to coordinate warranty repairs with the appropriate manufacturer and/or installing firm. The Contractor shall notify the City of any undue delays in response by these other responsible parties in responding to warranty requests and provide a detail summary of the incident.

K. Traffic Control
Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times and conduct its operation as to cause the least possible obstruction and inconvenience to public traffic. No lane closures will be permitted between the hours of 7:00 a.m. and 9:00 a.m. or 3:00 p.m. to 6:00 p.m. unless an emergency exists and such a closure is necessary to safeguard the traveling public.

The Contractor shall furnish, erect and maintain such fences, barriers, lights, warning devices and signs in compliance with Part 6 "Temporary Traffic Control" of the current "California Manual of Uniform Traffic Control Devices" (MUTCD-Latest Version) published by the State of California, Department of Transportation, the standards as contained in the "Work Area Traffic Control Handbook" (WATCH-latest edition) published by Building News Inc. or as may be deemed necessary by the Director of Public Works or designee to give adequate warning to the public at all times that the road or street is obstructed and of any abnormal conditions to be encountered as a result thereof.

All trucks shall be equipped with a minimum of four (4) STOP signs and small barricades or stands that can be placed in the intersection during an emergency response or "blackout" intersection as needed. Each vehicle used to place and remove components shall be equipped with a flashing arrow board, which shall be in operation when the vehicle is being used for placing, maintaining, or removing components.

II. ROUTINE MAINTENANCE
The Contractor shall provide a continuing, comprehensive, routine maintenance program designed to eliminate or reduce the incidents of malfunctions, operational complaints and extend the useful life of the existing traffic signal control equipment. Contractor shall inspect, clean, and if necessary adjust all traffic signal control equipment to meet manufacturer's original specifications at each signalized intersection once each calendar month. The monthly inspection and cleaning of cabinets shall include the repair/replacement of parts in controller cabinet, detector loop patching, cleaning and realignment of signal indications, continuity checks, testing of the City's signal interconnect system, testing and repair of battery back-up systems, LED and pedestrian indication replacements (labor), rewiring, concrete and foundation repairs, and lamping to maintain existing operation. The Contractor shall be financially responsible for equipment determined to be damaged or affected due to neglected regularly scheduled maintenance. (BB&K: February 2006)

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A. Monthly Inspection
Contractor shall inspect, clean, adjust and make a routine inspection of each traffic signal location once per month per the approved proposal. Contractor agrees that it will maintain a record in each controller cabinet showing the date and time checked. Controllers shall not be replaced, except for repair, without prior approval of the City.

The Contractor shall submit a standard checklist for inspections and tasks that are conducted at each intersection, which shall include but not be limited to the following:

1. Clean the inside and outside of all controller cabinet assemblies, electrical service, battery back-up cabinets, and interconnect cabinets, removing any foreign material including graffiti. Tighten all electrical termination and check all Ethernet connections. Inspect/protect all related facilities for/from ant, bug, or rodent infiltration. Rust and water damage shall be reported to the City in the monthly report.

2. Check the timing of individual signal phasing and integral timing circuits for the correct operation per the timing sheet.

3. Check and verify timing of yellow (clearance) intervals on all phases by stopwatch per the timing sheet.

4. Check and set, if necessary, all real-time digital clocks to the National Bureau of Standard time.

5. Check detector units and systems including but not limited to inductive loops, video detection, and pedestrian push buttons for correct detection of both vehicles and pedestrians and adjust or repair as necessary to restore intended operation. This includes the splicing (or re-splicing)of detector loops and the replacement of pedestrian buttons as needed.

6. Inspect all relays, clocks, dials, motors, switches, and similar equipment for all components of the traffic signal systems. Make routine adjustments or minor repairs as needed.

7. Walk all approaches of the intersection and visually inspect all signal poles, mast arms, signal head and indications (including programmed visibility indications), traffic control signs, pedestrian signals, illuminated street name signs, loop sealants, pull box covers, and any other devices to verify the correct condition, placement, and/or operation. Any traffic signal or illuminated indication that is burned out or has reached 80 percent depletion curve shall be replaced. All traffic heads and pedestrian heads found out of alignment shall be properly aligned and secured. Check all traffic signal indication visibility at approach distances, remedy, or report visibility deficiencies to the City immediately. Missing signs including pedestrian push button plates shall be replaced. Cracked or damaged loop sealants shall be re-sealed. All other equipment found loose, missing or damaged shall be secured, replaced, or repaired.
(BB&K: February 2006) Page 87
Item 9.

8. Immediately correct all safety deficiencies found during routine inspection and submit work authorizations request to the City to schedule non-emergency work.

9. Check all traffic signal controller communication equipment for proper operation, verify correct IP addresses (controller) and adjust or repair as needed. Replacement of Ethernet switches shall be coordinated with the City and subject to its approval.

Contractor shall verify the grounds and connections of the copper twisted pairs at those locations using this communication system. Contractor shall test and make any repairs or adjustments. The City reserves the right to contract this work out to others. Contractor may be required to provide assistance to the City or other firms selected by the City to trouble-shoot Ethernet connections as requested.

10. Check Battery Back-up Systems for proper operations and connections including checking and recording operational voltage range of all batteries, and adjust or repair as needed. The date of new battery installations shall be recorded in the traffic signal cabinet and in the monthly status reports to track the frequency of their required maintenance. The Contractor shall notify the City of non-operable or low-output batteries within twenty-four (24) hours. The replacement of batteries shall be considered extra work and will require approval by the City. If batteries are found to be "exploded" or cracked, the Contractor may be responsible for the cost of the replacement if it is determined that they have not been properly inspected or maintained.

11. Inspection of illuminated street name signs, safety lights, and City owned street lights shall include at least one night-time inspection each month with replacement lamps as required in addition to the timely replacement of burned-out lamps as reported or observed. The Contractor shall notify the City of any sign panels or housing in need of refurbishment or replacement.

12. Inspect the operation of the flashing beacons and make any repairs or replacement of lights as required. For some locations, Contractor shall be responsible for updating the programming on an annual basis based on local school bell schedule.

Contractor shall also update the programming for daylight savings twice per year.

B. Quarterly Maintenance (Every Three Months)

1. Cabinet door locks and padlocks shall be lubricated with graphite lubricant or equivalent and maintained in good working order. Any missing or damaged locks shall be replaced and/or repaired.
(BB&K: February 2006) Page 88
Item 9.

C. Semi Annual Maintenance (Every Six Months)

1. Air Filters
Contractor shall replace the air filter elements in all cabinets so equipped every six (6) months.

2. Battery Back-Up System
Traffic signal battery back-up systems shall be checked by electrical bypass for appropriate operation per the manufacturer's specifications. The City shall approve the schedule prior to the commencement of work. Contractor shall also review and prepare a report of annual replacement of batteries by location and submit to the City.

D. Yearly Maintenance
The following tasks required once a year shall be included in the established monthly fees for routine maintenance.

1. Conflict Monitor
Contractor shall test conflict monitors using the MT-180 or equivalent conflict monitor tester on an annual basis. Contractor shall supply a report for each test conducted. The test shall be conducted utilizing a replacement monitor (like kind) to monitor the intersection while the test is being conducted. The testing shall take place on a schedule approved by the City. Testing of conflict monitors shall be included in the lump sum bid for extraordinary maintenance. Any conflict monitor that does not pass the test shall be repaired or replaced and billed as extraordinary maintenance.

2. Emergency Vehicle Pre-emption (EVP)
The optical detector lens shall be cleaned according to the manufacturer's specifications at all signalized intersections and fire-house installations throughout the City. Contractor shall test EVP system on an annual basis. Contractor shall supply a report for testing of EVP system at each intersection. Testing shall take place on a schedule approved by the City. Testing of EVP equipment shall be included in the lump sum bid for extraordinary maintenance. Any EVP equipment shall be repaired or replaced and billed as extraordinary maintenance.

3. Traffic Signal Controller Software
Contractor shall annually verify and update records of current software or firmware for the McCain 2070 controllers/McCain ATC 2070 eX systems. This includes the spare controllers that the Contractor maintains for emergency replacement of failed traffic signal controllers. All updates of controllers that require shut-down of the signal shall be coordinated
(BB&K: February 2006)

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Item 9.
with the City and may be required to be conducted at night. Software updates may be required as needed more frequently than once a year.

4. Painting
Contractor shall prepare and submit an annual work authorization request to the City listing cabinets (i.e., controller, splice pedestals, service) and signal head equipment that need painting as identified during the monthly maintenance reviews. Special notification shall be provided regarding rusting or water damage. Authorization for Contractor to proceed on the painting shall be subject to authorization per the terms of Extraordinary Maintenance. Painting to remove graffiti on signal equipment shall be performed by Contractor within twenty-four (24) hours of the observation or report. Contractor shall use the City's current paint standard color and apply paint coverage to provide uniform color on the equipment.

E. Repair and Replacement
Contractor shall replace or repair any and all defective parts of the signal system which cause signal failure or malfunction, as the occasion arises per the routine maintenance, such as the signal controller, flashers, burned-out lamps, detector loops, video detection cameras and/or units, push buttons, sensing units and wiring system, communication internal modems and/or interface units, unless the failure or malfunction falls in the category of extraordinary maintenance as defined in this Request for Proposal.

The Contractor shall complete all work within a timely manner notifying the City within twentyfour (24) hours of the next working day when any equipment is replaced with temporary replacements pending permanent repairs.

F. Loop Detector Replacement
Once it is determined by the City that the sawcut has deteriorated to a point that applying more sealant is insufficient, the loop detector shall be replaced at the bid price stated in the proposal per extraordinary maintenance.

G. Lamps and Lighting
Contractor shall furnish and replace all illuminated street name sign lamps and safety lighting lamps at all traffic signals and flashers based upon an 80% depletion curve. Contractor shall clean all LED modules, test for luminescence and report any that fall outside acceptable levels according to the specifications.

ISNS lamps shall be Signmaster LED Tl2 Lamp Bi-Directional. Safety lighting shall be replaced with an approved equivalent per the existing safety lamp (Leotek GreenCobra LED Light GCL1- 60G-MV-NW-3R-GY-530-SC); must meet ITE standards and registered on the Caltrans qualified products list.

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Item 9.

Contractor shall clean all LED and programmed visibility lenses, align signal heads and adjust all mast-arm-mounted street name signs as needed. The monthly routine maintenance bid price shall include lamp replacement of burned-out lights as needed. LED modules and pedestrian indication replacement modules (equipment only) are billed under extraordinary maintenance.

H. Conflict Monitors
Contractor shall test conflict monitors using the MT-180 or equivalent conflict monitor tester on an annual basis. Contractor shall supply a report for each test conducted. The test shall be conducted utilizing a replacement monitor (like kind) to monitor the intersection while the test is being conducted. The testing shall take place on a schedule approved by the City. Testing of conflict monitors shall be included in the lump sum bid for extraordinary maintenance. Any conflict monitor that does not pass the test shall be repaired or replaced and billed as extraordinary maintenance.

I. Battery Back-up Systems
Battery Back-up Systems including back-up unit and batteries shall be tested monthly in accordance with the manufacturer's recommended maintenance as a part of routine maintenance.

Battery Back-Up Units and Battery Back-Up Systems' batteries shall be replaced at the bid price stated in the proposal per extraordinary maintenance.

J. Emergency Service
Contractor shall maintain a 24-hour-per-day emergency service per the provision of routine maintenance for the replacement of burned-out lamps, turned heads, and controller malfunctions.

The Contractor shall make the required repairs to restore or maintain the traffic signal in good working condition. Temporary repairs may be required in the event of an accident or failure that may be covered under extraordinary maintenance. The intersections where said traffic signals are located shall be regularly patrolled by Contractor or his representatives.

Contractor shall make immediate service calls on an emergency basis, responding within one (1) hour of notification during normal working hours of the Contact, and within two (2) hours during non-working hours of the Contact, including Saturdays, Sundays, and holidays in the event of malfunctions of the controller or signal system or turned head. Contractor is required to provide the reporting party or Contact with an estimated time of arrival. The replacement of burned-out lamps need not be on emergency basis provided that there are at least two (2) indications still operative for each direction of travel. Such replacement shall be handled as soon as possible in a routine manner.

K. Payment for Routine Maintenance
Contractor shall submit separate monthly billings for routine maintenance at the Contract lump sum price per flashing beacon, per radar speed sign and per signalized intersection which shall include highway safety lights and illuminated street name signs, per month. Said compensation shall include all labor, materials, equipment, overhead and profits for routine services in the price bid per intersection, per month, and no extra compensation will be allowed.

III. EXTRAORDINARY MAINTENANCE
(BB&K: February 2006)

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Item 9.

Extraordinary/emergency maintenance involves the repair or replacement of equipment damaged by vehicle collisions, vandalism, civil disorder, windstorm, natural disasters, street construction or excavation. Extraordinary/emergency maintenance also includes replacements based on obsolescence, required MUTCD updates, or other unusual factors when the labor and materials necessary to ensure the safe and efficient operation of the City's traffic signal system goes beyond routine maintenance, as defined in Section III.

Contractor shall provide extraordinary/emergency maintenance for the City's traffic signal system and related equipment. The Contractor shall prepare and submit a work order to the City providing the details and justification for the needed repairs. The work shall be subject to City authorization and will be scheduled during regular hours whenever possible, City reserves the right to separately bid extraordinary maintenance work to other firms in the event a negotiated price or schedule of completing repairs cannot be reached which is acceptable to both parties or is deemed by the City to exceed the terms of the current Contract. Contractor may be required to assist or support other firms selected by the City as requested.

Generally, extraordinary/emergency maintenance of the City's traffic signal equipment and systems will include but not be limited to:

1. Repair and/or replacement of a failed or malfunctioning signal system caused by collisions, vandalism, civil disorder, windstorm, natural disasters, street construction or excavation.

2. Modifications to traffic signal equipment such as, but not limited to, upgrades of controller cabinets and controller components

3. Replacement of batteries for battery back-up systems

4. LED module replacements

5. Pedestrian indication replacements

6. Painting of cabinets and signal heads

7. New lenses and framework

8. Signal loop detectors

9. Video detection cameras

10. Interconnect installation, repair, terminations, and testing ofsame (excludes monthly testing)

11. Replacement when said equipment becomes obsolete or deteriorates beyond repair.
(BB&K: February 2006)

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Item 9.

Other Extraordinary Scope of Work
Contractor response to all Underground Service Alert (USA) requests/notices relating to traffic signals and interconnect shall be billed as extraordinary maintenance as authorized by the City.

Contractor may be required to assist in the final inspection of new installation or provide interim emergency response or repairs of signals not currently owned by the City as authorized by the City.

A. Notifications
The Contractor shall report to the Director of Public Works or authorized representative the conditions and provide satisfactory evidence that replacement is necessary per terms of Extraordinary Maintenance with cost estimates, including labor, to perform said work.

Contractor shall also submit to the City photo records of damaged equipment requiring repair or replacement resulting from collisions. No work shall proceed without the Director of Public Works' or his authorized representative's written authorization, except in emergencies and/or when the immediate replacement or repairs are required to prevent injury to persons or property damage.

All items of work requested in said Extraordinary Maintenance work orders shall be completed by the Contractor to the City's satisfaction within ten (10) calendar days with exemption consideration given to work orders requiring materials to be purchased or unless specifically directed otherwise by the City. The completion of final repairs subsequent to the Contractor's initial temporary repairs shall be subject to the same ten (10) calendar days completion requirements Should the Contractor be unable to complete the extra work within the specified time, the Contractor shall submit to the City a written explanation for the delay and an anticipated completion date for said work.

B. Emergencies
The Contractor shall respond immediately to emergency calls, such as a total blackout, when directed by the City and dispatch the qualified personnel and equipment to reach the site within one (1) hour under normal circumstances. For the emergency repair of a signal which is totally blacked out, the following procedure of traffic control shall apply:

1. The Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour under normal circumstances. The Contractor's vehicle shall carry traffic cones, etc., which shall be used when directing traffic during an emergency and/or when deemed necessary by the signal technician, the Director of Public Works or his representative.

2. If no police officer is present and temporary stop signs have been set up when the Contractor arrives at the site, the Contractor shall set up more traffic warning and control devices, if deemed necessary, and proceed to repair the signal. After the signal is back in operation, the Contractor shall remove all of the temporary traffic control devices and return those devices owned by the City.

(BB&K: February 2006)

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Item 9.

3. If the Contractor representative must leave a blacked out signal location that has stop signs, the technician shall set a flash operation when the power is restored. Contractor shall schedule a follow- up visit to tum off the flash and restore normal traffic signal operation when the power is available.

C. Underground Service Alert
The Contractor shall be the designated City representative in response to all Underground Service Alert (USA) requests/notices or at the request of City staff for the marking and protection of traffic signal underground facilities such as traffic signal and electrical conduit, interconnect facilities, loops, and other appurtenant equipment which might conflict with other right-of-way construction or repairs.

The Contractor shall be responsible for equipping its technicians with the proper locating devices and for maintaining an up-to-date or current inventory of as-builts (City to provide a set of its current records) for these facilities including field verification using these locating devices. All updates shall be transmitted to the City in a format adequate for its records.

In the event underground equipment is damaged by construction due to the Contractor's failure to properly mark the underground facilities per the records or reasonable effort using the appropriate equipment as determined by the City Engineer, the costs for repairs shall be the sole responsibility of the Contractor for facilities which were not properly marked. It shall also be the Contractor's responsibility to contact requesting party in the event the scope of work is vague or incomplete.

D. Traffic Signal Master/Interconnect
Contractor shall provide trained technicians/personnel in the field who have training in the operation and integration of the McCain and Iteris traffic signal master or equivalent and the related interconnect or communication system. Technicians assigned to the installation or repair of the City's interconnect shall have training or be directly supervised by a technician with experience in the installation and handling of copper, and Ethernet equipment. If this work is subcontracted, this information shall be supplied and subject to the approval of the City. Costs for additional assistance shall be assumed per the unit price for related interconnect.

E. Painting
Contractor shall repaint all metal standards, signal heads, back plates, visors, and controller housings as directed by the City. Repainting shall be conducted by spray painting methods with colors consistent with traffic signal standards and as approved by the City. Contractor shall annually prepare as part of the routine maintenance, a list of locations where painting may be necessary and submit to the City for work authorization for painting per extraordinary maintenance.

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Item 9.

EXHIBIT "A"
Signalized Intersections and Flashing Beacons
Traffic signals maintained for the City of Coachella.

