EXHIBIT C
SAFE STREETS FOR ALL (SS4A) GRANT AGREEMENT
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JASON DAVID
MOTALA
Digitally signed by JASON DAVID
MOTALA
Date: 2023.07.05 08:42:55 -06'00'
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U.S. DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT UNDER THE
FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the [United States Department of Transportation (the "USDOT")] [Federal Highway Administration (the "FHW A") and the City of Seal Beach (the "Recipient").
This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All ("SS4A") Grant for the City of Seal Beach Safety Action Plan.
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 2022 Safe Streets and Roads for All Grant Program," dated February 8, 2023, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements. Articles 7-30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement.
(b) The Recipient states 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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ARTICLE2
APPLICATION,. PROJECT, AND A WARD
2.1 Application.
Application Title:
Application Date:
City of Seal Beach Safety Action plan
09/15/2022
2.2 Award Amount.
SS4A Grant Amount: $200,000
2.3 Award Dates.
Period of Performance End Date:
2.4 Budget Period
See Section 6 on page 1
Budget Period End Date: See Section 6 on page 1
2.5 Action Plan Grant or Implementation Grant Designation.
Designation: Action Plan
2.6 Federal Award Identification Number. The Federal Award Identification Number is listed on page 1, line 1.
ARTICLE3
SUMMARY PROJECT INFORMATION
3.1 Summary of Project's Statement of Work.
The award will be used by the City of Seal Beach to develop a comprehensive safety action plan.
3.2 Project's Estimated Schedule.
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ACTION PLAN SCHEDULE
Milestone Schedule Date
Planned Draft Action Plan Completion 02/28/2024
Date:
Planned Action Plan Completion Date: 05/30/2024
Planned Action Plan Adoption Date: 06/30/2024
Planned SS4A Final Report Date: 06/30/2024
3.3 Project's Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount:
Other Federal Funds::
State Funds:
Local Funds:
In-Kind Match:
Other Funds:
Total Eligible Project Cost:
(b) Supplemental Estimated Budget
Cost Element Federal Share Non-Federal Share
Direct Labor $28,000 $7,000
Fringe Benefits $12,000 $3,000
Travel $0.00 $0.00
Equipment $0.00 $0.00
Supplies $0.00 $0.00
Contractual/Consultant $160,000 $40,000
Other $0.00 $0.00
Indirect Costs $0.00 $0.00
Total Budget $200,000 $50,000
4ofl2
$200,000
$0
$0
$50,000
$0
$0
$250,000
Total Budget
Amount
$35,000
$15,000
$0.00
$0.00
$0.00
$200,000
$0.00
$0.00
$250,000
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ARTICLE4
RECIPIENT INFORMATION
4.1 Recipient's Unique Entity Identifier.
J2JWJVWQ8EA6
4.2 Recipient Contact(s).
Iris Lee
Deputy Public Works Director
City of Seal Beach
211 Eighth Street Seal Beach CA, 90740-6305
(562) 431-2527
[email protected]
4.3 Recipient Key Personnel.
Name Title or Position
Iris Lee Public Works Director
4.4 USDOT Project Contact(s).
Darren Thacker
Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.
Washington, DC 20590
(202) 366-6409
[email protected]
and
Ashley Cucchiarelli
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
(720) 963-3589
[email protected]
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and
Agreement Officer's Representative (AOR)
Division Administrator
USDOT Sacramento, CA
650 Capitol Mall
Suite 4-100
Sacramento, CA 95814
California.FHW [email protected]
and
Vince Mammano
Agreement Officer's Representative (AOR)
Division Administrator
FHW A California Division Office
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
916-498-5015
[email protected]
and
Steve Pyburn
California Division Office Point of Contact
Design Program Manager
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
(916) 498-5057
[email protected]
ARTICLES
USDOT ADMINISTRATIVE INFORMATION
5.1 Office for Subaward and Contract Authorization.
USDOT Office for Subaward and Contract Authorization: FHW A Office of Acquisition and Grants Management
SUBA WARDS 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). 6 of 12
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Note: Recipients with a procurement system deemed approved and accepted by the Government or by 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 Action Plan Grants.
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 of each subaward or contract is contingent upon the Recipient's submittal of a written fair and reasonable price determination, and approval by the AO for each proposed contractor/subrecipient. Consent to enter into subawards or contracts 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. (Fill in at award or by amendment)
5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred in the performance of this agreement if those costs do not exceed the funds available under section 2.2 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 einvoicing 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 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 AO may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the Agreement Officer's Representative (the "AOR") reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment.
( e) The USDOT may waive the requirement that the Recipient use the DELPHI einvoicing System. The Recipient may obtain waiver request forms on the DELPHI einvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the 7 of12
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AO. A Recipient who seeks a waiver shall explain why they are unable to use or access the Internet to register and enter payment requests and send a waiver request to Director of the Office of Financial Management
US Department of Transportation,
Office of Financial Management B-30, Room W93-43 l
1200 New Jersey Avenue SE
Washington DC 20590-0001
or
[email protected].
If the USDOT grants the Recipient a waiver, the Recipient shall submit SF 271s directly to:
DOT/FAA
P.O. Box 268865
Oklahoma City, OK 73125-8865
Attn: Agreement Specialist
(f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.
ARTICLE6
SPECIAL GRANT TERMS
6.1 SS4A 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 Article 2.
6.2 The Recipient acknowledges that the Action Plan will be made publicly available, and the Recipient agrees that it will publish the final Action Plan on a publicly available website.
6.3 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.
6.4 There are no other special grant requirements for this award. 8 of 12
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ATTACHMENT A
PERFORMANCE MEASUREMENT INFORMATION
Study Area: City of Seal Beach
Baseline Measurement Date: 06/30/2024
Baseline Report Date: 07/15/2024
Table 1: Performance Measure Table
Measure Category and Description
The City of Seal Beach Safety Action
Plan will study the entire City, which has
Equity a disadvantaged community population of
29.8%. Therefore, the Project benefit to
underserved communities is 29.8%
Costs $250,000
Lessons Learned and Recommendations relating to future
'
Recommendations projects of strategies to prevent death and serious injury on roads and streets.
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Measurement
Frequency
06/30/2024
06/30/2024
06/30/2024
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ATTACHMENT B
CHANGES FROM APPLICATION
INSTRUCTIONS FOR COMPLETING ATTACHMENT B: 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 this attachment B is to document the differences clearly and accurately in scope, schedule, and budget to establish the parties' knowledge and acceptance of those differences. See section IO.I.
Scope: No changes have been made.
Schedule: No changes have been made.
Budget: No changes have been made.
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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 are accurate:
A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supportin� narrative below.)
The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to X 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 supportin� 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 suvvortin� narrative below.) 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 imvroved access in the suvvortin� 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 suvvortin� 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.
The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the project, will take relevant actions described in 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 of Seal Beach adopted Resolution No. 1252 on July 22, 1963 that states "The City of Seal Beach, as an employer, does not, has not, and will not discriminate because ofrace, religious creed, color, national origin or ancestry of any person, to refuse to hire or employ him or to bar or to discharge from employment such person or to discriminate 11 of 12
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against such person in compensation or in terms of conditions or privileges of employment.
Additionally, the City of Seal Beach has a Non-Discrimination Clause and Statement of Compliance that is included in all Professional Services Agreements made between the City and consultants/subconsultants/contractors.
The City has and will continue to include and follow these measures to ensure racial equity in the overall delivery and implementation of the Project. r
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EXHIBIT D
FHWA SS4A GRANT GENERAL TERMS AND CONDITIONS
Revision 2: August 1, 2023
1 of 30
U.S. DEPARTMENT OF TRANSPORTATION
GENERAL TERMS AND CONDITIONS UNDER THE
FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL (“SS4A”) GRANT PROGRAM:
FHWA PROJECTS
Original: February 8, 2023
Revision 1: March 28, 2023
Revision 2: August 1, 2023
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Table of Contents
Article 7 Purpose.........................................................................................................................6
7.1 Purpose....................................................................................................................................6 Article 8 USDOT Role................................................................................................................6
8.1 Division of USDOT Responsibilities........................................................................................6
8.2 USDOT Program Contacts. ......................................................................................................7 Article 9 Recipient Role..............................................................................................................7
9.1 Statements on the Project. ........................................................................................................7
9.2 Statements on Authority and Capacity......................................................................................7
9.3 USDOT Reliance. ....................................................................................................................8
9.4 Project Delivery. ......................................................................................................................8
9.5 Rights and Powers Affecting the Project...................................................................................8
9.6 Notification of Changes to Key Personnel. ...............................................................................9 Article 10 Award Amount, Obligation, and Time Periods............................................................9
10.1 Federal Award Amount............................................................................................................9
10.2 Federal Obligations. .................................................................................................................9
10.3 Budget Period ........................................................................................................................ 10
10.4 Period of Performance............................................................................................................ 10 Article 11 Statement of Work, Schedule, and Budget Changes..................................................11
11.1 Notification Requirement. ...................................................................................................... 11
11.2 Statement of Work Changes. .................................................................................................. 11
11.3 Schedule Changes. ................................................................................................................. 11
11.4 Budget Changes. .................................................................................................................... 11
11.5 USDOT Acceptance of Changes............................................................................................. 12 Article 12 General Reporting Terms..........................................................................................12
12.1 Report Submission. ................................................................................................................ 12
12.2 Alternative Reporting Methods............................................................................................... 13
12.3 Paperwork Reduction Act Notice............................................................................................ 13 Article 13 Progress and Financial Reporting..............................................................................13
13.1 Quarterly Program Performance Reports. ............................................................................... 13
13.2 Quarterly Financial Status. ..................................................................................................... 13 Article 14 Performance Reporting.............................................................................................13
14.1 Baseline Performance Measurement....................................................................................... 13
14.2 Section 24112(h) Report......................................................................................................... 14 Article 15 Noncompliance and Remedies..................................................................................15
15.1 Noncompliance Determinations.............................................................................................. 15
15.2 Remedies. ..............................................................................................................................15
15.3 Other Oversight Entities......................................................................................................... 16 Article 16 Agreement Termination............................................................................................16
16.1 USDOT Termination.............................................................................................................. 16
16.2 Closeout Termination............................................................................................................. 17
16.3 Post-Termination Adjustments. .............................................................................................. 17
16.4 Non-Terminating Events. ....................................................................................................... 17
16.5 Other Remedies...................................................................................................................... 17 Article 17 Monitoring, Financial Management, Controls, and Records......................................18
17.1 Recipient Monitoring and Record Retention. .......................................................................... 18
17.2 Financial Records and Audits................................................................................................. 18
17.3 Internal Controls. ................................................................................................................... 18 3 of 30
17.4 USDOT Record Access.......................................................................................................... 19 Article 18 Contracting and Subawards.......................................................................................19
18.1 Build America, Buy America. .............................................................................................. 19
18.2 Small and Disadvantaged Business Requirements................................................................... 21
18.3 Engineering and Design Services............................................................................................ 21
18.4 Foreign Market Restrictions. .................................................................................................. 21
18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment... 21
18.6 Recipient Responsibilities For Subawards. ............................................................................. 21
18.7 Subaward and Contract Authorization. ................................................................................... 22 Article 19 Costs, Payments, and Unexpended Funds .................................................................22
19.1 Limitation of Federal Award Amount..................................................................................... 22
19.2 Projects Costs......................................................................................................................... 22
19.3 Timing of Project Costs.......................................................................................................... 22
