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1. Federal Award No. 2. Effective Date
See No. 17 Below
3. Assistance
Listings No.
20.939
4. Award To
City of San Bernardino
290 North D St, San Bernardino, CA 92401
Unique Entity Id.: EJLMR1CMKM7
TIN No.: 95-6000772
5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590
6. Period of Performance
Effective Date of Award – 18
months
7. Total Amount
Federal Share:
Recipient Share:
Other Federal Funds:
Other Funds:
Total:
$240,800
$60,200
$0
$0
$301,000
8. Type of Agreement
Grant
9. Authority
Section 24112 of the Infrastructure Investment
and Jobs Act (Pub. L. 117–58, November 15,
2021; also referred to as the “Bipartisan
Infrastructure Law” or “BIL”)
10. Procurement Request No. 11. Federal Funds Obligated $240,800
12. Submit Payment Requests To
See Article 5.
14. Description of the Project
13. Accounting and Appropriations Data
[insert Data]
In order to address collisions along this segment of Baseline St between Meridian St and Tippecanoe Ave. Certain measures will be studied during the planning stages; such as corner extension, high visibility crosswalks, HAWK signals, and others. Local Roadway Safety Plan (LRSP) will be amended for community engagement.
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RECIPIENT
15. Signature of Person Authorized to Sign
___________________________________
Signature Date Name: Rochelle Clayton
Title: Acting City Manager
FEDERAL HIGHWAY ADMINISTRATION
16. Signature of Agreement Officer
______________________________________
Signature Date Name:
Title: Agreement Officer
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U.S. DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT UNDER THE
FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the City of San Bernardino, a California municipal corporation (the “Recipient”).
This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the Plan to Action: Revitalizing Roadway Safety in to San Bernardino.
The parties therefore agree to the following:
ARTICLE 1
GENERAL TERMS AND CONDITIONS
1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2023 Safe Streets and Roads for All (“SS4A”) Grant Program,”, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2023.” Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement.
(b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27).
(c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.
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ARTICLE 2
APPLICATION, PROJECT, AND AWARD
2.1 Application.
Application Title:
Plan to Action: Revitalizing Roadway Safety in San Bernardino Application Date: 07/10/2023
2.2 Award Amount.
SS4A Grant Amount: $240,800
2.3 Federal Obligation Information.
Federal Obligation Type: Single
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Obligation Condition Table
Phase the Project Allocation of
the SS4A
Grant
Obligation Condition
Planning $240,800 The Recipient shall not expend any funds (Federal or non-Federal) for, seek reimbursement of eligible
costs, or otherwise begin any part of the
construction or final design and construction of an
Implementation Project unless and until:
(1) The requirements of the National
Environmental Policy Act (42 U.S.C. § 4321 et
seq.) (“NEPA”), Section 106 of the National
Historic Preservation Act (16 U.S.C. § 470f)
(“NHPA”), and any other applicable environmental
laws and regulations have been met; and
(2) FHWA, or a State with applicable NEPA
Assignment authority, has approved the NEPA
document for the Project and provided the
Recipient with a written notice that the
environmental review process is complete; and
(3) FHWA has obligated additional funds for this
phase and notified the Recipient in writing that
the Recipient may proceed to the next activity
after NEPA approval, and the Recipient has
acknowledged receipt in writing of FHWA’s
notification. Recipient shall not proceed with
any such activities until (2) and (3) as described
in this section are met. Costs that are incurred
before (2) and (3) as described in this section
are met are not allowable costs under this
agreement.
Extent of activities that are permissible before
NEPA is complete are those activities
constituting “preliminary design” as specified
in FHWA Order 6640.1A.
2.4 Budget Period.
Budget Period: 18 months
2.5 Grant Designation.
Designation: Planning and Demonstration
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ARTICLE 3
SUMMARY PROJECT INFORMATION
3.1 Summary of Project’s Statement of Work.
In order to address collisions along this segment of Baseline St between Meridian St and Tippecanoe Ave. Certain measures will be studied during the planning stages; such as corner extension, high visibility crosswalks, HAWK signals, and others. The Local Roadway Safety Plan (LRSP) will be amended for community engagement. The project will be completed in one/ phase as follows:
Base Phase: Supplemental planning for significant reduction or elimination of roadway fatalities and serious injuries: Baseline St from Meridian Ave to Tippecanoe Ave will be studied to identify measurable impact strategies and added as an amendment to the LRSP to prioritize reducing or eliminating roadway fatalities and serious injuries. This Supplemental Planning element will encompass the approach methodology, concept design, costs, data collection, and benefits of the proposed improvements. As well as conduct community engagement to be reflected to the LRSP.