1. Grapefruit Boulevard X Avenue 49, Video detection, battery backup

2. Grapefruit Boulevard X Gateway Center, Video detection

3. Grapefruit Boulevard X Park Lane, Video detection, battery backup

4. Grapefruit x 6th Street (New 2021) video detection, battery backup

5. Grapefruit X Sunset Drive Video detection, battery backup

6. Avenue 52 X Sunset Drive Video detection, battery backup

7. Avenue 52 X Tyler Street (New 2015) Video detection battery backup

8. Avenue 50 X Leoco Lane Video detection

9. Avenue 50 X Peter Rabbit Lane

10. Cesar Chavez X Avenue 50, Video detection

11. Cesar Chavez X Westerfield Way Video detection

12. Cesar Chavez X Avenue 51, Video detection

13. Cesar Chavez X Sixth Street Video detection

14. Cesar Chavez X Avenue 52, Video detection

15. Cesar Chavez X Avenue 53, Video detection, battery backup

16. Cesar Chavez X Avenue 54 video detection battery backup

17. Avenue 52 X Frederick Street Video detection battery backup

18. Avenue 51 x Frederick Street Video detection battery backup

19. Avenue 50 X Van Buren Street, Video detection

20. Dillon Road X Cabazon Avenue, battery backup

21. Dillon Road X Harrison Place, battery backup

22. Avenue 49 x Van Buren

23. Avenue 51 x Van Buren

24. Van Buren x Frida Way

25. Avenue 50 x Calhoun Page 95
Item 9.
26 Avenue 52 x Van Buren
27 Avenue 50 x Frederick Street, Video detection, battery backup Solar powered lighted crosswalk

1. Avenue 50 x Avenida del Parque

2. Avenue 51 x Mecca Street

3. Avenue 52 x Douma Street

4. Avenue 52 x Calle Avila

5. Cesar Chavez x Baghdad Avenue
6 Ave 52 x Shady Lane
7 Grapefruit x Leoco (New 2021)
8 Grapefruit x 4th Street (New 2021)
9 Grapefruit x 9th Street (New 2021)

10. Cesar Chavez x Valley Rd

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Item 9.

EXHIBIT "B"

SCHEDULE OF SERVICES
February 1, 2025 — January 31, 2028

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Item 9.

EXHIBIT "C"

COMPENSATION
Routine Maintenance
YUNEX

TRAFFIC
Item
No.

Item Description Unit
Quantity Unit Price
Total
Monthly Price
I
Routine inspection, preventative maintenance and
repairs of traffic signal systems, interconnect,
safety lights and illuminated street name signs.

Per Intersection, Per Month
27 $100.00 $2,700.00
2 Routine inspection, preventative
maintenance and repairs of flashing beacons.

Per Location, Per Month
10 $36.50 $365.00
Grand Total Cost for Monthly Routine Maintenance $3,065.00 Extraordinary Maintenance
Item
No.

Item Description
Unit
Quantity Unit Price Total Price
Signal Heads
1 Replace Red Ball LED 1 $128.00 $128.00
2 Replace Yellow Ball LED 1 $128.00 $128.00
3 Replace Green Ball LED 1 $128.00 $128.00
4 Replace Red Arrow LED 1 $130.00 $130.00
5 Replace Yellow Arrow LED 1 $130.00 $130.00
6 Replace Green Arrow LED 1 $202.00 $202.00
7 Replace Red Programmable Visor LED 1 $202.00 $202.00
8 Replace Yellow Programmable Visor LED 1 $202.00 $202.00 9 Replace Green Programmable Visor LED 1 $755.00 $755.00 10 Installation of 3 Section 12" LED Signal Head 1 $300.00 $300.00 11 Installation of 4 Section 12" LED Signal Head 1 $1,075.00 $1,075.00 12 Installation of 5 Section 12" LED Signal Head 1 $1,550.00 $1,550.00

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Item 9.

YUNEX

TRAFFIC
A SiemensBusiness
Controller, Cabinet & Appurtenances
Item Item Description Unit Unit Price Total
l Installation of New, Fully Wired Type P Cabinet I $2,900.00* $2,900.00* 2 Installation of New McCain 2070 Controller I $365.00* $365.00* 3 Major Upgrade of Existing Cabinet (excluding
controller) such as painting, rewiring &
auxiliary equipment upgrades
I $1,675.00 $1,675.00
4 Type II Service I $4,800.00 $4,800.00
5 Replacement of Detectors as needed 5 $340.00 $1,700.00 6 Installation of New Signal Monitor Unit as needed I $1,560.00 $1,560.00 7 Operation and Certification Testing of New Cabinet
and Controllers and Appurtenances (in accordance
with State of California testing procedures)
1 $1,275.00 $1,275.00
8 Annual Conflict Monitor Testing and Controller 27 $145.00 $3,915.00 9 Annual Emergency Vehicle Pre-emption devices 27 $45.00 $1,215.00 10 Replacement of Inoperable Conflict Monitors 1 $1,375.00 $1,375.00 Pedestrian Heads & Equipment
l
Replace LED Pedestrian Module Kits(countdown
only) 1 $190.00 $190.00
2 Replace ADA compliant Pedestrian Push Buttons 1 $125.00 $125.00 3 Replace Pedestrian Push Button Signage 1 $75.00 $75.00 4 Replace APS Pedestrian Push Button 1 $755.00 $755.00
Painting
I
Clean, Primer and Repaint Controller Cabinet and
Type 11 Electric Service Cabinet with City Approved
Paint Color, Per Intersection
1 $1,650.00 $1,650.00
2 Clean, Primer and Repaint Signal Head and Mounting
Surfaces with Industry Standard, City Approved Pain
Color, Per Intersection
I $400.00 $400.00
3 Clean, Primer and Repaint Pedestrian Heads
and Framework, Per Intersection 1 $3,400.00 $3,400.00
Detection
1 Replace Type C Loop Including Lead-In and Splicing 1 $1,450.00 $1,450.00 2 Replace Type D Loop Including Lead-In and Splicing 1-4 $820.00 $820.00 3 Replace Type D Loop Including Lead-In and Splicing 5-10 $550.00 $550.00 4 Replace Type E Loop Including Lead-In and Splicing 1-4 $820.00 $820.00 5 Replace Type E Loop Including Lead-In and Splicing 5-10 $550.00 $550.00 6 Video Detection Camera I $7,500.00** $7,500.00**
Battery Back-Up System
I Replace Battery Back-Up Unit I $13,000.00 $13,000.00
2 Replace Batteries, Per location 6 $2,125.00 $2,125.00 * - Material is NOT included in price, installation ONLY ** - Vantage cameras are discounted. Pricing is for a APEX camera with installation.

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Item 9.

YUNEX

TRAFFIC
A SiemensBusiness
Traffic Signs, Safety Lights, ISNS
tern Item Description Unit Unit Price Total Price
I
Installation/Replacement of Traffic Signs on Poles
or Mast Arms (sign cost not included) I $185.00 $185.00 2 Replacement of 6' ISNS Panel I $605.00 $605.00
3 Replacement of 8' ISNS Panel I $845.00 $845.00
4 Replacement of lnoperable llSNS Housing Light I $475.00 $475.00 5 Replacement of Inoperable Safety Light 1 $760.00 $760.00 6 Replacement of City owned streetlight pole I $6,000.00 $6,000.00 8 Replacement of City owned streetlight mast arm
(single)
$900.00 $900.00
7 Replacement of City owned streetlight mast arm
(double)
I
$1,700.00 $1,700.00
8 Replacement of City owned streetlight luminaire l
$850.00 $850.00
Underground Service Alert
I
Response to USA Requests/Notices or at the request ol
the City for the marking and protection of traffic signal underground facilities such as traffic signal and
electrical conduits, interconnect facilities, loops, and other appurtenant equipment which might conflict with
other right-of-way construction or repairs.

I $375.00 $375.00
Labor & Equipment Rates
Item
No. Item Description
Regular
Time Overtime Premium
Labor Rates
I Signal Maintenance Superintendent $90.00 $90.00 $90.00 2 Signal Maintenance Technician $148.00 $180.00 $212.00 3 Field Traffic Signalman $148.00 $180.00 $212.00
4 Laborer $127.00 $177.00 $177.00
5 Painter $103.00 $123.00 $143.00
Equipment Rates
I Aux Lift (Hydraulic Boom) $35.00 X
2 Pickup Truck $30.00 X
3 Service Truck $30.00 X
4 Service Ladder Truck NOT SAFE X
5 Boom Ladder Truck (Man Lift) $35.00 X
7 Compressor with Tools $5.00 X
8 Crane $65.00 X
- 13 -
Regular, Overtime, and Premium time explanation:
 Regular Hours are Monday through Friday (excluding holidays) from 7:30am to 4:00pm.  Overtime Hours are Monday through Friday after these work hours for the first two hours as well as Saturday for the initial 10 working hours.  Premium Hours are Monday through Friday after two hours of OT, Saturdays after 10 hours worked in the city, all day Sunday starting at 12:00am until Monday at 7:30am and all holidays as listed per the DIR and outlined in the memo dated March 15th, 2023 (see below) starting at 12:00am until the next morning at 7:30am/
a. https://www.dir.ca.gov/porl/Important_Notices_Archives/03-15-2023.pdf

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Item 9.

STAFF REPORT
1/22/2025
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Amendment #2 to the Professional Services Agreement with Angenious Engineering Services, Inc. in an amount of $49,500 to provide Professional Engineering Services in preparation of a funding grant application for the SR86/Avenue 50 Interchange Project (ST-81).

STAFF RECOMMENDATION:

Authorize the City Manager to Execute Amendment #2 to the Professional Services Agreement with Angenious Engineering Services, Inc. in an amount of $49,500 to provide Professional Engineering Services in preparation of a funding grant application for the SR86/Avenue 50 Interchange Project (ST-81).

BACKGROUND:

The Office of the Secretary (OST) posted the U.S Department of Transportation (DOT) FY 2025 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program on November 1, 2024. The funding application is due at 11:59 pm EST on January 30, 2025.

The goal of the RAISE program is to fund eligible surface transportation projects that will have a significant local or regional impact that advance the Departmental priorities of safety, equity, climate and sustainability, and workforce development, job quality, and wealth creation, consistent with law, and as described in the Department’s Strategic Plan and in executive orders. The FY 2025 RAISE BIL funds have appropriated $1.5 billion. The DOT will distribute these funds on a competitive basis in a manner consistent with the selection criteria.

DISCUSSION/ANALYSIS:

On November 18, 2015, City Council adopted resolution No. 2015-27 authorizing the City Manager to execute on behalf on the City any and all agreements associated with the ST-81 project.

On November 27, 2019 the City entered into a Professional Services Agreement with Angenious Engineering Services for Professional Engineering Services in preparation of a funding grant application. On October 14, 2020 the City authorized Amendment #1 for additional professional services for the SR86/Avenue 50 Interchange Project. City Staff recommends authorizing

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Item 10.

Amendment #2 for professional engineering services in preparation of a RAISE funding grant application.

A new interchange at Avenue 50 on SR-86 would provide significant opportunities to promote sustainable economic growth, environmental competitiveness, and improve quality of life in our region. Should the grant be successful, the federal participation share of the cost of the project shall be up to $25 million. The balance local matching fund shall be sharded between CVAG at 75% and City at 25%.

FISCAL IMPACT:

On October 28, 2013 the City of Coachella entered into a cost share agreement with CVAG for the Avenue 50 Bridge over Coachella Valley Stormwater Channel Project (ST-69) and SR86/Avenue 50 Interchange Project (ST-81). On October 6, 2015 the City entered into Cooperative Agreement #08-1596 with Caltrans for preliminary engineering for the SR86/Avenue 50 Interchange Project. The $49,500 PSA amendment shall be billed to the existing allocated ST81 CIP project.

ATTACHMENTS:

1. Professional Services Amendment No. 2 for ST-81

2. Notice of Funding Opportunity for the Rebuilding America Infrastructure with Sustainability and Equity Program

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Item 10.
26000 Towne Centre Drive, Suite 100
Foothill Ranch, CA 92610
Tel: 949-599-5400
www.Angenious-es.com
Expert Services | Transportation Engineering
January 9, 2025
Mr. Andrew Simmons
City Engineer
City of Coachella
53-990 Enterprise Way,
Coachella, CA 92236
RE: Avenue 50 Bridge Over Coachella Valley Storm Water Channel, ST-69 Professional Service Agreement (PSA) Amendment Request – Extra Work Dear Mr. Simmons:

Per the City’s request, we are respectfully submitting this PSA amendment request for our subconsultant, Fehr & Peers, to perform extra work for the above referenced project. Fehr & Peers will assist the City in preparing the 2025 Rebuilding America’s Infrastructure with Sustainability and Equity (RAISE) Grant Program application, which is due on January 30, 2025.

Our subconsultant’s letter is attached, and the costs are summarized in the table below:

Descriptions Amounts
Fehr & Peers Amount $45,000.00
10% Administration Fee $4,500.00
Total PSA amendment Request Amount $49,500.00
We always strive to improve quality, utilization, and productivity in our sustainable engineering services.

Should you have any questions, please feel free to contact me at (949) 599-5400 or via email at [email protected].

Sincerely,
Andy Cheah, PE
Principal/ Project Manager
Attachment
C. File

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Item 10.
3750 University Avenue | Suite 225 | Riverside, CA 92501 | (951) 274-4800 www.fehrandpeers.com
December 20, 2024
Andrew Simmons
City of Coachella
53990 Enterprise Way ◦ Coachella, CA 92236
[email protected]
Subject: Proposal to Prepare an Application for the 2025 Rebuilding America’s Infrastructure with Sustainability and Equity (RAISE) Grant Program Dear Mr. Simmons:

Fehr & Peers is pleased to provide this proposal to provide technical support for preparing the Rebuilding America’s Infrastructure with Sustainability and Equity (RAISE) grant application for the SR 86/Avenue 50 Interchange project. This task will involve preparation of the RAISE grant application narrative sections using information contained in the prior discretionary grant applications for the Project and updating the benefit-cost analysis (BCA) spreadsheets to reflect changes to the project and changes to USDOT benefit values. We will coordinate closely with you to obtain any additional information needed for the narrative and/or BCA. Our proposed Scope of Work is provided below.

Scope of Work
1) Project Management & Coordination
a) Weekly coordination meetings with the team
b) Project tracking, progress reporting, and invoicing
c) Develop a schedule with milestones to ensure the grant is submitted on time. 2) Narrative Sections
a) Review prior materials, including prior plans, assessments, and other materials that inform the Project’s benefits; Review prior grant applications prepared for the Project, including the 2020 BUILD and TCEP grant applications and the prior BCAs. b) Prepare a draft outline of the narrative based on our understanding of the application requirements and our experience on other RAISE grant applications. c) Prepare a draft narrative for the application, highlighting how the project would meet the unique requirements pursuant to the NOFO.
d) Send a draft of the narrative to you for review and comment. We will enhance the competitiveness of this application by pulling in as much supporting data as available to describe the importance of this facility. We will send you the draft narrative one section at a time to allow for concurrent review given the short application window.

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Item 10.

Andrew Simmons
December 20, 2024

Page 2 of 2 ends

FEHR & PEERS
P24-2626
3) Benefit Cost Analysis (BCA) & BCA Narrative
a) Coordinate with you to obtain data that we do not have and determine if data can be obtained. If data is not available, the benefits may need to be qualitatively discussed in the narrative rather than included in the BCA.
b) Set up the BCA spreadsheets for the application in conformance with the RAISE 2025 program requirements.
c) Run the BCA and submit for your review; modify based on one round of consolidated comments.
d) Prepare the BCA Narrative pursuant to the RAISE requirements; submit to you for review and modify based on one round of consolidated comments, if needed, prior to finalizing.

Deliverables:
1) Weekly project coordination and progress tracking
2) Draft RAISE application outline
3) Draft and Final Narrative Sections
4) Draft and Final BCA completed in compliance with the NOFO for RAISE 5) Draft and Final BCA Narrative
Cost: $45,000
Fee and Schedule
The fee to conduct the scope of work will be billed on a time-and-materials basis for a fee not to exceed $45,000 for work conducted through January 30, 2025.

Any additional work requested outside of this scope of work will be scoped and budgeted on a time-and-material basis with your prior authorization. Fehr & Peers can begin work immediately upon receiving a signed contract and email notice to proceed. If you have any questions, please call us at (949) 308-6315.

Sincerely,
Jolene Hayes, AICP
Senior Associate
Delia Votsch, PE
Operations Manager

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Item 10.

SECOND AMENDMENT TO AGREEMENT BETWEEN

THE CITY OF COACHELLA
AND ANGENIOUS ENGINEERING SERVICES, INC.

Project ST-81
THIS SECOND AMENDMENT ("Amendment") is made and entered into as of January 22nd, 2025 by and between the City of Coachella ("City") and Angenious Engineering Services, Inc. ("Consultant"). In consideration of the mutual covenants and conditions s et forth herein, the parties agree as follows:

1. RECITALS. This Amendment is made with the respect to the following facts and purposes:
a. On or about November 27
th, 2019 the City and Consultant entered into that certain agreement entitled "City of Coachella Professional Services Agreement" between the City and Consultant in the amount of $148,000 for project ST-81. b. On or about October 6th, 2020 the City and Consultant entered into the “First Amendment to” agreement between the City and Consultant in the amount of $15,000.00.
c. The parties now desire to amend the Agreement as set forth in this Amendment.

2. AMENDMENT

3.1 General Scope of Services. Section 3.1.1 of the Agreement is hereby amended to include the additional Scope of Services to be performed for the SR-86/Avenue 50 Interchange Project, ST-81 under this Amendment No. 2 referenced as EXHBIIT “A”.

3.2 Performance Period. Section 3.1.2 of the Agreement is hereby amended to go into effect on January 22, 2025 contingent upon approval by City, and Consultant shall commence work after notification to proceed by City’s Agreement Administrator. The Agreement shall end on January 21, 2026, unless extended by Agreement Amendment.

3.3 Allowable Costs and Payments. Section 3.3.1 of the Agreement is hereby amended to increase the compensation, including authorized reimbursements, for all services rendered under this Agreement as set forth in EXHIBIT “B” attached hereto and incorporated herein by reference.

