Hanford City Council
June 2, 2026

47 (h) Northeast Corridor Cost Allocation. For projects located on the Northeast Corridor, as that term is defined in 49 U.S.C. § 24911(a)(4), Amtrak and the public authorities providing commuter rail passenger transportation at the Project location on the Northeast Corridor must remain in compliance with 49 U.S.C. § 24905(c)(2). (i) Interest and Financing Costs. Pursuant to 49 U.S.C. § 24911(g)(2), interest and other financing costs of efficiently carrying out a part of the Project within a reasonable time are a cost of carrying out the Project under a Phased Funding Agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the Project at the time of borrowing. The Recipient will certify to FRA’s satisfaction that the Recipient has shown reasonable diligence in seeking the most favorable financing terms.

###

Version Date: April 30, 2025
Attachment 2

PROJECT-SPECIFIC

TERMS AND CONDITIONS

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

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

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

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

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

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

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

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

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

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

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

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

4.3 Project Scope ................................................................................................................................ 6

4.4 Implement Required Environmental Commitments..................................................................... 9 ARTICLE 5: AWARD DATES AND ESTIMATED PROJECT SCHEDULE ............................................................... 9

5.1 Award Dates .................................................................................................................................. 9 ARTICLE 6: AWARD AND PROJECT FINANCIAL INFORMATION ................................................................... 10

6.1 Award Amount ............................................................................................................................ 10

6.2 Federal Obligation Information .................................................................................................. 10

6.3 Federal Authorization and Funding Source. ............................................................................... 10

6.4 Funding Availability ..................................................................................................................... 10

6.5 Approved Project Budget ............................................................................................................ 10

6.6 Pre-Award Costs .......................................................................................................................... 11

6.7 Phased Funding Agreement ........................................................................................................ 11 ARTICLE 7: PERFORMANCE MEASUREMENT INFORMATION ..................................................................... 11 ARTICLE 8: ENVIRONMENTAL COMPLIANCE ............................................................................................... 13

3 ARTICLE 9: LABOR AND WORK .................................................................................................................... 13

9.1 Efforts to Support Good-Paying Jobs and Strong Labor Standards ............................................ 13

9.2 Supporting Narrative ................................................................................................................... 14

4 ARTICLE 1: PROJECT-SPECIFIC DESIGNATIONS

1.1 Recipient
This Agreement (Agreement) is between the Federal Railroad Administration (FRA) and the City of Hanford Public Works Department (the Recipient).

1.2 Project and Purpose
The purpose of this award is to fund a Fiscal Year (FY) 2023-2024 Railroad Crossing Elimination Program grant for the Grangeville Boulevard at BNSF Grade Separation (the Project), as described in Article 4 of this Attachment 2, to help achieve the goals identified in the Notice of Funding Opportunity for Railroad Crossing Elimination Program, 89 Fed. Reg. 56788, July 10, 2024, that solicited applications for Federal financial assistance. FRA and the Recipient will accomplish that purpose by timely completing the Project and ensuring that this award does not substitute for non-Federal investment in the Project, except as proposed in the Application.

1.3 Program Designations
(a) Research and Development. This award is not for research and development. (b) Project Size. This award is for a non-Major Project as that term is defined in FRA Guidance on Development and Implementation of Railroad Capital Projects, July 18, 2025 (Railroad Capital Projects Guidance).
(c) Phased Funding. This award is not a phased funding agreement as further discussed in Section 6.7 of this Attachment 2.
(d) Grant or Cooperative Agreement. This award is made as a Grant Agreement. (e) Security Risk. This award is for a Project that has a low security risk. (f) Rural Area. The information the Recipient provided to FRA, including in the Application, demonstrates this award is for a Project in a Rural Area.

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

ARTICLE 3: ADMINISTRATIVE INFORMATION

3.1 Application
Application Title: Grangeville Boulevard at BNSF Grade Separation Application Date: September 23, 2024

5 3.2 FRA Awarding Official
FRA Office of Railroad Development
Federal Railroad Administration
1200 New Jersey Ave, SE
Washington, DC 20590
[email protected]

3.3 Federal Award Date
The “Federal Award Date” is the effective date of this Agreement, as defined under Section 25.2 of Attachment 1 of this Agreement.

3.4 Program Name and Assistance Listings Number
For the FY 2023-2024 Railroad Crossing Elimination Program, the Assistance Listings Number is 20.327 and the Assistance Listings Title is Railroad Crossing Elimination Program.

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

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

4.1 General Project Description
The Recipient will conduct Project Development activities, including preliminary engineering (30% designs) and environmental review, to grade separate the at-grade crossing at Grangeville Boulevard and Burlington Northern Santa Fe (BNSF) tracks in the City of Hanford, California. The project will advance efforts to develop an underpass on Grangeville Boulevard.

This Project will greatly improve mobility in the central and northern parts of the City of Hanford and provide the infrastructure needed to accommodate a growing population. The Project will eliminate delay at the frequently blocked at-grade crossing. This will result in improved emergency vehicle response times, increased safety and public convenience, reduced vehicular/train accident potential, and improved traffic circulation. The Project will also improve access to State Route (SR) 43.

4.2 Project Location
The Project is located in the State of California, County of Kings, City of Hanford, along West Grangeville Boulevard at the intersection of the BNSF tracks, in the central part of the City of Hanford. The Project limits will extend approximately 1,800 linear feet along Grangeville Boulevard, from just east of University Avenue to just east of Rodgers Road.

6 Figure 1. Project Location

4.3 Project Scope
The project involves environmental review and preliminary engineering (approximately 30% designs) for a grade separation the at-grade crossing at Grangeville Boulevard and at BNSF tracks in the City of Hanford, California.

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

7 Task 1: Project Administration and Management
Subtask 1.1: Project Administration
The Recipient will perform all tasks required for the Project through a coordinated process, which will involve affected railroad owners, operators, and funding partners, including:
• Burlington Northern and Santa Fe Railway – Host Railroad • FRA
The Recipient will facilitate the coordination of all activities necessary for implementation of the Project.

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

The Recipient will demonstrate to FRA that it is carrying out the project benefits in the most cost- efficient manner.

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

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

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

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

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

Task 1 Deliverables:

Deliverable ID Subtask Deliverable Name

1.1 1.2 Project Management Plan

1.2 1.3 Final Performance Report

Task 2: Environmental Review
The Recipient will not commence work on Task 2: Environmental Review until FRA has approved the PMP deliverable described in Task 1: Project Administration and Management and provided written notification to proceed.

The Recipient will prepare all required documentation t o comply with applicable environmental laws, including but not limited to the National Environme ntal Policy Act (NEPA) , Section 106 of the National Historic Preservation Act, Section 4(f) of the US DOT Act, and Section 7 of the Endangered Species Act, as well as applicable implementing regulations and guidance. The Recipient will provide FRA with sufficient information to determine the NEPA Class of Action and will prepare the environmental documentation as detailed in the PMP. The PMP will identify information and activities necessary to perform and complete the required environmental review.

Task 2 Deliverables:

Deliverable ID Deliverable Name
2 Final NEPA Documentation

Task 3: Preliminary Engineering
The Recipient will not commence work on Task 3: Preliminary Engineering until FRA has approved th e PMP deliverable described in Task 1: Project Administra tion and Management and provided written notification to proceed.

9 The Recipient will complete and submit a preliminary engineering (PE) design set to FRA for approval, as specified in the PMP. The PE design set includes engineering from concept through the 30% design level, as detailed in the PMP, which includes but is not limited to necessary field surveys, operational analysis, legal due d iligence, and preparation of drawings and cost estimates. The PE Design Set will include all design development and Project delivery documentation, along with eligible and allowable cost estimates, with associated project milestone timelines necessary to demonstrate the effectiveness, feasibil ity, and readiness of the Project for final design and construction.

Task 3 Deliverables:

Deliverable ID Deliverable Name
3 PE Design Set

4.4 Implement Required Environmental Commitments
The Recipient will consult FRA if it intends to perform ground-disturbing activities (i.e., geotechnical boring, trenching, tree clearing, vegetation removal, etc.) in support of design prior to the completion of the environmental review for the Project. The Recipient must not proceed with such activities until FRA has reviewed and provided in writing a notice to proceed. FRA will comply with all applicable federal laws and regulations including but not limited to Section 106 of the National Historic Preservation Act and Section 7 of the Endangered Species Act.

The Recipient will implement any mitigation measures and environmental commitments, Section 106 Programmatic Agreement (PA), or Memorandum of Agreement (MOA), or any other documents or correspondence associated with the environmental review for the Project identified through the NEPA process conducted under Task 2: Environmental Review.

ARTICLE 5: AWARD DATES AND ESTIMATED PROJECT SCHEDULE

5.1 Award Dates
Budget Period End Date: July 31, 2029
Period of Performance End Date: July 31, 2029

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

10 Table 5-A: Estimated Project Schedule
Milestone Schedule Date
Project Management Plan Completion 60 days after grant obligation Final NEPA Documentation July 01, 2027
PE Design Set December 31, 2028
Final Performance Report No later than 120 days after the period of performance

ARTICLE 6: AWARD AND PROJECT FINANCIAL INFORMATION

6.1 Award Amount
Agreement Federal Funds: $1,656,000

6.2 Federal Obligation Information
Federal Obligation Type: Single

6.3 Federal Authorization and Funding Source.

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

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

6.5 Approved Project Budget
The estimated total Project cost under this Agreement is $2,070,000 FRA will contribute a maximum of 80 percent of the total Project cost, not to exceed the Agreement Federal Funds in Section 6.1 of this Attachment 2. FRA will fund the Project at the lesser amount of the Agreement Federal Funds or the FRA maximum contribution percentage of total Project costs.

The Recipient will contribute $414,000 in Agreement Non-Federal Funds. Recipient’s Agreement Non- Federal Funds are comprised of cash contributions.

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

11 Table 6-A: Approved Project Budget by Task
Task # Task Title Agreement Federal
Funds
Agreement Non-
Federal Funds Total
1 Project
Administration and
Management
$412,800 $103,200 $516,000
2 Environmental
Review
$220,800 $55,200 $276,000
3 Preliminary
Engineering
$1,022,400 $255,600 $1,278,000
Total $1,656,000 $414,000 Total Project Cost:
$2,070,000

Table 6-B: Approved Project Budget by Source
Funding Source Total Amount Percentage of Total
Project Cost
Federal Share $1,656,000 80%
Agreement Federal Funds $1,656,000 80%
FRA RCE $1,656,000 80%
Agreement Non-Federal Funds $414,000 20%
Local $414,000 20%

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

6.7 Phased Funding Agreement
Not applicable.

ARTICLE 7: PERFORMANCE MEASUREMENT INFORMATION
Table 7-A: Performance Measurement Table identifies the performance measures that this Project is expected to achieve. These performance measures will enable FRA to assess the Recipient’s progress in

12 achieving grant program goals and objectives. The Recipient will report on these performance measures in accordance with the frequency and duration specified in Table 7-A.

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

Table 7-A: Performance Measurement Table
Goal Objective Performance
Measure
Descriptio
n of
Measure
Measurement Reporting
Completion of
Preliminary
Engineering
for a
n at-grade
rail crossing
elimination
Satisfactory
Design
Completion

Satisfactory
Completion of
preliminary
engineering

documents and
deliverables

All
deliverables
required in
Section 4.3
are
successfully
completed
and

accepted by
FRA

Pre-Project
(Baseline)
Performance as of
March 2024
Not applicable since
no document
completed
Frequency:

During
period of
performance
Expected Post-
Project
Performance:

Yes; documents/
deliverables
completed
Duration:

One time
Completion of
Environmental
Review for a
n
at- grade rail
crossing
elimination

Satisfactory
completion of
the NEPA
environmental
review
process

Completion of NEPA
documents/

deliverables
acceptable to FRA

All
deliverables
in Section 4.3
are
successfully
completed
and

accepted by
FRA

Pre-Project
(Baseline)
Performance as of
March 2024: Not
applicable since no
document completed
Frequency:

During
period of
performance
Expected Post-
Project
Performance:

Yes; document/
deliverables
completed
Duration:

One time

13 ARTICLE 8: ENVIRONMENTAL COMPLIANCE
In accordance with the National Environmental Policy Act (NEPA; 42 U.S.C. § 4321 et seq.), other environmental statutes, related regulatory requirements, and FRA’s NEPA-implementing regulations (23 C.F.R. part 771), FRA has determined that the actions funded under this Agreement as described in this Attachment 2, Section 4.3, Tasks 2, are categorically excluded from detailed environmental review pursuant to 23 C.F.R. § 771.116 (c) (3). In accordance with Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108; 36 C.F.R. part 800), FRA has also determined that the actions funded under this Agreement have no potential to cause effects to historic properties. The actions do not require the use of property protected by Section 4(f) of the Department of Transportation Act (49 U.S.C. § 303; 23 C.F.R. part 774).

Categorical exclusion (CE) means a category of actions that a Federal agency has determined normally do not have a significant impact on the quality of the human environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). 42 U.S.C. § 4336e(1).

In analyzing the applicability of a CE, FRA also considered whether unusual circumstances are present that would warrant a more detailed environmental review through the preparation of an EA or EIS. In accordance with 23 C.F.R. § 771.116 (a) and (b), FRA has further concluded that no unusual circumstances exist with respect to development of the activities funded under this grant that might trigger the need for a more detailed environmental review.

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

ARTICLE 9: LABOR AND WORK

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

The Recipient or a project partner promotes robust job creation by supporting good-paying jobs directly related to the project with free and fair choice to join a union. (Describe robust job creation and identify the good-paying jobs in the supporting narrative below.)

The Recipient or a project partner will invest in high-quality workforce training programs such as registered apprenticeship programs to recruit, train, and retain skilled workers, and implement policies such as targeted hiring preferences. (Describe the training programs in the supporting narrative below.)

14 The Recipient or a project partner will partner with high-quality workforce development programs with supportive services to help train, place, and retain workers in good-paying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs, and proactive plans to prevent harassment. (Describe the supportive services provided to trainees and employees, preferences, and policies in the supporting narrative below.) The Recipient or a project partner will partner with communities or community groups to develop workforce strategies. (Describe the partnership and workforce strategies in the supporting narrative below.)
The Recipient or a project partner has taken other actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.)

The Recipient or a project partner has not yet taken actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described below. (Identify the relevant actions in the supporting narrative below.) X The Recipient or a project partner has not taken actions related to the Project to improve good-paying jobs and strong labor standards and will not take those actions under this award.

9.2 Supporting Narrative
N/A

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Exhibits

Revision Date: November 19, 2025

Table of Contents

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

3 EXHIBIT A: APPLICABLE FEDERAL LAWS AND REGULATIONS

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

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

GENERAL FEDERAL LEGISLATION
a. Davis-Bacon Act – 40 U.S.C. § 3141 et seq.
b. Federal Fair Labor Standards Act – 29 U.S.C. § 201 et seq. c. Hatch Act – 5 U.S.C. § 1501 et seq.
d. Uniform Relocation Assistance an d Real Property Acquisition Poli cies Act of 1970 – 42 U.S.C. § 4601 et seq.
e. National Historic Preservation Act of 1966 (Section 106) – 54 U.S.C. § 306108 f. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. §§ 312501-312508 g. Native American Graves Protection and Repatriation Act – 25 U.S.C. § 3001 et seq. h. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. § 7401 et seq. i. Clean Water Act, as amended – 33 U.S.C. § 1251 et seq. j. Endangered Species Act, P.L. 93-205, as amended – 16 U.S.C. § 1536 et seq. k. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. § 1451 et seq. l. Flood Disaster Protection Act of 1973, Section 102(a) – 42 U.S.C. § 4012a m. Age Discrimination Act of 1975 – 42 U.S.C. § 6101 et seq. n. American Indian Religious Freedom Act, as amended – P.L. 95-341 o. Sections 523 and 527 of the Public Health Service Act of 1912, as amended – 42 U.S.C. §§ 290dd– 290dd-2
p. Architectural Barriers Act of 1968 – 42 U.S.C. § 4151 et seq. q. Power Plant and Industrial Fuel Use Act of 1978, P.L. 100-42, Section 403 – 42 U.S.C. § 8373 r. Contract Work Hours and Safety Standards Act – 40 U.S.C. § 3701 et seq. s. Copeland Anti-kickback Act, as amended – 18 U.S.C. § 874 and 40 U.S.C. § 3145 t. National Environmental Policy Act of 1969 – 42 U.S.C. § 4321 et seq. u. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. § 1271 et seq. v. Single Audit Act of 1984 – 31 U.S.C. § 7501 et seq.
w. Americans with Disabilities Act of 1990 – 42 U.S.C. § 12101 et seq. x. Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. §§ 1681–1683 and §§ 1685–1687
y. Section 504 of the Rehabilitation Act of 1973, as amended – 29 U.S.C. § 794 z. Title VI of the Civil Rights Act of 1964 – 42 U.S.C. § 2000d et seq. aa. Limitation on Use of Appropriated Funds to Infl uence Certain Federal Contracting and Financial Transactions – 31 U.S.C. § 1352
bb. Freedom of Information Act, as amended – 5 U.S.C. § 552 cc. Magnuson-Stevens Fishery Conservation and Management Act – 16 U.S.C. § 1801 et seq. dd. Farmland Protection Policy Act of 1981 – 7 U.S.C. § 4201 et seq. ee. Noise Control Act of 1972 – 42 U.S.C. § 4901 et seq. ff. Fish and Wildlife Coordination Act of 1956 – 16 U.S.C. § 661 et seq. gg. Section 9 of the Rivers and Harbors Act and the General Bridge Act of 1946 – 33 U.S.C. §§ 401 and

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

EXECUTIVE ORDERS
a. Executive Order 11990 – Protection of Wetlands
b. Executive Order 11988 – Floodplain Management
c. Executive Order 12372 – Intergovernmental Review of Federal Programs d. Executive Order 12549 – Debarment and Suspension
e. Executive Order 14005 – Ensuring the Future is Made in All of America by All of America’s Workers
f. Executive Order 14025 – Worker Organizing and Empowerment g. Executive Order 14149 – Restoring Freedom of Speech and Ending Federal Censorship h. Executive Order 14154 – Unleashing American Energy
i. Executive Order 14168 – Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
j. Executive Order 14173 – Ending Illegal Discrimination and Restoring Merit-Based Opportunity

GENERAL FEDERAL REGULATIONS
a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards – 2 CFR Parts 200, 1201
b. Non-procurement Suspension and Debarment – 2 CFR Parts 180, 1200 c. Investigative and Enforcement Procedures – 14 CFR Part 13 d. Procedures for predetermination of wage rates – 29 CFR Part 1 e. Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States – 29 CFR Part 3
f. Labor standards provisions applicable to contracts governing federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act) – 29 CFR Part 5 g. Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements) – 41 CFR Parts 60 et seq. h. New Restrictions on Lobbying – 49 CFR Part 20
i. Nondiscrimination in Federally Assisted Programs of the Department of Transportation –

5 Effectuation of Title VI of the Civil Rights Act of 1964 – 49 CFR Part 21, including any amendments thereto
j. Uniform relocation assistance and real property acquisition for Federal and Federally assisted programs – 49 CFR Part 24
k. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance – 49 CFR Part 25
l. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance – 49 CFR Part 27
m. DOT’s implementation of DOJ’s ADA Title II regulations compliance procedures for all programs, services, and regulatory activities relating to transportation under 28 CFR Part 35 n. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation – 49 CFR Part 28
o. Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors – 49 CFR Part 30 p. Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) – 49 CFR Part 32 q. DOT’s implementing ADA regulations for transit services and transit vehicles, including the DOT’s standards for accessible transportation facilities in Part 37, Appendix A – 49 CFR Parts 37 and 38
r. Environmental Impact and Related Procedures – 23 CFR Part 771 s. Procedures Implementing Section 4(f) of the Department of Transportation Act – 23 CFR Part 774

Specific assurances required to be included in the Agreement by any of the above laws, regulations, or circulars are hereby incorporated by reference into this Agreement.