3.2 Project’s Estimated Schedule.
Action Plan Schedule
Milestone Schedule Date
Planned NEPA Completion Date: September 1, 2025
Planned Draft Plan Completion Date: June 1, 2025
Planned Final Plan Completion Date: January 2, 2026
Planned Final Plan Adoption Date: May 13, 2026
Planned SS4A Final Report Date: August 1, 2026
Supplemental Planning Schedule
Milestone Schedule Date
Planned NEPA Completion Date: September 1, 2025
Planned Draft Plan Completion Date: June 1, 2025
Planned Final Plan Completion Date: January 2, 2026
Planned Final Plan Adoption Date: May 13, 2026
Planned SS4A Final Report Date: August 1, 2026
3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $240,800
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Other Federal Funds: $0
State Funds: $0
Local Funds: $60,200
In-Kind Match: $0
Other Funds: $0
Total Eligible Project Cost: $240,800
(b) Cost Classification Table – Planning and Demonstration Grants with demonstration activities and Implementation Grants Only
(c) Indirect Costs
Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding.
ARTICLE 4
RECIPIENT INFORMATION
4.1 Recipient Contact(s).
Azzam Jabsheh,PE
City Engineer
City of San Bernardino
209 N D St, San Bernardino, CA 92401
909-384-7251
[email protected]
4.2 Recipient Key Personnel.
Name Title or Position
Azzam Jabsheh,PE City Engineer
Khari Kinermon Traffic Engineering Associate
Ryan Castillo Traffic Engineering Associate
4.3 USDOT Project Contact(s).
Safe Streets and Roads for All Program Manager
Federal Highway Administration
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Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.
Washington, DC 20590
202-366-2822
[email protected]
and
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-33, Mail Stop E62-310
1200 New Jersey Avenue, S.E.
Washington, DC 20590
202-493-2402
[email protected]
and
Elissa Konove – California
Agreement Officer’s Representative (AOR)
California Division
Federal Highway Administration
650 Capitol Mall, Suite 4-100
Sacramento, California
Phone: (916) 498-5001
[email protected]
and
Daniel Hawk
Local Programs Manager
FHWA California Division Office
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
Phone: 916-498-5849
Email: [email protected]
ARTICLE 5
USDOT ADMINISTRATIVE INFORMATION
5.1 Office for Subaward and Contract Authorization.
USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management
SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).
Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to grants that do not include construction. 9 of 18
In accordance with 2 CFR 200.308(c)(6), unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement.
The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause.
5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly.
(b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred.
(c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “AOR”) may withhold processing that request until the Recipient provides sufficient detail.
(d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System.
The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver.
(f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.
ARTICLE 6
SPECIAL GRANT TERMS
6.1SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement.
6.2.The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements. 10 of 18
6.3SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures.
6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Supplemental Action Plan will be made publicly available and agrees that it will publish the final Supplemental Action Plan on a publicly available website.
6.5There are no other special grant requirements.
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ATTACHMENT A
PERFORMANCE MEASUREMENT INFORMATION
Study Area: Baseline St from Meridian Ave to Tippecanoe Ave Baseline Measurement Date:
Baseline Report Date:
Table 1: Performance Measure Table
Measure Category and Description
Measurement
Frequency and
Reporting
Deadline
Safety Performance
[for Implementation Grants
and Planning and
Demonstration Grants with
demonstration activities]
Fatalities: Total annual fatalities in the
project location(s)
Annually and
within 120 days
after the end of the
period of
performance
Safety Performance
[for Implementation Grants
and Planning and
Demonstration Grants with
demonstration activities]
Serious Injuries: Total annual serious
injuries in the project location(s) [if
available]
Annually and
within 120 days
after the end of the
period of
performance
Equity
[for all Grants]
Percent of Funds to Underserved
Communities: Funding amount (of total
project amount) benefitting underserved
communities, as defined by USDOT
Within 120 days
after the end of the
period of
performance
Costs
[for all Grants]
Project Costs: Quantification of the cost
of each eligible project carried out using
the grant
Within 120 days
after the end of the
period of
performance
Outcomes and Benefits
[for Implementation Grants
and Planning and
Demonstration Grants with
demonstration activities]
Qualitative Project Benefits: Qualitative
description of evidence-based projects or
strategies implemented (e.g., narrative
descriptions, testimonials, high-quality
before and after photos, etc.)