The method of payment in Sections 3.3.1.A and B of the Agreement are hereby amended to actual cost plus a ten percent (10%) fixed fee. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs; plus ten percent fixed fee) incurred by Consultant in performance of the work. The total authorized compensation for the Amendment No. 2 is

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Item 10.
in the amount not to exceed Forty-Nine Thousand Five Hundred Dollars ($49,500.00).

The amended total compensation shall not exceed Two Hundred Twelve Thousand Five Hundred Dollars ($212,500.00) without written approval of the City’s representative.

Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this agreement.

3.4 Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, itshall mean the Agreement as amended by this Amendment.

3.5 Adequate Consideration . The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

3.6 Counterparts. This Amendment m a y be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

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Item 10.

IN WITNESS THEREOF, the parties have executed this Amendment as of the day and year first set forth above, which date shall be considered by the parties to be the effective date of this Amendment.

CITY OF COACHELLA ANGENIOUS ENGINEERING SERVICES, INC.

By:____________________________ By:_________________________ Andy Cheah
City Manager Principal/ Project Manager
By: ________________________________
City Attorney
Attest: ___________________________________
City Clerk

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Item 10.
1 FY 2025 Notice of Funding Opportunity
Rebuilding American Infrastructure with Sustainability and Equity Grant Program Office of the Secretary
US Department of Transportation (DOT)
Table of Contents
A. Basic Information.................................................................................................................. 3

1. Round 1 ................................................................................................................................ 5

2. Round 2 ................................................................................................................................ 6

3. Changes from the FY 2024 NOFO ...................................................................................... 6 B. Eligibility ................................................................................................................................ 7

1. Eligible Applicants ............................................................................................................... 7

2. Minimum Funding Request For Capital Projects ................................................................ 7

3. Application Limit ................................................................................................................. 8

4. Cost Sharing ......................................................................................................................... 8

5. Pre-Award Authority ............................................................................................................ 9

6. Location Designations ......................................................................................................... 9

7. Eligible Projects ................................................................................................................. 10

8. Project Components ........................................................................................................... 12

9. Reduced Awards ................................................................................................................. 12

10. Previous RAISE/BUILD/TIGER Recipients ................................................................. 13 C. Program Description .......................................................................................................... 14

1. Program History and Authorization ................................................................................... 14

2. Program Goals and Objectives ........................................................................................... 14

3. Restrictions on Funding ..................................................................................................... 15

4. Availability of Funds .......................................................................................................... 16

5. Performance Goals ............................................................................................................. 16

6. Previous Awards ................................................................................................................. 16 D. Application Content and Format ...................................................................................... 17

1. Standard Form 424 ............................................................................................................. 17

2. FY 2025 RAISE Project Information Form ....................................................................... 18

3. Project Description File ..................................................................................................... 18

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Item 10.
2 4. Project Location File.......................................................................................................... 18

5. Project Budget Files........................................................................................................... 19

6. Merit Criteria File .............................................................................................................. 21

7. Project Readiness File........................................................................................................ 21

8. Benefit-Cost Analysis........................................................................................................ 25 E. Submission Requirements and Deadline .......................................................................... 27

1. Address to Request Application Package .......................................................................... 27

2. Unique Entity Identifier (UEI) and System for Award Management (SAM).................... 27

3. Submission Deadline ......................................................................................................... 27

4. Intergovernmental Review................................................................................................. 28

5. Compliance with Section 508 of the Rehabilitation Act of 1973 ...................................... 28 F. Application Review Information ....................................................................................... 29

1. Criteria ............................................................................................................................... 29

2. Review and Selection Process ........................................................................................... 48 G. Award Notices...................................................................................................................... 50

1. How Project Selections Are Announced............................................................................ 50

2. Announcement Dates......................................................................................................... 50

3. Pre-Award Costs ................................................................................................................ 50

4. Reimbursable Program....................................................................................................... 50 H. Post-Award Requirements and Administration............................................................... 52

1. Administrative and National Policy Requirements............................................................ 52

2. Reporting............................................................................................................................ 55 I. Federal Awarding Agency Contact(s)................................................................................ 57 J. Other Information .............................................................................................................. 58

1. Protection of Confidential Business Information .............................................................. 58

2. Publication and Sharing of Application Information......................................................... 58

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Item 10.
3 A. BASIC INFORMATION
The Office of the Secretary (OST) announces the intention to hold two rounds of selections under the FY 2025 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Notice of Funding Opportunity (NOFO).
• Round 1 – The Department is reserving a portion of the $1.5 billion in FY 2025 RAISE funds, provided by the Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law, or BIL), for Highly Rated applications that were not selected under the FY 2024 RAISE NOFO and designated FY 2024 Projects of Merit. FY 2024 Projects of Merit not selected for award under Round 1 must submit a revised application in Grants.gov to be considered under Round 2 of the FY 2025 RAISE program.
• Round 2 – The Department will make another round of selections using a portion of the $1.5 billion in FY 2025 RAISE BIL funds and/or additional funding that may become available for the program under the FY 2025 Appropriations Act. Please note, all FY 2025 annual appropriations amounts are subject to availability of funding. DOT cannot guarantee that Congress will appropriate additional funding to RAISE via a future FY 2025 appropriation.

The FY 2024 RAISE NOFO stated:
• Projects for which an FY 2024 RAISE application is advanced by the Senior Review Team to the Highly Rated List, but that are not awarded, are automatically designated as “Projects of Merit.” Projects with this designation will be carried over into FY 2025 RAISE and considered by the SRT for advancement to the Highly Rated List, along with other FY 2025 applications eligible for advancement to the Highly Rated List.

The Department is reducing the burden on all previous applicants, who would otherwise have to revise and resubmit applications, by evaluating and selecting applications for funding using the same criteria as the FY 2024 RAISE NOFO originally published on November 30, 2023.

Additionally, this process expedites selections making a portion of the funds available to project sponsors earlier.

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Item 10.
4 Topic Description
Announcement Type This is the initial announcement for the FY 2025 round of this program
Funding Opportunity
Title
FY 2025 National Infrastructure Investments
Funding Opportunity
Number
DTOS59-25-RA-RAISE
Assistance Listing
Number

20.933 National Infrastructure Investments
Prior Awards • In FY 2024, the Department received 1048 eligible applications requesting nearly $13 billion
• 148 projects were awarded a total of $1.8 billion
• Awards were made to projects in all 50 states, the District of Columbia, Puerto Rico, American Samoa, Guam, and the
Northern Mariana Islands
• Awards ranged from $328,000 to $25 million
Maximum Award
Size
• RAISE grant awards are capped at $25 million
Submission
Requirements and
Deadlines
Round 1: FY 2024 Projects of Merit
• FY 2024 Projects of Merit must email
[email protected] by 11:59 pm December 2, 2024 if
they want their FY 2024 application considered for award under the reserved funding
• No amendments are being made to either the selection
criteria or process. No application modifications will be needed or accepted
• Round 1 selections are expected to be announced by January 13, 2025
• FY 2024 Projects of Merit not selected for award under Round 1 must submit a revised application in Grants.gov to be considered under Round 2 of the FY 2025 RAISE
program.

Round 2: All Applicants
• All interested applicants must submit applications in Grants.gov no later than 11:59 pm eastern on January 30, 2025.
• Complete instructions on how to register and apply can be found at Grants.gov. If applicants experience difficulties at any point during registration or application process, please use the help available on Grants.gov such as the Customer Support Hotline at 1-800-518-4726 or email
[email protected]
• Round 2 selections are expected to be announced no later than June 28, 2025.

Eligible Activities Planning and/or constructing surface transportation infrastructure

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Item 10.
5 Eligible Applicants • States and the District of Columbia • Any territory or possession of the United States
• A unit of local government
• A public agency or publicly chartered authority established by one or more States
• A special purpose district or public authority with a transportation function, including a port authority
• A Federally recognized Indian Tribe or a consortium of such Indian Tribes
• A transit agency
• A multi-State or multijurisdictional group of entities that are separately eligible
Reconnecting Extra
Designation
• Applications submitted for consideration under Round 2 of the FY 2025 RAISE competition, that have an identical
project scope to applications that were submitted and
evaluated under the FY 2024 Reconnecting Communities
Program (RCP) competition and received the designation of “Reconnecting Extra,” will automatically advance for
second-tier analysis if they receive an overall merit rating of “Recommended” and have at least one “High” rating in a
priority criterion.
• The Department expects projects that rated well under the FY 2024 RCP Program criteria will do well under the FY
2025 RAISE program criteria.
• Applicants should note in the FY 2025 RAISE Project
Information Form whether their FY 2025 RAISE application was also submitted under the FY 2024 RCP competition and received the “Reconnecting Extra” designation
Questions Email [email protected]
Due to the competitive nature of the program, during the application submittal phase, the Department is unable to accommodate individual meeting requests to discuss the opportunity or specific project ideas, and unable to provide individualized guidance or render opinions about the merit of a specific project.

1. ROUND 1
i. Reservation of Funds for FY 2024 RAISE Projects of Merit Under this NOFO, the Department is making a portion of the $1.5 billion in FY 2025 RAISE BIL funding available to Highly Rated applications that were submitted but not selected under the FY 2024 RAISE NOFO. The Department will follow the criteria and process set forth in the FY 2024 RAISE NOFO for making selections to receive the reserved funding.

The Department will carryover all applications that advanced to the Highly Rated List but were not selected for funding. These projects were designated as FY 2024 Projects of Merit. For

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Item 10.
6 purposes of this reservation of funds, the Department incorporates the FY 2024 RAISE NOFO by reference and will follow that NOFO criteria for all Round 1 selections.

Using the discretionary authority provided in statute, the Secretary will select projects from the FY 2024 Projects of Merit List for award, consistent with the selection criteria and statutory requirements for geographic and modal diversity. The Secretary may, depending on the pool of qualified applications, seek to award at least one project per state or territory.

If an applicant submitted an application for funding under the FY 2024 RAISE NOFO, advanced to the Highly Rated List, but was not selected and thus designated a Project of Merit, such applicant must notify the Department by emailing [email protected] by December 2, 2024, if the applicant wishes for that application to be reconsidered for award using this reservation of funding.

FY 2024 RAISE Projects of Merit seeking reconsideration of their unawarded application will not be permitted to modify, amend, or supplement applications. To maximize chances of obtaining an award, FY 2024 RAISE Project of Merit applications may request consideration under the reserved funds, and they may also submit applications for Round 2 of this NOFO. The FY 2024 Project of Merit application(s) will count against an entity’s three-application limit.

2. ROUND 2
i. Funding for FY 2025 RAISE Applications
Under this NOFO, in addition to Round 1, the Department intends to make another round of selections using a portion of the $1.5 billion in BIL funds and/or additional funding that may become available for the program under the FY 2025 Appropriations Act. Please note, all FY 2025 annual appropriations amounts are subject to availability of funding. DOT cannot guarantee that Congress will appropriate additional funding to RAISE via a future FY 2025 appropriation.

All interested applicants must submit applications in Grants.gov no later than 11:59 pm eastern on January 30, 2025. Round 2 selections are expected to be announced no later than June 28, 2025.

3. CHANGES FROM THE FY 2024 NOFO
This FY 2025 RAISE NOFO makes changes from the FY 2024 RAISE NOFO to:
• Outline the process to carry forward FY 2024 RAISE Projects of Merit applications for consideration under Round 1 of the FY 2025 RAISE NOFO;
• Reserve a portion of the $1.5 billion FY 2025 BIL funding for FY 2024 RAISE Projects of Merit applications;
• Update Areas of Persistent Poverty to account for the most recent annual Small Area Income Poverty Estimates as estimated by the Bureau of the Census; • Update references to comply with updated 2 CFR Part 200 Appendix I; and • Improve organization and clarity of the information the Department uses to assess project readiness.

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Item 10.
7 B. ELIGIBILITY

1. ELIGIBLE APPLICANTS
Eligible applicants for RAISE grants are:
• States and the District of Columbia
• Any territory or possession of the United States
• A unit of local government
• A public agency or publicly chartered authority established by one or more States • A special purpose district or public authority with a transportation function, including a port authority
• A Federally recognized Indian Tribe or a consortium of such Indian Tribes • A transit agency
• A multi-State or multijurisdictional group of entities that are separately eligible Ineligible applicants for RAISE grants are:
• Federal agencies
• Non-profits
• Private entities
• Individuals
Multiple states or jurisdictions may submit a joint application, designating a lead applicant as the primary contact and award recipient. The application should outline each applicant's roles and responsibilities.

DOT expects the applicant to manage and deliver the project. If the applicant plans to transfer the award to another agency, this should be stated in the application, along with a supporting letter from the designated entity.

2. MINIMUM FUNDING REQUEST FOR CAPITAL PROJECTS
Capital Grants Minimum Request
Rural Areas $1 million
Urban Areas $5 million
Applicants submitting capital grant applications for projects located in rural areas must request at least $1 million in RAISE funding. Applicants submitting capital grant applications for projects located in urban areas must request at least $5 million in RAISE funding. Failure to request the minimum funding amount for a capital grant application will result in the application being ineligible.

There is no minimum funding request requirement for planning grant applications.

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Item 10.
8 3. APPLICATION LIMIT
Each applicant can submit up to three applications. Unrelated project components should not be combined in one application to meet this limit. If an applicant submits more than three applications, only the first three will be considered.

4. COST SHARING
Cost sharing means the portion of the project’s cost that is not paid by Federal funds. Cost share funds are typically stated as a percentage of the total project cost. The Department only considers an application’s Federal share to confirm eligibility.

Project Location Cost Share Requirement
Urban Up to 80% Federal Funding
Rural
Area of Persistent Poverty Up to 100% Federal Funding
Historically Disadvantaged Community
The Federal share for RAISE grant projects shall not exceed 80 percent unless the project receives one of the following location designations (see Location Designations for definitions):
• Rural
• Area of Persistent Poverty (APP)
• Historically Disadvantaged Community (HDC)
Applicants with projects located in one of the designated areas above are eligible to fund the project up to 100 percent with Federal funding. Projects located in an urban area, that are not designated APP and/or HDC, that have more than 80 percent federal funding will be ineligible.

Applicants should use the following equation when determining the cost share for their project:
(𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹 𝑮𝑮𝑮𝑮𝑮𝑮𝑮𝑮𝑮𝑮 𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹 + 𝑶𝑶 𝑶𝑶 𝑭𝑭 𝑭𝑭 𝑭𝑭 𝑭𝑭 𝑭𝑭 ) 𝑻𝑻𝑻𝑻 𝑷𝑷 𝑷𝑷 𝑷𝑷 𝑪𝑪 = 𝑭𝑭 𝑭𝑭 𝑭𝑭 𝑪𝑪
Total Project Cost means the sum of future eligible Federal and non-Federal costs yet to be incurred.

Eligible sources of non-Federal funds include:
• State funds originating from programs funded by State revenue • Local funds originating from State or local revenue-funded programs • Private funds
• Tribal transportation program funds under section 202 of title 23 • Federal lands transportation program funds under section 203 of title 23 • TIFIA program funds (as defined in section 601(a) of title 23) • Railroad Rehabilitation and Improvement Financing Program under chapter 224

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Item 10.
9 • Federal credit assistance (if repaid from non-Federal sources) Toll credits under 23 U.S.C. 120(i) are considered a Federal source under the RAISE program.

Unless otherwise authorized by statute, funds used to satisfy the cost-share requirements of a different Federal program may not be counted as the cost-share for both the RAISE grant and another Federal grant program.

Non-Federal funds are subject to the same Federal requirements as RAISE grant funds.

For each project that receives a RAISE grant award, the terms of the award will require the recipient to complete the project using at least the level of non-Federal funding that was specified in the application. If the actual costs of the project are greater than the costs estimated in the application, the recipient will be responsible for addressing the funding shortfall and maintaining the level of non-Federal funding stated in the application. If the actual costs of the project are less than the costs estimated in the application, the Department will generally reduce the Federal contribution to ensure federal cost share requirements are met.

5. PRE-AWARD AUTHORITY
Unless authorized by the Department in writing after announcement of FY 2025 RAISE awards, any costs incurred prior to the Department’s obligation of funds for a project (“pre-award costs”) are ineligible for reimbursement and cost share requirements. 1 In general, RAISE
Program funds are administered on a reimbursement basis. Grant recipients will generally be required to pay project costs upfront using their own funds, and then request reimbursement for those costs. If a recipient cannot complete a project on reimbursement basis, DOT will—on a case-by-case basis—consider recipient requests to use alternate payment methods as described in 2 CFR 200.305(b), including advance payments.

6. LOCATION DESIGNATIONS
i. Urban or Rural
Urban and rural definitions differ across DOT programs. For the RAISE program:
• Urban: A project is designated as urban if it is located within (or on the boundary of) a Census-designated urban area that had a population greater than 200,000 in the 2020 Census.2
• Rural: A project is designated as rural if it is located outside a Census-designated urban area that had a population greater than 200,000 in the 2020 Census. 1 Pre-award costs are costs incurred after award announcement, but directly pursuant to the negotiation of a grant agreement where such costs are necessary for efficient and timely performance of the scope of work, as determined by DOT. Costs incurred under an advance construction (23 U.S.C. 115) authorization before the DOT announces that a project is selected for a FY 2025 RAISE award cannot be charged to FY 2025 RAISE funds. Likewise, costs incurred under an FTA Letter of No Prejudice under Chapter 53 of title 49 U.S.C. before the DOT announces that a project is selected for a FY 2025 RAISE award, cannot be charged to FY 2025 RAISE funds. 2 For the purpose of this NOFO, the definition of urban and rural is based on the 2020 Census-designated urbanized areas. The Department is required by the BIL to use the most recent decennial census information.

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Item 10.
10 The Department provides an interactive map to show Census-designated urban areas with populations greater than 200,000 in the 2020 Census.

A project located in both an urban and a rural area will be designated as urban if the majority of the project’s costs will be spent in urban areas. Conversely, a project located in both an urban area and a rural area will be designated as rural if the majority of the project’s costs will be spent in rural areas. For RAISE planning grants, the location of the project being planned, prepared, or designed will be used for the urban or rural designation.

Urban and rural designations impact the following aspects of the RAISE program:
• Minimum RAISE funding requirements
• Fundings restrictions
• Cost share
ii. Areas of Persistent Poverty and Historically Disadvantaged Communities The Department provides an interactive map to show Areas of Persistent Poverty and Historically Disadvantaged Communities.