6 EXHIBIT B: ADDITIONAL STANDARD TERMS

7 EXHIBIT B.1: TITLE VI ASSURANCES

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

ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES

RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE

(Implementing the Rehabilitation Act of 1973, as amended, and the Americans With Disabilities Act, as amended)

49 CFR Parts 21, 25, 27, 37 and 38

The United States Department of Transportation (USDOT)

Standard Title VI/Non-Discrimination Assurances

DOT Order No. 1050.2A

By signing and submitting the Application and by entering into this Agreement, the Recipient HEREBY AGREES THAT, as a condition to receiving Federal financial assistance from the Federal Railroad Administration (FRA), it is subject to and will comply with the following:

Statutory/Regulatory Authorities

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 Stat. 252), (prohibits discrimination on the basis of race, color, national origin);  49 CFR Part 21, including any amendments thereto (entitled Non-discrimination In Federally- Assisted Programs Of The Department Of Transportation—Effectuation Of Title VI Of The Civil Rights Act Of 1964);
 28 CFR Section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);

The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

General Assurances

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity,” for which the Recipient receives Federal financial assistance from DOT, including FRA.

8 The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

Specific Assurances

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

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

21.23 (e) of 49 CFR Part 21, including any amendments thereto, will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with the Grant and, in adapted form, in all proposals for negotiated agreements regardless of funding source:

“The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

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

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

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

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

9 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:

a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:

a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

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

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

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

The Recipient gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the FRA under this Agreement. This ASSURANCE is binding on the Recipient, other recipients, sub-recipients, contractors, subcontractors and their subcontractors’, transferees, successors in interest, and any other participants in the program or project funded under this Agreement.

10 APPENDIX A

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

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

2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.

The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21, including any amendments thereto.

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

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

5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or FRA may determine to be appropriate, including, but not limited to:

a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The

11 contractor will take action with respect to any subcontract or procurement as the Recipient or FRA may direct as a means of enforcing such provisions including sanctions for noncompliance.

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

12 APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY

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

NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon in accordance with the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), 23 U.S.C. § 117 and the policies and procedures prescribed by the Federal Railroad Administration (FRA) of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, including any amendments thereto, pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.

(HABENDUM CLAUSE)

TO HAVE AND TO HOLD said lands and interests therein unto Recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Recipient, its successors and assigns.

The Recipient, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the Recipient will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S.

Department of Transportation, including any amendments thereto, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*

(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

13 APPENDIX C

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

FACILITY, OR PROGRAM

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

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

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.

Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (Recipient, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, Recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*

C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the Recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Recipient and its assigns.*

(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

14 APPENDIX D

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

FACILITY OR PROGRAM

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

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

B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination covenants, Recipient will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*

C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, Recipient will there upon revert to and vest in and become the absolute property of Recipient and its assigns.*

(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

15 APPENDIX E

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

Pertinent Non-Discrimination Authorities:

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 Stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21, including any amendments thereto.
 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex) (as applicable);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (P.L. 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
 Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131–12189) as implemented by Department of Transportation regulations at 49 CFR Parts 37 and 38;  Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.).

16 EXHIBIT B.2: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS – PRIMARY COVERED TRANSACTIONS

2 CFR Parts 180 and 1200

These assurances and certifications are applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FRA approval or that is estimated to cost $25,000 or more—as defined in 2 CFR Parts 180 and 1200.

By signing and submitting the Application and by entering into this Agreement, the Recipient is providing the assurances and certifications for First Tier Participants and Lower Tier Participants, as set out below.

1. Instructions for Certification – First Tier Participants:

a. The prospective first tier participant is providing the certification set out below.

b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction.

c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default.

d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

e. The terms “covered transaction,” “civil judgment,” “debarred,” “suspended,” “ineligible,” “participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers to any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

17 f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transactions,” provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (
https://www.sam.gov/), which is compiled by the General Services Administration.

i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants:

a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;

(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment, including a civil settlement, rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust

18 statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and

(4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

2. Instructions for Certification
– Lower Tier Participants:

(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FRA approval or estimated to cost $25,000 or more
– 2 CFR Parts 180 and 1200)

a. The prospective lower tier participant is providing the certification set out below.

b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.

d. The terms “covered transaction,” “civil settlement,” “debarred,” “suspended,” “ineligible,” “participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

19 f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (
https://www.sam.gov/), which is compiled by the General Services Administration.

h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier
Participants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

20 EXHIBIT B.3: REQUIREMENTS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW

As required by Sections 744 and 745 of Title VII, Division E of the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022), and implemented through USDOT Order 4200.6, the funds provided under this award shall not be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that:

(1) Has any unpaid Federal tax liability that has b een assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation un der any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government.

The Recipient therefore agrees:

1. Definitions. For the purposes of this exhibit, the following definitions apply:

“Covered Transaction” means a transaction that uses any funds under this award and that is a contract, memorandum of understanding, cooperative agreement, grant, loan, or loan guarantee.

“Felony Conviction” means a conviction within the preceding 24 months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the United States Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. 3559.

“Participant” means the Recipient, an entity who submits a proposal for a Covered Transaction, or an entity who enters into a Covered Transaction.

“Tax Delinquency” means an unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

2. Mandatory Check in the System for Award Management. Before entering a Covered Transaction with another entity, a Participant shall check the System for Award Management (the “SAM”) at http://www.sam.gov/ for an entry describing that entity.

3. Mandatory Certifications. Before entering a Covered Transaction with another entity, a Participant shall require that entity to:

21 (1) Certify whether the entity has a Tax Delinquenc y; and

(2) Certify whether the entity has a Felony Convict ion.

4 Prohibition. If

(1) the SAM entry for an entity indicates that the entity has a Tax Delinquency or a Federal Conviction;

(2) an entity provides an affirmative response to either certification in section 3; or

(3) an entity’s certification under section 3 was i naccurate when made or became inaccurate after being made

then a Participant shall not enter or continue a Covered Transaction with that entity unless the USDOT has determined in writing that suspension or debarment of that entity are not necessary to protect the interests of the Government.

5. Mandatory Notice to the USDOT.

(a) If the SAM entry for a Participant indicates that the Participant has a Tax Delinquency or a Felony Conviction, the Recipient shall notify the USDOT in writing of that entry.

(b) If a Participant provides an affirmative respon se to either certification in section 1, the Recipient shall notify the USDOT in writing of that affirmative response.

(c) If the Recipient knows that a Participant’s cer tification under section 1 was inaccurate when made or became inaccurate after being made, the Recipient shall notify the USDOT in writing of that inaccuracy.

6. Flow Down. For all Covered Transactions, including all tiers of subcontracts and subawards, the Recipient shall:

(1) require the SAM check in section 2;

(2) require the certifications in section 3;

(3) include the prohibition in section 4; and

(4) require all Participants to notify the Recipien t in writing of any information that would require the Recipient to notify the USDOT under section 5.

22 EXHIBIT B.4: RECIPIENT POLICY TO BAN TEXT MESSAGING WHILE DRIVING

(a) Definitions. The following definitions are intended to be consistent with the definitions in DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009) and Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009). For clarification purposes, they may expand upon the definitions in the executive order.

For the purpose of this Term B.4, “Motor Vehicles” means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for use on a local, State or Federal roadway, but does not include a military design motor vehicle or any other vehicle excluded under Federal Management Regulation 102-34-15.

For the purpose of this Term B.4, “Driving” means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic congestion, a traffic signal, a stop sign, another traffic control device, or otherwise. It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary.

For the purpose of this Term B.4, “Text messaging” means reading from or entering data into any handheld or other electronic device (including, but not limited to, cell phones, navigational tools, laptop computers, or other electronic devices), including for the purpose of Short Message Service (SMS) texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless this practice is prohibited by State or local law. The term also does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to remain stationary.

For the purpose of this Term B.4, the “Government” includes the United States Government and State, local, and tribal governments at all levels.

(b) Workplace Safety. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009) and DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009), the Recipient, subrecipients, contractors, and subcontractors are encouraged to:
(1) adopt and enforce workplace sa fety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving— (i) Company-owned or -rented vehicles or Governmen t-owned, leased or rented vehicles; or
(ii) Privately-owned vehicles when on official Gov ernment business or when performing any work for or on behalf of the Government.
(2) Conduct workplace safety initiatives in a mann er commensurate with the size of the business, such as—
(i) Establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving; and
(ii) Education, awareness, and other outr each to employees about the safety risks associated with texting while driving.

23 (c) Subawards and Contracts. To the extent permitted by law, the Recipient shall insert the substance of this exhibit, including this paragraph (c), in all subawards, contracts, and subcontracts under this award that exceed the micro-purchase threshold, other than contracts and subcontracts for the acquisition of commercially available off-the-shelf items.

24 EXHIBIT B.5: EQUIVALENT LABOR PROTECTIONS UNDER 49 U.S.C. 22905(c)(2)(B) This Exhibit provides guidance on the protective arrangements equivalent to the protective arrangements established under Section 504 of the Railroad Revitalization Reform Act of 1976, with respect to employees affected by actions taken in connection with a Project financed in whole or in part with financial assistance subject to 49 U.S.C. § 22905(c)(2)(B). Fluctuations and changes in volume or character of employment brought about solely by other causes are not within the scope of this Exhibit.

1. Definitions. Whenever used in this Exhibit, capitalized terms shall have the meanings below:
(a) “Average Monthly Compensation” means the total compensation received by a Displaced Employee or a Dismissed Employee during the last twelve (12) months in which they were employed immediately preceding the date of their displacement or dismissal, divided by twelve (12).

The Average Monthly Compensation shall be adjusted to reflect subsequent general wage increases. (b) “Average Monthly Time” means the total number o f hours worked by a Displaced Employee during the last twelve (12) months in which they were employed immediately preceding the date of their displacement, divided by twelve (12).
(c) “Day” means one 24-hour calendar day (inc luding holidays and weekends) for purposes of calculating deadlines and other timeframes in this Exhibit. (d) “Displaced Employee” means a Protected Employee who remains employed by a Railroad but, as a result of a Project, is placed in a worse position with respect to compensation and rules governing working conditions. A Protected Employee’s status as a Displaced Employee begins on the date said employee is harmed.
(e) “Dismissed Employee” means a Protected Employ ee who: (1) as a result of a Project, is deprived of employment with the Railroad because (i) the Railroad eliminates the Protected Employee’s position, or (ii) the Railroad eliminates another employee’s position (and that employee’s exercise of seniority rights results in the Protected Employee’s inability to secure another position by the exercise of the Protected Employee’s seniority rights); and (2) is unable to secure another position by exercise of their seniority rights A Protected Employee’s status as a Dismissed Employee begins on the date said employee is deprived of employment.
(f) “Project” means any action financed in whole or in part with financial assistance subject to 49 U.S.C. § 22905(c)(2)(B).
(g) “Protected Employee” means an employee of a Railroad who is affected by actions taken pursuant to a Project, whether the Project is initiated by a Railroad or a Recipient. If a Railroad rearranges or adjusts its forces in anticipation of a Project with the purpose or effect of depriving an employee of benefits to which they otherwise would have become entitled under this Exhibit, then that employee is a Protected Employee under this Exhibit. An employee’s status as a Protected Employee shall continue for the duration of the applicable Protective Period. An employee who solely benefitted as a result of a Project shall not be a Protected Employee under this Exhibit. (h) “Protective Period” means that period during wh ich a Displaced Employee or a Dismissed Employee is provided the protections described in this Exhibit. The Protective Period begins

25 on the date an employee of a Railroad is displaced or dismissed and ends after six (6) years. However, the Protective Period for any particular employee shall not continue longer than the period of time the Railroad employed the employee prior to the date of their displacement or dismissal. For purposes of this Exhibit, an employee’s length of service shall be determined in accordance with the provisions of Section 7(b) of the Washington Job Protection Agreement of May 1936, as amended. (i) “Recipient” means any person or entity receivin g financial assistance subject to the requirements of 49 U.S.C. § 22905(c), including grantees, subrecipients, contractors, and subcontractors. (j) “Railroad” means (1) a railroad carrier as defined in 49 U.S.C. § 20102(3), or (2) any person deemed a rail carrier pursuant to 49 U.S.C. § 22905(b).

2. Flow Down.
(a) In accepting financial assistance for a Proj ect, the Recipient is responsible for ensuring the compliance with the protections provided in this Exhibit. The Recipient shall make the acceptance of this Exhibit a condition of any new contract (or incorporate its terms into any existing contract by amendment) that uses funds subject to the requirements of 49 U.S.C. § 22905(c). These conditions shall apply to a Recipient, any Railroad and any contractor of any tier with which the Recipient contracts using funds subject to the requirements of 49 U.S.C. § 22905(c). (b) The Recipient shall require in an agreement (ei ther in a new agreement or as an amendment to an existing agreement) with a Railroad owning the right-of-way to be improved by a Project that the Railroad notify its employees (or their representatives) of the Project being funded with financial assistance subject to 49 U.S.C. § 22905(c) and the applicability of these protections. (c) Any Railroad employee (or their representati ves) may notify a Recipient of a dispute or controversy relating to the requirements of this Exhibit to ensure compliance with 49 U.S.C. § 22905(c)(2)(B).

3. Collective Bargaining Agreements.
(a) Existing Agreements. The rates of pay, rules, working conditions, and all collective bargaining and other rights, privileges, and benefits (including continuation of pension rights and benefits) of a Railroad’s employees under applicable laws, regulations, and/or existing collective bargaining agreements shall be preserved and remain applicable unless changed by future collective bargaining agreements or applicable statutes or regulations. As applied to the regulation of subcontracting by the Railroads of a Project, the provisions of this section shall mean that a determination of whether or not such work validly may be subcontracted by a Railroad shall not be affected by the fact that the work is being financed by funds subject to the requirements of 49 U.S.C. § 22905(c)(2)(B). Nothing in this Exhibit shall be construed as depriving any Railroad employee of any rights or benefits or eliminating any obligations that such employee may have under any existing contractual or statutory arrangement, including job security agreements, protective conditions, or arrangements.
(b) Election by Protected Employee. Where a Protected Employee is eligible for protections under both this Exhibit and another contractual or statutory arrangement, the Protected Employee shall elect between the protection under this Exhibit and protection under such other arrangement. After

26 such an election, the Protected Employee shall be protected only by the arrangement that they elect.

The Protected Employee shall not be entitled to any protection or benefit (regardless of whether such benefit is duplicative) under the arrangement that they do not elect. However, if the elected protection expires pursuant to the terms of the arrangement that governs the elected protection, the Protected Employee is entitled to protection under the arrangement not originally elected for the remainder, if any, of the Protective Period.