19.4 Recipient Recovery of Federal Funds. .................................................................................... 22
19.5 Unexpended Federal Funds. ................................................................................................... 22
19.6 Timing of Payments to the Recipient...................................................................................... 23
19.7 Payment Method.. .................................................................................................................. 23
19.8 Information Supporting Expenditures..................................................................................... 23
19.9 Reimbursement Frequency. .................................................................................................... 23 Article 20 Liquidation, Adjustments, and Funds Availability.....................................................23
20.1 Liquidation of Recipient Obligations...................................................................................... 23 Article 21 Agreement Modifications .........................................................................................23
21.1 Bilateral Modifications........................................................................................................... 23
21.2 Unilateral Contact Modifications............................................................................................ 24
21.3 USDOT Unilateral Modifications........................................................................................... 24
21.4 Other Modifications. .............................................................................................................. 24 Article 22 Climate Change and Environmental Justice ..............................................................24
22.1 Climate Change and Environmental Justice. ........................................................................... 24 Article 23 Racial Equity and Barriers to Opportunity ................................................................24
23.1 Racial Equity and Barriers to Opportunity. ............................................................................. 24 Article 24 Federal Financial Assistance, Administrative, and National Policy Requirements.....25
24.1 Uniform Administrative Requirements for Federal Awards..................................................... 25
24.2 Federal Law and Public Policy Requirements......................................................................... 25
24.3 Federal Freedom of Information Act....................................................................................... 25
24.4 History of Performance. ......................................................................................................... 25
24.5 Whistleblower Protection. ...................................................................................................... 25
24.6 External Award Terms and Obligations. ................................................................................. 25
24.7 Incorporated Certifications. .................................................................................................... 26 Article 25 Assignment...............................................................................................................26
25.1 Assignment Prohibited. .......................................................................................................... 26 Article 26 Waiver......................................................................................................................26
26.1 Waivers..................................................................................................................................26 Article 27 Additional Terms and Conditions .............................................................................27
27.1 Effect of Action Plan or Implementation Plan......................................................................... 27
27.2 Disclaimer of Federal Liability............................................................................................... 27
27.3 Environmental Review........................................................................................................... 27
27.4 Railroad Coordination............................................................................................................ 28
27.5 Relocation and Real Property Acquisition. ............................................................................. 28
27.6 Equipment Disposition........................................................................................................... 29 Article 28 Mandatory Award Information .................................................................................29 4 of 30
28.1 Information Contained in a Federal Award. ............................................................................ 29 Article 29 Construction and Definitions....................................................................................29
29.1 Attachments........................................................................................................................... 29
29.2 Exhibits..................................................................................................................................29
29.3 Construction........................................................................................................................... 30
29.4 Integration..............................................................................................................................30
29.5 Definitions. ............................................................................................................................30 Article 30 Agreement Execution and Effective Date..................................................................30
30.1 Counterparts........................................................................................................................... 30
30.2 Effective Date. ....................................................................................................................... 30 5 of 30
Index of Definitions
Administering Operating Administration.....................................................................................7 Environmental Review Entity…………………………………………………………………....25 Federal Share ............................................................................................................................11 FHWA ........................................................................................................................................7 NOFO.........................................................................................................................................6 OMB.........................................................................................................................................11 Program Statute.........................................................................................................................28 Project……………………………………………………………………………………………19
Project Closeout........................................................................................................................16 SS4A Grant...............................................................................................................................28 USDOT.......................................................................................................................................6 6 of 30
GENERAL TERMS AND CONDITIONS
The Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “Bipartisan Infrastructure Law” or “BIL”) established the Safe Streets and Roads for All (SS4A) Discretionary Grant Program (BIL Section 24112) and appropriated funds to the United States Department of Transportation (the “USDOT”) under Division J, Title VIII of BIL to implement the program. The funds are available to provide Federal financial assistance to support local initiatives to prevent death and serious injury on roads and streets, commonly referred to as “Vision Zero” or “Toward Zero Deaths” initiatives.
The USDOT published a Notice of Funding Opportunity (the “NOFO”) to solicit applications for Federal financial assistance in Fiscal Year 2022 for the SS4A Discretionary Grant Program (87 Fed. Reg. 31606 (May 24, 2022; subsequently amended in 87 Fed. Reg. 47818 on August 4, 2022).
These general terms and conditions are incorporated by reference in a project-specific grant agreement under the fiscal year 2022 SS4A grant program. Articles 1–6 are in the projectspecific portion of the agreement. The term “Recipient” is defined in the project-specific portion of the agreement. Attachments A through D are project-specific attachments.
ARTICLE 7
PURPOSE
7.1 Purpose. The purpose of this award is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development or projects focused on all users, including pedestrians, bicyclists, public transportation users, motorists, personal conveyance and micromobility users, and commercial vehicle operators. The parties will accomplish that purpose by achieving the following objectives:
(1) timely completing the Project; and
(2) ensuring that this award does not substitute for non-Federal investment in the Project, except as proposed in the Grant Application, as modified by section 3.3 and Attachment B.
ARTICLE 8
USDOT ROLE
8.1 Division of USDOT Responsibilities.
(a) The Office of the Secretary of Transportation is ultimately responsible for the USDOT’s administration of the SS4A Grant Program.
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(b) The Federal Highway Administration (the “FHWA”) will administer this grant agreement on behalf of the USDOT. In this agreement, the “Administering Operating Administration” means the FHWA.
8.2 USDOT Program Contacts.
FHWA Safe Streets and Roads for All
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue SE
HSA-1, Mail Drop E71-117
Washington, DC 20590
[email protected]
(202) 366-2201
and
[enter FHWA Division Office lead point of contact]
[enter address]
[enter email address]
[enter telephone]
ARTICLE 9
RECIPIENT ROLE
9.1 Statements on the Project. The Recipient states that:
(1) all material statements of fact in the Grant Application were accurate when that application was submitted; and
(2) Attachment B documents all material changes in the information contained in that application.
9.2 Statements on Authority and Capacity. The Recipient states that:
(1) it has the authority to receive Federal financial assistance under this agreement; (2) It has the legal authority to complete the Project, including either ownership and/or maintenance responsibilities over a roadway network; safety responsibilities that affect roadways; or has an agreement from the agency that has ownership and/or maintenance responsibilities for the roadway within the applicant’s jurisdiction; if applicable.
(3) it has the capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement;
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(4) not less than the difference between the “Total Eligible Project Cost” and the “SS4A Grant Amount” listed in section 3.3 are committed to fund the Project; (5) it has sufficient funds available, or an agreement with the agency that has ownership and/or maintenance responsibilities for the roadway within the recipient’s jurisdiction, to ensure that infrastructure completed or improved under this agreement will be operated and maintained in compliance with this agreement and applicable Federal law; and
(6) the individual executing this agreement on behalf of the Recipient has authority to enter this agreement and make the statements in this article 9 and in section 24.7 on behalf of the Recipient.
9.3 USDOT Reliance. The Recipient acknowledges that:
(1) the USDOT relied on statements of fact in the Grant Application to select the Project to receive this award;
(2) the USDOT relied on statements of fact in both the Grant Application and this agreement to determine that the Recipient and the Project are eligible under the terms of the NOFO;
(3) the USDOT relied on statements of fact in both the Grant Application and this agreement to establish the terms of this agreement; and (4) the USDOT’s selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants.
9.4 Project Delivery.
(a) The Recipient shall complete the Project under the terms of this agreement. (b) The Recipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all applicable Federal laws, regulations, and policies. (c) The Recipient shall provide any certifications or assurances deemed necessary by the USDOT in ensuring the Recipient’s compliance with all applicable laws, regulations, and policies.
(d) The Recipient shall provide access to records as provided at 2 CFR 200.337.
9.5 Rights and Powers Affecting the Project.
(a) The Recipient shall not take or permit any action that deprives it of any rights or powers necessary to the Recipient’s performance under this agreement without written approval of the USDOT.
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(b) The Recipient shall act, in a manner acceptable to the USDOT, promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient’s performance under this agreement.
9.6 Notification of Changes to Key Personnel. The Recipient shall notify all USDOT representatives who are identified in Section 4.4 in writing within 30 calendar days of any change in key personnel who are identified in Section 4.3.
ARTICLE 10
AWARD AMOUNT, OBLIGATION, AND TIME PERIODS
10.1 Federal Award Amount. The USDOT hereby awards a SS4A Grant to the Recipient in the amount listed in Section 2.2 as the SS4A Grant Amount.
10.2 Federal Obligations.
This agreement obligates for the budget period listed in section 2.5 of the grant agreement.
(a) If the Federal Obligation Type identified in section 2.3 is “Single,” then the projectspecific agreement obligates for the budget period the amount listed in section 2.2. as the Grant Amount and sections 10.2 (c)–10.2(f) do not apply to the project specific agreement.
(b) If the Federal Obligation Type identified in section 2.3 is “Multiple,” then an amount up to the Grant Amount listed in section 2.2 will be obligated with one initial obligation and one or more subsequent, optional obligations, as described in sections 10.2(c)–
10.2(f).
(c) The Obligation Condition Table in section 2.3 allocates the Grant among separate portions of the Project for the purpose of the Federal obligation of funds. The scope of each portion of the Project that is identified in that table is described in section 2.3. (d) The project-specific agreement obligates for the budget period only the amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table does not list an obligation condition. (e) The project-specific agreement does not obligate amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table lists an obligation condition. The parties may obligate the amounts allocated to those portions of the Project only by modifying the project specific agreement under section 21. (f) For each portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, the amount allocated in that table to that portion of the Project will be obligated if the condition is met not later than the date listed in Section 2.5 of the project-specific agreement.
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(g) For any portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, if the obligation condition is satisfied, the parties amend this agreement documenting that:
(1) the FHWA determines that the obligation condition listed in that table for that portion of the Project is satisfied; and
(2) the FHWA determines that all applicable Federal requirements for obligating the amount are satisfied.
(h) The Recipient shall not request reimbursement of costs for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section
10.2(c)-(f).
(i) Reserved.
(j) The Recipient acknowledges that:
(1) the FHWA is not liable for payments for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 10.2(c)-(f);
(2) any portion of the Grant that is not obligated under this section 10.2 by the budget period end date identified in the project-specific agreement for those funds lapses on the day after that date and becomes unavailable for the Project; and (3) the FHWA may consider the failure to obligate funds by the budget period end date identified in the project-specific agreement as applicable to the Grant Program for those funds to be a basis for terminating the project-specific agreement under section 16.
10.3 Budget Period
The budget period for this award begins on the date of this agreement and ends on the budget period end date that is listed in section 2.5, which shall be no later than 5 years from the date of grant execution. In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1.
10.4 Period of Performance.
(a) The period of performance for this award begins on the effective date of award listed in page 1 item 2 and ends on the period of performance end date that is listed in Section 2.3. (b) In this agreement, “period of performance” is used as defined at 2 C.F.R. 200.1. 11 of 30
ARTICLE 11
STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES
11.1 Notification Requirement. The Recipient shall notify all USDOT representatives who are identified in section 4.4 in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Recipient’s plan to complete the Project. In that notification, the Recipient shall describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. This notification requirement under this section 11.1 is separate from any requirements under this article 11 that the Recipient request amendment of this agreement.