Areas of Persistent Poverty (APP) are defined by RAISE statute:
• Any county that has consistently had greater than or equal to 20 percent of the population living in poverty during the 30-year period preceding November 15, 2021, as measured by the 1990 and 2000 decennial census and the most recent annual Small Area Income Poverty Estimates as estimated by the Bureau of the Census o The FY 2025 RAISE NOFO updated county APP designations to utilize the most recent annual Small Area Income Poverty Estimates as estimated by the Bureau of the census.
• Any census tract with a poverty rate of at least 20 percent as measured by the 2014-2018 5-year data series available from the American Community Survey of the Bureau of the Census
• Any territory or possession of the United States
Historically Disadvantaged Communities (HDC) are defined by the Justice40 Interim Guidance Addendum issued by the White House Office of Management and Budget (OMB), White House Council on Environmental Quality (CEQ), and Climate Policy Office (CPO):
• Any census tract or tracts identified as disadvantaged in the Climate & Economic Justice Screening Tool (CEJST), created by CEQ, which identifies such communities that have been marginalized by underinvestment and overburdened by pollution • Any Federally Recognized Tribe or Tribal entity, whether or not they have land

7. ELIGIBLE PROJECTS
i. Capital Projects
Eligible capital projects activities include:
• Highway or bridge projects eligible under title 23, United States Code

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Item 10.
11 • Public transportation projects eligible under chapter 53 of title 49, United States Code • Passenger and freight rail transportation projects
• Port infrastructure investments (including inland port infrastructure and land ports of entry)
• The surface transportation components of an airport project eligible for assistance under part B of subtitle VII of title 49, United States Code3 • Intermodal projects whose component parts are otherwise an eligible project type • Projects to replace or rehabilitate a culvert or prevent stormwater runoff for the purpose of improving habitat for aquatic species while advancing the goals of the RAISE program • Projects investing in surface transportation facilities that are located on Tribal land and for which title or maintenance responsibility is vested in the Federal Government • Any other surface transportation infrastructure project that the Secretary considers to be necessary to advance the goals of the program4
o Public road and non-motorized projects that are not otherwise eligible under title 23, United States Code
o Surface transportation components of transit-oriented development projects o Surface transportation components of mobility on-demand projects that expand access and reduce transportation cost burden
Ineligible capital projects are:
• School bus electrification and broadband deployment as a standalone project • Improvements to Federally owned facilities
o Unless the project is investing in surface transportation facilities that are located on Tribal land and for which title or maintenance responsibility is vested in the Federal Government
If a project type isn't explicitly listed as eligible or ineligible, applicants should explain its necessity for advancing the RAISE program goals in their application. The Department will then determine eligibility individually.

Research, demonstration, or pilot projects are only eligible if they lead to long-term, permanent surface transportation infrastructure with independent utility as defined in the Project Components section.
ii. Planning Projects
Eligible planning projects activities include:
3 Eligible surface transportation components of eligible airport projects are those projects listed in “Appendix P:

Road and Surface Transportation Projects” of the Airport Improvement Program (AIP) handbook. For more details on airport project eligibility, please see the Frequently Asked Questions on the RAISE website. 4 DOT may award a RAISE grant to pay for the surface transportation components of a broader project that has nonsurface transportation components, and applicants are encouraged to apply for RAISE grants to pay for the surface transportation components of these projects. However, costs for non-surface transportation components are not eligible to count as matching funds for the RAISE grant.

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Item 10.
12 • Planning, preparation, or design of eligible surface transportation capital projects described in the Capital Projects section that will not result in construction with FY 2025 RAISE funding.
o For example: environmental analysis, equity analysis, community engagement, feasibility studies, benefit-cost analysis, and other pre-construction activities • Development of master plans, comprehensive plans, transportation corridor plans, and integrated economic development, land use, housing, and transportation plans • Zero emissions plan for transit fleet
• Planning activities related to the development of a multimodal freight corridor, including those that seek to reduce conflicts with residential areas and with passenger and nonmotorized traffic • Planning activities related to zero emission goods movement • Development of port and regional port planning, including State-wide or multi-port planning within a single jurisdiction or region
• Risk assessments and planning to identify vulnerabilities and address the transportation system’s ability to withstand probable occurrence or recurrence of an emergency or major disaster
If an application includes right-of-way acquisition, the project will be considered a capital project.

8. PROJECT COMPONENTS
An application for a RAISE grant can include multiple components, which may be executed by different parties. The Department requires all components, whether or not they receive Federal funding, to be delivered as part of the RAISE project.

Components may be funded individually if they meet the following criteria:
• Independently satisfy minimum award amounts and eligibility requirements. • Independently align with selection criteria
• Meets National Environmental Policy Act (NEPA) requirements for independent utility – meaning the component must be a usable improvement on its own and ready for use upon completion.

Components in a single application must be related. Each component's status should be clearly outlined, for example, in the project schedule. Applicants should also detail independent components and their costs separately, showing how each one meets selection criteria and benefits on its own, in addition to how the full proposal does. Federal funding for some components might subject others to additional Federal requirements.

9. REDUCED AWARDS
If selected for award, the Department may decrease the RAISE funding amount from the applicant’s request if some elements of the project are ineligible or to comply with statutory set asides such as awarding funding evenly between projects located in rural and urban areas.

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Item 10.
13 10. PREVIOUS RAISE/BUILD/TIGER RECIPIENTS
Previous recipients of a RAISE grant may apply for funding to support additional phases of their project.5 The application should demonstrate the extent to which the previously funded project has met estimated project schedules and budget, as well as the ability to realize the benefits expected for the project. A previous RAISE/BUILD/TIGER award, or application, does not affect competitiveness under the FY 2025 RAISE competition. 5 Includes recipients of grants under former names of the program (Better Utilizing Investments to Leverage Development (BUILD) and Transportation Investment Generating Economic Recovery (TIGER)).

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Item 10.
14 C. PROGRAM DESCRIPTION

1. PROGRAM HISTORY AND AUTHORIZATION
The RAISE program, previously known as the Better Utilizing Investments to Leverage Development (BUILD) and Transportation Investment Generating Economic Recovery (TIGER) discretionary grants, was established under the American Recovery and Reinvestment Act of 2009 to create jobs and spur economic recovery through transportation infrastructure investments. The Infrastructure Investment and Jobs Act (Pub. L. 117-58, November 15, 2021), authorized and appropriated $1.5 billion annually to be awarded by the Department of Transportation (“DOT”) 2022 – FY 2026 for Local and Regional Project Assistance Program Grants under National Infrastructure Investments to fund eligible surface transportation projects with significant local or regional impact. As of June 2024, the program has awarded more than $15 billion over sixteen rounds to local governments, Tribes, transit and port authorities, states, and other entities. The program is codified at 49 U.S.C. 6702.

2. PROGRAM GOALS AND OBJECTIVES
The goal of the RAISE program is to fund eligible surface transportation projects that will have a significant local or regional impact that advance the Departmental priorities of safety, equity, climate and sustainability, and workforce development, job quality, and wealth creation, consistent with law, and as described in the Department’s Strategic Plan6 and in executive orders.

The Department seeks to fund projects under the RAISE program that reduce greenhouse gas emissions in the transportation sector; incorporate evidence-based climate resilience measures and features; avoid adverse environmental impacts to air or water quality, wetlands, and endangered species; and address the disproportionate negative environmental impacts of transportation on disadvantaged communities, consistent with Executive Order 14008, Tackling the Climate Crisis at Home and Abroad.

In addition, the Department seeks to award projects under the RAISE program that proactively evaluate whether a project will create proportional impacts to all populations in a project area and increase equitable access to project benefits, consistent with Executive Order 14091, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.

The Department also seeks to award projects that address environmental justice, particularly for communities that have experienced decades of underinvestment and are most impacted by climate change, pollution, and environmental hazards, consistent with Executive Order 14008, Tackling the Climate Crisis at Home and Abroad.

The RAISE program advances President Biden’s Justice40 Initiative, which set the goal that 40 percent of the overall benefits of certain climate, clean energy, and other covered Federal investments flow to disadvantaged communities that are marginalized by underinvestment and overburdened by pollution.
6 See U.S. Department of Transportation Strategic Plan FY 2022–2026 at https://www.transportation.gov/dotstrategic-plan.

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Item 10.
15 In addition, the Department intends to use the RAISE program to support the creation of goodpaying jobs with the free and fair choice to join a union and the incorporation of strong labor standards and training and placement programs, especially registered apprenticeships, in project planning stages, consistent with Executive Order 14025, Worker Organizing and Empowerment, and Executive Order 14052, Implementation of the Infrastructure Investment and Jobs Act. The Department also intends to use the RAISE program to support wealth creation, consistent with the Department's Equity Action Plan, through the inclusion of local inclusive economic development and entrepreneurship such as the utilization of Disadvantaged Business Enterprises or 8(a) firms.

The BIL included provisions for Metropolitan Planning Organizations to consider integrating transportation planning, housing, employment opportunities, and economic development strategies.7 The Department strongly encourages applicants to utilize these new planning coordination opportunities in their proposed projects and describe them in their applications.

Note, the RAISE program can only fund the surface transportation infrastructure elements of a project that may also include housing, employment opportunities, and economic development strategies.

3. RESTRICTIONS ON FUNDING
The Department must comply with the following funding restrictions:

Funding Restriction Amount
Per State No more than 15% which is $225 million
Rural Projects No more than 50% which is $750 million
Urban Projects No more than 50% which is $750 million
Planning Projects At least 5% which is $75 million
Projects Located in Areas of Persistent
Poverty and/or History Disadvantaged
Communities
At least 1% which is $15 million
The Department may retain up to $30 million for oversight and administration of grants.

Additionally, the Department may use up to 20 percent of available funds (or $300 million) to pay the subsidy and administrative costs of a project receiving credit assistance under the Transportation Infrastructure Finance and Innovation Act of 1998 (TIFIA) or Railroad Rehabilitation and Improvement Financing (RRIF) programs. Note, applicants must apply to both the RAISE program and TIFIA or RRIF loan program to be eligible for the Department to pay for subsidy and administrative costs associated with credit assistance.

Federal funds awarded under this program may not be used to support or oppose union organizing, whether directly or as an offset for other funds. 7 See BIL div. A § 11201., Transportation Planning, which amends 23 U.S.C. 134.

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Item 10.
16 4. AVAILABILITY OF FUNDS
The table below outlines the obligation and expenditure deadlines for FY 2025 BIL funding.

Fiscal Year BIL Funding Obligation
Deadline
BIL Funding Expenditure
Deadline
FY 2025 September 30, 2029 September 30, 2034
FY 2025 RAISE grant funds must be obligated by September 30, 2029. • Obligation occurs when a selected applicant and the Department enter into a written grant agreement after the applicant has satisfied applicable local, State and Federal requirements.

FY 2025 RAISE funds must be expended by September 30, 2034. • Expenditure occurs when a recipient is reimbursed for eligible project costs. • After this date, unexpended funds are no longer available to the project.

5. PERFORMANCE GOALS
RAISE program performance measures can be found on the RAISE website.

6. PREVIOUS AWARDS
Previous program awards can be seen in Fact Sheets on the RAISE website.

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Item 10.
17 D. APPLICATION CONTENT AND FORMAT
The Department requires the application to include the following files, in this order and with these specific names:

Information File Name NOFO Section Page Limit
SF-424 SF-424 D.1 N/A
Project Information Form
(Excel file)
FY 2025 RAISE Project
Information Form D.2 N/A
Project Description Project Description D.3 5 pages
Project Location File Project Location File D.4 N/A
Project Budget Project Budget D.5 5 pages
Funding Commitment
Documentation Funding Commitments D.5 N/A
Merit Criteria Merit Criteria Narrative D.6 15 pages
Project Readiness Project Readiness D.7 5 pages
Benefit-Cost Analysis Narrative
(capital projects only) BCA Narrative D.8 N/A
Benefit-Cost Analysis
Calculations (capital projects
only, unlocked Excel file)
BCA Calculations D.8 N/A
Letters of Support (Optional) Letters Of Support D.7 N/A The Department requires application files to be formatted as follows: single-spaced, 12-point standard font (e.g., Times New Roman), with 1-inch margins. Files should be in PDF unless otherwise specified (e.g., project information form in Excel; location files as Shapefile or KML/KMZ; and BCA calculations in Excel).

Applications should include all necessary information to demonstrate compliance with the Eligibility section and to meet selection criteria in the Criteria section. Applications must be complete at submission; the Department may request additional data, but applicants are not obligated to provide it.

Supporting documents may be included but are not required to be reviewed by evaluators.

Different evaluation teams review the merit criteria, the benefit-cost analysis, budget, and project readiness files.

The Department expects application files to include the following detailed information:

1. STANDARD FORM 424
The SF-424 Application for Federal Assistance must be completed. Applicants may leave the following fields on the form blank: 3, 4, 5a, 5b, 6, 7, 11, 13, and 14. Separate files must be attached in Item 15 to provide required project information that is not included in the body of the SF-424.

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Item 10.
18 2. FY 2025 RAISE PROJECT INFORMATION FORM
The FY 2025 Project Information Form can be downloaded from Grants.gov or from the RAISE website. This from is used to determine applicant and project eligibility.

Information such as applicant name, RAISE amount requested, other Federal funding, nonFederal funding, etc. may be requested in varying degrees of detail on both the SF-424 and the FY 2025 RAISE Project Information Form. Applicants must fill in all fields unless stated otherwise on the forms.

3. PROJECT DESCRIPTION FILE
This file should describe the project to be planned or constructed, including a detailed statement of work covering technical and engineering aspects, current design status, and transportation challenges and solutions. It may also include the project’s history and how it fits within the applicant's broader transportation infrastructure investments.

This file should include a narrative description of the project location, detailing the geographic area and providing maps to complement the project location file. It should narratively identify if the project is located in an Area of Persistent Poverty, a Historically Disadvantaged Community, and if the project is Urban or Rural (see Location Designations section for definitions).

4. PROJECT LOCATION FILE
Applicants should submit one of the following file types that detail the projects location so the Department can verify location designations: Shapefile (.zip with .shp, .shx, .dbf, and .prj) or KML/KMZ. Google Earth can be used to create KML/KMZ files. The files should only include the project's direct physical location, not a broad service area or area of impact. Accurate location data is crucial as it affects eligibility for the FY 2025 RAISE grants program.

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Item 10.
19 5. PROJECT BUDGET FILES
This file should describe the budget for the RAISE project using the below table and also include a narrative section. The budget table should show only future eligible project costs and should not include previously incurred expenses.

The budget table must show the total project cost by project component and the following funding sources:
• RAISE funding request
• Other Federal funds
• Non-Federal Funds
The budget table and narrative must identify the amount, type (e.g., grant, loan, bond, etc.), and source of all other Federal funds and non-Federal funds included in the budget. The budget table should demonstrate compliance with the statutory cost share requirements.

Applicants must also include the three tables listed below in their project budget file. The Department will use these tables to determine where the majority of project costs occur for the purposes of making APP, HDC, and Urban designations. The total project cost listed in each table should match the total project cost listed in the budget table above, in the SF-424 and in the FY 2025 RAISE Project Information Form. Applicants should reference the RAISE Grant Project Location Verification mapping tool when filling out the below tables. 2020 Census Tract(s) Project Costs per Census Tract
[XX.XX] $
[XX.XX] $
[XX.XX] $
[XX.XX] $
Total Project Cost: $
Note: Please reference the Census Tracts (2020 Census) layer in the RAISE Grant Project Location Verification mapping tool. Additional rows may be added if necessary.

Funding Source [Component 1] [Component 2] Total Funding RAISE Funds: [$XXX] [$XXX] [$XXX]
Other Federal Funds: [$XXX] [$XXX] [$XXX]
Non-Federal Funds: [$XXX] [$XXX] [$XXX]
Total Project Cost: [$XXX] [$XXX] [$XXX]
Note: If there is only a single component, remove “Component 2” column. If there are more than 2 components, add columns.

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Item 10.
20 2010 Census Tract(s) Project Costs per Census Tract
[XX.XX] $
[XX.XX] $
[XX.XX] $
[XX.XX] $
Total Project Cost: $
Note: Please reference the Census Tracts (2010 Census) layer in the RAISE Grant Project Location Verification mapping tool. Additional rows may be added if necessary.

Urban and Rural Project Costs
Urban (2020 Census-designated urban area
with a population greater than 200,000)
$
Rural (Located outside of a 2020 Censusdesignated urban area with a population greater than 200,000)
$
Total Project Cost: $
Note: Please reference the Census Designated Urban Areas with Population Greater Than 200,000 (2020 Census) layer in the RAISE Grant Project Location Verification mapping tool.

The budget narrative should include:
• Sources, Uses, and Availability: Provide complete information on how all capital or planning project funds may be used, their availability, and documented funding commitments. For example, if a source of funds is available only after a condition is satisfied, the application should identify that condition and describe the applicant’s control over whether it is satisfied. Similarly, if a source of funds is available for expenditure only during a fixed period, the application should describe that restriction.

Examples of documentation include, but are not limited to, a letter signed by a governing official or chief financial officer confirming the amount and source of funding, a page or pages from the Statewide Improvement Program (STIP) or Transportation Improvement Program (TIP) (please do not include a link to the entire STIP/TIP), a signed city ordinance, or a county administrator committing previously approved general obligation bonds.
• Contingency Amount and Plan: Indicate the specific contingency amount included in the budget to demonstrate there is sufficient funding to cover unanticipated cost increases and describe a plan to address potential cost overruns. Planning projects are not required to include a contingency amount but must describe a plan to address potential cost overruns.
• Level of Design: Indicate the degree of design completion (e.g., no design, 30, 60, 90 percent design) for which the cost was estimated in the case of a capital project; • Cost Estimates: Indicate how, when, and by whom project costs were estimated. Cost estimates should be no older than a year from the application deadline. If older, please apply an inflation factor.

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Item 10.
21 • Cost Share: Explain how the project budget satisfies the statutory cost share or nonfederal funds matching requirements shown in the project budget table, if applicable.

6. MERIT CRITERIA FILE
This file should demonstrate how the project aligns with each of the 8 statutory merit criteria described in the Merit Criteria section by:
• Organizing the narrative in the order the merit criteria are described in the Merit Criteria section
• Addressing each merit criteria separately by:
o Identifying the bullet(s) from the rubric the project addresses o Identifying the element(s) of the project that address the bullet(s) from the rubric o Providing supporting justification using data. Unsupported claims may harm the application's competitiveness.