4. Change in Operations, Services, Facilities, or E quipment. (a) Notice. When a Railroad contemplates a change or changes in its operations, services, facilities, or equipment as a result of a Project, which may cause the dismissal or displacement of Protected Employees or rearrangement of forces involving such employees, it shall give at least sixty (60) days’ written notice of such intended changes to both Protected Employees and their duly authorized representatives (if applicable). Such notice shall contain a full and adequate description of the proposed changes, including an estimate of the number of Protected Employees of each class affected by the intended changes.
(b) Negotiations.
(i) Initiation of Negotiation. Within sixty (60) days after the Railroad issues a notice under Section 4(a) of this Exhibit, the Railroad or the Protected Employees (or their representatives) may, by written notice to the other party, request a meeting and opportunity to negotiate an agreement with respect to the application of the terms and conditions of this Exhibit. These negotiations shall commence within fourteen (14) days from the receipt of such request.
(ii) Subject of Negotiations. Each change to rail operations, services, facilities, infrastructure, or equipment (including rights-of-way, track, and signal and crossing systems) that may result in dismissal or displacement of Protected Employees or rearrangement of forces involving such employees shall be subject to review and negotiation by the parties, but only to the extent necessary to ensure compliance with this Exhibit. For any contemplated rearrangement of rail forces, the Railroad and the representative(s) of the Protected Employees shall agree on the method of selection of employees to be moved, and the assignment of those employees to new roles.
(c) Arbitration. If the Railroad and the representative(s) of the Protected Employees fail to agree within forty-five (45) days from the initial meeting and opportunity to negotiate, either party may submit the dispute for arbitration in accordance with the following procedures:
(i) Notice & Selection of Arbitrator. Within ten (1 0) days after either party has notified the other in writing of their desire to submit the dispute for arbitration, the parties shall select a neutral arbitrator. If the parties cannot agree upon the selection of said arbitrator, then the parties shall submit a request to the National Mediation Board to appoint an arbitrator. In either case, a hearing shall be scheduled no later than thirty (30) days after an arbitrator has been appointed.

27 (ii) Binding Decision. The decision of the arbitrat or shall be final, binding, and conclusive and shall be rendered within thirty (30) days from the date of the commencement of the hearing of the dispute.
(iii) Expenses. The salary and expenses of the arbitrator shall be borne equally by the parties to the proceeding; all other expenses shall be paid by the party incurring them. (d) Implementation. If a notice is issued under Section 4(a), the Railroad shall not implement such a change or changes until: (i) sixty (60) days after the notice in accordance with Section 4(a), if no party requests a meeting and opportunity to negotiate; (ii) the parties reach agreement pursuant to Section 4(b), if a party requests a meeting and opportunity to negotiate; or (iii) a referee has rendered a decision pursuant to Section 4(c).

5. Protections for Displaced Employees
(a) Displacement Allowances.
(i) In General. If a Displaced Employee is unable, in the normal exercise of such employee’s seniority rights under existing agreements, rules and practices, to obtain a position that is compensated equal to or exceeding the compensation the Displaced Employee received in the position from which such employee was displaced, then the Displaced Employee shall, during the Protective Period, be paid a monthly displacement allowance equal to the difference between the monthly compensation received by the Displaced Employee in the position in which such employee is retained and the Average Monthly Compensation received by the Displaced Employee in the position from which such employee was displaced (the “Displacement Allowance”).
(ii) Application of Displacement Allowanc e. If a Displaced Employee’s compensation in that employee’s retained position is less in any month in which such employee performs work than the Average Monthly Compensation, then the Displaced Employee shall be paid the difference between the current compensation and the Average Monthly Compensation.

However, the Displacement Allowance shall be reduced by the Displaced Employee’s time lost as a result of voluntary absences, to the extent that the Displaced Employee is not available for service equivalent to the Displaced Employee’s Average Monthly Time. If, on the other hand, the Displaced Employee, in such employee’s retained position, works in excess of the Average Monthly Time in any given month, then the Displaced Employee shall be additionally compensated for such excess time at the rate of pay of the employee’s retained position. If a Displaced Employee fails to exercise their seniority rights to secure another position available to the employee which does not require a change in such employee’s place of residence, to which the employee is entitled under the working agreement, and which carries a rate of pay and compensation exceeding those of the position that the employee elects to retain, then the Displaced Employee shall thereafter be treated for the purposes of this section as occupying the position such employee elects to decline.
(iii) Early Expiration. The Displacement Allowance shall cease prior to the expiration of the Protective Period in the event of the Displaced Employee’s resignation, death, retirement, or dismissal for justifiable cause.

28 (b) Moving Expenses. Any Protected Employee retained in the service of a Railroad, or who is later restored to service after being entitled to receive a Dismissal Allowance, and is required to change the point of such employee’s employment as a result of the Project, and within the employee’s Protective Period is required to move the employee’s place of residence, shall be reimbursed for all expenses of moving the employee’s household and other personal effects, including travel expenses, temporary living expenses, and any actual wage loss during the time necessary to make the move, and for a reasonable time thereafter, not to exceed five (5) days. (i) Prior Agreement. The exact extent of the respon sibility of a Railroad under this Section and the ways and means of transportation shall be agreed upon in advance by the Railroad and the Protected Employee or their representatives. (ii) Exception. Changes in residence that are not a result of a Project, which are made after the initial change and that grow out of the normal exercise of seniority rights, are not within the purview of this Section.
(iii) Furloughed Employees. The Railroad sha ll, to the same extent provided above, assume the moving expenses outlined in Section 5(b) for an employee furloughed within three (3) years after changing such employee’s point of employment as a result of a Project, who elects to move their place of residence back to their original point of employment. (iv) Reimbursement. A claim for reimbursement shall be paid under the provisions of this Section within sixty (60) days after it is submitted, unless disputed by the Railroad, but no claim shall be paid if presented to the Railroad more than ninety (90) days after the date on which the expenses were incurred.
(c) Losses from Home Sale or Contract Termination. Any Displaced Employee who is retained in the service of a Railroad (or who is later restored to service after being entitled to receive a dismissal allowance), and who is required to change the point of such employee’s employment during the Protective Period as a result of a Project, is entitled to the following:
(i) Home Sale for Less Than Fair Market Value. If t he Displaced Employee owns their place of residence in the locality from which such employee is required to move, then at the Displaced Employee’s option, the Railroad shall reimburse the Displaced Employee for the difference between the actual sale price and the fair market value of the employee’s place of residence. The Railroad shall pay such difference within sixty (60) days after the Displaced Employee has filed a claim for such loss in accordance with Section 5(c)(vi), unless a controversy arises as to which Section 5(c)(vii) applies. In each case, the fair market value of the home in question shall be determined without consideration of the Project. The Railroad shall in each instance be afforded an opportunity to purchase the home at such fair market value before it is sold by the Displaced Employee to any other person.
(ii) Election to Receive Closing Costs. The Displaced Employee may elect to waive the provisions of Section 5(c)(i) and to receive, in lieu thereof, an amount equal to the closing costs that are customarily paid for and assumed by a seller of real estate in the jurisdiction in which the employee’s residence is located. Such costs shall include customary fees paid to a licensed realtor (not to exceed six percent (6%) of the final sale price) and any prepayment penalty required by any mortgagor or beneficiary of a deed of trust. Such costs shall not include

29 the payment of any mortgage discount points or similar interest discount fees by the Displaced Employee.
(iii) Pending Contract to Purchase. If a Displaced Employee has entered into a contract to purchase a place of residence, but due to a Project must cancel that contract, the Railroad shall indemnify the Displaced Employee against any losses due to such cancellation, and shall relieve the Displaced Employee from any further obligation under the contract. (iv) Unexpired Lease. If the Displaced Employee hol ds an unexpired lease of a dwelling as the employee’s primary place of residence, and the Displaced Employee must cancel the lease due to a Project, the Railroad shall indemnify the Displaced Employee from all costs and liability arising from said cancellation.
(v) Exclusions. Any change in residence that is not due to or caused by a Project, or that resulted from the normal exercise of a Protected Employee’s seniority rights, shall not be within the purview of this Section.
(vi) Notification of Claims. A Displaced Em ployee shall notify, in writing, the Railroad of such employee’s claim arising from this Section 5(c) within one (1) year of the date the Displaced Employee’s claim accrues.
(vii) Home Value Disagreements. In the ev ent of disagreement between a Railroad and a Displaced Employee as to the value of a Displaced Employee’s claim, either party (or their representatives) may request, in writing, a joint conference to resolve the disagreement.

A. Real Estate Appraisers. If the parties ar e unable to resolve the disagreement, either party may refer the disagreement to two licensed real estate appraisers, one of whom shall be selected by the Displaced Employee (or such employee’s representatives), and one of whom shall be selected by the Railroad. If the two selected real estate appraisers are unable to agree on a valuation within thirty (30) days, the selected real estate appraisers shall designate (or agree to a method by which to select) a third licensed real estate appraiser within ten (10) days. If unable to agree on a selection, either party may request the National Mediation Board to designate within twenty (20) days a third licensed real estate appraiser. A decision by two of the three licensed real estate appraisers shall be required to determine the value in dispute. Said decision shall be final and conclusive.

B. Payment of Expenses. The salary and expens es of the third or neutral appraiser shall be borne equally by the parties to the proceedings. All other expenses shall be paid by the party incurring them, including the compensation of the appraiser selected by such party.
(d) Failure to Exercise Seniority Rights. If a Displaced Employee is able but does not exercise such employee’s seniority rights to secure another position that does not require a change in the employee’s primary place of residence, the Displaced Employee shall not be entitled to moving expenses or protections due to the sale of a home outlined in Sections 5(b)&(c).

30 6. Protections for Dismissed Employees.
(a) Dismissal Allowance. A Dismissed Employee shall be paid a monthly dismissal allowance from the date they are deprived of employment through the Protective Period. (i) Monthly Dismissal Allowance Calculatio n. The monthly dismissal allowance shall be equivalent to the Average Monthly Compensation received by the Dismissed Employee in the last twelve (12) months of employment prior to the employee’s dismissal. (ii) Submission of Claim. A claim for the initial m onth of a dismissal allowance shall be paid within ninety (90) days and a claim for a subsequent month shall be paid within sixty (60) days after the claim is filed by the Dismissed Employee, unless the claim is disputed by the Railroad pursuant to Section 8 of this Exhibit.
(iii) Reduction or Suspension of Dismissal Allowanc e. If a Dismissed Employee accepts new employment (or reemployment by the dismissing Railroad) during the Protective Period, the dismissal allowance shall be reduced such that the accepted monthly compensation at the then-current position (including any unemployment insurance compensation received) plus the dismissal allowance is equivalent to the Dismissed Employee’s Average Monthly Compensation. If the compensation of the Dismissed Employee’s then-current employment is greater than the dismissal allowance, the dismissal allowance shall be suspended. Such reduction or suspension shall continue for the duration of the Protective Period, unless and until the Dismissed Employee’s then-current compensation is reduced or eliminated. Prior to dismissal, such Dismissed Employee (or their representative) and the dismissing Railroad shall agree upon a procedure by which such Railroad shall be informed of the earnings and benefits of such Dismissed Employee in their new position of employment. (iv) Early Termination. The dismissal allowa nce shall cease prior to the expiration of the Protective Period in the event of the Dismissed Employee’s resignation, death, retirement, dismissal for justifiable cause under existing agreements, failure without good cause to return to service after being notified in accordance with an applicable working agreement, or failure without good cause to accept a comparable position that does not require a change of residence, for which the Dismissed Employee is qualified and eligible with the Railroad from which such employee was dismissed after being notified, if the employee’s return does not infringe upon employment rights of other employees under a working agreement. (b) Separation Allowance. A Dismissed Employee may, at such employee’s option, within seven (7) days of dismissal or an arbitration award establishing the employee’s status as a Dismissed Employee, resign and (in lieu of all other benefits and protections provided in this Exhibit) accept a lump sum payment computed in accordance with Section 9 of the Washington Job Protection Agreement of May 1936, as amended.
(c) Priority of Employment or Re-Employment. Any Protected Employee whose employment is terminated or who is furloughed as a result of a Project shall, if they so request, be granted priority of employment or re-employment to fill a position comparable to that which they held on the Railroad (even if in a different craft or class), so long as they are qualified, or by training or retraining can become physically and mentally qualified, for the position. However, such priority of

31 employment or re-employment must not be in contravention of any relevant collective bargaining agreements.
(i) Training or Re-Training. In the event such training or retraining is requested by a Protected Employee pursuant to Section 6(c), the Railroad shall provide such training or retraining at no cost to the Protected Employee.
(ii) Waiver of Protections. If a Protected Employee who has made a request under Section 6(c) fails without good cause within ten (10) days to accept an offer of a comparable position for which such employee has satisfactorily completed such training, the Protected Employee shall, upon the expiration of such ten (10) day period, forfeit all rights and benefits under this Exhibit.

7. Fringe Benefits. No Protected Employee shall be deprived during the Protective Period of any (non-salary) rights, privileges, or benefits attached to such employee’s previous employment under the terms and conditions of an existing employment agreement (including, but not limited to, free transportation, hospitalization, pensions, insurance, or vacation benefits), so long as such rights, privileges, or benefits continue to be accorded to other employees of the Railroad, in active service or on furlough as the case may be, to the extent that such rights, privileges, or benefits can be so maintained under present authority of law, corporate action, or through future authorization.

8. Arbitration of Disputes.
(a) Scope. Any dispute under these conditions not settled by the relevant parties will be resolved in arbitration as provided herein. In the event a Railroad and the Protected Employee(s) (or their representatives) cannot settle a dispute or controversy with respect to the interpretation, application, or enforcement of any provision of this Exhibit (other than those Sections of this Exhibit that provide for another means of dispute resolution) within thirty (30) days after the dispute arises, either party may refer the dispute to an arbitration committee. The affected Protected Employee(s) (or their representatives) may notify a Recipient of a dispute or controversy under this Section 8 to ensure compliance with 49 U.S.C. § 22905(c)(2)(B).
(b) Notice. The party referring the dispute to an arbitration committee shall notify the other party in writing of its intent to refer a dispute or controversy to an arbitration committee. (c) Selection of Members. Within ten (10) days of receipt of the written notice, each party to the arbitration shall select one (1) member of the committee, and the members thus chosen shall select an additional, neutral member to serve as chairman. If any party fails to select its member of the arbitration committee within the prescribed time limit, the general chairman of the involved labor organization or a senior officer designated by the Railroad or the Recipient, as the case may be, shall be deemed the selected member. Should the members be unable to agree upon the appointment of the neutral member within ten (10) days, the parties shall then within an additional ten (10) days agree to a method by which a neutral member shall be appointed; failing such agreement, either party may request the National Mediation Board to designate within twenty (20) days the neutral member whose designation will be binding upon the parties.
(d) Multiple Representatives. In the event a dispute involves more than one labor organization, each will be entitled to a representative on the arbitration committee, in which event the Railroad or Recipient may appoint additional representatives equivalent to the number of labor

32 organization representatives; provided, however, that the decision in such case shall be made by the neutral member.
(e) Decisions Binding. The decision, by majority vote except as provided otherwise in paragraph (d) of this Section, of the arbitration committee shall be final, binding, conclusive, and rendered within forty-five (45) days after the hearing of the dispute or controversy has been concluded and the record closed.
(f) Expenses. The salaries and expenses of the neutral member shall be borne equally by the parties to the proceeding, and all other expenses shall be paid by the party incurring them.

9. Classification of a Protected Employee. In the event an employee (or their representatives) cannot settle a dispute or controversy with the Railroad or the Recipient as to whether or not a particular employee would be affected by a Project, either party may refer the dispute to an arbitration committee within thirty (30) days after the dispute arises pursuant to the arbitration procedures in Section 8. For any such dispute, the employee of a Railroad shall have the burden to identify, with reasonable specificity, the Project that allegedly affected them, and to specify the pertinent facts of that Project, including the change or changes resulting from the Project that allegedly affected them. The burden shall then shift to the Railroad or Recipient to show that factors other than a change resulting from the Project affected the employee. The employee shall prevail on this issue if it is established that the Project had an effect upon the employee, even if other factors also may have affected the employee.

10. Resolution of Disputes for Non-Bargaining Unit Protected Employees. Any Protected Employee who is not represented by a labor organization shall be afforded substantially the same levels of protection as are afforded to members of labor organizations under this Exhibit. In the event any dispute arises between a Railroad and an employee not represented by a labor organization with respect to the interpretation, application, or enforcement of any provision of this Exhibit that cannot be settled by the parties within thirty (30) days after the dispute arises, either party may, as an alternative to the dispute resolution procedures outlined in this Exhibit, refer the dispute within ninety (90) days after the dispute arises to the Secretary of Labor for determination. The determination of the Secretary of Labor, or their designated representative, shall be final and binding on the parties.

11. Severability. In the event any provision of this Exhibit is held to be invalid or otherwise unenforceable under applicable law, the remaining provisions of this Exhibit shall not be affected.

33 EXHIBIT C: QUARTERLY PROJECT PROGRESS REPORTS AND RECERTIFICATIONS

Quarterly Project Progress Reports and Recertifications are available at:
https://railroads.dot.gov/grants-loans/fra-reports

CITY OF HANFORD
Department of Public Works
Focused On Our Community 24/7
900 South 10th Avenue • HANFORD, CA 93230-5234 • (559) 585-2550

This is an amendment to the Federal Project Agreement between TRC and the City of Hanford dated February 12, 2026, and therefore all work to be performed under this Work Order shall comply with all provisions of said agreement.

Work Order No. 1: Grant writing services for the FRA-RCE Grangeville Boulevard at BNSF Railway Grade Separation – Final Design Phase; and the CPUC SH190 Grade Separation Fund Nomination.

Work performed shall be paid in accordance with the hourly rates established in the fee schedule contained in the Professional Agreement for On Call Engineering Services attached as “Exhibit A”, but not to exceed $24,937.00 without an approved change order executed by the City of Hanford and TRC Engineers.