11.2 Statement of Work Changes. If the Project’s activities differ from the statement of work that is described in section 3.1 and Attachment B, then the Recipient shall request an amendment of this agreement to update section 3.1.
11.3 Schedule Changes. If one or more of the following conditions are satisfied, then the Recipient shall request an amendment of this agreement to update the relevant dates:
(1) a substantial completion date for the Project or a component of the Project is listed in section 3.2 and the Recipient’s estimate for that milestone changes to a date that is more than six months after the date listed in section 3.2; or (2) a schedule change would require the period of performance to continue after the period of performance end date listed in section 2.4.
For other schedule changes, the Recipient shall request an amendment of this agreement unless the USDOT has consented, in writing consistent with applicable requirements, to the change.
11.4 Budget Changes.
(a) The Recipient acknowledges that if the cost of completing the Project increases:
(1) that increase does not affect the Recipient’s obligation under this agreement to complete the Project; and
(2) the USDOT will not increase the amount of this award to address any funding shortfall.
(b) The Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B if, in comparing the Project’s budget to the amounts listed in section 3.3:
(1) the “Non-Federal Funds” amount decreases; or
(2) the “Total Eligible Project Cost” amount decreases. 12 of 30
(c) For budget changes that are not identified in section 11.4(b), the Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B unless the USDOT has consented, in writing consistent with applicable requirements, to the change. (d) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3, then the Recipient may propose to the USDOT, in writing consistent with applicable requirements, specific additional activities that are within the scope of this award, as defined in sections 7.1 and 3.1, and that the Recipient could complete with the difference between the “Total Eligible Project Cost” that is listed in section 3.3 and the actual eligible project costs.
(e) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3 and either the Recipient does not make a proposal under section
11.4(d) or the USDOT does not accept the Recipient’s proposal under section 11.4(d), then:
(1) in a request under section 11.4(b), the Recipient shall reduce the Federal Share by the difference between the “Total Eligible Project Cost” that is listed in section
3.3 and the actual eligible project costs; and
(2) if that amendment reduces this award and the USDOT had reimbursed costs exceeding the revised award, the Recipient shall request to add additional project work that is within the scope of this project.
In this agreement, “Federal Share” means the sum of the “SS4A Action Plan or Implementation Grant Amount” and the “Other Federal Funds” amounts that are listed in section 3.3.
(f) The Recipient acknowledges that amounts that are required to be refunded under section
11.4(e)(2) constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999).
11.5 USDOT Acceptance of Changes. The USDOT may accept or reject amendments requested under this article 11, and in doing so may elect to consider only the interests of the SS4A grant program and the USDOT. The Recipient acknowledges that requesting an amendment under this article 11 does not amend, modify, or supplement this agreement unless the USDOT accepts that amendment request and the parties modify this agreement under section 21.1.
ARTICLE 12
GENERAL REPORTING TERMS
12.1 Report Submission. The Recipient shall send all reports required by this agreement to all USDOT contacts who are listed in section 4.4. Reports will be added to a central repository maintained by FHWA.
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12.2 Alternative Reporting Methods. FHWA may establish processes for the Recipient to submit reports required by this agreement, including electronic submission processes. If the Recipient is notified of those processes in writing, the Recipient shall use the processes required by the FHWA.
12.3 Paperwork Reduction Act Notice.
Under 5 C.F.R. 1320.6, the Recipient is not required to respond to a collection of information that does not display a currently valid control number issued by the Office of Management and Budget (the “OMB”). Collections of information conducted under this agreement are approved under OMB Control No. 2125-0675.
ARTICLE 13
PROGRESS AND FINANCIAL REPORTING
13.1 Quarterly Program Performance Reports. Quarterly, on or before the 20th day of the first month of each calendar year (e.g., reports due on or before January 20th, April 20th, July 20th, and October 20th) and until the end of the period of performance, the Recipient shall submit to the USDOT a Quarterly Project Progress Report in the format and with the content described in Exhibit C (SF-PPR). If the date of this agreement is in the final month of a calendar year, then the Recipient shall submit the first Quarterly Project Progress Report in the second calendar year that begins after the date of this agreement.
13.2 Quarterly Financial Status. Quarterly, on or before the 20th day of the first month of each calendar year, the Recipient shall submit a Federal Financial Report using SF-425.
ARTICLE 14
PERFORMANCE REPORTING
14.1 Baseline Performance Measurement. If the Designation in Section 2.5 is “Implementation,” then:
(1) the Recipient shall collect data for each performance measure that is identified in the Performance Measure Table in Attachment A, accurate as of the Baseline Measurement Date that is identified in Attachment A; and (2) on or before the Baseline Report Date that is stated in Attachment A, the Recipient shall submit a Baseline Performance Measurement Report that contains the data collected under this section 14.1 and a detailed description of the data sources, assumptions, variability, and estimated levels of precision for each performance measure that is identified in the Performance Measure Table in Attachment A.
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14.2 Section 24112(h) Report: The Recipient shall submit to the USDOT, not later than 120 days after the end of the period of performance, a report that describes, consistent with section 24112(g) of BIL:
(1) the costs of carrying out the project;
(2) the outcomes and benefits that each eligible project generated as identified in the grant application and measured by data to the maximum extent practicable (i.e. number of fatalities and serious injuries that occurred within the limits of the project location); and
(3) the lessons learned, and any recommendations related to future projects or strategies to prevent death and serious injuries on roads and streets.
14.3 Performance Measurement Information.
For each performance measure that is identified in the Performance Measure Table in Attachment A, not later than January 31 of each year that follows a calendar year within the period of performance during which data was collected, the Recipient shall submit to the USDOT a Performance Measurement Report containing the data collected in the previous calendar year and stating the dates when the data was collected.
14.4 Performance Reporting Survival.
The data collection and reporting requirements in this article 14 survive the termination of this agreement which is three years post period of performance.
14.5 Program Evaluation.
As a condition of grant award, the recipient may be required to participate in an evaluation undertaken by USDOT, or another agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients, an impact and/or outcomes analysis of all or selected sites within or across grant recipients, or a benefit/cost analysis or assessment of return on investment. The Department may require applicants to collect data elements to aid the evaluation. As a part of the evaluation, as a condition of award, grant recipients must agree to: (1) make records available to the evaluation contractor; (2) provide access to program records, and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or USDOT staff.
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ARTICLE 15
NONCOMPLIANCE AND REMEDIES
15.1 Noncompliance Determinations.
(a) If the USDOT determines that the Recipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this agreement, the USDOT may notify the Recipient of a proposed determination of noncompliance. For the notice to be effective, it must be written and the USDOT must include an explanation of the nature of the noncompliance, describe a remedy, state whether that remedy is proposed or effective at an already determined date, and describe the process through and form in which the Recipient may respond to the notice.
(b) If the USDOT notifies the Recipient of a proposed determination of noncompliance under section 15.1(a), the Recipient may, not later than 7 calendar days after the notice, respond to that notice in the form and through the process described in that notice. In its response, the Recipient may:
(1) accept the remedy;
(2) acknowledge the noncompliance, but propose an alternative remedy; or (3) dispute the noncompliance.
To dispute the noncompliance, the Recipient must include in its response documentation or other information supporting the Recipient’s compliance. (c) The USDOT may make a final determination of noncompliance only:
(1) after considering the Recipient’s response under section 15.1(b); or (2) if the Recipient fails to respond under section 15.1(b), after the time for that response has passed.
(d) To make a final determination of noncompliance, the USDOT must provide a notice to the Recipient that states the bases for that determination.
15.2 Remedies.
(a) If the USDOT makes a final determination of noncompliance under section 15.1(d), the USDOT may impose a remedy, including:
(1) additional conditions on the award;
(2) any remedy permitted under 2 C.F.R. 200.339–200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to USDOT; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; or
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(3) any other remedy legally available.
(b) To impose a remedy, the USDOT must provide a written notice to the Recipient that describes the remedy, but the USDOT may make the remedy effective before the Recipient receives that notice.
(c) If the USDOT determines that it is in the public interest, the USDOT may impose a remedy, including all remedies described in section 15.2(a), before making a final determination of noncompliance under section 15.1(d). If it does so, then the notice provided under section 15.1(d) must also state whether the remedy imposed will continue, be rescinded, or modified.
(d) In imposing a remedy under this section 15.2 or making a public interest determination under section 15.2(c), the USDOT may elect to consider the interests of only the USDOT.
(e) The Recipient acknowledges that amounts that the USDOT requires the Recipient to refund to the USDOT due to a remedy under this section 15.2 constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999).
15.3 Other Oversight Entities.
Nothing in this article 15 limits any party’s authority to report activity under this agreement to the United States Department of Transportation Inspector General or other appropriate oversight entities.
ARTICLE 16
AGREEMENT TERMINATION
16.1 USDOT Termination.
(a) The USDOT may terminate this agreement and all of its obligations under this agreement if any of the following occurs:
(1) the Recipient fails to obtain or provide any non-SS4A Grant contribution (all eligible project costs other than the SS4A Grant Amount, as described in section
3.2 table (a) of the grant agreement) or alternatives approved by the USDOT as provided in this agreement and consistent with article 3; (2) a construction start date for the Project or Strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section
3.2;
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(3) a substantial completion date for the Project or Strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section 3.2;
(4) the Recipient fails to comply with the terms and conditions of this agreement, including a material failure to comply with the schedule in section 3.2 even if it is beyond the reasonable control of the Recipient; or,
(5) the USDOT determines that termination of this agreement is in the public interest. (6) the Recipient fails to expend the funds within 5 years after the date on which the government executes the grant agreement, which is the date funds are provided for the project.
(b) In terminating this agreement under this section, the USDOT may elect to consider only the interests of the USDOT.
(c) This section 16.1 does not limit the USDOT’s ability to terminate this agreement as a remedy under section 15.2.
(d) The Recipient may request that the USDOT terminate the agreement under this section
16.1. 16.2 Closeout Termination.
(a) This agreement terminates on Project Closeout.
(b) In this agreement, “Project Closeout” means the date that the USDOT notifies the Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout should occur no later than one year after the end of the period of performance.
16.3 Post-Termination Adjustments. The Recipient acknowledges that under 2 C.F.R. 200.345–200.346, termination of the agreement does not extinguish the USDOT’s authority to disallow costs, including costs that USDOT reimbursed before termination, and recover funds from the Recipient.
16.4 Non-Terminating Events.
(a) The end of the period of performance described under section 10.4 does not terminate this agreement or the Recipient’s obligations under this agreement. (b) The liquidation of funds under section 20.1 does not terminate this agreement or the Recipient’s obligations under this agreement.
16.5 Other Remedies. The termination authority under this article 16 supplements and does not limit the USDOT’s remedial authority under article 15 or 2 C.F.R. part 200, including 2 C.F.R. 200.339–200.340.
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ARTICLE 17
MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS
17.1 Recipient Monitoring and Record Retention.
(a) The Recipient shall monitor activities under this award, including activities under subawards and contracts, to ensure:
(1) that those activities comply with this agreement; and (2) that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award. (b) If the Recipient makes a subaward under this award, the Recipient shall monitor the activities of the subrecipient in compliance with 2 C.F.R. 200.332(d). (c) The Recipient shall retain records relevant to the award as required under 2 C.F.R. 200.334.