Applicants are encouraged to use the Department’s Equitable Transportation Community (ETC) Explorer as a resource to describe how their project area is experiencing transportation related disadvantage as it relates to safety, affordable transportation options, pollution, access to goodpaying jobs, climate change, and/or improving quality of life.

Insufficient information to assess any criterion will negatively impact the project rating.

Merit reviewers will focus on this file and will not be required to reference links or the other files in the application package.

7. PROJECT READINESS FILE
Project readiness describes an applicant’s preparedness to move a proposed project forward once it receives a RAISE grant. The Project Readiness file should include information that, when considered with the project budget information, is sufficient for the Department to evaluate whether the project is reasonably expected to begin the capital or planning project in a timely manner and meet both the obligation and expenditure deadlines. To assist the Department’s environmental risk review, the applicant should provide the information requested on project schedule, required approvals and permits, NEPA class of action and status, public involvement, right-of-way acquisition plans, risk assessment, and risk mitigation strategies. Applicants can see a general Project Readiness checklist on the DOT Navigator The Project Readiness file should include the sections outlined below. Supporting material that exceeds page limits may be provided as hyperlinks, attachments, or appendices.
i. Planning and Constructability
Applicants should demonstrate that a project that is required to be included in the relevant State, metropolitan, and local planning documents has been or will be included in such documents. • STIP / TIP / TTIP / TAM Plan: Is the project already listed in the STIP, TIP, Tribal Transportation Improvement Program (TTIP), and/or Transit Asset Management (TAM) Plan, if applicable? If so, provide links or attachments that show the project listing in the applicable plans/programs. If the project is not yet listed, describe any coordination that

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Item 10.
22 has/will occur to facilitate listing in the applicable plans/programs and the anticipated date when listing will occur.
• Consistency with Other Plans: Is your proposal listed in and/or consistent with any other plans (e.g., the Long-Range Statewide Transportation Plan and/or Metropolitan LongRange Plan)? If so, please summarize and provide a link to appropriate project listing. • Freight Plans: To the extent possible, freight projects should be included in a State Freight Plan and supported by a State Freight Advisory Committee (49 U.S.C. 70201, 70202), if these exist. Applicants should provide links or other documentation supporting this consideration such as letters of support from the State DOT if the project is intended to be included in the State Freight Plan, or results from application of the FHWA Freight Mobility Trends Tool.
• Property Acquisition / Right-of-Way (ROW): Who is the owner of the existing facility? Will any new ROW acquisition be required, and if so, from whom? If acquisition will be required, describe the status and anticipated schedule for the acquisition. Will any special ROW permits or approvals be needed? If so, please describe. • Construction Techniques and Phasing: Will the proposed improvements require unique construction techniques, non-standard project delivery methods (e.g., approaches other than design-bid-build), and/or phasing? If so, please describe. ii. Proposed Schedule
• List the completed and/or anticipated dates (calendar month and year, not fiscal year or quarter) for the following key milestones. Dates provided should reflect a realistic amount of time to complete each milestone. Ensure that dates provided here are consistent with dates provided elsewhere in the application. o Start and end of preliminary design
o Start and end of the NEPA process
o Start and end of obtaining permits/approvals (if required) o Project listed in STIP, TIP, TTIP, and/or TAM Plan (as applicable) o Start and end of final design
o Start and end of ROW acquisition (if required)
o Anticipated finalization of RAISE grant agreement (if awarded) o Anticipated obligation of grant funds (if awarded)
o Start and end of construction
• Project Development Phases to be Funded with RAISE: Describe the project development phase(s) proposed to be funded with RAISE funds (if awarded), and whether RAISE funds are proposed to be used for phases other than ROW acquisition and construction (e.g., for design, NEPA, etc.). Note: typically, milestones for establishing the grant agreement and obligation of funds should be scheduled before any activities/phases that will use RAISE funds.
iii. NEPA and Permitting
• NEPA Class of Action: List the class of action/type of document that has already been or will be prepared to comply with the National Environmental Policy Act (NEPA) of 1969,

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Item 10.
23 as amended (e.g., a categorical exclusion, an environmental assessment, an environmental impact statement, or class of action not yet determined). If multiple NEPA documents are being prepared for this proposal, briefly explain why, and complete the prompts below for each document.
• NEPA Status and Milestones: Briefly describe the status of NEPA compliance (e.g., not started, underway, or complete), the anticipated project impacts, and proposed mitigation measures. If the NEPA process has been completed, provide the final approval date for the NEPA document. If the NEPA process has not yet been completed, list the key remaining milestones for the NEPA process, their status, and their anticipated completion dates. Identify any anticipated challenges to timely completing the NEPA process. • Link to NEPA Documentation: If draft or final NEPA documentation is available, provide a hyperlink, attach it, or append it.
• Reevaluation and Post-Approval Changes: Describe any planned and/or completed efforts to reevaluate the NEPA documentation between the final NEPA approval and beginning of construction. Reevaluation may be warranted based on the passage of time and/or changes in the project scope, setting, impacts, or applicable requirements since the final NEPA approval.
• Permits and Approvals: List any federal, state, or local permits and approvals anticipated to be needed for the project (e.g., Clean Water Act Section 404 permit, Endangered Species Act Section 7 consultation, etc.). Provide the status of each permit or approval and the date that the permit or approval was obtained or is anticipated to be obtained.

Summarize and attach relevant correspondence or documentation of consultation with permitting agencies.
• Coordination with DOT: Identify the federal lead agency for the NEPA process and any joint-lead agencies. Describe any coordination that has occurred with an agency or operating administration of USDOT regarding the project proposal and/or NEPA analysis. Describe any coordination with state, county, or local transportation agencies regarding preliminary design and the NEPA process.
iv. Project Support
• Public and Agency Involvement Process: Summarize the key events and techniques used to engage the public and other stakeholders during the NEPA process. Highlight efforts to engage disadvantaged communities and communities likely to be affected by the project, including details on compliance with environmental justice requirements and access for persons with disabilities and limited English proficiency. These efforts may include public meetings, a public website, presentations to community groups, newsletters, online outreach, etc.
• Public and Agency Involvement Results: Summarize the support, opposition, and/or other notable feedback related to the project from the following groups and describe how stakeholder feedback has been integrated into project development and design:
o The public, including members of communities affected by the proposal, o Elected officials and/or bodies (e.g., federal and state legislators, city and county councils and boards, etc.),

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Item 10.
24 o Other entities (e.g., members of business or industry, community organizations, advocacy groups, etc.), and
o Federal, state, or local agencies (reference any relevant information provided in the NEPA and Permitting section above).
• Attach and reference documentation of support as applicable (e.g., letters of support, letters of commitment, resolutions, summaries of public comments, etc.) v. Risks and Mitigation
Project risks, such as procurement delays, environmental uncertainties, increases in real estate acquisition costs, uncommitted local match (non-federal funding), lack of support from stakeholders or impacted communities, or lack of legislative approval affect the likelihood of successful project start and completion. Project risks can also include the unavailability of vehicles that either comply with Federal Motor Vehicle Safety Standards or are exempt from Federal Motor Vehicle Safety Standards in a manner that allows for their legal acquisition and deployment, and unavailability of domestically manufactured equipment. • The applicant should identify all material risks and harms to the project and the strategies that the lead applicant and any project partners have undertaken or will undertake to mitigate those risks, and describe the potential effects of each risk on meeting the key project delivery schedule milestones presented in the Proposed Schedule. The applicant should assess the greatest risks to the project and identify how the project parties will mitigate those risks.
• If an applicant anticipates pursuing a waiver for relevant domestic preference laws, the applicant should describe steps that have been or will be taken to maximize the use of domestic goods, products, and materials in constructing its project. To the extent the applicant is unfamiliar with the Federal program, the applicant should contact the appropriate DOT operating administration field or headquarters offices, as found in contact information on the RAISE website, for information on the prerequisite steps to obligate Federal funds in order to ensure that their project schedule is reasonable and that there are no risks of delays in satisfying Federal requirements. vi. Technical Capacity Assessment
All applications should include a section in the Project Readiness file that demonstrates their technical capacity to successfully deliver the project in compliance with applicable Federal requirements including, but not limited to, compliance with Title VI/Civil Rights requirements and Buy America provisions. The applicant should address the following in the technical capacity section of the Project Readiness file:
• Federal Funding: experience implementing federally funded transportation projects. • Federal Regulations: understanding of federal contract and procurement requirements, Buy America, Americans with Disabilities Act, Uniform Relocation Assistance and Real Property Acquisition Act, Davis Bacon Act, etc.
• Project Planning: practice incorporating projects into long-range development plans or adding projects to the TIP/STIP through the MPO planning process.

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Item 10.
25 • Project Delivery: examples of successfully delivered projects of similar size, scope, and complexity.

8. BENEFIT-COST ANALYSIS
The purpose of the Benefit-Cost Analysis (BCA) is to enable the Department to evaluate the cost-effectiveness of the proposed project by comparing its expected benefits to its expected costs relative to the current problem often referred to as the “baseline” or “no-build alternative.” The baseline defines the world without the proposed project.

Any benefits claimed for the proposed project, both quantified and unquantified, should be clearly tied to the expected outcomes of the proposed project. While benefits should be quantified wherever possible, applicants may also describe other categories of benefits in the BCA that are more difficult to quantify and/or value in economic terms.

There should be two BCA files included in the application: (1) a narrative description of the BCA; and (2) an unlocked spreadsheet revealing the underlying calculations:
• Narrative Description of Analysis: The BCA narrative should describe the current baseline, the sources of data used to estimate the benefits of the project, document any assumptions, and the values of key input parameters. Applicants may also provide a table similar to the one shown below summarizing the impacts of the project and how those impacts would translate into expected benefits. This is shown as an example only:

Baseline / Current
Status and Problem
to be Addressed
Change to Baseline / Proposed
Project to Address Problem
Example Impacts
A freeway divides two
neighborhoods
A new street will be constructed
to connect neighborhoods on
each side of the freeway
Reduced travel time for
pedestrians and cyclists by X
miles per day due to a more
direct route, as well as reduced
emissions, vehicle operating
costs, and travel time for vehicle
occupants by lowering VMT by
Y miles per year
A roadway with a high
number of pedestrian
fatalities has no
sidewalks or marked
crosswalks
Sidewalks, high visibility
crosswalks, and upgraded
lighting will be added to the
roadway
Reduced pedestrian fatalities and
injuries by X and Y per year,
respectively, as well as amenity
benefits of wider sidewalks for Z
daily pedestrian trips
• Spreadsheet Revealing Underlying Calculations: The BCA spreadsheet file should present the calculations in sufficient detail and transparency to allow the analysis to be reproduced by Department evaluators. While DOT does not have a prescribed format for the BCA spreadsheet submitted by the applicant beyond ensuring that it is unlocked, to allow review, the Department is also developing a new BCA spreadsheet template that will be available to assist applicants in structuring their analysis.

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Item 10.
26 Applicants should review the Department’s detailed guidance on how to conduct a BCA. Both the guidance document and spreadsheet template will be available on the RAISE website.

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Item 10.
27 E. SUBMISSION REQUIREMENTS AND DEADLINE

1. ADDRESS TO REQUEST APPLICATION PACKAGE
All application materials may be found on Grants.gov and the RAISE website.

2. UNIQUE ENTITY IDENTIFIER (UEI) AND SYSTEM FOR AWARD

MANAGEMENT (SAM)
Each applicant must:
• Be registered in SAM.gov before submitting its application; • Provide a valid unique entity identifier in its application; and • Continue to maintain an active registration in SAM.gov with current information at all times during which it has an active Federal award or an application under consideration by a Federal agency.

Please note that the SAM registration process takes several weeks to complete, if not longer. i. Submission Instructions
All applications must be submitted electronically through Grants.gov The Department does not accept applications via mail, fax machine, email, or other means.

Each applicant must:
• Create a Grants.gov username and password
• The E-Business Point of Contact (POC) at the applicant’s organization must respond to the registration email from Grants.gov and login at Grants.gov to authorize the applicant as the Authorized Organization Representative (AOR). Please note that there can be more than one AOR for an organization
Failure to register for SAM or comply with Grants.gov applicant requirements in a timely manner will not be considered for exceptions to the submission requirements and deadline. ii. Submission Issues
The Department is not able to assist with technical issues related to Grants.gov registration or application submission. For information and instructions, please see Grants.gov. If applicants experience difficulties at any point during the registration or application submission process, please call the Customer Service Support Hotline at 1-800-518-4726 or email [email protected].

3. SUBMISSION DEADLINE
Applications must be submitted through Grants.gov by 11:59 PM eastern on January 30, 2025.

Grants.gov attaches a time stamp to each application at the time that submission is complete.

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Item 10.
28 i. Consideration of Applications
Only applicants who comply with all submission deadlines described in this notice and electronically submit valid, on-time applications through Grants.gov will be eligible for evaluation and possible selection for award.
ii. Late Applications
Any applications that Grants.gov time stamps after 11:59 PM eastern on the deadline will not be accepted. Applicants are strongly encouraged to make submissions days, if not weeks, in advance of the deadline. Applicants facing technical issues are advised to contact the Grants.gov helpdesk well in advance of the deadline.

4. INTERGOVERNMENTAL REVIEW
This program is not subject to EO 12372, Intergovernmental Review of Federal Programs.

5. COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973 The Department encourages applicants to submit documents that are compliant with Section 508 of the Rehabilitation Act of 1973 (see Section 508 guidelines).

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Item 10.
29 F. APPLICATION REVIEW INFORMATION

1. CRITERIA
This section specifies the criteria the Department will use to evaluate applications.

TIER 1
All Eligible Applications
Merit Criteria Review
TIER 2
All applications rated “Highly Recommended” under the merit criteria review automatically advance for second tier analysis. The Senior Review Team (SRT) can advance applications rated “Recommended” for second tier analysis.

Project Readiness Review
Environmental Risk Assessment (capital projects only)
Financial Completeness Assessment
Technical Capacity Assessment
Benefit-Cost Analysis (capital projects only)
The Department will review merit criteria for all applications. Highly Recommended capital applications will automatically advance to receive second-tier analysis consisting of three Project Readiness reviews: (1) Environmental Risk Assessment; (2) Technical Capacity Assessment; and (3) Financial Completeness Assessment, as well as a Benefit-Cost Analysis (BCA). Highly Recommended planning applications will automatically advance to receive second-tier analysis consisting of two Project Readiness areas: (1) Technical Capacity Assessment; and Financial Completeness Review. Environmental Risk Assessment and BCA will not be reviewed for planning applications. The SRT can advance select Recommended capital and planning applications for second-tier analysis under the circumstances described in the Review and Selection Process section.
iii. Merit Criteria
For each merit criterion, the Department will evaluate whether the application uses data-driven and evidence-based methods to demonstrate that the project will provide the anticipated benefits, which will result in a rating of “high, “medium,” “low,” or “non-responsive” as described in the rubric below.

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Item 10.
30 Individual Merit Criteria Ratings
High The criterion must be addressed as a primary project purpose (not an ancillary or incidental consideration, except for the Partnership and Collaboration and Innovation criteria), must include clear, direct, datadriven (capital projects only), and significant benefits, and must align with at least one of the benefits described in the high column of the merit criteria rubric.

Medium The criterion may not be a primary project purpose, or the project benefits do not meet at least one of the requirements for a ‘high’ rating, as described in the merit criteria rubric.

Low The application contains insufficient information to assess that criterion’s benefits.

Non-Responsive The proposed project negatively affects the criterion, or the application does not address the criterion.

Planning grant applications will be evaluated against the same merit criteria as capital grants.

Planning grant applications should include data on the problem intended to be addressed, but information does not need to be as driven by data as a capital project when estimating benefits of the implemented project since data is often an outcome of the project to be planned. The Department will consider how the plan, once implemented, will ultimately further the merit criteria.

The combination of individual criterion ratings will inform one overall Merit Rating: Highly Recommended, Recommended, Acceptable, or Unacceptable, as shown below.

Overall Merit Rating
Highly Recommended six or more of the eight merit criteria ratings are “high” none of the merit criteria ratings are “non-responsive” Recommended one to five of the merit criteria ratings are “high” no more than three of the merit criteria ratings are “low” none are “non-responsive”
Acceptable a combination of “high,” “medium,” “low,” or “nonresponsive” ratings that do not fit within the definitions of Highly Recommended, Recommended, or Unacceptable
Unacceptable three or more “non-responsive” ratings

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Item 10.
31 Merit Criteria Non-Responsive Low Medium High
Safety Application did
not address the
Safety criterion
OR
Project
negatively affects
safety
Application
contains
insufficient
information to
assess safety
benefit
The project has one or more
of the following safety
benefits, but safety may not
be a primary project purpose
or does not meet the
description(s) of a ‘high’
rating:
• Protect non-motorized
or motorized travelers
from safety risks; or
• Reduce any number of
fatalities and/or
serious injuries
Safety is a primary project purpose AND
the project has clear, direct, data-driven
(for capital projects only), and significant
benefits that targets a known, documented
safety problem, by doing one or more of the
following:
• Protect non-motorized travelers
from safety risks; or
• Reduce fatalities and/or serious
injuries in underserved communities
to bring them below the state-wide
average; or
• Incorporate and cite specific actions
and activities identified in the
Department’s National Roadway
Safety Strategy plan or Improving
Safety for Pedestrians and Bicyclists
Accessing Transit report, or FTA’s
Safety Advisory 23-1: Bus-toPerson Collisions; or
• Incorporate specific safety
improvements that are part of a
documented risk reduction
mitigation strategy and that have,
for example, port-wide or transit
system impact.