Scope of Work:

By:_____________________________ By:_____________________________ Frank Senteno Mark A. Imbriani, P.E
Utilities and Engineering Director President

By:_____________________________
Chris Tavarez
City Manager

Project # 26650000-823644

Exhibit "A"
2026_05_08_TRC_Scope Grants Prep 1

SCOPE OF SERVICES
Cost Estimate Update and CE Fund Nominations
For a
Future Grade Separated Railroad Crossing on Grangeville Blvd. at BNSF Railway Hanford, California

Work Plan
In accordance with Exhibit A of the Agreement, the City of Hanford (CITY) wishes to have TRC Engineers, Inc. (CONSULTANT) proceed with updating the cost estimate for the underpass grade separation alternative previously developed by CONSULTANT in the Feasibility Report dated November 2019 and updated in 2024. The CITY also wishes CONSULTANT to assist in the preparation of a Final Design Phase nomination for the FRA Crossing Elimination (CE) Fund as described in the 2026 FRA NOFO.

Note the FRA NOFO lists the program name as Railroad Crossing Elimination, Crossing Elimination, and Crossing Safety in various locations. It is understood that such titles may be used interchangeably herein.

This work plan (Exhibit A) has been developed such that the deliverables can be utilized in a future preliminary design phase of the project. The CITY understands that the CE funding will be very competitive, and that CONSULTANT can in no way guarantee that any funding will be awarded to the CITY as a result of CONSULTANT 's efforts hereunder. CITY further understands that early completion of work will increase the likelihood of success in acquiring such funding and will exercise all due diligence in expediting completion of this and subsequent project development work should it desire to maximize its chances of securing this funding.

The following is a description of work tasks that have been identified:

TASK 1 BASIC SERVICES
Task 1.A Update Engineer's Opinion of Probable Construction Cost CONSULTANT will update the previously prepared detailed cost estimate for both the underpass and overpass grade separation alternatives using Caltrans’ and locally bid recent cost data. The cost estimates will include escalated construction costs based on forecasted escalation rates and a construction year of 2031. Preliminary engineering and construction engineering costs will be provided as a percentage of the total construction cost.

Task 1.B CPUC Grade Separation Fund Nomination (Optional Task) CONSULTANT will prepare an application for nomination of the CITY's project to the PUC Grade Separation Fund Priority List. Certain exhibits for the nomination will be those developed for the previous nomination, with certain updated information provided by the CITY. The following subtasks will be performed:

Task 1.B.1 CONSULTANT will prepare a signature-ready cover letter. The CITY shall review Consultant's draft letter and provide input to the letter. An official empowered to commit the City shall execute the letter.

Exhibit "A"
2026_05_08_TRC_Scope Grants Prep 2
Task 1.B.2 CONSULTANT will prepare a nomination form GSN-1 in consultation with the CITY. The form shall be in the format of Appendix 4 of the PUC Guidelines (2027 version).

Task 1.B.3 CONSULTANT will update nomination exhibits in consultation with the CITY. These will include a location map, very brief project scope, project funding matrix, and photographs. SUBCONSULTANT Metro Traffic will conduct new traffic counts at the grade crossing to determine the number of train crossings, AADT, and blocking delay times. (Per the nomination requirements, the counts must have been performed within one year of the submittal deadline of October 2027).

Task 1.B.4 CONSULTANT will update the brief narrative that describes: 1) the scope and benefits of the PUC funding, 2) description of non-PUC funding, and 3) accident history.

It is expected that the CITY and air quality district will contribute to the preparation of the nomination.

Task 1.B.5 With the assistance of the CITY, CONSULTANT will update the Community Impact Evaluation supporting the benefits of the project. This will include a review of any applicable planning documents provided to CONSULTANT by CITY.

Task 1.B.6 CONSULTANT will assemble five copies of each nomination and provide to the CITY for signature and mailing to the PUC prior to the submittal deadline in October 2027.

Task 1.B.7 CONSULTANT will send one representative to attend the PUC public hearing in San Francisco on or around April 1, 2028.

Task 1.B.8 CONSULTANT will monitor the evaluation process, advise the CITY when the initial priority list is released, and discuss strategy with the CITY.

Task 1.C Crossing Elimination (CE) Fund Nomination
CONSULTANT will assist the CITY in preparing an application for the Final Design Phase of the CITY's project to the FRA’s CE Fund. Certain exhibits for the nomination will be those developed under Task 1.A., with certain updated information provided by the CITY. In general, the CITY will perform all application activities excepting those subtasks listed below to be performed by CONSULTANT. Subtask descriptions rely on those listed in Section 4 of the FRA-published Notice of Funding Opportunity for the Railroad Crossing Elimination (Crossing Safety) Program requirements:

Task 1.C.1 CONSULTANT will update technical language in the Project Narrative, including the FRA Cover Page, Project Summary, Funding Summary, Eligibility Criteria, and a Detailed Project Description and Grade Crossing Information.

CONSULTANT will not update nomination exhibits as the previously prepared location map, project funding matrix, and photographs will be revised.

Exhibit "A"
2026_05_08_TRC_Scope Grants Prep 3
Task 1.C.2 CONSULTANT will update the Statement of Work as defined in CE Section 4.VI.A, using the Attachment 2, Statement of Work from the 2024 RCE NOFO as a template.

Task 1.C.3 CONSULTANT will update the Project Schedule as defined in the 2024 RCE NOFO Section D.2.b.i, using the Attachment 3 as a template. The schedule will show major milestones.

Task 1.C.4 CONSULTANT will update the Project Budget portion of Federal From SF424C and SF424D, as defined in CE Section 4.III. The budget will show major phase estimates, not fees for every individual task to be performed.

Task 1.C.5 CONSULTANT will provide input to the Performance Measures prepared by the CITY, as defined in CE NOFO Section 4.VIII.iii, using the 2024 RCE NOFO Attachment 5 as a template. CONSULTANT work in this task is assumed to be minimal.

Task 1.C.6 CONSULTANT will attend weekly calls with the CITY to discuss progress and coordinate activities. It is assumed that 4 such 1-hour in duration virtual meetings will be held.

CITY'S DUTIES AND RESPONSIBILITIES
The CITY shall:

1. Provide all criteria and full information concerning their requirements for the project.

2. Provide any relevant planning documents.

3. Provide preliminary title reports for all parcels impacted by project.

4. Provide any available traffic data although CONSULTANT will obtain any such data that is not readily available, including a revised Traffic Study by Peters Engineering.

5. List of proposed funding sources.

6. Provide unit costs for R/W acquisition and TCEs.

7. Give prompt notice whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of Consultant's services.

8. At CITY 's discretion, authorize and direct CONSULTANT to provide necessary Supplemental and/or Additional Services.

SUPPLEMENTAL SERVICES
The CITY may request that CONSULTANT perform Supplemental Services. Both parties, prior to proceeding with any such services and upon mutual agreement to perform such services, shall execute a written amendment to this Agreement.

RIGHT TO RELY
Consistent with the professional standard of care, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation unless specifically required in the Scope of Services.

Exhibit "A"
2026_05_08_TRC_Scope Grants Prep 4

COMPENSATION
CONSULTANT’s fee for the Task 1 – Basic Services portion of the services described herein shall be as follows:

TASK DESCRIPTION FEE

1.A Update Engineer's Opinion of Probable Cost $6,040

1.B CPUC Grade Separation Fund Nomination OPTIONAL $ 0

1.C Assist with RCE Grant Nomination $17,700
All Expenses $ 1,197
Subconsultant: Metro Traffic Data OPTIONAL $ 0
Total Basic Services $24,937

Task 1.B is an optional service. This can be authorized by the City upon mutual agreement of an amendment or separate task order to add such work.

Date: Project: 08-May-26
Increase: 0.0% 10:16:43 AM
Sub administration: 0%
Expenses Subconsultants
Description Amount Name Amount
$0
Total Fee Estimate
$0
Expenses
Total
05/08/26
$0
$1,197
$24,937
$23,740
626803-2
Labor
Subconsultants
Misc.

CITY OF HANFORD

GRADE SEP COST UPDATES AND FUNDING NO

BASIC SERVICES
Metro Traffic Data

DESIGN FEE ESTIMATE WORKSHEET
TRC ENGINEERS, INC.

Travel
Subconsultant Markup 5%
Total
Airfare (round trips)
Mileage
Lodging
Per Diem
Car Rental
$0
$403
$400
$82
$0
$0
$125
Travel Subtotal
Other Direct Costs
Subconsultants Admin. Costs
ODC Subtotal
Total $1,197
$1,010
$187
$0
$187
626803 TRC Fee EST2026 Cost Update and Funding Nom 05082026626803,Expenses_Totals 5/8/2026

Date: 05/08/26 Project: Increase: 0.0%
Start Date: 5/11/2026 Sub admin: 0%
End Date: 10/25/2026

LABOR
Phase Phase Description Principal Senior Project Project Senior CADD CADD Desktop Total Total % # Proj Spec Manager Engineer Engineer Engineer Publisher Hours $ of Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours Hrs $ Total

1.A
Update Engineer's Opinion of Probable
Construction Cost 4 8 8 8 2 30 6040 30 6040 32%

1.B
CPUC Grade Separation Fund
Nomination
B.1 Cover Letter 0 0 0 0%
B.2 Nomination Form 0
B.3 Nomination Exhibits 0
B.4 Narrative 0
B.5 Community Impact Evaluation 0
B.6 Assemble and Mail Nomination 0
B.7 Attend CPUC Hearing 0
B.8 Monitor CPUC Approval 0

1.C CE Nomination 65 17700 68%
C.1 Project Narrative 10 2 4 4 4 24 4980
C.2 Statement of Work 10 2 1 13 3760
C.3 Project Schedule 8 8 2560
C.4 Project Budget 8 8 2560
C.5 Performance Measures 8 8 2560
C.6 Weekly Calls 4 4 1280
Totals Page 1 Hrs 0 Hrs 0 Hrs 52 Hrs 12 Hrs 8 Hrs 8 Hrs 0 Hrs 4 Hrs 4 Hrs 7 95 95 23740 100% Rate 320.0 Rate 240.0 Rate 320.0 Rate 230.0 Rate 180.0 Rate 160.0 Rate 170.0 Rate 130.0 Rate 100.0 Rate 100.0 Fee/Classification 0 0 16640 2760 1440 1280 0 520 400 700 23740 hours ok % of Total Hours/Classification 0% 0% 55% 13% 8% 8% 0% 4% 4% 7% 100% $ ok Phase
Subtotals
626803-2
AssistantSupervisor Technician
Admin/Eng

CITY OF HANFORD

GRADE SEP COST UPDATES AND FUNDING NOMS

BASIC SERVICES

DESIGN FEE ESTIMATE WORKSHEET

TRC ENGINEERS
2026
626803 TRC Fee EST2026 Cost Update and Funding Nom 05082026626803,Labor1 5/8/2026

TRC Engineers

FEE ESTIMATE WORKSHEET
Travel
From Sacramento
To San Francisco, Hanford
# of people 1
# of days 1 # of nights 3
# of trips 4
Rate # #
Airfare (round trips) x trips x people = $0.00
Mileage $0.560 x 360 miles x 2 trips = $403.20
Lodging $200.00 x 2 nights x 1 people = $400.00
Per Diem $41.00 x 2 days x 1 people = $82.00
Car rental x days x people = $0.00
Miscellaneous $25.00 x 5 units x 1 units = $125.00
Total Travel $1,010.20
ODC's
Rate #
Mail $0.60 x 2 pieces = $1.20
Overnight mail $18.00 x 4 pieces = $72.00
Copies $0.07 x 190 copies = $13.30
Prints (22x34) $2.50 x prints = $0.00
Vellums (22x34) $7.50 x prints = $0.00
Mylars (22x34) $15.00 x prints = $0.00
Miscellaneous $100.00 x 1 units = $100.00
Total ODC's $186.50
Total Travel and ODC's $1,196.70
626803 TRC Fee EST2026 Cost Update and Funding Nom 05082026626803,Expense Worksheet 5/8/2026

RESOLUTION 26-30-R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD STATING

THE CITY'S SUPPORT FOR THE COMPETITIVE GRANT UNDER THE FEDERAL

RAILROAD ADMINISTRATION RAILROAD CROSSING ELIMINATION

PROGRAM, FOR THE HIGHWAY-RAIL GRADE SEPARATION FINAL DESIGN

PHASE IMPROVEMENTS AT GRANGEVILLE BOULEVARD AND BN&SF
RAILWAY.

At a regular meeting of the City Council of the City of Hanford duly called and held on June 2, 2026, at 7:00 PM. in the Council Chambers of the Civic Auditorium, it was moved by Council Member ___________________, and seconded by Council Member ____________________, and duly carried, that the following resolution be adopted:

WHEREAS, the City of Hanford is bifurcated by the BNSF Railway Company tracks and there are 15 existing at-grade crossings that are frequently blocked by the approximately 42 freight and passenger (Amtrak) trains that pass through the center of the City on a daily basis; and

WHEREAS, there are no grade separated crossings of BNSF tracks within the City limits other than the State Highway 198 grade separation, which results in frequent traffic delays, prevents cross-City access, and has a detrimental impact on public safety, air quality, economic development, and emergency access to the hospital and public safety services in the community; and

WHEREAS, with the exception of the State Highway (SR) 198 crossing, there are 18 miles between grade separations in the City and Kings County and problems caused by the lack of crossings will only be exacerbated by significant future projected growth in the community; and

WHEREAS, in November 2019, the City Council adopted a Feasibility Report for the Grangeville Boulevard at BNSF Grade Separation which provided a detailed Planning Cost Estimate of $42,900,000 for a full grade separated underpass on Grangeville Boulevard; and

WHEREAS, The 2019 Feasibility Study was amended and the cost estimate updated in September 2024 to and estimated Construction cost of $55,300,000.

WHEREAS, on April 29, 2026, the City was awarded and funding was accepted for the FRA- RCE Project Development Phase in the amount of $1,656,000 (80% FRA share) with an additional $414,000 (20% City share) for a total Project Development Phase of $2,070,000;

WHEREAS, the City does not have adequate local funding to complete the next phase, Final Design Phase, for the project to make the area safer for both local residents and the Rail System; and

WHEREAS, the City Council of the City of Hanford has already received letters of support from the Kings County Association of Governments and California Senator Hurtado's office; and

WHEREAS, the City Council of the City of Hanford hereby renews its support for the Grangeville Boulevard at BN&SF Grade Separation project and reaffirms its commitment to pursuing necessary federal funding opportunities, including the FRA-Railroad Crossing Elimination Grant, to ensure the project
1 s successful completion.

Passed and adopted at a regular meeting of the City Council of the City of Hanford duly called and held on June 2, 2026, by the following vote:

AYES: ________________________________________________________________ NOES: ________________________________________________________________ ABSTAIN: ________________________________________________________________ ABSENT: ________________________________________________________________

_________________________________

MARK KAIRIS
MAYOR of the City of Hanford

Attest:

NATALIE CORRAL

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss

CITY OF HANFORD )

I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on ___________ day of ______________, 2026

Date: ______________ ____________________________ City Clerk

TRC Engineers, Inc.

C

ITY OF HANFORD

ARCHITECTURAL AND ENGINEERING SERVICES

CONSULTANT AGREEMENT

FOR FEDERAL PROJECTS
JANUARY 2026

City of Hanford
900 S. 10
th Avenue
Hanford, CA 93230

On Call Architecture and Engineering Consultant Services for FEDERAL Projects TRC Engineers, Inc.

City of Hanford
A&E Consultant Agreement

January 2026

ON-CALL A&E AGREEMENT FOR FEDERAL PROJECTS
(Exhibit 10R - For Local Assistance Federal-Aid Projects)

TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION ................................................................................................................ 4 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS ................................................................... 5 ARTICLE III STATEMENT OF WORK ................................................................................................. 5 ARTICLE IV PERFORMANCE PERIOD .............................................................................................. 8 ARTICLE V ALLOWABLE COSTS AND PAYMENTS ......................................................................... 8 ARTICLE VI TERMINATION ................................................................................................................ 11 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS ................................... 11 ARTICLE VIII RETENTION OF RECORD/AUDITS .............................................................................. 11 ARTICLE IX AUDIT REVIEW PROCEDURES ..................................................................................... 12 ARTICLE X SUBCONTRACTING ........................................................................................................ 13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ............................. 15 ARTICLE XII STATE PREVAILING WAGE RATES ............................................................................. 15 ARTICLE XIII CONFLICT OF INTEREST ............................................................................................ 18 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ........................ 19

ARTICLE XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING .......................................................................................................................................... 19 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE ................... 19 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION .................................................. 21

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION (SECTION LEFT BLANK) .................................................................................................................... 21 ARTICLE XIX INSURANCE ................................................................................................................. 21 ARTICLE XX FUNDING REQUIREMENTS .......................................................................................... 23 ARTICLE XXI CHANGE IN TERMS ..................................................................................................... 24

On Call Architecture and Engineering Consultant Services for FEDERAL Projects TRC Engineers, Inc.

City of Hanford
A&E Consultant Agreement

January 2026

ARTICLE XXII CONTINGENT FEE ...................................................................................................... 24 ARTICLE XXIII DISPUTES .................................................................................................................. 24 ARTICLE XXIV INSPECTION OF WORK ............................................................................................ 24 ARTICLE XXV SAFETY .......................................................................................................................24 ARTICLE XXVI OWNERSHIP OF DATA ............................................................................................. 25 ARTICLE XXVII CLAIMS FILED BY CITY’s CONSTRUCTION CONTRACTOR ................................. 25 ARTICLE XXVIII CONFIDENTIALITY OF DATA ................................................................................. 26 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION ..................................... 26 ARTICLE XXX EVALUATION OF CONSULTANT .............................................................................. 26 ARTICLE XXXI PROMPT PAYMENT .................................................................................................. 26 ARTICLE XXXII TITLE VI ASSURANCES ........................................................................................... 27 ARTICLE XXXIII NOTIFICATION ........................................................................................................ 29 ARTICLE XXXIV CONTRACT ............................................................................................................. 30 ARTICLE XXXV SIGNATURES ........................................................................................................... 30

ATTACHMENT A – Proposal
ATTACHMENT B – Approved Consultant’s Fee Schedule
ATTACHMENT C – Annual Certification of Indirect Costs and Financial Management System (10-K) ATTACHMENT D – Federal Forms

This contract is specifically for Federal Funded Projects. See the separate contract agreement with TRC Engineers for Local Funded projects.