17.2 Financial Records and Audits.
(a) The Recipient shall keep all project accounts and records that fully disclose the amount and disposition by the Recipient of the award funds, the total cost of the Project, and the amount or nature of that portion of the cost of the Project supplied by other sources, and any other financial records related to the project.
(b) The Recipient shall keep accounts and records described under section 17.2(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 200.301–200.303, 2 C.F.R. part 200, subpart F, and title 23, United States Code, and will facilitate an effective audit in accordance with 31 U.S.C. 7501–7506. (c) The Recipient shall separately identify expenditures under the fiscal year 2022 SS4A grants program in financial records required for audits under 31 U.S.C. 7501–7506.
Specifically, the Recipient shall:
(1) list expenditures under that program separately on the schedule of expenditures of Federal awards required under 2 C.F.R. part 200, subpart F, including “FY 2022” in the program name; and
(2) list expenditures under that program on a separate row under Part II, Item 1 (“Federal Awards Expended During Fiscal Period”) of Form SF-SAC, including “FY 2022” in column c (“Additional Award Identification”).
17.3 Internal Controls. The Recipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303.
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17.4 USDOT Record Access. The USDOT may access Recipient records related to this award under 2 C.F.R. 200.337.
ARTICLE 18
CONTRACTING AND SUBAWARDS
18.1 Build America, Buy America. This award term implements § 70914(a) of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021) and Office of Management and Budget (OMB) Memorandum M-22-11, “Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.”
Requirement to Use Iron, Steel, Manufactured Products, and Construction Materials Produced in the United States.
The Recipient shall not use funds provided under this award for a project for infrastructure unless:
(1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product; and
(3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.
Inapplicability.
The domestic content procurement preference in this award term only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Waivers.
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When necessary, the Recipient may apply for, and the USDOT may grant, a waiver from the domestic content procurement preference in this award term.
A request to waive the application of the domestic content procurement preference must be in writing. The USDOT will provide instructions on the waiver process and on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Office of Management and Budget (OMB) Made in America Office.
When the USDOT has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the USDOT determines that:
(1) applying the domestic content procurement preference would be inconsistent with the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.
There may be instances where an award qualifies, in whole or in part, for an existing waiver described at https://www.transportation.gov/office-policy/transportation-policy/made-in-america.
Definitions
“Construction materials” includes an article, material, or supply—other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of:
• non-ferrous metals;
• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);
• glass (including optic glass);
• lumber; or
• drywall.
“Domestic content procurement preference” means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. “Primarily iron or steel” means that the cost of the iron and steel content in the article, material, or supply exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron 21 of 30
or steel components. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
“Project” means the construction, alteration, maintenance, or repair of infrastructure in the United States.
(a) Construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America, Buy America Act, Pub. L. No. 117-58, div.
G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021), as implemented by OMB, USDOT, and FHWA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).
(b) Under 2 C.F.R. 200.322, as appropriate and to the extent consistent with law, the Recipient should, to the greatest extent practicable under this award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The Recipient shall include the requirements of 2 C.F.R. 200.322 in all subawards including all contracts and purchase orders for work or products under this award.
18.2 Small and Disadvantaged Business Requirements. The Recipient shall expend all funds under this award in compliance with the requirements at 2 C.F.R. 200.321 (“Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms”).
18.3 Engineering and Design Services. The Recipient shall award each contract or subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner that a contract for architectural and engineering services is negotiated under 2 CFR 200.320or an equivalent qualifications-based requirement prescribed for or by the Recipient.
18.4 Foreign Market Restrictions. The Recipient shall not allow funds provided under this award to be used to fund the use of any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. The Recipient acknowledges that Section 889 of Pub. L. No. 115-232, 2 C.F.R. 200.216 and 2 C.F.R. 200.471 prohibit the Recipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award.
18.6 Recipient Responsibilities For Subawards. If the Recipient makes a subaward under this award, the Recipient shall comply with the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333. 22 of 30
18.7 Subaward and Contract Authorization.
If the USDOT Office for Subaward and Contract Authorization identified in section 5.1 is “FHWA Office of Acquisition and Grants Management,” then the Recipient shall obtain prior written approval from the USDOT agreement officer for the subaward or contracting out of any work under this agreement for Action Plan awards. This provision does not apply to the acquisition of supplies, material, equipment or general support services. That approval will be contingent upon a fair and reasonable price determination on the part of the Recipient and the agreement officer’s concurrence on that determination.
ARTICLE 19
COSTS, PAYMENTS, AND UNEXPENDED FUNDS
19.1 Limitation of Federal Award Amount. Under this award, the USDOT shall not provide funding greater than the amount obligated on the SS4A Grant cover page, Item 11, Federal Funds Obligated. The Recipient acknowledges that USDOT is not liable for payments exceeding that amount, and the Recipient shall not request reimbursement of costs exceeding that amount.
19.2 Projects Costs. This award is subject to the cost principles at 2 C.F.R. part 200 subpart E, including provisions on determining allocable costs and determining allowable costs.
19.3 Timing of Project Costs.
(a) The Recipient shall not charge to this award costs that are incurred after the period of performance.
(b) The Recipient shall not charge to this award costs that were incurred before the effective date of award of this agreement, unless there has been an approval pre-award costs under 2 C.F.R. 200.458. pre-award costs under 2 C.F.R. 200.458.
19.4 Recipient Recovery of Federal Funds. The Recipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT determines, after consultation with the Recipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award. The Recipient shall not enter a settlement or other final position, in court or otherwise, involving the recovery of funds under the award unless approved in advance in writing by the USDOT.
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19.6 Timing of Payments to the Recipient. When reimbursement is used, the Recipient shall not request reimbursement of a cost before the Recipient has entered an obligation for that cost.
19.7 Payment Method. The USDOT may deny a payment request that is not submitted using the method identified in section 5.2.
19.8 Information Supporting Expenditures
(a) If the USDOT Payment System identified in section 5.2 is “DELPHI eInvoicing,” then when requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit the SF 270 (Request for Advance or Reimbursement), shall identify the Federal share and the Recipient’s share of costs, and shall submit supporting cost detail to clearly document all costs incurred. As supporting cost detail, the Recipient shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, and travel.
(b) If the Recipient submits a request for reimbursement that the USDOT determines does not include or is not supported by sufficient detail, the USDOT may deny the request or withhold processing the request until the Recipient provides sufficient detail.
19.9 Reimbursement Frequency. If the USDOT Payment System identified in section 5.2 is “DELPHI eInvoicing,” then the Recipient shall not request reimbursement more frequently than monthly.
ARTICLE 20
LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY
20.1 Liquidation of Recipient Obligations.
(a) The Recipient shall liquidate all obligations of award funds under this agreement not later than the earlier of (1) 120 days after the end of the period of performance or (2) the statutory availability to eligible entities date, which shall be 5 years after the date on which the grant is provided.
(b) Liquidation of obligations and adjustment of costs under this agreement follow the requirements of 2 C.F.R. 200.344–200.346.
ARTICLE 21
AGREEMENT MODIFICATIONS
21.1 Bilateral Modifications. The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the USDOT and the Recipient. Either party 24 of 30
may request to amend, modify, or supplement this agreement by written notice to the other party.
21.2 Unilateral Contact Modifications.
(a) The USDOT may update the contacts who are listed in sections 4.4 by written notice to all of the Recipient contacts who are listed in section 4.3.
21.3 USDOT Unilateral Modifications.
(a) The USDOT may unilaterally modify this agreement to comply with Federal law, including the Program Statute.
(b) To unilaterally modify this agreement under this section 21.3(a), the USDOT must provide a notice to the Recipient that includes a description of the modification and state the date that the modification is effective.
21.4 Other Modifications. The parties shall not amend, modify, or supplement this agreement except as permitted under sections 21.1, 21.2, or 21.3. If an amendment, modification, or supplement is not permitted under section 21.1, not permitted under section 21.2, and not permitted under section 21.3, it is void.
ARTICLE 22
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE
22.1 Climate Change and Environmental Justice. Consistent with Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad” (Jan. 27, 2021), Attachment C documents the consideration of climate change and environmental justice impacts of the Project.
ARTICLE 23
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
23.1 Racial Equity and Barriers to Opportunity. Consistent with Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” (Jan. 20, 2021), Attachment D documents activities related to the Project to improve racial equity and reduce barriers to opportunity. 25 of 30
ARTICLE 24
FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL
POLICY REQUIREMENTS
24.1 Uniform Administrative Requirements for Federal Awards. The Recipient shall comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201.
24.2 Federal Law and Public Policy Requirements.
(a) The Recipient shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements:
including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.
(b) The failure of this agreement to expressly identify Federal law applicable to the Recipient or activities under this agreement does not make that law inapplicable.
24.3 Federal Freedom of Information Act.
(a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552. (b) The Recipient acknowledges that the Technical Application and materials submitted to the USDOT by the Recipient related to this agreement may become USDOT records subject to public release under 5 U.S.C. 552.
24.4 History of Performance. Under 2 C.F.R 200.206, any Federal awarding agency may consider the Recipient’s performance under this agreement when evaluating the risks of making a future Federal financial assistance award to the Recipient.
24.5 Whistleblower Protection.
(a) The Recipient acknowledges that it is a “grantee” within the scope of 41 U.S.C. 4712, which prohibits the Recipient from taking certain actions against an employee for certain disclosures of information that the employee reasonably believes are evidence of gross mismanagement of this award, gross waste of Federal funds, or a violation of Federal law related this this award.
(b) The Recipient shall inform its employees in writing of the rights and remedies provided under 41 U.S.C. 4712, in the predominant native language of the workforce.
24.6 External Award Terms and Obligations.
(a) In addition to this document and the contents described in article 29, this agreement includes the following additional terms as integral parts:
(1) Appendix A to 2 C.F.R. part 25: System for Award Management and Universal Identifier Requirements;
26 of 30
(2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation;
(3) 2 C.F.R 175.15(b): Trafficking in Persons; and
(4) Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient Integrity and Performance Matters.
(b) The Recipient shall comply with:
(1) 49 C.F.R. part 20: New Restrictions on Lobbying;
(2) 49 C.F.R. part 21: Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964;
(3) 49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; and
(4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free Workplace (Financial Assistance).
24.7 Incorporated Certifications. The Recipient makes the statements in the following certifications, which are incorporated by reference:
(1) Appendix A to 49 CFR part 20 (Certification Regarding Lobbying).
ARTICLE 25
ASSIGNMENT
25.1 Assignment Prohibited. The Recipient shall not transfer to any other entity any discretion granted under this agreement, any right to satisfy a condition under this agreement, any remedy under this agreement, or any obligation imposed under this agreement.
ARTICLE 26
WAIVER
26.1 Waivers.
(a) A waiver granted by USDOT under this agreement will not be effective unless it is in writing and signed by an authorized representative of USDOT. (b) A waiver granted by USDOT under this agreement on one occasion will not operate as a waiver on other occasions.
27 of 30
(c) If USDOT fails to require strict performance of a provision of this agreement, fails to exercise a remedy for a breach of this agreement, or fails to reject a payment during a breach of this agreement, that failure does not constitute a waiver of that provision or breach.