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Item 10.
32 Merit Criteria Non-Responsive Low Medium High
Environmental
Sustainability
Application did
not address the
Environmental
Sustainability
criterion
OR
Project
negatively affects
environmental
sustainability
Application
contains
insufficient
information to
assess
environmental
sustainability
benefits
Project has one or more of the
following environmental
sustainability benefits, but
environmental sustainability
may not be a primary project
purpose or does not meet the
description(s) of a ‘high’
rating:
• Reduce
transportation-related
air pollution and
greenhouse gas
emissions; or
• Reduce vehicle miles
traveled; or
• Incorporate lowercarbon
pavement/construction
materials; or
• Redevelop brownfield
sites; or
• Improve resilience of
infrastructure to
current and future
weather and climate
risks; or
• Make basic
stormwater
improvements
Environmental sustainability is a primary
project purpose AND the project has clear,
direct, data-driven (for capital projects
only), and significant benefits that
explicitly considers climate change and
environmental justice, by doing one or
more of the following:
• Reduce transportation-related air
pollution and greenhouse gas
emissions in disadvantages
communities; or
• Address the disproportionately
negative environmental impacts of
transportation on disadvantaged
communities such as by reducing
exposure to elevated levels of air,
water, and noise pollution; or
• Align with the applicant’s State
Carbon Reduction Strategy, State
Electric Vehicle Infrastructure
Deployment Plan, or other State,
local, or tribal greenhouse gas
reduction plan; or
• Align with the U.S. National
Blueprint for Transportation
Decarbonization; or
• Implement transportation-efficient
land use and design, such as
drawing on the features of historic
towns and villages that had a mix of
land uses, compact and walkable
development patterns, accessible

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33 Merit Criteria Non-Responsive Low Medium High
green space, and neighborhood
centers that make it convenient to
take fewer or shorter trips; or
• Reduce vehicle miles traveled
specifically through modal shift to
transit, rail, or active transportation;
or
• Reduce emissions specifically by
shifting freight to lower-carbon
travel modes; or
• Incorporate energy efficient
investments, such as electrification
or zero emission vehicle
infrastructure; or
• Improve the resilience of at-risk
infrastructure to be resilient to
extreme weather events and natural
disasters caused by climate change,
such as by using best-available
climate data sets, information
resources, and decision-support
tools; or
• Incorporate nature-based solutions
or natural infrastructure with the use
of native plants; or
• Referenced in a Resilience
Improvement Plan or similar plan;
or
• Remove, replace, or restore culverts
for the purpose of improving habitat
for aquatic species; or

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34 Merit Criteria Non-Responsive Low Medium High
• Avoid adverse environmental
impacts to air or water quality,
wetlands, and endangered species
Quality of Life Application did
not address the
Quality of Life
criterion
OR
Project
negatively affects
quality of life
Application
contains
insufficient
information to
assess quality of
life benefits
Project has one or more of the
following quality of life
benefits but quality of life
may not be a primary project
purpose or does not meet the
description(s) of a ‘high’
rating:
• Increase affordability
for travelers; or
• Reduces vehicle
dependence
Quality of life is a primary project purpose
AND the project has clear, direct, datadriven (for capital projects only) and significant benefits, by doing one or more
of the following:
• Increase affordable transportation
choices by improving and
expanding active transportation
usage or significantly reducing
vehicle dependence, particularly in
underserved communities; or
• Reduce transportation and housing
cost burdens by integrating mixeduse development and a diversity of housing types, including affordable
housing, with multimodal
transportation infrastructure; or
• Coordinate and integrate land use,
affordable housing, and
transportation planning in order to
create more livable communities
and expand travel choices; or
• Improve access to daily destinations
like jobs, healthcare, grocery stores,
schools, places of worship,
recreation, or parks through transit
and active transportation; or
• Implement transit-oriented
development that benefits existing

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35 Merit Criteria Non-Responsive Low Medium High
residents and businesses, lowincome and disadvantaged
communities, and minimizes
displacement; or
• Improve public health by adding
new facilities that promote walking,
biking, and other forms of active
transportation; or
• Mitigate urban heat islands to
protect the health of at-risk
residents, outdoor workers, and
others; or
• Proactively addresses equity.

Mobility and
Community
Connectivity
Application did
not address the
Mobility and
Community
Connectivity
criterion
OR
Project
negatively affects
mobility and
community
connectivity
Application
contains
insufficient
information to
assess mobility
and community
connectivity
benefits
Project has one or more of the
following mobility and
community connectivity
benefits, but mobility and
community connectivity may
not be a primary project
purpose or does not meet the
description(s) of a ‘high’
rating:
• Increase accessible
transportation choices;
or
• Include ADA
improvements
Mobility and community connectivity is a
primary project purpose AND the project
has clear, direct, data-driven (for capital
projects only) and significant benefits, by
doing one or more of the following:
• Improve system-wide connectivity
with access to transit, micromobility, and mobility on-demand; or
• Implement plans, based on
community participation and data,
that addresses gaps identified in the
existing network; or
• Remove physical barriers for
individuals by reconnecting
communities to direct, affordable
transportation options; or
• Include transportation features that
increase the accessibility for nonPage 143
Item 10.
36 Merit Criteria Non-Responsive Low Medium High
motorized travelers in underserved
communities; or
• Incorporate Universal Design
including details of how the
improvements go beyond ADA
requirements by designing
environments to be usable by all
people, to the greatest extent
possible, without the need for
adaption or specialized design such
as a Complete Streets approach; or
• Directly increasing intermodal and
multimodal freight movement; or
• Consider last-mile freight plans in a
Complete Streets and multimodal
approach
Economic
Competitiveness
and
Opportunity
Application did
not address the
Economic
Competitiveness
and Opportunity
criterion
OR
Project
negatively affects
economic
competitiveness
and opportunity
Application
contains
insufficient
information to
assess economic
competitiveness
and opportunity
benefits
Project has one or more of the
following economic
competitiveness and
opportunity benefits, but
economic competitiveness
and opportunity may not be a
primary project purpose or
does not meet the
description(s) of a ‘high’
rating:
• Improve travel time
reliability; or
• Improve movement of
goods; or
• Create jobs related to
the project’s delivery
Economic competitiveness is a primary
project purpose AND the project has clear,
direct, data-driven (for capital projects
only), and significant benefits, by doing one
or more of the following:
• Improve intermodal and/or
multimodal freight mobility,
especially for supply chain
bottlenecks; or
• Facilitate tourism opportunities; or
• Promote local inclusive economic
development and entrepreneurship
such as the utilization of
Disadvantaged Business Enterprises
or 8(a) firms; or
• Promote wealth building; or

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37 Merit Criteria Non-Responsive Low Medium High
and on-going
operations
• Promote long-term economic
growth and other broader economic
and fiscal benefits; or
• Create good-paying jobs with free
and fair choice to join a union
including through the use of a
project labor agreement; or
• Adopt local and economic hiring
preferences for the project
workforce or include other changes
to hiring policies and workplace
cultures to promote the entry and
retention of underrepresented
populations; or
• Promote greater public and private
investments in land-use
productivity, including rural main
street revitalization or locally driven
density decisions that support
equitable commercial and mixedincome residential development State of Good
Repair
Application did
not address the
State of Good
Repair criterion
OR
Project
negatively affects
state of good
repair
Application
contains
insufficient
information to
assess state of
good repair
benefits
Project has one or more of the
following state of good repair
benefits but state of good
repair may not be a primary
project purpose or does not
meet the description(s) of a
‘high’ rating:
• Routine or deferred
maintenance; or
• Create new
infrastructure (not in a
State of good repair is a primary project
purpose AND the project has clear, direct,
data-driven (for capital projects only) and
significant benefits, by doing one or more
of the following:
• Restore and modernize (such as
through road diets and complete
streets approaches) the existing core
infrastructure assets that have met
their useful life; or

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Item 10.
38 Merit Criteria Non-Responsive Low Medium High
remote community)
that will be
maintained in a state
of good repair; or
• Identify the party
responsible for
maintenance and
describe how the new
or improved asset(s)
will be maintained in
a state of good repair;
or
• Resolve the current or
projected
transportation system
vulnerabilities
• Reduce construction and
maintenance burdens through
efficient and well-integrated design;
or
• Create new infrastructure in remote
communities that will be maintained
in a state of good repair; or
• Address current or projected
transportation system vulnerabilities
for underserved communities; or
• Prioritize improvement of the
condition and safety of existing
transportation infrastructure within
the existing footprint
Partnership and
Collaboration
Application did
not address the
Partnership and
Collaboration
criterion
OR
Project
negatively affects
partners or
community
members (e.g.,
negative impacts
from ROW
acquisition, lack
Application
contains
insufficient
information to
assess the
partnership and
collaboration
benefits
Project has one or more of the
following partnership and
collaboration benefits but
partnership and collaboration
may not be a primary project
purpose or does not meet the
description(s) of a ‘high’
rating:
• Collaborate with
public and/or private
entities; or
• Document support
from local, regional,
or national levels
Project has, or demonstrates plans to,
support and engage diverse people and
communities by doing one or more of the
following:
• Engage residents and communitybased organizations to ensure equity considerations for underserved
communities are meaningfully
integrated throughout the lifecycle
of the project, for example, by citing
and describing how the project
aligns with the Department’s
Promising Practices for Meaningful
Public Involvement in
Transportation Decision-Making
Guide; or

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39 Merit Criteria Non-Responsive Low Medium High
of support for the
project, etc.)
• Coordinate with other types of
projects such as economic
development, commercial or
residential development near public
transportation, power/electric
infrastructure projects, or broadband
deployment; or
• Partner with Disadvantaged
Business Enterprises or 8(a) firms;
or
• Partner with high-quality workforce
development programs with
supportive services to help train,
place, and retain people in goodpaying jobs or registered apprenticeships. These programs
should have a focus on expanding
access for women, people of color,
and others that are underrepresented
in infrastructure jobs (people with
disabilities, people with convictions,
etc.); or
• Partner and engage with unions
and/or worker organizations in the
development of the project and the
lifecycle of the project, including
the maintenance or operation of the
completed project; or
• Partner with communities or
community groups representative of
historically underrepresented groups
to develop workforce strategies; or

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Item 10.
40 Merit Criteria Non-Responsive Low Medium High
• Establish formal public-private
partnerships or joint ventures to
expand or create new infrastructure
or economic development capacity;
or
• Participate in the Thriving
Communities Network
Innovation Application did
not address the
Innovation
criterion.

OR
Includes noninnovative
practices or
components
Application
contains
insufficient
information to
assess
innovation
benefits
Project has one or more of the
following innovation benefits
but does not meet the
description(s) of a ‘high’
rating:
• Deploy technologies,
project delivery, or
financing methods
that are new or
innovative to the
applicant or
community
Project has, or demonstrates plans for, one
or more of the following innovative
benefits.

Innovative Technologies
• Enhance the environment for
electric, connected, or automated
vehicles to improve the detection
and mitigation of safety risks; or
• Improve safety using Advanced
Driver Assistance Systems on
public transit vehicles, including
functions such as precision docking;
lane keeping or lane centering; or
• Use sensors or small unmanned
aerial vehicles to enhance
infrastructure inspection and asset
management processes; or
• Use sensors to monitor real-time
conditions of pavement quality,
signage, crosswalks, transit
headways, or other public
infrastructure; or
• Use low-carbon or other innovative
materials; or

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Item 10.
41 Merit Criteria Non-Responsive Low Medium High
• Use caps, land bridges, or
underdecks; or
• Use active grade crossing detection
systems to enable responsive traffic
management; or
• Use detection systems on railroads
to target and deter trespassing; or
• Digitalize curb management to
optimize use across purposes and
modes, including freight, pick-up
drop-off, and transit usage
Innovative Project Delivery
• Use practices that facilitate
accelerated project delivery such as
single contractor design-build
arrangements, Advanced Digital
Construction Management,
Accelerated Bridge Construction,
Digital as-builts, or an up-to-date
programmatic agreement between
an environmental resource agency
and a state DOT, or other NEPA
lead agency, that establishes a
streamlined process for
environmental consultations and
permits for commonly encountered
project types.

Innovative Financing
• Secure TIFIA, RRIF, or private
activity bond financing; or
• Use congestion pricing or other
demand management strategies

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42 42
Safety
The Department will assess how the project targets a known safety problem and seeks to protect motorized or non-motorized travelers from safety risks on roadways, transit, rail, or ports.

Applicants are highly encouraged to include data-driven information when addressing the safety criterion such as the current and projected number or rate of crashes, fatalities and/or serious injuries among transportation users and how those compare to the statewide average; details about the transportation user that will reap the safety benefits such as whether the project addresses vulnerable roadway users8 or whether the project addresses inequities in crash victims.

If applicable, applicants should describe how the project incorporates specific actions and activities identified in the Department’s National Roadway Safety Strategy, or Improving Safety for Pedestrians and Bicyclists Accessing Transit report, or FTA’s Safety Advisory 23-1: Bus-toPerson Collisions.

Environmental Sustainability
The Department will consider the extent to which the project incorporates considerations of climate change and environmental justice in the project planning or project delivery stage.

Environmental justice means the just treatment and meaningful involvement of all people, regardless of income, race, color, national origin, Tribal affiliation, or disability, in agency decision-making and other Federal activities that affect human health and the environment so that people: (i) are fully protected from disproportionate and adverse human health and environmental effects (including risks) and hazards, including those related to climate change, the cumulative impacts of environmental and other burdens, and the legacy of racism or other structural or systemic barriers; and (ii) have equitable access to a healthy, sustainable, and resilient environment in which to live, play, work, learn, grow, worship, and engage in cultural and subsistence practices.

The Department will evaluate whether and how the project demonstrates environmental sustainability benefits. For this assessment, the Department will consider, for example, how the project will significantly reduce transportation-related pollution like air pollution and greenhouse gas emissions; aligns with the applicant’s State, regional, county or city carbon-reduction plan or the U.S. National Blueprint for Transportation Decarbonization; address the disproportionate negative environmental impacts of transportation such as exposure to elevated levels of air, water, and noise pollution; or implement transportation-efficient land use and design, such as drawing on the features of historic towns and villages that had a mix of land uses, compact and walkable development patterns, accessible green space, and neighborhood centers that make it convenient to take fewer or shorter trips.

The Department will assess whether and how the project is expected to reduce emissions, such as shifts to lower emissions vehicles, transit, or active transportation; shift freight to lower-carbon 8 As defined by FHWA’s Vulnerable Road User Safety Assessment Guidance, a vulnerable road user is a non-motorist and may include people walking, biking, or rolling as well as highway workers on foot in a work zone.

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Item 10.
43 43
travel modes to reduce emissions; improve the resiliency of at-risk infrastructure9 to withstand
extreme weather events and natural disasters caused by climate change such as by using bestavailable climate data sets, information resources, and decision-support tools, and incorporating nature-based solutions or natural infrastructure; or incorporates lower-carbon pavement or construction materials as described in the Environmental Protection Agency’s interim guidance on low-carbon materials or the U.S. National Blueprint for Transportation Decarbonization.

The Department will also consider whether and how the project will incorporate energy efficient investments such as electrification or zero emission vehicle infrastructure; redevelop brownfield sites; remove, replace, or restore culverts to improve passage of aquatic species; or avoid adverse impacts to air or water quality, wetlands, and endangered species. If applicable, applicants are encouraged to make floodplain upgrades consistent with the Federal Flood Risk Management Standard, to the extent consistent with current law, in Executive Order 14030, Climate-Related Financial Risk and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input.

Quality of Life
The Department will consider whether and how the project will improve quality of life, such as by increasing affordable transportation choices and expanding active transportation usage or significantly reducing vehicle dependence; reduce transportation and housing cost burdens by integrating mixed use development and a diversity of housing types (including affordable housing) with multimodal transportation infrastructure; coordinate and integrate land use, affordable housing, and transportation planning in order to create more livable communities and expand travel choices; reduce vehicle dependence and improve access to daily destinations such as jobs, healthcare, grocery store, schools, places of worship, recreation, or parks such as by adding new facilities that promote walking, biking; implement transit-oriented development that benefits existing residents and businesses; mitigate urban heat islands to protect the health of atrisk residents, outdoor workers, and others; or proactively address racial equity.10 Mobility and Community Connectivity
The Department will assess whether and how the applicant will improve mobility and community connectivity. For this assessment, DOT will consider, for example, how the project will address system-wide connectivity with access to transit, micro-mobility, and mobility ondemand; implement plans, based on community participation and data, that identifies and addresses gaps in the existing network; remove physical barriers for individuals by reconnecting communities to direct, affordable transportation options; include transportation features that increase accessibility for non-motorized travelers, such as through a Complete Streets approach; 9 For the RAISE program, at-risk infrastructure is defined as infrastructure that is subject to, or faces increased long-term future risks of, a weather event, a natural disaster, or changing conditions, such as coastal flooding, coastal erosion, wave action, storm surge, or sea level rise, in order to improve transportation and public safety and to reduce costs by avoiding larger future maintenance or rebuilding costs. 10 Definitions for “racial equity” and “underserved communities” are found in Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, Sections 2 (a) and (b).

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44 44
incorporate Americans with Disabilities Act (ADA) or Universal Design11 improvements; directly increase intermodal and multimodal freight movement; or considers last-mile freight plans in a Complete Streets and multimodal approach.

Economic Competitiveness and Opportunity
The Department will assess whether and how the project will improve economic competitiveness and opportunity. For this assessment, DOT will consider, for example, how the project will improve intermodal or multimodal freight mobility, especially for supply chain bottle necks; facilitate tourism; promote local inclusive economic development and entrepreneurship such as the utilization of Disadvantaged Business Enterprises or 8(a) firms; wealth building; long-term economic growth and other broader economic and fiscal benefits; create good-paying jobs with free and fair choice to join a union including through the use of a project labor agreement; or adopt local and economic hiring preferences for the project workforce or include other changes to hiring policies and workplace cultures to promote the entry and retention of underrepresented populations. DOT will evaluate the extent to which the project will promote greater public and private investments in land-use productivity, including rural main street revitalization or locally driven density decisions that support equitable commercial and mixed-income residential development.

State of Good Repair
The Department will assess whether and to what extent the project improves state of good repair.

For this assessment, DOT will consider, for example, how the project will mitigate current or projected system vulnerabilities; restore and modernize (such as through road diets and Complete Streets approaches) the existing core infrastructure assets that have met their useful life; reduce construction and maintenance burdens through efficient and well-integrated design; create new infrastructure in remote communities that will be maintained in a state of good repair; prioritize improvement of the condition and safety of existing transportation infrastructure within the existing footprint; conduct routine or deferred maintenance; create new infrastructure (not in a remote community) that will be maintained in a state of good repair; or identify the party responsible for maintenance and how the new or improved asset(s) will be maintained in a state of good repair.

The Department encourages applicants to improve the condition and safety of existing state and locally owned transportation infrastructure within the right-of-way before proposing projects that add new general purpose travel lanes serving single occupancy vehicles.

Partnership and Collaboration
The Department will consider the extent to which the project has or will support and engage diverse people and communities. For this assessment, DOT will consider, for example, how the project has or will collaborate with public and/or private entities; documents support from local, regional, and/or national levels; engage residents and community-based organizations to ensure 11 Definition for “Universal Design” found on the General Services Administration’s Section508.gov website and states, “Universal design is a concept in which products and environments are designed to be usable by all people, to the greatest extent possible, without the need for adaption or specialized design.”