January 2026
On Call Architecture and Engineering Consultant Services for FEDERAL Projects TRC Engineers, Inc.

City of Hanford
A&E Consultant Agreement

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, CITY:

The name of the “CONSULTANT” is as follows:

TRC Engineers, Inc

Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be Mark Imbriani

The name of the “CITY” is as follows:

City of Hanford

The Contract Administrator for CITY will be the City Engineer and/or its assignees.

B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (January 2026). The approved CONSULTANT’s Proposal (Attachment A) and CONSULTANTS Cost Proposal Fee Schedule (Attachment B) is attached hereto and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent allowable by law, to indemnify, protect, defend, and hold harmless the City and its officers, officials, , and employees from and against any and all claims, damages, demands, liability, costs, losses and expenses, direct or indirect, including without limitation, any and all reasonable attorneys’ and expert witness fees, and any other expenses which the City or its officials, officers, employees, may sustain or incur as a consequence of Consultants or its owners, dir ectors, officers, managers, employees, agents or subconsultants arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident under the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the negligence, or willful misconduct of the City or its officials, officers, employees,., as determined by a Court of competent jurisdiction. Notwithstanding anything to the contrary in this Agreement, Company and Contractor waive any and all claims against each other for incidental, consequential, special, multiple, and punitive damages arising out of or relating to this Agreement, regardless of whether such damages were foreseeable and whether or not the culpable Party was advised of the possibility of such damages. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer -employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. CITY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel.

CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the CITY as to the designation of tasks to be performed and the results to be accomplished.

January 2026
On Call Architecture and Engineering Consultant Services for FEDERAL Projects TRC Engineers, Inc.

City of Hanford
A&E Consultant Agreement

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, excepting as provided in its Proposal, without the prior written approval of the CITY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the CITY.

H. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

K. CONSULTANT shall perform its Services in a manner consistent with the degree of professional skill and care and diligence normally exercised by similar professionals on projects of similar scope, nature and complexity in line with industry standards and practice and in accordance with generally accepted engineering, environmental, and/or construction practices in effect at the time the Services are rendered (“Standard of Care”).

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the CITY’s Contract Administrator to determine if CONSULTANT is performing to expectations or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with CITY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
Consistent with and subject to the Standard of Care, t he CONSULTANT shall perform professional engineering service, in accordance with all the provisions of this agreement. The Scope of Work for each project will be determined by the CITY Engineer. The project scope will be incorporated into a streamlined (mini) RFP and will be sent to the pre- qualified selected CONSULTANTS under agreement for State and Federal Aid projects. The CONSULTANT shall submit their project specific proposal to the CITY within the required timeframe, and the CITY shall select the top proposal u sing Qualifications Based Selection. Upon selection, the CITY will negotiate the cost based on the agreement labor price agreement and current Fee Schedule. A work order will be assigned for each project after CONSULTANT determines an estimated cost for producing all necessary plans and documents to satisfy the Scope of Work. The CONSULTANT shall correct any and all errors and/or

January 2026
On Call Architecture and Engineering Consultant Services for FEDERAL Projects TRC Engineers, Inc.

City of Hanford
A&E Consultant Agreement

omissions in the performance of the Services and any documents resulting therefrom even though CITY has accepted said Services or documents. CONSULTANT shall make such corrections upon CITY’s request and at no cost or expense to the CITY.

ENVIRONMENTAL COMPLIANCE. This AGREEMENT provides for CONSULTANT environmental services that result in CEQA or NEPA approval. Federal funded projects require NEPA clearance in addition to CEQA. NEPA Environmental documents are not considered complete until a Caltrans Official signs the Categorical Exclusion (CE), the Finding of No Significant Impact (FONSI), or the Record of Decision.

RIGHT OF WAY. This AGREEMENT provides for CONSULTANT Right of Way services. Existing and proposed Right of Way requirements are to be determined and shown by the CONSULTANT.

Land surveys and computations with metes and bounds descriptions shall be made by a California Licensed Land Surveyor. Projects shall be tied into recorded monumentation and benchmarks. A benchmark map with record elevation data is available from the City. Services shall include preparation of Appraisal Map, Acquisition Maps, and Legal Descriptions used to acquire right of way or property.

SURVEYS. This AGREEMENT provides for CONSULTANT licensed surveying services for preliminary surveying, topographic surveys, monumentation mapping, construction staking, and monument setting and recording of corner records. Work under this service shall be performed or as directed by a California Licensed Land Surveyor.

SUBSURFACE INVESTIGATIONS. This AGREEMENT provides for CONSULTANT Sub- Surface Investigations as directed by the CITY for Environmental testing, topographic mapping, boring, construction staking, and other specialized sub surface investigation services, either by the CONSULTANT, or under the direction of the CONSULTANT, as determined in the Scope of Work of the assigned Work Order.

CONSTRUCTION MANAGEMENT. This AGREEMENT does NOT provide for a CONSULTANT in a Management role.

DESIGN PLANS, SPECIFICATIONS, AND ESTIMATES. This AGREEMENT provides for CONSULTANT Design Plans, Specifications, and Estimates as directed by the CITY and performed either by the CONSULTANT, or under the supervision of the CONSULTANT, as determined in the Scope of Work of the assigned Work Order. Design work shall meet City Standards.

ARCHITECTURAL AND STRUCTURAL ENGINEERING . This AGREEMENT provides for CONSULTANT Architectural and Structural Engineering as directed by the CITY and performed either by the CONSULTANT, or under the direction of the CONSULTANT, for structural design and analysis as determined in the Scope of Work of the assigned Work Order. All Architectural and Structural Engineering shall by performed by a Licensed Structural Engineer and shall meet all City and State Standards.

TRAFFIC ENGINEERING AND TRAFFIC SIGNAL DESIGN. This AGREEMENT provides for CONSULTANT Traffic Engineering and Traffic Signal Design as directed by the CITY and performed either by the CONSULTANT, or under the supervision of the CONSULTANT, for traffic engineering and traffic signal design as determined in the Scope of Work of the assigned Work Order. All Traffic Engineering shall by performed by a licensed Professional Engineer and shall meet all City and State Standards.

MAPPING, INCLUDING GIS AND GPS. This AGREEMENT provides for CONSULTANT Mapping, including GIS and GPS, as directed by the CITY and performed either by the CONSULTANT, or under

January 2026
On Call Architecture and Engineering Consultant Services for FEDERAL Projects TRC Engineers, Inc.

City of Hanford
A&E Consultant Agreement

the supervision of the CONSULTANT, for mapping as determined in the Scope of Work of the assigned Work Order.

RAILROAD PERMITTING AND COORDINATION. This AGREEMENT provides for CONSULTANT Railroad Permitting and Coordination as directed by the CITY and performed either by the CONSULTANT, or under the supervision of the CONSULTANT, for railroad permitting and coordination as determined in the Scope of Work of the assigned Work Order.

UTILITY PERMITTING AND COORDINATION. This AGREEMENT provides for CONSULTANT Utility Permitting and Coordination as directed by the CITY and performed either by the CONSULTANT, or under the supervision of the CONSULTANT, for utility permitting and coordination as determined in the Scope of Work of the assigned Work Order.

CONFERENCES, SITE VISITS, AND INSPECTION OF WORK. This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the CITY, County, State, and/or FHWA. Costs incurred by CONSULTANT for meetings subsequent to the initial meeting shall be included in the fee.

CHECKING SHOP DRAWINGS. This AGREEMENT provides for the CONSULTANT to provide plan checking of shop drawings and contract documents. Payment for checking of drawings by CONSULTANT shall be paid at the hourly rate per the attached Fee Schedule. The total compensation paid to the CONSULTANT for all services in this agreement shall not exceed the maximum contract amount stated in Article V, Section P.

CONSULTANT SERVICES DURING CONSTRUCTION. This AGREEMENT provides for CONSULTANT services during the course of construction, including resident engineering, construction surveys and construction staking. Payment for services shall be paid at the rates stated in the attached Fee Schedule and shall not exceed the Work Order fee stated without an approved Change Order.

DOCUMENTATION AND SCHEDULES. This AGREEMENT provides for the CONSULTANT to document the results of the work to the satisfaction of CITY, and if applicable, to the State and FHWA.

This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the Work Order objectives. All final construction documents shall be stamped and wet signed when completed.

B. City Obligations
Data applicable to the Work Order Scope of Work shall be made available to the CONSULTANT at the time of Work Order Execution. Data may include maps, plans, documents, and records that are in the possession of the CITY. Additional items to be made available to the CONSULTANT shall be noted specifically on the Work Order.

C. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the CITY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings subsequent to the initial meeting shall be included in the fee.

D. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction such as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

E. Documentation and Schedules
AGREEMENTs, where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of CITY, and if applicable, the State and FHWA. This may include

January 2026
On Call Architecture and Engineering Consultant Services for FEDERAL Projects TRC Engineers, Inc.

City of Hanford
A&E Consultant Agreement

preparation of progress and final reports, and estimates, or similar evidence of attainment of the AGREEMENT objectives.

F. Deliverables and Number of Copies
The number of copies or documents to be furnished with each submittal, such as reports, brochures, sets of plans, specifications, maps, etc., shall be two (2) copies minimum unless otherwise specified in the work order or as may be required for City Permitting. Final plans and maps shall be plotted on 20# vellum or on plastic film mylar and shall have stamp and original wet signatures. Electronic copies of the final project plans, specifications, and estimates (contract documents) shall be provided to the city in both PDF and original format as applicable. (AutoCAD, Excel, Word, etc.).

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on (January 2026), contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by CITY’S Contract Administrator. The AGREEMENT shall end on (January 2029), unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.

C. The period of performance for each specific project shall be in accordance with the Work Order for that project. If work on a Work Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the Work Order in progress only. In no case shall the maximum term of this AGREEMENT exceed five (5) years.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS

A. PAYMENT. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s attached approved Consultants Fee Schedule (Attachment B), subject to Prevailing Wage Requirements which are available at the office of the City Engineer. An estimate for cost of services for each project shall be submitted to the City Engineer before commencement of work. Payment by CITY under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the CITY at the time of payment. An increase in the fee schedule for non- prevailing wage classifications will be allowed at the beginning of Year 2 (two) of this agreement and shall be made a part of an AGREEMENT extension, if said agreement is extended for a period. The CONSULTANT must notify the CITY thirty (30) days in advance of such increases. The CONSULTANT is limited to two (2) price increases during the three years contract period, and one increase per year for each year the contract is extended. An increase in fee schedule for prevailing wage classifications shall be allowed when the Prevailing Wage for said wage determination increases. The services included in this agreement shall increase by the same amount approved for increase by the Department of Industrial Relations. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within sixty (60) days upon receipt by CITY’S Contract Administrator of itemized invoices in duplicate.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

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C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

D. DIRECT COSTS. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Work Order.

E. WORK ORDERS. Specific projects will be assigned to CONSULTANT after approval of the proposal for each specific project through the issuance of Work Orders. Work Orders shall be number consecutively for each specific project.

F. DRAFT WORK ORDERS. After a project to be performed under this AGREEMENT is identified by CITY, CITY will prepare a draft Work Order with Scope of Work; less the cost estimate. A draft Work Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a CITY Project Coordinator. The draft Work Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Work Order within ten (10) calendar days along with a Cost Estimate for requested services, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and the total dollar amount. After agreement has been reached on the negotiable items and total cost; a finalized Work Order shall be signed by both CITY and CONSULTANT.

G. NOT TO EXCEED COMPENSATION. Work Orders may be negotiated for specific rates of compensation Not to Exceed amount, of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.

H. CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT. Work Orders that are approved as “Flat Fee” must have any prevailing wage increase built into the cost proposal, and the CONSULTANT must pay the required prevailing wage rates to workers. Work Orders that are approved as “Time and Materials, Not to Exceed” will require prevailing wage rates be paid to workers, and the total amount “Not to Exceed” will be increased to accommodate said increases in the amount approved by the DIR.

I. STATE RATE REIMBURSEMENTS. Reimbursement for transportation and subsistence costs shall not exceed State rates. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.

K. CHANGE ORDERS. When milestone cost estimates or not to exceed estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment Change Order for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

L. MONTHLY PAYMENTS. Progress payments for each Work Order will be made monthly in arrears based on services provided and actual costs incurred.

M. NOTICE TO PROCEED. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by CITY and notification to proceed has been issued by CITY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT, or for work done on a project Work Order prior to the City’s

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issuance of a Notice to Proceed (NTP).

N. EXECUTED WORK ORDERS. A Work Order is of no force or effect until returned to CITY and signed by an authorized representative of CITY. No expenditures are authorized on a project and work shall not commence until a Work Order for that project has been executed by CITY.

O. INVOICES. CONSULTANT will be reimbursed within thirty (30) days upon receipt by CITY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Work Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Work Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, the project title and the Work Order number. Credits due CITY that includes any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT.

Invoices shall be mailed to CITY’s Contract Administrator at the following address:

City of Hanford
Attn.: Finance Dept., Accounts Payable
315 N. Douty Street
Hanford CA 93230

Or may be submitted electronically to: [email protected] A copy of the invoices shall additionally be sent to the city project manager.

P. PERIOD OF PERFORMANCE FOR WORK ORDERS. The period of performance for Work Orders shall be in accordance with dates specified in each individual Work Order. No Work Order will be written which extends beyond the expiration date of this AGREEMENT.

Q. AMOUNT PAYABLE FOR WORK ORDER. The total amount payable by CITY for an individual Work Order shall not exceed the amount agreed to in the Work Order, unless authorized by amendment Change Order.

R. PAYMENT FOR DELIVERABLES. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Work Order, no payment will be made until the deliverable has been satisfactorily completed.

S. AMENDMENT TO AGREEMENT. Work Orders may not be used to amend the language (or the terms) of this AGREEMENT, nor to exceed the scope of work under this AGREEMENT.

T. AGREEMENT MAXIMIM PAYMENT. The total amount payable by CITY for all Work Orders resulting from this AGREEMENT shall not exceed $999,999.00 for the total three-year agreement.

It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Work Orders.

U. EXTRA WORK. At any time during the term of this Agreement, CITY may request that CONSULTANT 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 Services, but which the parties did not include in the Scope of Work. Extra work will be performed on an hourly basis under the CONSULTANT’s most current hourly fee schedule. CONSULTANT shall not perform, nor be compensated for Extra Work without written authorization from CITY.

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ARTICLE VI TERMINATION

A. This AGREEMENT may be terminated by CITY, provided that CITY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. If the termination is for breach, CONSULTANT shall have seven (7) calendar days from receipt of the termination notice to commence to cure such breach, diligently pursue such cure, and complete the cure within a reasonable time following written notice and demand from CITY, that does not exceed fifteen (15) calendar days. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. CITY may temporarily suspend this AGREEMENT, at no additional cost to CITY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If CITY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination provided for in subsection A of this section.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of this AGREEMENT by CONSULTANT, and CITY may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due CITY from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT, except as provided in Section 11C. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 15, Property of CITY.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS

Consulting Architectural & Engineering (A&E) firms providing engineering and design related services under a contract funded by a federal grant, are required by regulation (as specified in 2 CFR Part 200) to account for and bill costs in accordance with the Federal Cost Principles of 48 CFR 31. In efforts to comply with the Federal Cost Principles, A&E consulting firms that provide services on federal-aid highway projects are required to develop indirect cost rates in accordance with the Federal Cost Principles on an annual basis.

A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to CITY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records,

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Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition, CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. Notwithstanding anything to the contrary in this AGREEMENT or the broadness of LOCAL AGENCY’S inspection and audit rights, it is understood and agreed that LOCAL AGENCY shall not be entitled to CONSULTANT’S proprietary information except as reasonably necessary for LOCAL AGENCY to be able to effectively audit CONSULTANT’S performance and/or charges hereunder.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT except if such dispute is due to non-payment of invoices.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review, it is CONSULTANT’s responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the

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audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the CITY and any Subconsultants, and no sub agreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the CITY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent

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obligation from the CITY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the CITY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any sub agreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY.

E. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The CITY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The CITY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

Method 1: No retainage will be held by the CITY from progress payments due to CONSULTANT.

CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants.

Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non- DBE subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment

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by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES

A. Prior authorization in writing by CITY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

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D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.

c. The public shall not be given access to certified payroll records by the CONSULTANT.

The CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such

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penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

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5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the CITY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the sub agreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.

B. CONSULTANT certifies, to the best of its knowledge, information, and belief, that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or

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business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR

LOBBYING

A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny

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the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

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ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION

THIS SECTION AND ALL REFERNCE TO DBE IS DELETED

ARTICLE XIX INSURANCE

A. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies.

1. Workers Compensation Coverage. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury or disease.

2. General Liability Coverage. Insurance Services Office (ISO) Form CG 0001, including products and completed operations, with limits of no less than TWO MILLION AND NO/100 DOLLARS ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be FOUR MILLION AND NO/100 DOLLARS ($4,000,000), twice the required occurrence limit.

3. Automobile Liability Coverage. ISO Form Number CA 0001 covering any auto (Code 1), with a limit no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury and property damage.

4. Professional Liability Coverage. Contractor will maintain Professional Liability coverage with limits no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per occurrence or claim, and TWO MILLION AND NO/100 DOLLARS ($2,000,000) policy aggregate.