ARTICLE 27
ADDITIONAL TERMS AND CONDITIONS
27.1 Effect of Action Plan or Implementation Plan. Based on information that the Recipient provided to the USDOT, including the Technical Application, at indicated in section 2.5, this agreement designates this award as an Action Plan award or a Implementation award, as defined in the NOFO. The Recipient shall comply with the requirements that accompany that designation on minimum award size, geographic location, and cost sharing.
27.2 Disclaimer of Federal Liability. The USDOT shall not be responsible or liable for any damage to property or any injury to persons that may arise from, or be incident to, performance or compliance with this agreement.
27.3 Environmental Review
(a) In this section, “Environmental Review Entity” means:
(1) if the Project is located in a State that has assumed responsibilities for environmental review activities under 23 U.S.C. 326 or 23 U.S.C. 327 and the Project is within the scope of the assumed responsibilities, the State; and
(2) for all other cases, the FHWA.
(b) Except as authorized under section 27.3(c), the Recipient shall not begin final design; acquire real property, construction materials, or equipment; begin construction; or take other actions that represent an irretrievable commitment of resources for the Project unless and until:
(1) the Environmental Review Entity complies with the National Environmental Policy Act, 42 U.S.C. 4321 to 4370m-12, and any other applicable environmental laws and regulations; and
(2) if the Environmental Review Entity is not the Recipient, the Environmental Review Entity provides the Recipient with written notice that the environmental review process is complete.
(c) If the Recipient is using procedures for early acquisition of real property under 23 C.F.R. 710.501 or hardship and protective acquisitions of real property 23 C.F.R. 710.503, the Recipient shall comply with 23 C.F.R. 771.113(d)(1). 28 of 30
(d) The Recipient acknowledges that:
(1) the Environmental Review Entity’s actions under section 27.3(a) depend on the Recipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and
(2) applicable environmental statutes and regulation may require the Recipient to prepare and submit documents to other Federal, State, and local agencies. (e) Consistent with 23 C.F.R. 771.105(a), to the extent practicable and consistent with Federal law, the Recipient shall coordinate all environmental investigations, reviews, and consultations as a single process.
(f) The activities described in this agreement may inform environmental decision-making processes, but the parties do not intend this agreement to document the alternatives under consideration under those processes. If a build alternative is selected that does not align information in this agreement, then:
(1) the parties may amend this agreement under section 21.1 for consistency with the selected build alternative; or
(2) if the USDOT determines that the condition at section 16.1(a)(5) is satisfied, the USDOT may terminate this agreement under section 16.1(a)(5). (g) The Recipient shall complete any mitigation activities described in the environmental document or documents for the Project, including the terms and conditions contained in the required permits and authorizations for the Project.
27.4 Railroad Coordination. If the agreement includes one or more milestones identified as a “Railroad Coordination Agreement,” then for each of those milestones, the Recipient shall enter a standard written railroad coordination agreement, consistent with 23 C.F.R. 646.216(d), no later than the deadline date identified for that milestone, with the identified railroad for work and operation within that railroad’s right-of-way.
27.5 Relocation and Real Property Acquisition.
(a) The Recipient shall comply with the land acquisition policies in 49 C.F.R. part 24 subpart B and shall pay or reimburse property owners for necessary expenses as specified in that subpart.
(b) The Recipient shall provide a relocation assistance program offering the services described in 49 C.F.R. part 24 subpart C and shall provide reasonable relocation payments and assistance to displaced persons as required in 49 C.F.R. part 24 subparts D–E.
(c) The Recipient shall make available to displaced persons, within a reasonable period of time prior to displacement, comparable replacement dwellings in accordance with 49 C.F.R. part 24 subpart E.
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27.6 Equipment Disposition.
(a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Recipient or a subrecipient acquires equipment under this award, then when that equipment is no longer needed for the Project that entity shall request disposition instructions from the FHWA. (b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the disposition of equipment must be made in accordance with 2 C.F.R. 200.313–200.316 and 2 C.F.R. 1201.313.
(c) The Recipient shall ensure compliance with this section 27.6 for all tiers of subawards under this award.
ARTICLE 28
MANDATORY AWARD INFORMATION
28.1 Information Contained in a Federal Award. For 2 C.F.R. 200.211:
(1) the “Federal Award Date” is the date of this agreement, as defined under section
30.2;
(2) the “Assistance Listings Number” is 20.939 and the “Assistance Listings Title” is “Safe Streets and Roads for All Grant Program”; and
(3) this award is not for research and development.
ARTICLE 29
CONSTRUCTION AND DEFINITIONS
29.1 Attachments. This agreement includes the following attachments as integral parts:
Attachment A Performance Measurement Information
Attachment B Changes from Application
Attachment C Racial Equity and Barriers to Opportunity
Attachment D Climate Change and Environmental Justice Impacts Attachment E Labor and Workforce
Attachment F Critical Infrastructure Security and Resilience
29.2 Exhibits. The following exhibits, which are in the document titled “Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 SS4A Grant Program”, dated February 8, 2023, and available at [URL to be inserted when posted online], are part of this agreement.
Exhibit A Applicable Federal Laws and Regulations
Exhibit B Additional Standard Terms
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Exhibit C Quarterly Project Progress Reports and Recertifications: Format and Content
Exhibit D Form for Subsequent Obligation of Funds
29.3 Construction. If a provision in the exhibits or the attachments conflicts with a provision in articles 1–30, then the provision in articles 1–30 prevails. If a provision in the attachments conflicts with a provision in the exhibits, then the provision in the attachments prevails.
29.4 Integration. This agreement constitutes the entire agreement of the parties relating to the SS4A grant program and awards under that program and supersedes any previous agreements, oral or written, relating to the SS4A grant program and awards under that program.
29.5 Definitions. In this agreement, the following definitions apply:
“Program Statute” means the BIL section 24112 and statutory text under the heading “Safe Streets and Roads for All Grants” in title I of division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (November 15, 2021), and all other provisions of that act that apply to amounts appropriated under that heading. “Project” means the project proposed in the Grant Application, as modified by the negotiated provisions of this agreement, including article 3 and Attachments A–D. “SS4A Grant” means an award of funds that were made available under the NOFO. “Grant Application” means the application identified in section 2.1, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov.
ARTICLE 30
AGREEMENT EXECUTION AND EFFECTIVE DATE
30.1 Counterparts. This agreement may be executed in counterparts, which constitute one document. The parties intend each countersigned original to have identical legal effect.
30.2 Effective Date. The agreement will become effective when all parties have signed it. The date of this agreement will be the date this agreement is signed by the last party to sign it.
This instrument constitutes a SS4A Grant when the USDOT’s authorized representative signs it.
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2903700
EXHIBIT B
Accepted Proposal
September 20, 2023
Existing and Proposed Bikeways in the City of Seal Beach Request for Proposals
for
Safety Action Plan (SAP)
City of Seal Beach, CA
PREPARED FOR:
CITY OF SEAL BEACH
Public Works Department
211 Eighth Street
Seal Beach, CA 90740
PREPARED BY:
MINAGAR & ASSOCIATES, INC.
ITS – Traffic/Civil/Electrical Engineering – Transportation Planning – Homeland Security – CEM 23282 Mill Creek Drive, Suite 120
Laguna Hills, CA 92653
Sample Minagar & Associates, Inc. Signing & Truck Routes in the City of Seal Beach Striping Plans
Sample Minagar & Associates, Inc.’s
Intersection Improvement Map
REQUEST FOR PROPOSALS
FOR
SAFETY ACTION PLAN (SAP)
FOR THE
CITY OF SEAL BEACH
PUBLIC WORKS DEPARMENT
PRESENTED TO:
CITY OF SEAL BEACH
Public Works Department
211 Eighth Street
Seal Beach, CA 90740
PREPARED BY:
MINAGAR & ASSOCIATES, INC.
Traffic/Civil/Electrical Engineering - ITS - Transportation Planning - CEM 23282 Mill Creek Drive, Suite 120
Laguna Hills, CA 92653
Tel: (949) 707-1199
SEPTEMBER 20, 2023
MINAGAR & ASSOCIATES, INC.
Traffic/Civil/Electrical Engineering – ITS – Transportation Planning & CEM 23282 Mill Creek Road, Suite 120, Laguna Hills, CA 92653 Tel: (949) 707-1199, Web: www.minagarinc.com
3 Section 1 - Cover Letter
September 20, 2023
Ms. Kathryne Cho
Deputy Director of Public Works/City Engineer
Public Works Department
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Re: Request for Proposals for Safety Action Plan (SAP) in the City of Seal Beach, CA Dear Ms. Cho,
On behalf of the Minagar & Associates, Inc. team, I would like to take this opportunity to present to you our proposal for providing a Safety Action Plan (SAP) for the City of Seal Beach, CA.
Minagar & Associates, Inc., an “S” corporation, is a Southern California firm based in Laguna Hills, Orange County, CA, with national experience and international exposure.
Minagar is greatly experienced with the process of proposing, presenting, and executing traffic/transportation safety improvements, having successfully completed 45+ Safety Plans & Projects, including Local Roadway Safety Plans (LRSP), Federal and State Highway Safety Improvement Program (HSIP), Safe Routes to School (SR2S) and Active Transportation Program (ATP) Projects. Among these include:
City of San Pablo’s Local Roadway Safety Plan (LRSP)
City of Lemoore’s Local Roadway Safety Plan (LRSP)
City of Laguna Niguel’s Review and Approval as a Stakeholder of LRSP City of Colton’s Review as City Traffic Engineer of Local Roadway Safety Plan (LRSP) City of Huntington Park’s Local Roadway Safety Plan (LRSP) City of Guadalupe’s Local Roadway Safety Plan (LRSP)
City of Needles’ Local Roadway Safety Plan (LRSP)
City of Big Bear Lake’s Local Roadway Safety Plan (LRSP) City of Yucca Valley’s SR2S Engineering and PS&E
City of Burbank’s HSIP Cycle 3 Engineering Services for Verdugo & Keystone City of Burbank’s HSIP Cycle 4 Engineering Services for Verdugo Ave Bike Lane Extension City of Coachella’s HSIP-5294 (006) Engineering Services for Citywide Traffic Control & Street Name Sign Upgrade
City of Coachella’s ATP Cycle 1 ST-86 PS&E and Engineering Services for Citywide Active Transportation Program
City of Coachella’s ATP Cycle 2 ST-100 PS&E and Engineering Services for Citywide Active Transportation Program
City of Coachella’s SR2S Cycle 8 PS&E Engineering Services for Citywide Safe Routes to School Improvement Project
MINAGAR & ASSOCIATES, INC.
Traffic/Civil/Electrical Engineering – ITS – Transportation Planning & CEM 23282 Mill Creek Road, Suite 120, Laguna Hills, CA 92653 Tel: (949) 707-1199, Web: www.minagarinc.com
4 Since 1993, our firm has completed the following projects:
■ 900+ Nationwide Projects
■ 350+ Traffic and Safety Studies
■ 50+ Parking Studies
■ 25 Citywide Engineering and Traffic Speed Surveys (E&TS) ■ 400+ Traffic Control Plan (TCP), Traffic Signal & ITS Design Projects ■ 1,600+ Signals’ Retiming and Synchronization (951 in Southern, 550 in Northern California 107 in other States)
■ 120+ Plans, Specifications and Estimates (PS&E) Design Projects ■ 40+ ITS (Intelligent Transportation Systems) Design & Deployment Projects ■ 9 multi-year contracts as designated City Traffic Engineer Minagar & Associates, Inc. combines statewide and region-level expertise in traffic management with local responsiveness and knowledge. Fred brings the technical/institutional know-how as a former 24-year-elected Mayor/Mayor Pro Tem/Council Member and appointed Planning Commission Chairman & Commissioner and Traffic Commission Chairman and Commissioner.