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45 45
equity considerations for underserved communities are meaningfully integrated throughout the project. Applicants should describe how the project incorporates specific actions and activities identified in the Department’s Promising Practices for Meaningful Public Involvement in Transportation Decision-Making Guide; coordinate with other types of projects such as economic development, commercial or residential development near public transportation, power/electric infrastructure projects, or broadband deployment; partner with Disadvantaged Business Enterprises or 8(a) firms; partner with high-quality workforce development programs with supportive services12 to help train, place, and retain underrepresented communities in goodpaying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs that serve underrepresented groups, and proactive plans to prevent harassment; partner and engage with local unions or other workerbased organizations in the development and lifecycle of the project, including through evidence of project labor agreements and/or community benefit agreements; or partners with communities, or community groups representative of historically underrepresented groups, to develop workforce strategies; or establish formal public-private partnerships or joint ventures to expand or create new infrastructure or economic development capacity. DOT will assess the level of detail and description provided about the partnerships listed above. Applications that provide more details and descriptions about the project partnership will be rated higher than those that do not, in alignment with the merit rating rubric.

The Department will consider whether the applicant is participating in the Thriving Communities Network. Applications that include right-of-way acquisition plans that minimally disrupts communities and maintains community cohesion will be more competitive than right-of-way acquisition plans that disrupt communities. For projects involving other Federal agencies, or requiring action from other Federal agencies, DOT will consider the level of involvement and commitment from those agencies. For example, relevant port projects should demonstrate alignment with U.S. Army Corps of Engineers investment strategies.

Innovation
The Department will assess the extent to which the applicant uses innovative: (1) technologies; (2) project delivery; or (3) financing. If this project is the first time the applicant or community will deploy specific innovations, the Department will consider them innovative, to the extent applicants provide enough detail to determine whether the innovations being deployed are new or innovative to the applicant or community regardless of whether other applicants or communities have implemented these innovations.
• Innovative Technologies: The Department will consider how the project enhances the environment for connected, electric, or automated vehicles to improve the detection, mitigation, and documentation of safety risks. Examples include the use of Advanced 12 Supportive services are critical to help women and people facing systemic barriers to employment be able to participate and thrive in training and employment. Recommended supportive services include childcare, 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.

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Driver Assistance Systems on public transit vehicles and detection systems on railroads to target and deter trespassing. The Department will assess the extent to which the project uses innovative technology that significantly enhances the operational performance and maintenance of the surface transportation system including sensors to inspect infrastructure and manage assets or to monitor real-time conditions of pavement quality, signage, crosswalks, or transit headways; active grade crossing detection systems to enable responsive traffic management; or digitalized curb management to optimize use across purposes and modes, including freight, pick-up drop-off, and transit usage. The use of low-carbon materials as well as the use of caps, land bridges, or underdecks are also considered innovative.
o Please note that all innovative technology must follow 2 CFR § 200.216. If an applicant is proposing to deploy autonomous vehicles or other innovative motor vehicle technology, the Department will consider whether and how the applicant demonstrates that all vehicles will comply with applicable safety requirements, including those administered by the National Highway Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety Administration (FMCSA). Specifically, the Department will consider whether the vehicles acquired for the proposed project will comply with applicable Federal Motor Vehicle Safety Standards (FMVSS) and Federal Motor Carrier Safety Regulations (FMCSR). If the vehicles may not comply, the Department will consider applications that do one of the following more competitive than applications that do not: either (1) show that the vehicles and their proposed operations are within the scope of an exemption or waiver that has already been granted by NHTSA, FMCSA, or both agencies or (2) directly address whether the project will require exemptions or waivers from the FMVSS, FMCSR, or any other regulation and, if the project will require exemptions or waivers, present a plan for obtaining them.
• Innovative Project Delivery: The Department will consider the extent to which the project utilizes innovative practices in contracting (such as public-private partnerships and single contractor design-build arrangements), single contractor design-build arrangements, project bundling, https://www.fhwa.dot.gov/construction/adcms/Advanced Digital Construction Management, Accelerated Bridge Construction, Digital as-builts, or an upto-date programmatic agreement between an environmental resource agency and a state DOT, or other NEPA lead agency, establishing a streamlined process for environmental consultations and permits for commonly encountered project types. • Innovative Financing: The Department will assess the extent to which the project incorporates innovations in transportation funding and finance, for example through private sector funding or financing, using congestion pricing or other demand management strategies to address congestion, securing a TIFIA or RRIF loan, or receiving an allocation for private activity bonds through DOT’s Build America Bureau. iv. Project Readiness
Capital project applications that receive second-tier analysis will be reviewed for Project Readiness and assigned three evaluation ratings:

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• Environmental Risk Assessment
• Financial Completeness Assessment
• Technical Capacity Assessment
Planning project applications that receive second-tier analysis will be reviewed for Project Readiness and assigned two evaluation ratings:
• Financial Completeness Assessment
• Technical Capacity Assessment
Low ratings in any of these readiness areas do not disqualify projects from award, but competitive applications clearly and directly describe achievable risk mitigation strategies.

Environmental Risk
The Environmental Risk Assessment evaluates information provided in the Project Readiness file. It analyzes the project’s environmental approvals and likelihood of the necessary approvals affecting project obligation funds and timely expenditure of funds after obligation. The assessment results in a rating of “high risk,” “moderate risk,” or “low risk.” Technical Capacity
The Technical Capacity Assessment will assess the applicant’s capacity to successfully deliver the project in compliance with applicable Federal requirements as well as the recipient’s experience working with Federal funds, civil rights compliance, and previous experience delivering infrastructure projects. This review is partially based on information submitted with the application and partially based on DOT Operating Administration knowledge of the applicant’s performance. Technical Capacity ratings will be one of the following: “certain,” “somewhat certain,” or “uncertain.”
DOT will assign the highest rating of “certain,” if the application demonstrates that: the applicant has extensive experience with Federal funds; the applicant has extensive experience completing projects with similar scope; the applicant has the resources to deliver the project; and the project will comply with all applicable Federal requirements including, but not limited to, Buy America provisions, ADA regulations, Civil Rights requirements, Federal Motor Vehicle Safety Standards, and/or the Federal Motor Carrier Safety Regulations.

If an applicant is proposing to adopt innovative technology or other innovative practices, DOT will assess whether the applicant’s capacity to implement those innovations, the applicant’s understanding of applicable Federal requirements and whether the innovations may require extraordinary permitting, approvals, exemptions, waivers, or other procedural actions, and the effects of those innovations on the project delivery timeline.

Financial Completeness
The Financial Completeness Assessment reviews the project budget to confirm the availability of funding for the project and whether the applicant presented a complete funding package based on reasonable cost estimates. Financial Completeness ratings are: “complete,” “partially complete,” or “incomplete.”

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DOT will assign the highest rating of “complete,” if the application identifies all funding sources for the project budget, documents all funding is available and committed to the project, includes contingency amount in the project budget and describes a plan to address potential cost overruns, and cost estimates are no more than a year old or include an inflation factor. Planning grants are not required to include a contingency amount but must discuss a plan to address potential cost overruns.

Projects with funding estimates that are based on early stages of design (e.g., less than 30 percent design) or outdated cost estimates without specified budget contingencies will receive a lower rating. All applicants, including those requesting 100 percent grant funding, should describe a plan to address potential cost overruns.
v. Benefit-Cost Analysis
For capital projects that receive second-tier analysis, the Department will consider the costs and benefits of projects seeking RAISE grant funding in determining whether a project is cost effective. To the extent possible, the Department will rely on quantitative, evidenced-based and data-supported analysis to assess how well a project addresses this criterion, including an assessment of the project’s estimated benefit-cost ratio (BCR) based on the applicant-supplied BCA described in the Benefit-Cost Analysis section.

To evaluate the costs and benefits of a proposed project, the Department will assign the project as either negative net benefits (costs exceed benefits) or positive net benefits (benefits exceed costs). Projects with negative net benefit ratings will not be selected for an award, unless the project demonstrates exceptional benefits for underserved or disadvantaged communities, as identified by the Senior Review Team (see Review and Selection Process section).

2. REVIEW AND SELECTION PROCESS
This section explicitly addresses the BIL requirement to describe the methodology for evaluation in the NOFO. The RAISE grant program review and selection process consists of Merit Criteria Review; Project Readiness Review (consisting of Environmental Risk Assessment, Financial Completeness Assessment, and Technical Capacity Assessment); Benefit-Cost Analysis; and Senior Review. The Secretary makes final project selections.

Teams comprising Department staff review all eligible applications received by the deadline for a Merit Review and assign ratings as described in the Application Review Information section.

Using the Merit Review rubric described in the Application Review Information section, the combination of eight merit criteria ratings will result in one overall Merit Rating: Highly Recommended, Recommended, Acceptable, or Unacceptable.
“Highly Recommended” projects automatically advance for second-tier analysis.

The Senior Review Team (SRT) reviews all “Recommended” projects to determine if the benefits of a particular criterion are so significant that the project merits advancing for secondtier analysis. The SRT can advance a “Recommended” project only if:

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• The project received a “high” in one or more of the priority criteria of safety, environmental sustainability, mobility and community connectivity, or quality of life, and the benefits in that criterion are exceptional; or
• The SRT provides additional information to demonstrate that a criterion has benefits that are aligned with a “high” rating for one or more of the priority merit criteria listed above (whether or not the Merit Review Team assigned a “high” rating) and the benefits in that criterion would be exceptional.

Senior Operating Administration staff and OST staff may make recommendations to the SRT for which projects should advance based on exceptional benefits of a particular priority criterion.

Applications for the FY 2025 RAISE grant program that have identical project scope to applications that were submitted and evaluated under the FY 2024 Reconnecting Communities Neighborhoods Program competition and received the designation of “Reconnecting Extra,” will automatically advance for second-tier analysis if they receive an overall merit rating of “Recommended” and have at least one “High” rating in a priority criterion.

Second-tier analysis consists of:
• Capital Projects
o Cost-Benefit Analysis
o Project Readiness: (1) Environmental Risk Assessment; (2) Financial Completeness Assessment; and (3) Technical Capacity Assessment
• Planning Projects
o Project Readiness: (1) Financial Completeness Assessment; and (2) Technical Capacity Assessment
Following completion of second-tier analysis, the SRT determines which projects are designated as Highly Rated.

Using the discretionary authority provided in statute, the Secretary selects projects from the Highly Rated List for award, consistent with the selection criteria and statutory requirements for geographic and modal diversity. The Secretary may, depending on the pool of qualified applications, seek to award at least one project per state or territory.

Projects for which an FY 2025 RAISE application is advanced by the Senior Review Team to the Highly Rated List, but that are not awarded, are automatically designated as “Projects of Merit.” Projects with this designation will be carried over into FY 2026 RAISE and considered by the SRT for advancement to the Highly Rated List, along with other FY 2026 applications eligible for advancement to the Highly Rated List.

Consistent with past practice and statute, the Department offers debriefs to applicants not selected for award to receive information about the RAISE project’s evaluation. Due to overwhelming demand, the Department is unable to provide a RAISE award to every competitive project that applies.

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G. AWARD NOTICES

1. HOW PROJECT SELECTIONS ARE ANNOUNCED
The Department emails each successful applicant and posts all selections in Fact Sheets as well as an excel file on the RAISE website.
• Notice of selection is not authorization to begin or to incur costs for the proposed project. • Following that announcement, the RAISE program Office and relevant operating administration will contact the point of contact listed in the SF-424 to initiate development of the grant agreement.

2. ANNOUNCEMENT DATES
• Round 1: The selections of applications, designated as FY 2024 Projects of Merit awarded reserved funding under Round 1 of this NOFO, will be announced by January 13, 2025.
• Round 2: Selections under Round 2 of this NOFO, will be announced no later than June 28, 2025.

3. PRE-AWARD COSTS
Unless authorized by the Department in writing after announcement of FY 2025 RAISE selections, any costs incurred prior to the Department’s obligation of funds for a project are ineligible for reimbursement and are ineligible cost share requirements.13 • Project costs incurred before project selections are announced cannot be paid for with funds from this competition.
• Funds must be used only for the specific purposes as outlined in the award letter and/or authorized by the Department.

4. REIMBURSABLE PROGRAM
Recipients of RAISE Grant awards will not receive lump-sum cash disbursements at the time of award announcement or obligation of funds.

In general, RAISE Program funds are administered on a reimbursement basis. Grant recipients will generally be required to pay project costs upfront using their own funds, and then request reimbursement for those costs.
• RAISE funds will reimburse recipients only after a grant agreement has been executed, allowable expenses are incurred, and valid requests for reimbursement are submitted. 13 Pre-award costs are costs incurred after award announcement, but directly pursuant to the development of a grant agreement where such costs are necessary for efficient and timely performance of the scope of work, as determined by DOT. Costs incurred under an advance construction (23 U.S.C. 115) authorization before the DOT announces that a project is selected for a FY 2025 RAISE award cannot be charged to FY 2025 RAISE funds. Likewise, costs incurred under an FTA Letter of No Prejudice under Chapter 53 of title 49 U.S.C. before the DOT announces that a project is selected for a FY 2025 RAISE award, cannot be charged to FY 2025 RAISE funds.

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• Obligation occurs when a selected applicant and the Department enter into a written grant agreement after the applicant has satisfied applicable local, State and Federal requirements.

If a recipient cannot complete a project on reimbursement basis, DOT will—on a case-by-case basis—consider recipient requests to use alternate payment methods as described in 2 CFR 200.305(b), including advance payments.

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H. POST-AWARD REQUIREMENTS AND ADMINISTRATION

1. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS
i. Administrative Requirements
Please visit the RAISE website for the General Terms and Conditions for FY 2024 RAISE awards. The FY 2025 RAISE Terms and Conditions will be similar to the FY 2024 RAISE Terms and Conditions, but it will include relevant updates consistent with this notice.

All awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards found in 2 C.F.R part 200, as adopted by DOT at 2 C.F.R part 1201. Federal wage rate requirements included in subchapter IV of chapter 31 of title 40, U.S.C., apply to all projects receiving funds under this program, and apply to all parts of the project, whether funded with RAISE Grant funds, other Federal funds, or nonFederal funds.

In connection with any program or activity conducted with or benefiting from funds awarded under this notice, recipients of funds must comply with all applicable requirements of Federal law, including, without limitation, the Constitution of the United States; the conditions of performance, non-discrimination requirements, and other assurances made applicable to the award of funds in accordance with regulations of the Department of Transportation; and applicable Federal financial assistance and contracting principles promulgated by the Office of Management and Budget. In complying with these requirements, recipients, in particular, must ensure that no concession agreements are denied or other contracting decisions made on the basis of speech or other activities protected by the First Amendment. If DOT determines that a recipient has failed to comply with applicable Federal requirements, DOT may terminate the award of funds and disallow previously incurred costs, requiring the recipient to reimburse any expended award funds.

Additionally, applicable Federal laws, rules and regulations of the relevant operating administration administering the project will apply to the projects that receive RAISE grant awards, including planning requirements, Service Outcome Agreements, Stakeholder Agreements, Buy America compliance, and other requirements under DOT’s other highway, transit, rail, and port grant programs. For projects that are eligible under RAISE but are not eligible under DOT’s other programs or projects that are eligible under multiple DOT programs, the RAISE program will determine the appropriate requirements to ensure the project is delivered consistent with program and Department goals. In particular, Executive Order 14005 directs the Executive Branch Departments and agencies to maximize the use of goods, products, and materials produced in, and services offered in, the United States through the terms and conditions of Federal financial assistance awards. If selected for an award, grant recipients must be prepared to demonstrate how they will maximize the use of domestic goods, products, and materials in constructing their project. RAISE grant projects involving vehicle acquisition must involve only vehicles that comply with applicable Federal Motor Vehicle Safety Standards and Federal Motor Carriers Safety Regulations, or vehicles that are exempt from Federal Motor

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Vehicle Safety Standards or Federal Motor Carrier Safety Regulations in a manner that allows for the legal acquisition and deployment of the vehicle or vehicles.

For projects administered by FHWA, applicable Federal laws, rules, and regulations set forth in Title 23 U.S.C. and Title 23 C.F.R generally apply, including the 23 U.S.C. 129 restrictions on the use of toll revenues, and Section 4(f) preservation of parklands and historic properties requirements under 23 U.S.C. 138. For an illustrative list of the other applicable laws, rules, regulations, executive orders, polices, guidelines, and requirements as they relate to a RAISE grant project administered by the FHWA, please see the RAISE website.

For RAISE projects administered by the Federal Transit Administration and partially funded with Federal transit assistance, all relevant requirements under chapter 53 of title 49 U.S.C. apply. For transit projects funded exclusively with RAISE grant funds, some requirements of chapter 53 of title 49 U.S.C. and chapter VI of title 49 CFR apply.

For projects administered by the Federal Railroad Administration, all relevant requirements under 49 U.S.C. § 22905 apply.
ii. Program Requirements
Climate Change and Environmental Justice Impact Consideration Each applicant selected for RAISE grant funding must demonstrate effort to consider climate change and environmental justice impacts as described in the Application Review Information section, consistent with Executive Order 14008, Tackling the Climate Crisis at Home and Abroad. In the grant agreement, applicants will be required to memorialize commitments they have made in their applications in one or more of the activities in the Criteria section.

Racial Equity and Barriers to Opportunity
Each applicant selected for RAISE grant funding must demonstrate effort to improve racial equity and reduce barriers to opportunity as described in the Application Review Information section, consistent with Executive Order 14091, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. In the grant agreement, applicants will be required to memorialize commitments they have made in their applications in one or more of the activities listed in the Criteria section.

Labor and Workforce
Each applicant selected for RAISE grant funding must demonstrate, to the full extent possible consistent with the law, an effort to create good-paying jobs with the free and fair choice to join a union and incorporation of strong labor standards as described in the Application Review Information section, consistent with Executive Order 14025, Worker Organizing and Empowerment, and Executive Order 14052, Implementation of the Infrastructure Investment and Jobs Act. In the grant agreement, applicants will be required to memorialize commitments they have made in their applications in one or more of the activities listed in the Criteria section.

Critical Infrastructure Security, Cybersecurity, and Resilience It is the policy of the United States to strengthen the security and resilience of its critical infrastructure against all hazards, including both physical and cyber threats, consistent with the -

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National Security Memorandum on Critical Infrastructure Security and Resilience (NSM-22).