B. If Consultant maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by Consultant.

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C. Consultant’s insurance policies shall be “occurrence” policies and not “claims-made” coverage except for Professional Liability Coverage.

D. Consultant may maintain an Umbrella policy in conjunction with the insurance policies referenced above. In such case, Consultant shall be deemed to have satisfied the insurance requirements of this contract as long as: (i) the coverage limits of the Umbrella policy and of the underlying liability policy(ies), when combined, satisfy each of the per occurrence and aggregate requirements identified in this subsection a.; and (ii) coverage under the Umbrella policy is as broad as and includes all incidents and events covered by the underlying insurance that it supplements.

E. Any deductibles or self-insured retentions must be declared to and approved by the CITY.

F. Any sub-consultants or sub-contractors performing work on this agreement must provide the same insurance amounts and provisions to the CITY prior to being approved for work on this agreement.

G. The Certificate of Insurance will provide:

1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to CITY.

2. That CITY, its officers, employees, are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.

3. That CITY will not be responsible for any premiums or assessments on the policy.

H. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of CITY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, CITY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

1. For any claims related to this contract, Consultant’s insurance coverage, with the exception of Workers Compensation and Professional Liability Insurance, shall be primary insurance as respect to the City and its officers, officials, and employees. Any insurance or self-insurance maintained by the City and/or its officers, officials, or employees shall be in excess of Consultant’s insurance and shall be non-contributory.

2. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

3. These policies of insurance shall be considered primary insurance as respects the City, its elected or appointed officers, officials, and employees, with the exception of Worders Compensation and Professional Liability Insurance. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with the policies of insurance obtained by Consultant.

4. With the exception of Workers Compensation and Professional Liability Insurance, these policies of insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

5. Excepting for Professional Liability, the insurer shall agree to waive all rights of subrogation against City, its officials, officers, and employees for losses arising from work performed by Consultant for City.

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6. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, or employees.

7. The insurance provided by these policies shall not be canceled except after thirty (30) days’ written notice has been received by the City. The Consultant or its insurance agent shall, to the extent feasible, notify the City in writing thirty (30) days prior to the date on which any insurance policy required hereunder will be suspended, voided, modified, or reduced. If such thirty (30) day prior notice is not feasible, notice will be promptly provided to the City upon Consultant’s knowledge that a noticeable event will or has occurred.

G. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII and which are authorized to write business in California.

H. Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language a ffecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require redacted copies of Declaration Pages for all required insurance policies, including endorsements required by these specifications, at any time. All forms and endorsements , excepting Workers Compensation and Professional Liability policies, are to list the City of Hanford as additional insureds.

I. Consultant hereby grants to CITY and its officers, officials, and employees a waiver of any right to subrogation, excepting Professional Liability, which any insurer of Consultant may acquire against the CITY and/or its officers, officials, employees, and volunteers by virtue of the payment of any loss under such insurance. Consultant agrees to obtain endorsements necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.

J. The CITY reserves the right to modify the insurance requirements contained in this contract, including, without limitation, coverage limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and CONSULTANT shall be re-imbursed for any increase in premiums.

K. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to CITY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. CITY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by

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mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by CITY’s Contract Administrator, which such approval shall not be unreasonably withheld.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of CITY’s Contract Administrator and Department Head, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, except if such dispute is due to non-payment of invoices, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall

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wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, upon payment therefore, and CONSULTANT shall have no property right there in whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services, and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal- aid contracts).

E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY CITY’s CONSTRUCTION CONTRACTOR A. If claims are filed by CITY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with CITY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from CITY.

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being

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paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with CITY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY’s operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or CITY’s actions on the same, except to CITY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by CITY, and receipt of CITY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM CITY TO CONSULTANT
The CITY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the CITY fails to pay promptly, the CITY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the CITY shall act in accordance with both of the following:
(1) The CITY shall review each payment request as soon as feasible after receiving receipt to verify it is a proper payment request.

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(2) The CITY must return any payment request deemed improper by the CITY to the CONSULTANT as soon as feasible, but not later than seven (7) days after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the CITY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The CITY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The CITY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A and E of the TITLE VI ASSURANCES

APPENDIX A

During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.

b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or

January 2026
On Call Architecture and Engineering Consultant Services for FEDERAL Projects TRC Engineers, Inc.

City of Hanford
A&E Consultant Agreement

FHWA as appropriate and shall set forth what efforts CONSULTANT has made to obtain the information.

e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or

ii. cancellation, termination or suspension of the Agreement, in whole or in part.

f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

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

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients,

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sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:

TRC Engineers, Inc.

Mark A. Imbriani, PE, Project Manager
10680 White Rock Roade, Ste. 100
Rancho Cordova, CA 95670

CITY:

City of Hanford

Lisa Dock, PE , Contract Administrator

900 S. 10th Avenue
Hanford, CA 93230

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City of Hanford
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ATTACHMENT “A”
Consultants’ Proposal for On-Call Contract

On-Call Architectural and
Engineering Consultant Services
September 12, 2024
Submitted By

STATEMENT OF

QUALIFICATIONS

ON-CALL ARCHITECTURAL AND ENGINEERING CONSULTANT SERVICES

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TABLE OF CONTENTS

A. INTRODUCTORY LETTER 2
Signed Addendums No. 1 and No. 2 4
B. EXECUTIVE SUMMARY 7
C. TRC’S INFORMATION, QUALIFICATIONS, AND EXPERIENCE 12 D. ORGANIZATION AND APPROACH 20
D.1. Roles and Organization of the Team 20
D.2. Project and Management Approach 23
D.3. Roles of TRC’s Key Staff 29
E. SCOPE OF WORK 32
E.1. Detailed Scope of Work Statement 32
E.2. Typical Tasks and Deliverables 34
E.3. Cost Control and Budgeting Methodology 35
F. CONFLICT OF INTEREST STATEMENT 36
G. LITIGATION 37
H. CONTRACT AGREEMENT 38
I. FEDERAL AID PROVISIONS 47

APPENDIX

TRC AND SUBCONSULTANTS KEY STAFF RESUMES

Selected Projects Completed by TRC. Blue Box Indicates City of Hanford / TRC project.

A.

INTRODUCTORY
LETTER

ON-CALL ARCHITECTURAL AND ENGINEERING CONSULTANT SERVICES

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A. INTRODUCTORY LETTER

September 12, 2024
Attn: Mr. Lisa Dock, City Engineer
City of Hanford
Utilities and Engineering Department
900 S. 10th Avenue
Hanford, CA 93230
Subject: Statement of Qualifications (SOQ) for On-Call
Architectural and Engineering Consultant Services
Dear Ms. Dock and Consultant Selection Panel Members:

As a part of the City of Hanford’s commitment to provide their community with essential improvement projects, a Request for Qualifications (RFQ) was issued for professional engineering design services on an on-call basis. TRC has reviewed the RFQ and, relying on the resources of our well-qualified and experienced team, is eager to support the City and can provide the following services:
➢ Civil / Roadway Design
➢ Structures Design
➢ Railroad Design and Coordination
➢ Environmental
➢ Surveying
➢ Street Lighting and Electrical
➢ Landscape Architecture
➢ Funding Assistance

Creative and cost-effective professional solutions to get the job done, all in collaboration with you, our client.

As engineers for numerous Caltrans and local agency transportation projects, we have developed an understanding of the issues that will be of importance to you on your projects. Based on our extensive experience serving clients on these types of projects, we believe that the following are among the criteria that you have established in selecting a team to perform the work:
✓ A firm that understands City engineering and typical transportation projects undertaken by cities. ✓ A firm that has successfully assisted clients secure funding under the various ongoing and new Federal and State grant opportunities.
✓ A firm that has been involved in a number of projects that required tight timelines to meet mandated funding deadlines.
✓ A firm that understands the Caltrans Local Assistance Procedures and Program Guidelines Manuals, including both procedural and funding requirements, and the MUTCD and AASHTO Green Book design standards. ✓ An experienced team with highly qualified and experienced personnel in all disciplines. ✓ A team that has demonstrated superior performance for local agencies on similar on-call projects.

In addition to the 13th and Grangeville Intersection, grade separation funding nomination preparation, and the Grangeville Blvd. Railroad Grade Separation work we have performed for the City of Hanford, we have designed award-winning projects for many local clients, including the City of Visalia, City of Tulare, City of Porterville, Fresno County and Tulare County.

FIRM AND CONTACT INFORMATION
TRC Engineers, Inc. (TRC)
10680 White Rock Road, Suite 100
Rancho Cordova, CA 95670
DIR Registration No. 1000019493
Mark A. Imbriani, PE
Contract Manager / Vice President
(916) 287-0841 Direct
[email protected]

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✓ A team that has worked effectively and proactively with other local agencies. ✓ A team that has redundancy and staff availability and will commit the resources necessary to complete the work within your schedule and budget.

Dedicated professionals committed to your success. Our references attest to the attention TRC pays to our clients’ projects and to the high level of service you will receive.

Our team members have major and varied engineering design experience, and proven records in the design and preparation of contract documents for street, highway, bridge, and structure projects. This includes the preparation of studies, preliminary and final design, plans, specifications, and estimates, as well as construction administration for projects throughout California. We ask you to select the TRC team to perform this work because we will best satisfy your goals for these projects. We feel that these goals include:
✓ Public acceptance of your projects.
✓ Completing the projects on schedule and within budget. ✓ Minimizing the City’s financial contributions to the projects by securing grants. ✓ Satisfying Caltrans requirements and expediting their approval, if applicable. ✓ Minimizing traffic disruptions during construction.
✓ Compatibility with the environment and “bullet-proof” environmental clearance documents / permits.

Experts in their field. As an example, our demonstrated success in helping agencies acquire funding.

TRC’s value to the City of Hanford stems from our ability to bring the best people, practices, and lessons learned from 55 years of experience providing engineering, construction management, environmental review and compliance, community engagement and outreach, and funding administration and grant writing services for a wide range of transportation improvements. We bring the right resources to provide the services and qualified staff to meet the City’s needs and offer value-added services to be a true partner to you. We have the capabilities and experience to creatively bring your needed infrastructure improvements to realization.

Authorized Individual to Bind TRC and our Experienced Project Managers.

As an officer of TRC, my signature below affirms that I am authorized to legally bind TRC to the terms of the proposal and any contract awarded. Justina Conklin, PE, will be our Civil Project Manager and Mark Christensen, PE will be our
Structures Project Manager.

Selecting the TRC team will provide the City with all the benefits of our extensive civil and structures design project experience, our commitment to projects, and our successful, award-winning performance. We look forward to serving the City of Hanford once again. Should you have any questions during your evaluation of our proposal, please contact us.

Sincerely,
TRC ENGINEERS, INC.

Mark A. Imbriani, PE, Vice President / Contract Manager Addendums 1, 2 and 3 received. Signed copies of 1 and 2 follow this letter.

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ON-CALL ARCHITECTURAL AND ENGINEERING CONSULTANT SERVICES

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ON-CALL ARCHITECTURAL AND ENGINEERING CONSULTANT SERVICES

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B.

EXECUTIVE

SUMMARY

ON-CALL ARCHITECTURAL AND ENGINEERING CONSULTANT SERVICES

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B. EXECUTIVE SUMMARY

FIRM OVERVIEW
Founded in 1969, TRC is a global consulting, engineering, and construction management firm and has emerged as one of the nation's leading professional services firms. Despite our size, we have retained the “local company” model of serving our clients, and continue to focus on partnership with, and commitment to, our hometown communities.

TRC has qualified broad-based experience acquired through successful performance on multiple projects for cities and counties throughout northern and central California. The map below shows the locations of the numerous local agency transportation projects that our staff has completed for clients all over the State of California. These projects are all federally, State, Sales Tax Authority, and/or locally funded projects.

Various funding programs utilized include: HBP, Tax Measures, HSIP, STIP, ATP, LSSRP, ER, PUC Grade Separation Funds, Economic Development Grants, and Public Art Funds. Work on these projects included completion of CEQA / NEPA environmental reviews, preliminary engineering, and final design. In addition to preparing quality planning documents, PSRs, PRs, PS&Es and complete deliverables, our extensive knowledge of the numerous Federal and State program and funding requirements allows us to provide an added benefit to our clients.

TRC LOCAL AGENCY EXPERIENCE
Each blue dot on the map represents an
agency, not just a project, many for
which TRC Staff Members have
performed multiple projects in the past.

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SHORT-TERM AND LONG-TERM GOALS
TRC’s vision is that we will solve the challenges of making the Earth a better place to live – community by community and project by project. TRC’s mission is to understand our clients’ goals and embrace them as our own, applying creativity, experience, integrity and dedication to deliver superior solutions to the world’s energy, environment and infrastructure challenges. At TRC we commit to these values to guide our decisions and our behaviors:
▪ Safety: We create a working environment that promotes safe performance. ▪ Quality: We always strive for excellence in the services we provide and in the results we produce for our clients.
▪ Integrity: We are committed to the highest ethical standards. ▪ Creativity: We believe in looking at challenges and opportunities from new angles and in exercising our curiosity.
▪ Accountability: We take responsibility for all of our decisions and actions. ▪ Passion: We deliver superior results because we care deeply about what we do. ▪ Teamwork: We work together to succeed.

TRC’S SERVICES
Many of our service agreements have been for “on-call” or “as-needed” lists like the one you are developing.

These types of agreements require us to be ready to act swiftly and professionally on your behalf. This is done by quickly identifying the correct scope of services to meet your needs and assembling the best resources to get the work done. TRC has considerable experience and success with this type of work. Details on TRC’s approach related to providing on-call services is included in Section E Scope of Work.

TRC's extensive experience with on -call services contracts provide s the City with a consultant partner who is familiar with the process and can respond to your needs. A few of our On -call contracts that are completed or ongoing are listed below:

➢ City of San Luis Obispo On-Call Civil & Traffic
Engineering Services
➢ City of Elk Grove A&E Services
➢ Sacramento County On-Call Transportation
Design Services
➢ Monterey County On-Call Bridge Design
➢ Monterey County On-Call Civil Design
➢ City of West Sacramento On-Call Civil Design,
Environmental, and Construction Management
➢ Fresno County On-Call Engineering Services

➢ San Benito County On-Call Engineering
➢ Sonoma County On-Call Design Engineering
➢ Sonoma County On-Call FEMA Emergency
Repair
➢ City of Hollister On-Call Engineering
➢ City of South San Francisco On-Call Structures
➢ City of Elk Grove On-Call Construction
Management
➢ Caltrans Districts 1, 2, 3, 5, 6, 8, and 10 On-
Call Project Management

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Our Engineering Services span multiple categories including the following:

KNOWLEDGE OF THE FUNDING PROGRAMS
TRC has extensive experience working on state and local projects using various federal and State funding programs listed in the Local Assistance Program Guidelines Manual (LAPG), as well as new grant opportunities in the Infrastructure Investment and Jobs act (IIJA). We have assisted local agencies to obtain such funding by completing the necessary Caltrans paperwork and supporting documents. We have also worked with Caltrans Civil Engineering Services Expertise Structures Engineering Services Expertise

✪ Civil & Roadway Design
▪ Local Streets and Roads Design
▪ Stage Construction / Traffic Handling Plans
▪ Rock Slope Protection / Gabion Systems
▪ Preliminary and Final PS&E and Contract
Documents
▪ ADA Design

✪ New Bridge / Structures Analysis & Design
▪ Advance Planning Studies
▪ Reinforced and Prestressed Concrete,
Structural Steel and Timber Design
▪ Design Reviews QA/QC, Peer Reviews
▪ Interchange Structures
▪ Sustainable Solutions for Road Rehabilitation
Design
▪ Pavement / Roadway Rehabilitation
▪ Utility Coordination
▪ Road Drainage Design
▪ Feasibility Studies
▪ Cost Estimating
▪ Project Study Reports & Project Reports
▪ Storm Damage Repair

✪ Bridge / Structures Widening, Retrofit &
Rehabilitation
▪ Plans, Specifications, & Estimates (PS&E)
▪ Rehabilitation Studies
▪ Life Cycle Cost Analysis
▪ Complex Bridge Widenings
▪ Seismic Retrofit Analysis & Design
▪ Movable Bridges
Civil Engineering Services Expertise Structures Engineering Services Expertise

✪✪ Pedestrian/Bicycle Facilities
▪ Overcrossing Structures
▪ Bicycle Bridges
▪ Bike Lane Funding
▪ Bike Paths
▪ Pedestrian
Undercrossings
✪✪ Railroad Structures & Coordination
▪ Railroad Grade Separations
▪ PUC Grade Separation Funding
Acquisition
▪ PUC Authorization Filings
▪ Railroad Agreements
▪ AREMA Technical Committee
Work
✪✪ Funding Acquisition
▪ Grant Applications
▪ Document Preparation
▪ Cost Estimating
▪ Progress Reporting
Other Services

✪✪ Other Services
▪ Project Management
▪ Value Analysis
▪ Specifications
▪ Permitting
▪ Maintenance, Inspection, and Repair Plans
▪ Project Coordination with Transportation
Districts & Transportation Authorities

▪ Life Cycle Cost Analysis
▪ Estimation
▪ Earthquake Engineering & Structural Analysis
▪ Bridge Design Software
▪ Construction Engineering
▪ Construction Management and Inspection
Drafting Services ✓

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Structures and Caltrans District offices during emergency events and for other local agency transportation projects.

Successful funding acquisition efforts by TRC led to the successful construction of three grade separations in the City of Tulare.

The chart to the right illustrates how TRC
has helped other agencies acquire
funding. As a former Caltrans Local
Assistance Engineer, Mark Imbriani is an
expert in the funding guidelines and
procedures and has completed many
funding applications. Through our knowledge of these
requirements, TRC staff has assisted many local agency clients maintain their eligibility for maximum Federal and/or State reimbursement of costs. We offer this valuable service to the City.