As the Officer‐in‐Charge, I hereby accept all the terms and conditions outlined in the RFP and attest that the RFP shall be incorporated in its entirety as part of Minagar’s quote. We have all the necessary expertise and staff availabilities to provide the required services for the City of Seal Beach in an efficient and effective manner, and attest that all information submitted in this proposal is true and correct. I affirm that this proposal is valid in its entirety up to 90 days from the date of its submittal.
Please feel free to contact me directly with any additional questions you might have at (949) 707- 1199 ext. 2# or via e-mail at [email protected]. We look forward to the opportunity to work with staff and the local community in developing the City’s Safety Action Plan (SAP).
Sincerely,
MINAGAR & ASSOCIATES, INC. (a State of California SBE firm) Fred Minagar, MS, RCE, PE, FITE
President/Senior Project Manager
Section 2 – Table of Contents
TABLE OF CONTENTS
Section 1 - Cover Letter........................................................................................................... 3 Section 2 – Table of Contents................................................................................................. 5 Section 3 – Local Staffing List ................................................................................................ 6 Section 4 – Company Qualifications ...................................................................................... 7 Section 5 – Schedule/Hours...................................................................................................10 Section 6 – Project Understanding/Scope of Services.........................................................11 Section 7 – References...........................................................................................................17 Section 8 - Exceptions............................................................................................................23 Section 9 – Fee Proposal........................................................................................................23 Section 10 – Contract Signatories .........................................................................................23 Section 11 – DIR Registration/Contractor’s License ............................................................23 Section 12 – Business Entity .................................................................................................23
LIST OF APPENDICES
Appendix A: Key Personnel Resumes
REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
6 Section 3 – Local Staffing List
The foundation of our company’s success is the leadership and expertise of our President, Fred Minagar, MS, RCE, PE, FITE, who has engineered, managed, and administered over 900+ traffic engineering/transportation planning projects in the past 39 years of real-world experience. Fred is the proposed Project Manager and is authorized to negotiate this contract with the City.
Additionally, the following Minagar & Associates, Inc. staff members are proposed to provide services for the City of Seal Beach. Full resumes detailing qualifications and past experience of each project team member are provided in Appendix A.
Organization Chart
MINAGAR & ASSOCIATES, INC.
Michelle Nguyen, BSCE, EIT
Project Traffic Engineer
MINAGAR & ASSOCIATES, INC.
Fred Minagar, MS, PE, RCE, FITE
Project Manager
MINAGAR & ASSOCIATES, INC.
Firoz Vohra, MS, TE
Project Engineer/Principal Traffic Engineer
MINAGAR & ASSOCIATES, INC.
Serge Tavour, ASCE
Roadway & Intersection Geometry Evaluation
MINAGAR & ASSOCIATES, INC.
Jenny Tran, BSEE
Engineering Assessment & Report Preparation
MINAGAR & ASSOCIATES, INC.
Arian Abrishami, BSEE, PE, PMP
Signal Systems and Electrical Engineer
CITY OF SEAL BEACH
Ms. Iris Lee
Public Works Director
Ms. Kathryne Cho, PE
Deputy Public Works Director/City Traffic Engineer
MINAGAR & ASSOCIATES, INC.
Phillip Nguyen, BSCE, ENV SP
Assistant Traffic & Transportation Engineer
MINAGAR & ASSOCIATES, INC.
Nhi Hoang, BSCE
Traffic & Transportation Engineering Assistant
REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
7 Key Personnel Responsibility and Availability Chart
Project Team Members
Years of Experience
Percent Available (%)
Experience and Expertise
Project Coordination & ManagementSafety Data Collection/AnalysisStakeholder CoordinationReport PreparationCost EstimatingSpecs Fred Minagar, MS, PE, RCE, FITE 39 90
Arian Abrishami, MSEE, PE, PMP 38 70
Firoz Vohra, MS, TE 39 85
Serge Tavour, ASCE 36 90
Jenny Tran, BSEE 4 45
Michelle Nguyen, BSCE 4 65
Phillip Nguyen, BSCE, ENV SP 2 75
Nhi Hoang, BSCE 2 95
Section 4 – Company Qualifications
Minagar & Associates, Inc. is an established full-service traffic engineering firm, headquartered in Laguna Hills, CA. Minagar has 30 years of experience and is specialized in the areas of:
■ Traffic Engineering
■ Safety Assessment, LRSP, HSIP, SS4A, SAP
■ Intelligent Transportation Systems (ITS)
■ Traffic Control Plans (TCP)
■ Transportation Planning
■ Municipal Engineering Services
■ Construction Engineering Management (CEM)
Since Minagar & Associates, Inc.’s inception in 1993, the firm has completed over 900 traffic engineering projects in 14 counties and 86 cities in the State of California, as well as 17 other states from Hawaii to New York.
Our professional traffic services include safety studies, traffic impact analyses, environmental reports, traffic signal design and modification, travel time surveys, radar speed surveys (Engineering and Traffic Survey), civil engineering design, ITS and systems communication PS&E preparation, temporary traffic control (TTC) and work zone plans, Synchro™ and Highway Capacity Manual (HCM) traffic modeling & impact analysis, construction bid & advertisement services, and construction management/inspection services. 2004 - 2017
Irvine, CA
Founded in 1993….
Irvine, CA
2017 - Present
Laguna Hills, CA
REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
8 Over 85% of the Minagar & Associates, Inc.’s projects are from repeat clients and client referrals.
The following figures show some of Minagar & Associates, Inc.’s public and private sector clients over the past 30 years.
Representative Public
Clients Tree
Representative Private Sector
Clients Tree
REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
9 Successfully completed projects include:
■ 900+ Nationwide Projects
■ 350+ Traffic and Safety Studies
■ 50+ Parking Studies
■ 25 Citywide Engineering and Traffic Surveys (E&TS)
■ 9 multi-year contracts as designated City Traffic Engineer for the following public agencies:
- City of Rancho Santa Margarita
- City of South Pasadena - City of El Monte
- City of Baldwin Park - City of Gardena
- City of San Bernardino - City of Colton
- City of Chino Hills - City of Beaumont
■ 25 EIS/EIR Projects
■ 25 Traffic Control Plans (TCP)
■ 120+ Traffic Signal Operations Studies & Traffic Impact Analyses (TIA)
■ 1,600+ Synchronized & Retimed Signals and System Evaluations ■ 80 Plans, Specification & Estimates (PS&E)
■ 40+ ITS Projects
Minagar & Associates, Inc. is also the recipient of several local, regional, state and national awards in traffic signal timing and ITS. Recent notable awards include:
■ Orange County Engineering Council’s (OCEC) 2019 Outstanding Engineering Services Award
■ ASCE’s 2016 Outstanding Civil Engineer in the Private Sector in the State of California Award
■ ASCE Los Angeles Section’s Outstanding Civil Engineer in the Private Sector Award
■ ASCE Orange County’s 2016 Outstanding Civil Engineer in Private Sector Award ■ Orange County Engineering Council’s (OCEC) 2016 Outstanding Engineering Services Award
■ Cal-EPA/California Air Resource Board’s Cool California Climate Leader Award (2012)
■ ASCE’s Outstanding Private Sector Civil Engineering Project in Metropolitan Los Angeles
■ L.A. County Metro’s Award of Excellence for three separate years ■ Caltrans’ Excellence in Transportation Award in the State of California ■ ASCE’s Outstanding Public/Private Sector Civil Engineering Project in Metropolitan L.A.
■ APWA's Best Traffic Congestion Mitigation Project of the Year in Southern California
■ PTI’s Best Transportation Technology Solutions Award in the United States ■ ITS-CA’s Best Return on Investment Project Award in the State of California REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
10 Section 5 – Schedule/Hours
The proposed project schedule is shown below. This schedule is subject to change until its finalization at the kick-off meeting. Minagar is committed to completing and submitting the Final SAP to the City of Seal Beach within nine (9) months following the City’s Noticeto-Proceed. The total hours to perform this project from NTP to the completion shall be 1,241 hours based upon the following allocations: 106, 201, 141, 143, 177, 402 & 71 hours for the tasks 1 -7 respectively.
Year
Month
NTP = Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 1W
1W 1W 1W 1W 1W 1W 1W 1W
2
3 1W 1W 1W
1W
4 5
6
7
1 W: Within 1 Week Milestone Deliverable
6W
3W
3W
4W
4W
4W
Provide Required
Information/Documentation
6W
4W
2024
Project Management
Engagement and Collaboration
Safety Analysis
Policy and Process Changes
Strategy & Project Selections
Development of Final SAP
* Tentative NTP Date
Data Analysis
Task Feb Mar Apr May Jun Jul
Description
Nov Dec Jan
2023
Kick-Off Meeting
Progress Meetings (Tentative)
Data Collection
Prepare List of High-Risk
Locations
Community Workshop
(Tentative)
Review Existing Resources
Field Reviews
Stakeholder Meetings
(Tentative)
Preliminary SAP (65%)
Draft SAP (90%)
Closeout
Final SAP (100%)
REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
11 Section 6 – Project Understanding/Scope of Services
Task 1: Project Management
Minagar & Associates, Inc. will initiate the
project with a kick-off meeting with City
staff to finalize the schedule and confirm
project goals, objectives, and budget.
Additional progress meetings with City
staff can follow on a biweekly or monthly
basis, as preferred by City staff. Minagar &
Associates, Inc. is a local firm conveniently
headquartered in Laguna Hills, Orange
County, CA, and is open to both in-person
and virtual progress meetings depending
on the City’s preference and convenience.
As requested in the RFP, Minagar & Associates, Inc. will lead three (3) stakeholder meetings, one (1) community workshop, and one (1) presentation to City Council at a minimum.
DELIVERABLES: Meeting Agendas and Minutes
Presentation Materials (If needed)
Task 2: Safety Analysis
Minagar will
review the
City’s current
Local Roadway
Safety Plan to
become
familiarized
with existing
safety concerns
and proposed
improvements.
While collision
data from the
City’s existing
Local Roadway
Safety Plan, dated May 2022, only covers up to December 31, 2019, Minagar & Associates, Inc.
City of Seal Beach’s LRSP’s Recommended Safety Projects REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
12 has collected the additional data from January 1, 2020, to December 31, 2022. This updated data is summarized in the figures on the following pages.
LEGEND
Crash Location
City Limits
Crash Locations in the City of Seal Beach
Jan. 1, 2020 – Dec. 31, 2022
283 Crashes
REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
13 Number of Crashes in the City of Seal Beach by PCF Violation Jan. 1, 2020 – Dec. 31, 2022
283 Crashes
Based on the most recent data as well as existing data and historical trends, Minagar will analyze safety needs and identify any additional priority locations for improvements. According to the figures, since unsafe speed and improper turning appear to be the two greatest causes for crashes, the proposed safety improvements may have an emphasis on safe speed and turning.