Each applicant selected for Federal funding under this notice must demonstrate, prior to the signing of the grant agreement, efforts to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the project. Projects that have not appropriately considered and addressed physical and cyber security and resilience in their planning, design, and project oversight, as determined by the Department of Homeland Security, will be required to do so before receiving funds.

Domestic Preference Requirements
As expressed in Executive Order 14005, ‘Ensuring the Future Is Made in All of America by All of America’s Workers’ (86 FR 7475), the executive branch should maximize, consistent with law, the use of goods, products, and materials produced in, and services offered in, the United States.

Funds made available under this notice are subject to domestic preference requirements based on the Operating Administration that administers the project, including 23 U.S.C. 313 (FHWA projects); 49 U.S.C. 5323(j) (FTA projects); 49 U.S.C. 22905(a) (FRA projects); and section 70914(a) of the Build America, Buy America Act (all projects). The Department expects all applicants to comply without needing a project-specific waiver for domestic preference requirements.

Civil Rights and Title VI
As a condition of a grant award, grant recipients should demonstrate that the recipient has a plan for compliance with civil rights obligations and nondiscrimination laws, including Title VI of the Civil Rights Act of 1964 and implementing regulations (49 CFR § 21), the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act, all other civil rights requirements, and accompanying regulations. This should include a current Title VI plan, completed Community Participation Plan, and a plan to address any legacy infrastructure or facilities that are not compliant with ADA standards. DOT’s and the applicable Operating Administrations’ Office of Civil Rights may work with awarded grant recipients to ensure full compliance with Federal civil rights requirements.

Federal Contract Compliance
As a condition of grant award all Federally assisted contractors are required to make good faith efforts to meet the goals of EO 11246, Equal Employment Opportunity (30 FR 12319, and as amended). Under Section 503 of the Rehabilitation Act and its implementing regulations, affirmative action obligations for certain contractors include an aspirational employment goal of 7 percent workers with disabilities.

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is charged with enforcing Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. OFCCP has a Mega Construction Project Program through which it engages with project sponsors as early as the design phase to help promote compliance with non-discrimination and affirmative action obligations. OFCCP will identify projects that receive an award under this notice and are required to participate in OFCCP’s Mega Construction Project Program from a wide range of Federally assisted projects over which OFCCP has jurisdiction and that have a project cost above

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$35 million. DOT will require project sponsors with costs above $35 million that receive awards under this funding opportunity to partner with OFCCP, if selected by OFCCP, as a condition of their DOT award.

Project Signage and Public Acknowledgements
Recipients are encouraged for construction and non-construction projects to post project signage and to include public acknowledgments in published and other collateral materials (e.g., press releases, marketing materials, website, etc.) satisfactory in form and substance to DOT, that identifies the nature of the project and indicates that “the project is funded by the Infrastructure Investment and Jobs Act.” In addition, recipients employing project signage are required to use the official Investing in America emblem in accordance with the Investing in America Emblem Style Guide. Costs associated with signage and public acknowledgments must be reasonable and limited. Signs or public acknowledgments should not be produced, displayed, or published if doing so results in unreasonable cost, expense, or recipient burden. The Recipient is encouraged to use recycled or recovered materials when procuring signs.

2. REPORTING
i. Progress Reporting on Grant Activities
Each applicant selected for RAISE grant funding must submit quarterly progress reports and Federal Financial Reports (SF-425) to monitor project progress and ensure accountability and financial transparency in the RAISE grant program.
ii. Performance Reporting
Each applicant selected for RAISE grant funding must collect and report to the DOT information on the project’s performance based on performance indicators DOT identifies related to program goals (e.g., travel time savings, greenhouse gas emissions, passenger counts, level of service, etc.) and other information as requested by DOT. Performance indicators should include measurable goals or targets that DOT will use internally to determine whether the project meets program goals, and grant funds achieve the intended long-term outcomes of the RAISE Grant Program. To the extent possible, performance indicators used in the reporting should align with the measures included in the application and should relate to at least one of the selection criteria defined in the Criteria section. Performance reporting continues for several years after project construction is completed, and DOT does not provide RAISE grant funding specifically for performance reporting. RAISE grant performance measures are posted on the RAISE website. iii. Program Evaluation
As a condition of grant award, RAISE grant recipients may be required to participate in an evaluation undertaken by DOT, or another agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients, an impact and/or outcomes analysis of all or selected sites within or across grant recipients, or a benefit/cost analysis or assessment of return on investment. The Department may require applicants to collect data elements to aid the evaluation. As a part of the evaluation, as a condition of award, grant

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recipients must agree to: (1) make records available to the evaluation contractor; (2) provide access to program records, and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or DOT staff.

Recipients and sub-recipients are also encouraged to incorporate program evaluation including associated data collection activities from the outset of their program design and implementation to meaningfully document and measure the effectiveness of their projects and strategies. Title I of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act), Pub. L. No. 115–435 (2019) urges Federal awarding agencies and Federal assistance recipients and subrecipients to use program evaluation as a critical tool to learn, to improve equitable delivery, and to elevate program service and delivery across the program lifecycle. Evaluation means “an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency” (codified at 5 U.S.C. § 311).

For grant recipients, evaluation expenses are allowable costs (either as direct or indirect), unless prohibited by statute or regulation, and such expenses may include the personnel and equipment needed for data infrastructure and expertise in data analysis, performance, and evaluation (2 CFR § 200). Credible program evaluation activities are implemented with relevance and utility, rigor, independence and objectivity, transparency, and ethics (OMB Circular A-11, Part 6 Section 290). iv. Reporting of Matters Related to Recipient Integrity and Performance If the total value of a selected applicant’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then the applicant during that period of time must maintain the currency of information reported to the SAM that is made available in FAPIIS about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111- 212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.

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I. FEDERAL AWARDING AGENCY CONTACT(S)
For further information concerning this notice please contact the RAISE grant program staff via e-mail at [email protected]. In addition, DOT will post answers to questions and requests for clarifications on the RAISE website. To ensure applicants receive accurate information about eligibility or the program, the applicant is encouraged to contact DOT directly, rather than through intermediaries or third parties, with questions. DOT staff may also conduct briefings on the RAISE grant selection and award process upon request.

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J. OTHER INFORMATION

1. PROTECTION OF CONFIDENTIAL BUSINESS INFORMATION
All information submitted as part of or in support of any application shall use publicly available data or data that can be made public and methodologies that are accepted by industry practice and standards, to the extent possible. If the applicant submits information that the applicant considers to be a trade secret or confidential commercial or financial information, the applicant must provide that information in a separate document, which the applicant may cross-reference from the application narrative or other portions of the application. For the separate document containing confidential information, the applicant must do the following: (1) state on the cover of that document that it “Contains Confidential Business Information (CBI);” (2) mark each page that contains confidential information with “CBI;” (3) highlight or otherwise denote the confidential content on each page; and (4) at the end of the document, explain how disclosure of the confidential information would cause substantial competitive harm. DOT will protect confidential information complying with these requirements to the extent required under applicable law. If DOT receives a Freedom of Information Act (FOIA) request for the information that the applicant has marked in accordance with this section, DOT will follow the procedures described in its FOIA regulations at 49 CFR § 7.29. Only information that is in the separate document, marked in accordance with this section, and ultimately determined to be confidential under § 7.29 will be exempt from disclosure under FOIA.

2. PUBLICATION AND SHARING OF APPLICATION INFORMATION
Following the completion of the selection process and announcement of awards, the Department intends to publish a list of all applications received along with the names of the applicant organizations and funding amounts requested. Except for the information properly marked as described in the Protection of Confidential Business Information section, The Department may make application narratives publicly available or share application information within the Department or with other Federal agencies if the Department determines that sharing is relevant to the respective program’s objectives.

Pete Buttigieg
Issued in Washington D.C. on November 1, 2024

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Item 10.

STAFF REPORT
1/22/2025
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Amendment #3 to the CVAG-City of Coachella Reimbursement Agreement for Project Study Reports (Phase 1) for the Dillon Road Interstate 10 Interchange and the Dillon Road SR 86 Interchange and Preliminary Engineering & Environmental Document for the Dillon Road Bridge at Whitewater Channel, ST-109.

STAFF RECOMMENDATION:

Authorize City Manager to execute Amendment #3 to the CVAG-City of Coachella Reimbursement Agreement for Project Study Reports (Phase 1) for the Dillon Road Interstate 10 Interchange and the Dillon Road SR 86 Interchange and Preliminary Engineering & Environmental Document for the Dillon Road Bridge at Whitewater Channel, ST-109.

BACKGROUND:

In October 2007, City Council authorized a Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) providing $3 million for the Dillon Road interchanges at I10 and SR86 Phase 1 Project Study Report (PSR) as well as the Preliminary Engineering and Environmental Design for the Dillon Road Bridge at Whitewater Channel (also known as the Coachella Valley stormwater channel).

In March 2009, City Council approved Amendment No. 1 adding $149,238.75. The agreed upon work was to perform environmental documentation for the interchanges with CVAG paying 75 percent of the total costs of $198,985.00 making the total CVAG commitment $3,149,238.75. The City of Coachella completed the scope of work for the two interchange PSRs in 2010 for a total of approximately $1,890,000.

In July, 2016, City Council approved Amendment No. 2 to the existing Reimbursement Agreement with CVAG to utilize remaining money in the existing agreement, approximately $1,259,000, to pay 100 percent of eligible expenses to fund any additional design work and revalidate the environmental documents for the Dillon Road Bridge at Whitewater Channel.

DISCUSSION/ANALYSIS:

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In November of 2018, the Dillon Road Joint Powers Authority (JPA) was established and a Joint Exercise of Powers Agreement was entered into to help advance the Dillon Road Bridge project.

The JPA empowered and authorized the City of Coachella, as the Lead Agency, to enter into contracts for the JPA and authorized the City to execute and administer professional services, update and complete the required environmental documents and complete the preliminary engineering and environmental document phase of the project.

During this time, the JPA successfully completed the preliminary engineering and environmental document phase (PA&ED); successfully resolved ownership questions related to the property and the structure; and changed state law to allow the Tribe to take the lead.

On October 2, 2024 the JPA passed Resolution DR-2023-01 to relinquish lead agency and project management rights and responsibilities from the City of Coachella and transfer those rights and responsibilities to the Twenty-Nine Palms Band of Mission Indians. Due to these recent changes, City staff requested an amendment to the reimbursement agreement between CVAG and the City to cover the costs incurred to complete the PA&ED phase to close out the project.

On December 2, 2024 CVAG’s Executive Committee authorized Amendment #3 to the Reimbursement Agreement for Project Study Reports (Phase 1) for the Dillon Road Interstate 10 Interchange and the Dillon Road SR 86 Interchange and Preliminary Engineering & Environmental Document for the Dillon Road Bridge at Whitewater Channel. With this agreement, the final costs for the project will be reimbursed and the PA&ED phase of the project will be completed. The Twenty-Nine Palms Band of Mission Indians will continue to move the project forward to complete the PS&E and Construction phases.

FISCAL IMPACT:

No fiscal impact to FY 24/25 CIP Budget. Amendment #3 will increase CVAG’s commitment by $27,905.87 with a 100% match to cover all remaining costs.

ATTACHMENTS:

1. Amendment #3 to the CVAG-City of Coachella Reimbursement Agreement for Project Study Reports (Phase 1) for the Dillon Road Interstate 10 Interchange and the Dillon Road SR 86 Interchange and Preliminary Engineering & Environmental Document for the Dillon Road Bridge at Whitewater Channel.

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Item 11.

Contract No. CVAG-99-228-03
Project: Dillon Road I-10 & SR-86 PSR and Bridge at Whitewater Channel PA&ED

AMENDMENT NUMBER THREE
to the

CVAG-CITY OF COACHELLA REIMBURSEMENT AGREEMENT
for
PROJECT STUDY REPORTS (PHASE 1) FOR THE
DILLON ROAD INTERSTATE 10 INTERCHANGE
AND
THE DILLON ROAD SR 86 INTERCHANGE
AND

PRELIMINARY ENGINEERING & ENVIRONMENTAL DOCUMENT FOR THE DILLON ROAD

BRIDGE AT WHITEWATER CHANNEL
This AMENDMENT NUMBER THREE is made and entered into this 2nd day of December 2024, by and between the Coachella Valley Association of Governments, a California joint powers agency (CVAG), and City of Coachella (City), and is made with reference to the following background facts and circumstances. All other terms and conditions shall remain the same as stated in the original Agreement dated October 5, 2007.

1. This Amendment Number Three authorizes the additional scope of services in accordance with the attached City of Coachella letter dated October 16, 2024 for the not-to-exceed amount of $27,905.87. The total amount payable shall not exceed $3,177,144.62.

Original Agreement October 5, 2007 $3,000,000.00
Amendment Number One March 13, 2009 $149,238.75
Amendment Number Two June 27, 2016 No Cost
Amendment Number Three December 2, 2024 $27,905.87
Total Agreement Not-to-Exceed $3,177,144.62
Consistent with CVAG Policy 21-02, this amendment shall be executed with the use of electronic or digital signatures in order to be in effect.

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Contract No. CVAG-99-228-03
Project: Dillon Road I-10 & SR-86 PSR and Bridge at Whitewater Channel PA&ED The parties hereto have caused this Amendment Number Three to be executed by their duly authorized representatives on the above-reference date.

ATTEST CITY OF COACHELLA
By: ___________________________ By: ___________________________ Carlos Campos, City Attorney Gabriel Martin, City Manager

ATTEST COACHELLA ASSOCIATION OF

GOVERNMENTS
By: ____________________________ By: _____________________________ Tom Kirk, CVAG Executive Director Ted Weill, Chair

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Contract No. CVAG-99-228-03
Project: Dillon Road I-10 & SR-86 PSR and Bridge at Whitewater Channel PA&ED Attachment A-1
October 16, 2024 Letter from City of Coachella
See following pages.

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Item 11.

CITY OF COACHELLA
53-990 ENTERPIIJSE WAY, COACHELLA, Caupoitnu 92236
PHONE (76(')) 398-3502 WWW.COACHELLA.ORG
October 16, 2024
Jonathan Hoy
Director of Transportation
Coachella Valley Association or Governments
74199 EI Paseo, Suite 100
Palm Desert, CA 92260
Subject: Request for an Amended Agency Reimbursement Agreement between CVAG and the City or Coachella for the Improvement or Dillon Road at the Whitewater Channel
Dear Mr. Hoy:

The City of Coachella would like to respectfully request that the Coachella Valley Association of Governments (CVAG) prepare an Amendment #3 to the existing Reimbursement Agreement between CVAG and the City of Coachella to improve Dillon Road at the Whitewater Bridge. The existing reimbursable agreement was first executed in October of 2007 for a total commitment of $3,000,000 and Amended in March of 2009 and June, 2016, to add an additional $149,238.75 for a total project commitment of $3,149,238.75. At this time, the City has completed IOO% of the required environmental work, including CEQA and NEPA Certification and the City has successfully secured HBP funding from the State for the completion of the PS&E and construction phases. The City has also successfully resolved complicated right-of-way and construction management issues so that the project may proceed forward with clear right of way and project management responsibilities. At This time, it has been resolved that the bridge structure and all land underlying the bridge are owned by the Twenty Nine Palms Tribe of Mission Indians (Tribe). As such, the Tribe intends to work diligently as a lead agency to advance the PS&E and construction phases of the project moving forward by utilizing the available HBP grant funds that has been secured for the project.

Due to the schedule delays associated with the final Caltrans approval and right-of-way confirmation, the City experienced additional costs to close out this Phase. The City requests CVAG's consideration to fund 100% of the total final costs of the project. This Amendment Number Three will increase the total CVAG share by a total of $27,905.87, resulting in a revised total amount for the project of $3,177,144.62, as detailed in the table below.

Air Ajfirnrative.4ciioii/Equcd Opporhnrity Einployer

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Previously obligated authorized funds (100%)
Obligated under Amendment Number One/two (100%)
Proposed for Amendment Number Three (100%)
Revised Total Amount for this Project
$3,000,000.00
$149,238.75
$27,905.87
$3,177,144.62
The City has previously billed $1 54,'162.19 in Reimbursement requests #7 and #8.

CVAG indicated to the City that we had exceeded the total allowable reimbursable agreement by the amount of $27,905.87 and reimbursed the City a partial payment. The City respectfully requests that amendment #3 be approved such that the total allowable reimbursable amount for this project is increased as described herein.

For questions regarding this request, you may contact Andrew Simmons, at (760) 398- 5744 or email at [email protected]
Sincerely,
S
Andrew Simmons, P.E.

City Engineer
Attachments:

1. Reimbursement Request #7

2. Reimbursement #7 Deposit Receipt

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Item 11.

Marcli 20, 2023
Jonathan Hoy
Director of Transpoitation
CVAG
74-L99 El Paseo, Ste 100
Palm Desert, CA 92260
Dear Mr. Hoy,
City of Coachella
Engineering Department
53990 Enterprise, Coachella, CA 92236
760-398-57 44
In accordance with the September 24, 2007 original agency agreement, Jamiary 26, 2009 First Ai'nendment, and Jine 27, 2016 Second Amendment between the Coachella Valley Associatiori of Govetnment (CVAG), tlie City of Coacl'iella for the Dillon Road Bridge Interstate I-10 Ii'itercl'iange & SR 86 Interchange Project, the City of Coachella respectfully requests CVAG to provide reimbursement in the amount of $154,162.19 as the 7th Reimbursement to the City of Coachella Invoice 2023-016.

PSA / Contract Invoice Check
Name Number Amount Number
Angenious Engineering 19-03-027 $23,334.43 332
Angenious Engineering 19-03-028 $15,914.78 387
Angenious Engineering 19-03-029 $9,754.17 436
Angei'iious Engineering 19-03-030 $21,287.31 466
Angenious Engineering 19-03-031 $36,994.52 524
Angenious Engineering 19-03-032 $18,768.75 542
Angenioris Engineering 19-03-033 $11,337.40 579
Angenious Engineering 19-03-034 $9,460.83 623
Angenious Engineering 19-03-035 $1,155.00 670
Angenious Engineerii'ig 19-03-036 $1,155.00 702
CVWD Deposit $5,000.00 112763
TOTAL $154,162.19
CV AG 100o/. $154,162.19
Pleasedo noi hesitateto contactme at (760) 398-5744or at [email protected] any additional infotamation.

Sincerely,
Andrew Simmons, P.E., City Engineer

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