Mr. Imbriani is familiar with many other Federal and State funding programs, including ATP and SH190 Grade Separation funding.

KNOWLEDGE OF CALTRANS LOCAL ASSISTANCE PROCEDURES MANUAL (LAPM) TRC has worked with numerous Cities and Counties to design and construct important transportation projects. The process for management and control of projects with State and/or Federal funds is provided by the Local Assistance Procedures Manual (LAPM).

The LAPM defines the process for project development, project financing, environmental approval, contracting for design, standards for design, and for project bidding and construction. The manual is supplemented by office bulletins from time-to- time, which TRC maintains a record of, assuring our clients that our work is up to date with the most current standards.

Our staff have worked for state and local jurisdictions, and they are thoroughly familiar with the LAPM. So, while there are some approval functions which cannot be delegated, TRC can assist the City to minimize the effort required by the City to complete these tasks. No less important, TRC will provide the City with completed studies, plans, specifications, and estimates, as well as required construction documentation, in accordance with the LAPM, thus maintaining your eligibility for Federal and State funding.

TRC’S MANAGEMENT TEAM
In addition to our corporate officers located in Lowell, Massachusetts, local principals include Mark Imbriani, your proposed Principal-In-Charge.

Corporate Officers Principals for California Infrastructure ➢ Christopher Vincze – Chairman & CEO
➢ Jason Greenlaw – Chief Financial Officer
➢ Catherine Bragg – Secretary & Counsel
➢ Laura Ramey – Chief People Officer
➢ Marc Faecher - Chief Risk Officer
➢ Chris Mockus – Senior Vice President, CA Infrastructure ➢ Jamal Salmon – VP / Practice Leader, Transportation West ➢ Mark Imbriani – VP, Transportation Design West
➢ Lincoln Leaman – VP / Northern CA CM Manager
TRC will help secure necessary
funding for your project(s).

TRC is very familiar with the Caltrans
LAPG and LAPM.

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WHY CHOSE TRC?
TRC is submitting our qualifications for On-Call A&E Consultant Services.

The City desires to establish lists of on-call consultants to work on projects over the next few years. We look forward to playing an important part in your upcoming projects. TRC routinely works on civil and roadway projects, and we stand ready to assist the City with your upcoming projects and will execute the needed services at the quality level the City expects. Our staff has had significant roles in major transportation projects, many of them in Northern and Central California, and are ready and available to serve the City. Some of the many benefits the City will receive by selecting TRC are described below:

Success in Funding Acquisition – TRC has helped to secure funding for road and bridge projects for several local agencies including the Counties of San Benito, Sacramento, and Monterey, and the Cities of Santa Cruz, Tulare, and Porterville. We intend to help you secure funding for any of your projects.

Ability to Expedite Schedules – TRC has been involved in a number of projects that required tight timelines to meet mandated deadlines for the funding. We developed PS&E for two projects on State Route 198, the Plaza Drive Widening and the Akers Street Widening in the City of Visalia using State Prop. 1B funds. The CTC-mandated that each project be fully developed (environmental, right of way, and PS&E) within 20 months. TRC successfully delivered both projects on time!

Staff Longevity – Two key staff members have worked together since as far back as 1988. Nine key TRC staff have been employed at TRC for over 10 years, some listed on our organization chart. Thus, the City can trust that our staff will be here to deliver over the expected duration of this contract.

Caltrans Experience – We are well known to the Local Assistance (LA) staff at Caltrans District 6, Structures, and Headquarters. Before joining TRC, our PIC Mark Imbriani served as a Caltrans Structures Local Assistance (SLA) Engineer administering funding programs for local agencies while employed at SLA.

In-house Capabilities – TRC has a full-service in-house team that can design any type of project. We have experienced staff in project management, civil / roadway design, structures design and more, which allows for more coordinated development of projects.

Engineering Expertise – TRC staff has expertise in all aspects of management, design, permitting and construction of roadways, bridges, and ancillary transportation structures of all sizes. Our projects involve coordination with federal and state agencies for funding, permitting and environmental clearance, utility coordination, right of way coordination, drainage and stormwater issues and community outreach.

Commitment – TRC is the right choice because of our extensive previous project experience, our extensive local project experience, our past success in acquiring funding for our local agency clients, our ability to expedite environmental clearance, and our proposed approach to this work. By selecting TRC, the City will receive a team that is committed to designing and obtaining maximum funding for projects that will be constructed quickly and maintain safer access for the community.

We ask you to consider the above benefits, our approach to projects and our qualifications in making your selection of the firm that will provide the best service to you, TRC!

C.

TRC’S

INFORMATION,

QUALIFICATIONS,

AND EXPERIENCE

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C. TRC’S INFORMATION, QUALIFICATIONS, AND EXPERIENCE
TRC’S SIMILAR PROJECT EXPERIENCE
In this section, we have provided descriptions of some of our award-winning projects that demonstrate the TRC team’s experience similar in nature to those anticipated for the City’s upcoming work. Our project team brings in-depth experience working on projects similar in scope and complexity and we understand the needs and challenges associated with successfully delivering a project. We encourage you to contact the client references listed, who will attest to the excellence of our services, including budget and schedule adherence. As stated previously, we have extensive experience working for numerous Cities, Counties, and public agencies similar in size to the City of Hanford.
13 TH AVENU E AT GRANGEVILLE BOULEVARD
Contracting Agency,
Project Manager, and
Contact Information
City of Hanford
Ms. Lisa Dock, Project Manager
559-585-2555 | [email protected]
TRC Contract Amount $968,600
Funding Source CMAQ
Project Start and
Completion 2017 – 2019
TRC Project Manager and
Contact Information
Mark Imbriani, Project Manager
(916) 287-0841 | [email protected]

PROJECT OBJECTIVE
TRC was hired by the City to prepare Plans, Specifications, and Estimates (PS&E) to widen and signalize the Grangeville Boulevard and 13th Avenue intersection and pipe a segment of an irrigation canal.

PROJECT DESCRIPTION
Grangeville Boulevard and 13th Avenue are two-lane
roadways forming a four-legged stop-controlled
intersection. An irrigation canal runs adjacent to 13th Avenue on the west side of the road and the canal
crosses the intersection diagonally via a corrugated
arch pipe culvert. TRC prepared PS&E also designed
Infiltration ditches to intercept roadway drainage.

Special drainage inlets were designed along the
roadway to outfall the roadway runoff to these ditches.

Additional tasks included coordination with the Last
Chance Ditch company and other agency utility
coordination.

PROJECT OUTCOME
TRC prepared PS&E to bid the construction of this
improvement within the schedule allowed.

Construction was completed in 2020.

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GRANGEVILLE BOULEVARD / BNSF GRADE SEPARATION STUDY
Contracting Agency,
Project Manager, and
Contact Information
City of Hanford
Ms. Lisa Dock, Project Manager
559-585-2555 | [email protected]
TRC Contract Amount $126,000
Funding Source SH190
Project Start and
Completion 2017 – 2020
TRC Project Manager and
Contact Information
Mark Imbriani, Project Manager
(916) 287-0841 | [email protected]

PROJECT OBJECTIVE
TRC was hired to prepare a Feasibility Report to further study the provision of a grade separation structure between the BNSF railroad and Grangeville Boulevard in the City of Hanford.

PROJECT DESCRIPTION
The project site is located between University Avenue and Kings road on the West (1200 feet away) and Rodgers Road on the east (550 feet away). Two additional streets intersect Grangeville Boulevard from the south only. Due to site constraints, particularly the locations of intersecting roadways, it is expected that an underpass configuration will be the preferred alternative.

TRC then prepared a more detailed study of an overpass and underpass configuration for the grade separation. The following activities were performed or prepared by the TRC team:
▪ Traffic counts
▪ Right-of-way identified,
▪ Profile grades established on Grangeville and intersecting roads ▪ Structure type section performed, including for the railroad structure and retaining walls
▪ Shoofly track layout for the underpass option
▪ Utility Relocation Concept Plans
▪ Detailed cost estimates for both alternatives

PROJECT OUTCOME
Phase 1 of the project consisted of preparation of a nomination package so the City would be eligible to receive PUC SH190 Grade Separation funding. Work developed included a schematic layout of the project as an underpass configuration, an advanced planning study of the structure, right-of-way needs identification, a cost estimate, and a discussion of temporary and permanent traffic impacts.

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GRADE SEPARATION FUND GRANT APPLICATIONS
Contracting Agency,
Project Manager, and
Contact Information
City of Hanford
Ms. Lisa Dock, Project Manager
559-585-2555 | [email protected]
TRC Contract Amount $100,000
Funding Source SH190
Project Start and
Completion 2018 – 2024
TRC Project Manager and
Contact Information
Mark Imbriani, Project Manager
(916) 287-0841 | [email protected]

PROJECT OBJECTIVE
The City of Hanford desires to construct a grade separation of the BNSF track in the City. TRC was hired to prepare a study identifying the optimal location for this project. TRC studied four different grade crossings for feasibility and the benefits of a grade separation, and the decision was made to focus on the Grangeville Boulevard crossing.

PROJECT DESCRIPTION
TRC then prepared a successful Nomination (Grant Application) for the Grangeville Blvd. location that resulted in the project being placed on the CPUC’s SH190 Grade Separation Fund Priority List. This means that the City is eligible for a $5 Million award from that fund for this project. TRC also prepared technical input to a Railroad Crossing Elimination (RCE) Grant Application in 2022 and is currently performing the same role for a grant in 2024.

An exhibit showing necessary roadway improvements, rerouting of a few roads, proposed cul-de-sacs of intersecting roads, new roadway segments, driveway adjustments, lift station locations, etc. A meeting was held with BNSF to incorporate the railroad requirements into the preliminary design and obtain an estimate of railroad work costs.

PROJECT OUTCOME
The funding nomination allows the City to receive $5 million for construction of the project.

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ON -CALL SERVICES, ROADWAY REHABILITATIONS
Contracting Agency,
Project Manager, and
Contact Information
San Benito County Public Works Division
Steve Loupe, Project Manager
(831) 207-8347 | [email protected]
TRC Contract Amount $1.9M
Funding Source SB-1 Funds, County Local Funds, and Measure G Funds Project Start and
Completion 2019 – Ongoing Annually
TRC Project Manager and
Contact Information
Justina Conklin, Project Manager
(916) 272-1361 | [email protected]

PROJECT OBJECTIVE
TRC, as a Prime and a subconsultant to Vanir Construction Management, Inc, performed the design and full PS&E documents for various road maintenance projects in San Benito County. A few of the projects are described below.

PROJECT DESCRIPTIONS
SB-1 PROJECT COLE ROAD (RICARDO TO ANZAR) AND CIENEGA ROAD (MUDSTONE RANCH TO BIRD CREEK) (FY 24-25)
TRC is currently designing the full PS&E documents for road maintenance on Cole Road and Cienega Road totaling $3.5M in San Benito County. The Project includes roadway maintenance repairs on Cole Road from Ricardo Avenue to Anzar Avenue and Cienega Road from Mudstone Ranch to Bird Creek. TRC is preparing the PS&E for the necessary roadway design including utility coordination, pavement design, and drainage design.

Both projects will be funded using SB-1 funds. The designs for these projects included Full-Depth Reclamation (FDR) and overlay and soldier pile wall design for the slip out areas. During the design phase, the engineering team along with the County field walked each of the roadway segments to determine failure locations, drainage issues, and types of repair solutions. To expedite the project, aerial images were used to draft the plans, in lieu of obtaining detailed surveys. However, geotechnical recommendations were required for the retaining wall designs. Final pavement delineation and markings were placed on all the new paved roadways to meet current standards. Driveway conform details were also prepared where the roadway profile was raised as a result of the FDR and overlay. Drainage culverts that crossed the roadway were protected in place. Construction for Cole Road is expected to begin in the Fall 2024 and construction of Cienega Road is expected in the Spring 2025. TRC will also provide construction support services to address submittals and Contractor RFI’s.

ON-CALL, MEASURE G – SHORE ROAD REHABILITATION FROM FRAZIER LAKE ROAD TO SAN FELIPE ROAD (FY 24-25)
TRC completed the 100% PS&E documents for road maintenance rehabilitation improvements on Shore Road from Frazier Lake Road to San Felipe Road totaling $4.6M in San Benito County. TRC prepared the PS&E for the

2.6-mile roadway segment including roadway design including utility coordination, pavement design, and drainage design. The maintenance repair was funded using Measure G funds. The design for this project included Full-Depth Reclamation (FDR) and overlay. During the design phase, the engineering team along with the County field walked the roadway segments to determine failure locations, drainage issues, and types of repair solutions. To expedite the project, aerial images were used to draft the plans, in lieu of obtaining detailed

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surveys. Final pavement delineation and markings were placed on all the new paved roadways to meet current standards. Driveway conform details were prepared where the roadway profile was raised as a result of the FDR and overlay. Drainage culverts that crossed the roadway were protected in place. As part of this project, the intersection of Shore Road and Perry Court was widened for a left turn pocket. The widening of the left turn pocket was funded with Developer Fees. Construction for Shore Road is expected to begin in the Fall 2024. TRC will also provide construction support services to address submittals and Contractor RFI’s.

SB-1 ROAD MAINTENANCE PROJECTS AT VARIOUS LOCATIONS (FY 20-21) TRC performed the design and full PS&E
documents for various road maintenance
projects totaling $3.6M in San Benito County.

In addition, the team provided construction
management services to the County during
construction. The Project encompassed the
completion of roadway maintenance repairs
on segments of Cienega Road, Anzar Road,
and Carr Avenue. TRC prepared the PS&E for the necessary roadway design including utility coordination, pavement design, and drainage design. The maintenance repair was funded using SB-1 funds. The designs for these projects included Full-Depth Reclamation (FDR) and overlay and cape seal and overlay. During the design phase, the engineering team along with the County field walked each of the roadway segments to determine failure locations, drainage issues, and types of repair solutions. To expedite the project, aerial images were used to draft the plans, in lieu of obtaining detailed surveys. Final pavement delineation and marking was placed on all the new paved roadways to meet current standards. Asphalt dikes and AC overside drains were used at certain locations to improve drainage along the roadway. Also, along hillsides, Type A asphalt dikes were used to widen the roadway to obtain 10’ wide travel lanes in each direction. Driveway conform details were also prepared where the roadway profile increased as a result of the FDR and overlay. Drainage culverts that crossed the roadway were protected in place. TRC also provided construction support services and worked with the Contractor to address all RFI’s and submittals during the construction phase of the project. The PS&E documents were produced on an expedited schedule to maintain the allocated funds for these projects.

SOUTHSIDE ROAD 5000 BLOCK SLIP OUT AND ROAD MAINTENANCE REPAIRS (FY 19-20) TRC performed the design and full PS&E
documents for road maintenance
improvements and road slip-out repairs
totaling $2.1M in San Benito County. In
addition, the team provided construction
management services to the County during
construction. The Project encompassed the
completion of roadway maintenance
repairs on Southside Road and the
construction of two soldier pile retaining
walls. During 2019 and 2020, Southside Road, located in the southeastern portion of Hollister, CA began to substantially settle, creating sever stress cracking and shallow depressions in the roadway. The County took proactive actions to replace the distressed roadway before the entire roadway slipped down the hillside. There were two segments of roadway that were repaired. One section was located in front of Southside School and the other about ¼ mile south of the school on the south side of the roadway. TRC provided engineering design

CIENEGA ROAD BEFORE

CIENEGA ROAD AFTER

SOUTHSIDE ROAD BEFORE

SOUTHSIDE ROAD AFTER

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of the soldier pile retaining wall structures and the roadways including minor realignments and the final PS&E package ready for advertising. The plans included two soldier pile walls, drainage design, road re-alignment, erosion control, grading, utility coordination, and traffic handling. Guard rails were designed to protect the retaining wall and the public from the embankment drop off. The PS&E was required to temporarily relocate the overhead lines across the street prior to construction and then relocate back to the original location after the retaining walls were constructed. The maintenance repair was funded using Measure G funds. The designs for these projects included an asphalt overlay and full structural section replacement. Final pavement delineation and markings were placed on all the new paved roadways to meet current standards. Asphalt dikes and AC overside drains were used at certain locations to improve drainage along the roadway. TRC also provided construction support services and worked with the Contractor to address all of the RFI’s and submittals during the construction phase of the project. The PS&E documents were produced on an expedited schedule to maintain the allocated funds for these projects.

ENTERPRISE ROAD MAINTENANCE PROJECTS AT BEST ROAD AND FAIRVIEW ROAD (FY 19-20) TRC performed the design and full PS&E
documents for various road maintenance
projects totaling $2.9M in San Benito
County. In addition, the team provided
construction management services to the
County during construction. The Project
encompassed the completion of roadway
maintenance repairs on Best Road from
Hwy 25 to John Smith Road and Fairview Road from McCloskey Road to Rosa Morada Road. TRC prepared the PS&E for the necessary roadway design including utility coordination, pavement design, and drainage design.

The maintenance repair was funded using Enterprise funds. The designs for these projects included Full-Depth Reclamation (FDR) and a Geogrid embankment solution with a new structural section. During the design phase, the engineering team along with the County field walked each of the roadway segments to determine failure locations, drainage issues, and types of repair solutions. To expedite the project, aerial images were used to draft the plans, in lieu of obtaining detailed surveys. Final pavement delineation and markings were placed on all the new paved roadways to meet current standards. Driveway conform details were prepared where the roadway profile was raised as a result of the FDR and overlay. Drainage culverts that crossed the roadway were protected in place. Also, along Fairview Road, the existing drainage ditches were cleared and graded to drain and new culverts under driveways were installed to assist with drainage along the roadway. TRC also provided construction support services and worked with the Contractor to address all of the RFI’s and submittals during the construction phase of the project. During construction of Best Road, cobbles were discovered in the existing roadway and construction activities were paused. TRC provided a new roadway design that avoided the problem and put the project back on schedule. The PS&E documents were produced on an expedited schedule to maintain the allocated funds for these projects.