DELIVERABLES: High-Risk Locations for Improvements
Task 3: Engagement and Collaboration
Minagar will identify, communicate, and collaborate with various stakeholders in the development of the SAP to receive accurate input and feedback from educational, transportation, and safety perspectives. A tentative list of stakeholders is provided below:
• Orange County Transportation Authority (OCTA)
• Seal Beach Police Department
• Orange County Sheriff’s Department
• Orange County Fire Department
• Los Alamitos Unified School District
• Naval Weapons Station Seal Beach
• Caltrans
• Golden Rain Foundation
REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
14 Stakeholders will be invited to up to three (3) meetings to collaborate on the development of the SAP. These meetings may be in-person or virtual depending on the City’s preference.
Additionally, Minagar & Associates, Inc. will organize and hold one (1) community workshop in an interactive format to receive insight and input from City residents on traffic safety issues. An emphasis on receiving input from disadvantaged communities will assist in a selection of wide-benefitting safety improvements.
DELIVERABLES: Meeting Agendas and Minutes for Up to
Three (3) Meetings
One (1) Community Workshop
Task 4: Policy and Process Changes
Minagar will review the City’s current LRSP and all related planning documents, policies, programs, and standards, as well as other local safety improvement standards and efforts, to establish a firm understanding of the standards to abide by and the level of quality and detail to be provided through the proposed safety improvements for the City. These include, but are not limited to:
• City of Seal Beach General Plan
• City of Seal Beach 2021 Standard Drawings
• Orange County Public Works’ Active Transportation
Plan (ATP)
• Orange County’s Traffic Manual (2007)
• OCTA’s Safe Routes to School (SR2S) Plan
• California Strategic Highway Safety Plan (CHSP)
• Caltrans Local Roadway Safety Manual
• Caltrans Standard Plans (2022)
• FHWA Systemic Safety Project Selection Tool
• Local Streets and Road Program (LSRP)
REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
15 Task 5: Strategy and Project Selections
Minagar & Associates, Inc. will collaborate with the City of Seal Beach and project stakeholders to identify
emphasis areas and establish traffic safety goals and
strategies. Minagar staff will conduct a field review and perform a records search to observe roadway conditions and note any deficiencies.
Features such as bicycle/pedestrian/vehicle conflict zones, speed limits, and truck routes will be noted. A 4k drone may be used during the field review for optimal field reconnaissance, observation of conditions, and recording of existing inventory. This research will be incorporated into the 65% preliminary SAP.
Existing Truck Routes in the City of Seal Beach
Source: Seal Beach General Plan
Existing and Proposed Bicycle Facilities in Planning
Area 4 in the City of Seal Beach
Source: Seal Beach General Plan
REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
16 Subsequently, Minagar will establish objectives and goals for the 90% draft SAP. The draft will include a list of projects, programs, and strategies for safety improvement, explain the prioritization criteria used, and divide proposed interventions into infrastructure, behavioral, and operational safety improvements. The draft will also include conceptual drawings and cost estimates for the recommended projects. All contents of the draft SAP will abide by the FHWA’s Safe Streets for All (SS4A) guidelines.
DELIVERABLES: List of Proposed Safety Improvement Projects Preliminary SAP (65%)
Draft SAP (90%)
Task 6: Development of Final SAP
Following the submittal of the draft SAP, Minagar staff will meet with City of Seal Beach staff to review the draft plan. All city comments
and input will then be incorporated into
the final SAP.
At a minimum, the SAP will document the
proposed safety projects, their
respective cost estimates, and an
evaluation of the most probable and
prioritized safety projects for the City.
The prioritized list will take into account
the cost of each and the potential
benefits. Following the submittal of the
final SAP, Minagar will also lead a
presentation to the City Council detailing
the research, findings, and outcomes of
the SAP.
DELIVERABLES: Final SAP (Signed and Stamped)
One (1) Presentation to City Council
Task 7: Closeout
Minagar will submit any information or documentation requested by the City, such as the value of work performed by minority and DBE subconsultants on the project.
The Final SAP will be signed and stamped by a current California-registered Civil and/or Traffic Engineer in the State of California, and electronic copies of the SAP will be provided to the City.
DELIVERABLES: Any Required Documentation
Minagar & Associates, Inc.’s Intersection
Improvement Map for the City of Huntington
Beach’s LRSP
REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
17 Section 7 – References
Minagar & Associates, Inc. has prepared Safety Plans for the following agencies within the last 5 years.
1. CITY OF GUADALUPE, CA (Preparation of 2021 LRSP Plan):
City of Guadalupe, 918 Obispo St., Guadalupe, CA 93434
Ms. Shannon Sweeny, Public Works Director/City Engineer E-mail: [email protected] Tel: (805) 356-3910
2. CITY OF HUNTINGTON PARK, CA (Preparation of 2021 LRSP Plan):
City of Huntington Park, 6550 Miles Avenue, Huntington Park CA 90255 Mr. Cesar Roldan, Director of Public Works
E-mail: [email protected] Tel: (323) 584-6320
3. CITY OF NEEDLES, CA (Has been serving the City of Needles since 2022):
City of Needles, 817 Third Street, Needles, CA 92363
Ms. Rainie Torrance, Project Manager
E-mail: [email protected] Tel: (760) 326-5700 X140
4. CITY OF LEMOORE, CA (Prepared the City of Lemoore’s Safety Plan in 2022):
City of Lemoore, 711 West Cinnamon, Lemoore Drive, CA 93245 Mr. Randon Reeder, Management Analyst
E-mail: [email protected] Tel: (559) 924-6744, Ext. 737
5. CITY OF SIGNAL HILLS, CA (Prepared the City of Signal Hill’s Safety Plan in 2022& 2023):
City of Signal Hills, 2175 Cherry Avenue, Signal Hills, CA 90755 Mr. Patrick Kelley, Project Manager
E-mail: [email protected] Tel: (562)1989-7361 REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
18 REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
19 REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
20 REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
21 REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
22 REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
23 Section 8 - Exceptions
Minagar & Associates, Inc. has reviewed the RFP and standard professional services agreement and has no proposed exceptions or deviations from the information stated.
Section 9 – Fee Proposal
The fee proposal is submitted separately in a sealed envelope.
Section 10 – Contract Signatories
Section 11 – DIR Registration/Contractor’s License
Section 12 – Business Entity
Minagar & Associates, Inc. is an “S” Corporation in the State of California.
REQUEST FOR PROPOSALS for
SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA
APPENDIX A
Key Personnel Resumes
MINAGAR & ASSOCIATES, INC.
ITS –Traffic/Civil/Electrical Engineering -Transportation Planning – Homeland Security - CEM Consultants
FRED MINAGAR, MS, RCE, PE
EDUCATION
• Harvard University, John F. Kennedy School of Government, Cambridge, Massachusetts, Leadership Decision Making, Executive Education Program Diploma • The George Washington University, Washington, D.C., ITS Program Diploma • Pepperdine University School of Law, Malibu, California, Negotiation Skills and Advocacy • St. John’s University, New York, New York, Management Diploma • New York University, New York, New York, Management Practice • University of Cincinnati, Cincinnati, Ohio, M.S. Transportation Engineering • Thesis and Research work with computer analysis at Transportation Research Center of Ohio • University of Louisiana, Lafayette, B.S.C.E. Civil Engineering
REGISTRATION
• NATIONAL:
National Council of Examiners for Engineering & Surveying, No. 9112 • STATE:
California: Registered Civil Engineering. No. C053466 New Jersey: Registered Professional Engineer. No. GE33090
EXPERIENCE
• 38 Years of Professional Public & Private Consulting Experience • Engineered, Managed & Administered Over 100 ITS and 800 Traffic/Civil/Electrical Engineering, Transportation Planning Projects in Over 17 States
EXPERTISE
• Traffic Safety, LRSP, HSIP, ATP, SRTS, SR2S, E&TS (Federal & State) • Intelligent Transportation System (ITS); ATMS, ATIS, System Communications • Traffic Engineering, Computer Modeling/Simulation, Signal & Interconnect Design • Transportation Planning, EIR & EIS, TDM, TMP & TSM Special Studies
AWARDS/HONORS
• Re-Elected to City Council as Mayor & City Council Member in Nov. 2018, Elected to City Council on Nov. 2014. Served as Mayor in 2017 & 2021. Has served as Planning & Traffic and Transportation Commissions Chairman/Commissioner, City of Laguna Niguel, California, 18 years • Winner of the ASCE 2007 Outstanding Public/Private Civil Engineering/ITS Project of the Year for Metro & City of Santa Clarita
• Winner of the Best Traffic Congestion Mitigation Award in Los County for the City of Palmdale and Metro’s Ave R Traffic Signal Interconnect & CCTV PS&E Project, 2005 • Recipient of the PTI’s Best Transportation Technology Solutions for Synchronizing 121 Caltrans, County & City Traffic Signals Award in the U. S., 2003
• Awarded the United States Congressional Order of Merit, 2003 & 2006 • Recipient of the 2002 National Leadership Award
• Recipient of the CAATS’ 2002 Award of Excellence for Best California Return on Investment Project • Recipient of the Los Angeles County MTA’s Teamwork Award for the Countywide Signal Systems Training Program, 2000
• Re-appointed to Traffic & Transportation Commissioner by the Mayor & Council of the City of Laguna Niguel, California for 1997-1999, 1999-2001, 2001-2003
• Publicity/Public Relations Chairman, 1st Annual Meeting of California Alliance for Advanced Transportation System (CAATS), Newport Beach, 1995
• Certificates of Appreciation, Western ITE Newsletter Technical Editor, 1990-1994 • Recipient of 1990 ITE International Award, Orlando, Florida, USA • Recipient of 1989 ITE International Award, San Diego California, USA • Recipient of 1988 ITE International Award, Vancouver, Canada • Certificate of Appreciation, ITE Metropolitan Section of New York & New Jersey, 1987 and 1989 • Founded and Organized ITE Student Chapter at University of Cincinnati, 1984 • The Southwestern Award of Merit, 1981
• Outstanding Young Man of America for 1982
MINAGAR & ASSOCIATES, INC.