Within 120 days
after the end of the
period of
performance
Outcomes and Benefits
[for Implementation Grants
and Planning and
Project Location(s): GIS/geo coordinate
information identifying specific project
location(s)
Within 120 days
after the end of the
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Measure Category and Description
Measurement
Frequency and
Reporting
Deadline
Demonstration Grants with
demonstration activities]
period of
performance
Lessons Learned and
Recommendations
[for all Grants]
Lessons Learned and Recommendations:
Description of lessons learned and any
recommendations relating to future
projects or strategies to prevent death and
serious injury on roads and streets.
Within 120 days
after the end of the
period of
performance
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ATTACHMENT B
CHANGES FROM APPLICATION
Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences.
See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert “N/A” in Section 3.3 of the table.
Scope: The implementation and construction part of the application were not funded so the scope was reduced to be only for supplemental action plan and planning activities.
Schedule: Reduced due to implementation not being funded.
Budget: Reduced to $240,800 due to implementation not being funded.
The table below provides a summary comparison of the project budget.
Application Section 3.3
Fund Source $ % $ %
Previously Incurred Costs
(Non-Eligible Project Costs)
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
SS4AFunds $4,832,168.20 $240,800
Other Federal Funds
Non-Federal Funds $1,208,040.8 $60,200
Total Future Eligible Project
Costs
Total Project Costs $6,040,209 $301,000
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ATTACHMENT C
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.
The Recipient states that rows marked with “X” in the following table align with the application:
A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)
X
The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) X
The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below.
X
The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but intends to take relevant actions described in the supporting narrative below.
The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.
2. Supporting Narrative.
The City recognizes that the LRSP must conduct additional community engagement at the neighborhood level to solicit input from residents affected by these projects. The project will include a supplemental planning and demonstration activities component to ensure the equitable inclusion of input from underserved communities in the final project selection.
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ATTACHMENT D
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS
1. Consideration of Climate Change and Environmental Justice Impacts.
The Recipient states that rows marked with “X” in the following table align with the application:
The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
X
The Recipient or a project partner used environmental justice tools, such as the EJScreen, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.)
The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.)
The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.)
The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.)
The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.)
The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.)
The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.)
The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.)
The Project supports or incorporates the construction of energy- and location- efficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.)
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The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project, as described in the supporting narrative below.
X
The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but will take relevant actions described in the supporting narrative below.
The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.
2. Supporting Narrative.
The prioritized project sites are located in census tracts where 82% of the population is in an underserved community, according to data from the Climate and Economic Justice Screening Tool (CEJST). By providing safe alternative transportation options, such as bike lanes and pedestrian infrastructure, the projects ensure that people can access critical community services, including education, healthcare, job centers, and shopping destinations.
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ATTACHMENT E
LABOR AND WORKFORCE
1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table align with the application:
The Recipient demonstrate, to the full extent possible consistent with the law, an effort to create good-paying jobs with the free and fair choice to join a union and incorporation of high labor standards. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project. (Describe the relevant provisions in the supporting narrative below.) The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.)
The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.)
The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.) The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.)
The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
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The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements and meet the requirements as outlined in the Notice of Funding Opportunity to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color;
c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and contractors.
(Describe the equal opportunity plan in the supporting narrative below.) The Recipient has taken other actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the project, will take relevant actions described in the supporting narrative below.
X
The Recipient has not taken actions related to the Project to improving good- paying jobs and strong labor standards and will not take those actions under this award.
2. Supporting Narrative.
Since this project is not a construction project the above table is not applicable.