PROJECT OUTCOME
The team is currently providing and provided construction management services to the County during construction of all projects.

BEST ROAD BEFORE BEST ROAD AFTER

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ON -CALL SERVICES, TASK ORDER 1 – FOUR ROADWAY REHABILITATIONS Contracting Agency,
Project Manager, and
Contact Information
Monterey County Public Works, Facilities & Parks
Billy Issa, Project Manager
(831) 796-1343 | [email protected]
TRC Contract Amount $443,000
Funding Source LPP (SB-1)
Project Start and
Completion 2022 – Ongoing
TRC Project Manager and
Contact Information
Justina Conklin, Project Manager
(916) 272-1361 | [email protected]

PROJECT OBJECTIVE
TRC was selected to provide on-call civil engineering services for transportation projects totaling approximately $6.2M. Task Order 1 was assigned to TRC to provide engineering services for road rehabilitation design of Harkins Road, Hunter Lane, Hitchcock Road, and Foster Road. The proposed road rehabilitation method for these segments will be a Full Depth Reclamation.

PROJECT DESCRIPTION
HARKINS ROAD between the City of Salinas
limits and 5th street - TRC improved drainage
along the roadway, specifically at the Harkins
Road and Hunter Lane intersection and the 5th
Street and Harkins Road intersection. Due to
the high truck volumes turning onto Hunter
Lane, the intersection was improved to accommodate trucks turning from southbound Harkins Road to westbound Hunter Lane. Cobbles were found from the initial geotech report, which is a challenge for FDR operations. To mitigate the cobbles, supplemental aggregate was used to raise the roadway profile away from the cobble layer, allowing full depth reclamation to be a viable solution.

HUNTER LANE between State Route 68 to
Harkins Road - TRC will improve drainage along
the roadway. Sulfates were found from the initial
geotechnical report. To mitigate the sulfates,
supplemental aggregate was brought in to raise
the roadway profile and still allow full depth
reclamation to be a viable solution.

HITCHCOCK ROAD and FOSTER ROAD between Davis Road to State Route 68 will both become detour routes for the County's Davis Road widening project. Presently, both roadways are rural roadways, and the pavement is in very poor condition. Both roadways will be rehabilitated using Full Depth Reclamation including drainage improvements on both sides of the roadway. The existing roadway does not have a crowned section and is one of the reasons that the roadway is failing. As part of the project, a standard 2% crown will be established to improve roadway drainage.

PROJECT OUTCOME
Two projects have been constructed and the final two are under construction right now, and will be complete by December 2024. TRC is providing construction support for all four projects.

HARKINS ROAD BEFORE

HARKINS ROAD AFTER

HUNTER LANE BEFORE

HUNTER LANE AFTER

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SR 198 / AKERS STREET INTERCHANGE IMPROVEMENTS / ROADWAY WIDENING Contracting Agency,
Project Manager, and
Contact Information
City of Visalia Public Works Department
Mr. Eric Bons, Senior Civil Engineer
559-713-4350 | [email protected]
TRC Contract Amount $1.12M
Funding Source Measure R (Local Funds) and LPP (SB-1)
Project Start and
Completion 2016 – 2021
TRC Project Manager and
Contact Information
Justina Conklin, Project Manager
(916) 272-1361 | [email protected]

PROJECT OBJECTIVE
TRC was hired by the City of Visalia for this $5M project to prepare the preliminary engineering, traffic analysis, the environmental document, and PS&E documents for operational improvements to Akers Street between Hillsdale Avenue and Cypress Avenue, encompassing the Akers Street interchange on SR198 to improve mobility and relieve congestion.

PROJECT DESCRIPTION
Akers Street is a vital link to the region, classified as an arterial roadway providing north/ south mobility and connectivity to SR 198. To accommodate current traffic volumes and the projected high traffic demands through the 2035 planning horizon, improvements to this major travel corridor were needed. Within the State right-of- way, Akers was widened on both the east and west side to accommodate the addition of dual left turn lanes.

PROJECT OUTCOME
TRC prepared the PS&E for roadway design, stage construction, ADA compliance, traffic signing, including overhead signs, slope paving, and other civil engineering tasks including drainage, utility coordination, and right-of-way certification. Geometric roadway features including travel lanes, shoulders, and sidewalks were upgraded to current standards within both State and City right-of-way. TRC led the effort for right-of- way and utility certification, including preparing the utility agreements between the City and the utility agencies. This was a lead task in obtaining the encroachment permit from Caltrans for the project. Diligent effort and communication with utility agencies was key in obtaining Caltrans approval to secure $2.5 million in construction funding by meeting the CTC funding deadline.

All work products were subject to Caltrans reviews and approvals. TRC provided construction support to the City and construction engineering staff during the construction process. The project was completed in 2021.

AWARD -WINNING PROJECT
▪ ASCE Fresno Roadway / Highway Project of the Year
▪ APWA Central California Project of the Year Honorable Mention- Less than $5M.

D.

ORGANIZATION

AND APPROACH

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D. ORGANIZATION AND APPROACH
TRC offers to the City personnel whom will provide all necessary services required on your projects and we are eager to provide these services. We believe the team’s in-depth knowledge on similar local agency and Caltrans projects and knowledge of Caltrans, local agency and FHWA procedures will provide a great benefit to the City. These strengths are especially important in today’s environment, as proactive coordination and effective communication will be the main determinants of success. You will be selecting a team which has experience in successfully addressing issues such as complex environmental problems, public involvement, staged construction, railroad approvals and agreements, traffic handling, right of way, roadway and civil design, constructability reviews with experienced construction management staff, and utility relocations, and one that understands how to get your project completed successfully, while helping you secure and maximize the usage of State and Federal funding.

D.1. ROLES AND ORGANIZATION OF THE TEAM
TRC’s Key Management
Our management leadership team for your project(s) each brings over 30 years of experience delivering projects. Mark Imbriani, Justina Conklin, and Mark Christensen are experts in helping our clients execute major projects that make a meaningful impact on their local communities. A testimonial for each is shown below. Two-page resumes are provided in the appendix.

Mark Imbriani

“We are very pleased that you were
the Project Manager on the
Castroville Bike / Ped Rail Crossing
and had a great design team to
bring this project to the finish line
successfully. You and your teams’
efforts particularly stood out in
obtaining approvals, the design of
the structure, utility coordination,
and construction phase
responsiveness.”
Patricia Lopez, Project Manager
County of Monterey
Justina Conklin

“I am pleased that you were the
Project Manager for this important
Akers Street / SR 198 Interchange
Modification project. Your team’s
high level of service regarding utility
coordination, quality design, and
Caltrans agency coordination
assisted the City in meeting the
necessary funding goals.”

Fred Lampe, Project Manager
City of Visalia
Mark Christensen

”We reached a major milestone on
the Third Street Bridge Rehab and
could not have done this without you
guys.… not have made this milestone
without your efforts and it clearly
shows itself with this achievement.
…this milestone might have been
possibly derailed, but you guys kept
on going and with the help of the
entire team we made it.”

Jacky Ng, Project Manager
San Francisco Public Works
TRC has an incredible workforce with skills, education, credentials, and experience that will deliver your project(s) successfully. These attributes are described throughout the proposal and in the condensed resumes found in the appendix. The TRC Team Organization Chart shown on the next page outlines the structure of our specially tailored team and the role each team member will perform for the City. Note we show two project managers, as the nature of each specific project will determine who in TRC is best suited to deliver your project successfully, on time and within budget. If needed for a specific project, additional staffing would be assigned.

TRC and its subconsultant team will play an important role and provide all necessary services required for your TRC has qualified broad-based
experience acquired through
successful performance on multiple
projects for cities and counties
throughout northern and central
California. We serve an extensive
range of public and private clients,
steering complex projects from
concept to completion to help solve
the toughest challenges.

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project(s). We currently have one DBE on our team to help meet or exceed any required DBE requirement and can add more if a project needs it.

TRC Team Organization Chart

Subconsultant’s Firm Bios
Our all-star team members were selected because we have been partners together on many other projects.

Based on our established relationships, we know the City can expect smooth operations, productive communication, and quality deliverables from our team. Other services and additional disciplines that may be required for a project will be added as needed with City approval. Firm bios for our subconsultants are shown on the next page.

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GPA Consulting (GPA) is a multi-disciplinary consulting firm specializing in environmental planning, biological resource studies, and historic preservation planning. GPA, founded in 2003, is a certified WBE, DBE, and SBE registered as a California Corporation. The firm’s expertise includes managing the environmental process in compliance with the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), state and federal Endangered Species Act, Clean Water Act, Section 106 of the National Historic Preservation Act, and Secretary of the Interior’s Standards for the Treatment of Historic Properties, among other state and federal environmental laws. GPA’s services include environmental document preparation, technical analysis, environmental document peer-reviews, regulatory permitting, agency coordination, and construction and mitigation monitoring. GPA is particularly skilled in transportation projects, including roadway/highway, bridges, emergency repairs, and bicycle and pedestrian facilities. Many of these projects are processed through Caltrans Local Assistance Program, thereby giving staff an in-depth knowledge of Caltrans’ Local Assistance Procedures Manual (LAPM) and Standard Environmental Reference (SER). DIR Registration #1000035318
Calvada Surveying, Inc. (Calvada) is a Disabled Veteran and Minority Disadvantaged- Owned land surveying business established in 1989. They are a trusted partner throughout the Western U.S. and provide professional land surveying services for various industries, including the Civil Engineering, Telecommunications, Real Estate, Construction, and Environmental industries. Calvada’s clients are presented with professionalism, superb customer service, and the finest technology available. DIR Registration #1000007149 Peters Engineering Group (PEG) is a multi-disciplined engineering company specializing in civil and traffic engineering services. PEG is located in Clovis, California and serves primarily public agency clients and municipalities in the transportation and general civil engineering field. PEG utilizes the latest equipment and software, which allows them to provide prompt and technically accurate services to their clients. Since their inception in 1998 they have continuously provided services that have assisted in the successful delivery of hundreds civil and traffic engineering projects including traffic signal and street lighting designs, road widenings, intersection improvements, highway improvements, bicycle and pedestrian trail design, water line projects, traffic studies, and construction management. DIR Registration #1000028322
Designlab 252 (DL252) is a full-service Landscape Architecture firm specializing in state and municipal related design. They are a local firm with statewide experience. The company provides full-service Landscape Architecture with years of experience in providing professional consulting services for State, regional, and local municipalities. They have a long-standing working relationship with TRC and have a proven successful work history for completing projects on-time and under budget. DL252 has experience working in the Hanford area and are familiar with the City’s requirements for processing successful projects.

Designlab 252 does not do work subject to prevailing wage and is not subject to prevailing wage requirements under the State of California regulations and therefore is not registered with the DIR.

Number of Project Staff, Facilities Available and Experience of TRC for Potential Projects TRC has over 50 transportation design professionals in California with three main offices located in Sacramento, Fresno, and Irvine.

RANCHO CORDOVA
10680 White Rock Road, Suite 100
Rancho Cordova, CA 95670
FRESNO
8050 N. Palm Avenue, Suite 300
Fresno, CA 93711
IRVINE
6 Executive Circle, Suite 200
Irvine, CA 92614
Our experience is explained throughout the proposal and our project descriptions of similar experience.

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D.2. PROJECT AND MANAGEMENT APPROACH
Project Management
A successful Management Plan begins by assigning a Committed Project Manager. Our Project Managers, Justina Conklin, PE and Mark Christensen, PE have the technical knowledge, skill, and experience to expertly manage this contract for the City. They are excellent communicators and take pride in their ability to be accessible and responsive to their clients. Justina and Mark will drive the project schedule, staff the work, and manage the work for you.

They are completely available to work closely with the City on your project(s). Successfully managing and coordinating the contract with the City will be their number one priority!
Successful projects require a sound organizational approach designed to guide them, but with enough flexibility to meet the demands of the various parties involved. TRC has a wealth of experience at successfully managing projects. The key to sound management is communication.

In-house weekly project status and staffing meetings are held with the Team and TRC managers to discuss project status and to plan staffing requirements. Top-level management meets monthly to review long term staffing requirements. This system allows us to respond quickly to changes in our project needs and demands.

Agendas will be prepared in advance of all meetings. This allows for highly effective, focused meetings. At the conclusion of meetings, notes will be prepared summarizing discussions and listing specific action items and their due dates. Notes are distributed to all meeting attendees and team members for review and clarification as required. A final version of the notes is distributed after receipt of comments. Again, this allows for excellent communication and understanding, which provides for budget and schedule efficiency and achievement of client goals. The action items from each meeting or phone call are added to an overall Action Item List for the project, increasing the likelihood of tasks being completed on schedule and within budget.

TRC documents decisions made, and action items required.

Critical conversations will be documented and distributed via email to affected persons. The City can always review these documents to clarify issues, as necessary. This level of communication minimizes the chance of misunderstandings.

Plan Sheet Control & Tracking
A project specific spreadsheet like the spreadsheet on the right will be developed for the Project Deliverables. This allows us to track submittal development, completion, review, and delivery.

Like the Plan Sheet Control Spreadsheet, the Deliverables Tracking Spreadsheet will be provided to the City along with

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other quality control documents to provide verification that our QA / QC program has been followed.

Budget and Cost Control
TRC prepares detailed task-by-task fee proposals
for our clients. We also track each task separately
and include a summary of our budget status with
each monthly progress report. This status shows
the budget, amount earned/billed-to-date,
remaining budget, and percent complete for each
task. We also receive internal weekly budget status
reports by task. This allows us to keep good control
over costs, as the percent complete with budget is
compared to the percent complete with work for
each task. Course correction can be implemented
at such time as the work complete falls below the
budget completion percentage. A sample of a
typical budget summary is shown on the right.

Schedule Control
A detailed CPM schedule in
Microsoft Project will be
prepared upon award of a
project to TRC. Monthly
updating of the schedule
allows TRC to make
adjustments to tasks or
resources as necessary to
maintain the project schedule.

The keys to the success of your
project, include clear and
effective communication, timely
decision making, up-front
coordination, and a committed
design team. TRC will focus on
these keys and will commit to the success of your project, as we have for you and our other clients in the past.

Ability to Expedite Schedules
TRC has been involved in a number of recent projects that required tight timelines in order to meet mandated deadlines for the funding sources. In particular we secured the funding and developed the PS&E for three railroad grade separation projects in the City of Tulare. Funding sources included State Prop. 1B Highway Railroad Crossing Safety Account and SH190 Grade Separation funds. A total of $30M in funding was obtained.

The CTC-mandated that each project be fully developed (environmental, right of way, railroad agreement, PUC authorization, and PS&E) within twenty months. TRC successfully delivered all three projects! Another specific example appears below:

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TRC was hired by the City of San Francisco to provide bridge inspection, design, environmental studies, and construction support services for the rehabilitation of this historic bascule bridge, the Third Street Bridge over Mission Channel Rehabilitation in San Francisco. Work included deck replacement, cleaning and painting steel, replacing corroded steel members, updating safety features, and restoring the concrete counterweight. TRC led a multi-discipline team to perform the inspection of the bridge, environmental clearance, design and development of PS&E and support during construction activities. This job was considered to be the highest profile job in the City due to the bridge’s proximity to the San Francisco Giants stadium and the Golden State Warriors arena (Chase Arena). In particular, the bridge construction had to be completed before the arena was opened, as road closures were required to construct the bridge, and the bridge was used by baseball fans to get to and from the stadium from the parking lots. Failure to achieve the schedule would have resulted in horrible traffic jams and inability for fans to get to the stadium. This was a highly political project to say the least! Frequent updates were necessary to keep the mayor’s office informed.

The project was on an extremely accelerated schedule due to the planned opening day of the new Chase Center half a mile south of the bridge. The schedule was further complicated by the presence of Oracle Park immediately north of the bridge and Oracle Park parking lots immediately south of the bridge. Even with a number of City requests changes and additions to the original scope, and a 7-month delay in NTP, TRC was able to meet the City’s, the San Francisco Giants and the Golden State Warriors’ schedules, designing the project to allow staged construction and frequent closure windows when the bridge remained open to cars and pedestrians for events.

In order to assist the City with required and very fluid schedule changes, TRC, at no additional cost, broke the PS&E package into two pieces, preparing separate bid documents for the counterweight restoration work so this City could let this work and get it completed while they addressed other internal delays and schedule issues.

Despite the highly accelerated design schedule, design costs were kept within the budgets (including amendments for requested additional work) and the winning bid for construction was well below the Engineer’s estimate. This $25 Million project won the following award: Silver Level Award Winner for Infrastructure more than $20 Million.

TRC met all deadlines and completed the work within budget. The project was constructed and opened for traffic in time.

QUALITY ASSURANCE / QUALITY CONTROL
The TRC team is committed to excellence, as our references will attest.

We will provide quality assurance and quality control throughout the duration of the project and will constantly employ our quality control plan in producing the PS&E for a project All deliverables and submittals will be subjected to this QA / QC Plan before being delivered to the City.

Our approach follows that of Caltrans, as evidenced by the QA / QC checklist we use on every project.

A Quality Management Program starts with Quality People. TRC employs a quality management program that incorporates responsibility for quality throughout the organization, and benefits from process improvements realized on similar projects. It all starts with the selection