ITS –Traffic/Civil/Electrical Engineering -Transportation Planning – Homeland Security - CEM Consultants
FRED MINAGAR, MS, RCE, PE, FITE
SYNOPSIS of PROFESSIONAL EXPERIENCE:
Traffic Safety/LRSP/HSIP/ATP/SRTS/Civil/Traffic Engineering & Transportation Planning • City of Huntington Park’s Citywide LRSP (Local Roadway Safety Plan),Huntington Park, Los Angeles County, CA • City of Guadalupe’s Citywide LRSP (Local Roadway Safety Plan), Guadalupe, Santa Barbara County, CA • City of Needles’ Citywide LRSP (Local Roadway Safety Plan), Needles, San Bernardino County, CA • City of Big Bear Lake’s Citywide LRSP (Local Roadway Safety Plan), Big Bear Lake, San Bernardino County, CA • City of Colton’s Citywide LRSP (Local Roadway Safety Plan) Review, Colton, San Bernardino County, CA • City of Laguna Niguel’s Citywide LRSP (Local Roadway Safety Plan) Review, LN, Orange County, CA • City of Signal Hill’s Citywide LRSP (Local Roadway Safety Plan) Review, Signal Hill, Los Angeles County, CA • City of Lemoore’s Citywide LRSP (Local Roadway Safety Plan) Review, Lemoore, Kings County, CA • City of La Puente’s Citywide Street Name Sign, Traffic Control Devices Inventory & LSRP, La Puente, CA • City of South Gate’s Citywide Parking Space Asset Inventory and Study, South Gate, CA • City of Burbank’s HSIP Cycle 3 Engineering Services for Verdugo & Keystone, Burbank, CA • City of Burbank’s HSIP Cycle 4 Engineering Services for Verdugo Bike Lane Extension, Burbank, CA • City of Coachella’s HSIP-5294 (006) Engineering Services for Citywide Traffic Control & Street Name Sign Upgrade, Coachella, CA
• City of Coachella’s ATP Cycle 1 ST-86 PS&E & Engineering Services for Citywide Active Transportation Plan • City of Coachella’s ATP Cycle 2 ST-100 PS&E & Engineering Services for Citywide Active Transportation Plan • City of Coachella’s SR2S Cycle 8 PS&E Engineering Services for Citywide Safe Route To School Improvement • Los Angeles County MTA’s Interstate 210 Freeway Truck Origin-Destination Study, LA, CA • Los Angeles County MTA’s Evaluation of the Santa Monica Freeway/Smart Corridor, L.A., CA • Los Angeles County MTA’s Evaluation of RSTI Projects, Evaluated 10 Major Projects, Los Angeles County, CA • Los Angeles County MTA’s State Routes 57 & 60 Interchange Improvements Feasibility Traffic Study • Los Angeles County MTA’s Countywide Traffic Signal Operation and Maintenance Training Workshops • Identification of Funding, STIP & CIP Programs for Metrolink Commuter Rail System, Southern CA • Metrolink’s Traffic Engineering Analysis of the New Maintenance Facility Design Requirements for a New Access Road for SCRRA, Los Angeles, CA
• Metrolink’s Traffic Engineering and Cost Estimating for local Street Improvement near San Bernardino and Upland Train Stations for SCRRA, Southern CA
• Metrolink Commuter Rail System’s Traffic Engineering Design & Study Reports for Chatsworth Train Station and Lassen Grade Crossing for SCRRA, Southern CA
• Los Angeles World Airport-Palmdale Airport Master Plan, Transportation Planning & Computer Modeling Utilizing TRANPLAN & EMME II Computer Models
• Massachusetts Bay Transit Authority’s Red Line Subway Systems Computer Modeling, Boston, Beacon Hill and Cambridge, MA
• City of Palmdale’s Traffic Impact Fee Assessment a Traffic Model Using TRANPLAN Model, Palmdale, CA • Rote 24 Extension Traffic Study Utilizing UTPS Computer Model, Morristown, NJ • North Carolina State University Campus Expansion Traffic Study, Raleigh, North Carolina • Consultant to FHWA/NAHSC on AHS O&M Components & Institutional Constraints • Consultant to FHWA/NAHSC on AHS Outreach Program, Conducting Focus Group Meeting in Boston, MA, Denver, CO & Washington, D.C.
• Southern California ITS Deployment Plan for Caltrans District 7, Los Angeles, California • Caltrans TSM Grant Application Preparation for the City of Oceanside, California • City of Sacramento’s Arden/Arcade Local Area Transportation Study TSM & Traffic Op Studies, Sacramento, CA • Governor’s Island Ferry Stacking TSM Project - U.S. Coast Guard. Manhattan, New York City • TMP Preparation Including Reg. XV Implementation for the U.S. Army Depot. Sacramento, CA • Wal-Mart Traffic and Parking Impact Study, Santa Clarita, California • 720 Paularino Parking Study, Variance, and CUP Application for the City of Costa Mesa, CA • Rye Canyon Business Park, 3 million SF North South Campus Traffic Parking Impact Studies, Santa Clarita, CA • Truck Route Feasibility Study for Vulcan Materials Plant in Irwindale for City of Baldwin Park, CA • Los Angeles Grand Sports Arena Traffic Engineering Feasibility Study for a Private Developer,Downtown LA, CA • Caltrans AB-680 Highway 118-126 Toll Road, Los Angeles and Ventura Counties, CA • Denver W-470 Toll Revenue Study for Engineer 470 Partnership, Denver, Colorado • New Jersey Turnpike Widening Transportation & Toll Plaza Study for the NJ Turnpike Authority • Port of San Diego B-Street Pier Alignment, Traffic Engrg Study for a New Cruise Ship Terminal, San Diego, CA MINAGAR & ASSOCIATES, INC.
ITS –Traffic/Civil/Electrical Engineering -Transportation Planning – Homeland Security - CEM Consultants
FRED MINAGAR, MS, RCE, PE, FITE
SYNOPSIS of PROFESSIONAL EXPERIENCE CONTINUED:
Intelligent Transportation System (ITS)
• Caltrans State Route 66 Adaptive Traffic Control Systems, CCTV & Fiber Optic PS&E • Palmdale’s Ave. R Traffic Signal Interconnect & CCTV Design for the City of Palmdale & Metro • Upgrade of Calabasas Regional Transportation Operations Center & Las Virgenes Corridor Interconnect PS & E • Santa Clarita’s Intelligent Transportation Management Systems Project, Preparation of PS&E for 22 CCTV’s, 3 CMS, TOC Design Modification & Fiber Optic Design
• Santa Clarita’s Thoroughfare Signal Interconnect PS&E for 30 miles along 22 Corridors & Traffic Signal Synchronization of 93 City, LA County & Caltrans Locations • Los Angeles County MTA Trainer, Systems Communications, Video Surveillance & Video Detection, Bus Signal Priority, CtNet & QuicNet Systems & Signal Timing, Workshops, 1999-2005 • FHWA Trainer, Freeway Surveillance & Control Training Workshops • Los Angeles County MTA’s Santa Monica Freeway “Smart Corridor” Evaluation of ITS, Operational, Environmental & Energy Components for FHWA, Caltrans D7, Cities of LA, Beverly Hills, Culver City & Santa Monica
• City of Temecula ITS Deployment: TOC, Systems Communications & Fiber Optic Design for the City & Caltrans District 8
• City of Temecula Interconnect Design: Preparing PS & E Package • City of Modesto’s CCTV Expansion of 13 New Cameras for the City and Caltrans District 10 • Modesto CCTV & Ceres ATMS Design and Implementation Project, Northern California • City of Ceres’ CCTV Expansion of 3 New Camera the City and Caltrans District 10 • City of Modesto’s 121 Traffic Signal Synchronization for the City and Caltrans District 10 • Consultant to FHWA/NAHSC on AHS Operational & Maintenance Components & Institutional Constraints • Consultant to FHWA/NAHSC on AHS Outreach Program. Conducting Focus Group Meeting in Boston, MA, Denver, CO & Washington, D.C.
• Southern California ITS Deployment Plan for Caltrans District 7. Los Angeles, California • 20-Mile Extension of $90 Million I-95 HOV/TSM, Washington, D.C. • Santa Monica Freeway (Interstate 10) ITS/CCTV and Fiber Optic Network for Caltrans District 7. Los Angeles, California
• Los Angeles County MTA’s Evaluation of Regional Surface Transportation Improvement Projects for 8 Agencies • Interstate 5 & 405 Confluence “El Toro Y” TSM & Construction Engineering Management, Caltrans District 12.
Orange County, California
• Caltrans TSM Grant Application Preparation for the City of Oceanside, California • City of Sacramento’s Arden/Arcade Local Area Transportation Study TSM & Traffic Operations Studies.
Sacramento, California
• Governor’s Island Ferry Stacking TSM Project for the U.S. Coast Guard. Manhattan, New York City • Traffic Signal Computerization. Design Implementation, Installation, Fine Tuning & Training City’s Staff for 98 Intersection. City of Modesto, Northern California
• Traffic Signal Computerization. Design Implementation, Installation for 17 Intersections. City of Ceres, Northern California
• Traffic Signal Computerization. Design Implementation, Installation, Fine Tuning & Training City’s Staff for 16 Intersections. City of Baldwin Park, California
• ITS, Traffic Signal Computerization & Support On-call Services. City of Palmdale, California • TMP Preparation Including Reg.XV Implementation for the U.S. Army Depot. Sacramento, California • Dulles International Airport Access Road. Ramp Metering Feasibility to E.B. I-66, Northern Virginia • City of Temecula’s Red Light Camera System Evaluation • City of Santa Clarita’s Red Light Camera System Proposal Evaluation MINAGAR & ASSOCIATES, INC.
ITS –Traffic/Civil/Electrical Engineering -Transportation Planning – Homeland Security - CEM Consultants
FRED MINAGAR, MS, RCE, PE, FITE
SYNOPSIS of PROFESSIONAL EXPERIENCE CONTINUED:
Traffic Signal Design/Timing/Coordination/Synchronization • Los Angeles County MTA’s Countywide Traffic Signal Operation and Maintenance Training Workshops • Los Angeles County MTA’s Countywide Traffic Signal Timing Training Workshops • Los Angeles County MTA’s Countywide Video Detection and Surveillance Training Workshops • Los Angeles County MTA’s Countywide Type 170 Controller Training Workshops • Los Angeles County MTA’s Countywide Systems (Data, Video, and Audio) Communications Training Workshops • Los Angeles County MTA’s Countywide Bus Signal Priority, CtNet & QuicNet Systems Training • The Governor’s Go California Project of Adaptive Traffic Signal Control Systems PS & E for SR 66 for Caltrans District 7
• Synchronization of 144 Caltrans & City of Modesto Traffic Signals, Modesto, CA • Synchronizing 72 Downtown Traffic Signals for Caltrans District 10, Stanislaus County & the City of Modesto • Traffic Signal Synchronization, Implementation, and Fine Tuning of 121 Signals for the City of Modesto and Caltrans D-10
• Santa Clarita’s Traffic Signal Synchronization for 38 Locations along 3 major Regional Arterials • City of Modesto Traffic Signal Coordination. Retiming and Upgrade for 98 Locations, City of Modesto, CA • City of Chino Hills Traffic Signal Plan Check Services • City of Palmdale Traffic Signal Coordination. Retiming and Fine-tuning for 22 Locations, City of Palmdale, Southern California
• City of Ceres Traffic Signal Coordination & Retiming for 17 Locations, Ceres, Northern California • Newport Boulevard Traffic Signal System Improvement for the City of Costa Mesa, CA • Plan Preparation and Design Utilizing Caltrans Standards and AutoCAD for the City of Lancaster, CA • Burke Lake Road’s Signal. Northern Virginia/Washington, D.C. • Interstate I-95 Service Roads and Local Intersections in Northern Virginia/Wash., D.C. • U.S. Route 27 Traffic Signal Progression, Cincinnati, Ohio • U.S. Route 7 Relocation Study. Signal Design & Capacity Analysis for Connecticut Department of Transportation, Norwalk, Connecticut
• Packard/Bambergers Development Traffic Signals Cost Estimating, Hackensack, New Jersey • Virginia Beach’s Traffic Signal Cost Estimating, Virginia Beach, Virginia • Traffic Signal Retiming, Installation and Fine Tuning for the City of Baldwin Park and LA County • Pacific Coast Highway and El Camino Real’s Traffic Signal for the City of San Clemente • Traffic Signal Inspection & Construction Engineering Management for the City of Baldwin Park • Los Angeles County MTA’s Evaluation of RSTI Projects
• On-Call Traffic Signal Timing and Design Services for the City of Palmdale • On-Call Traffic Signal Construction Inspection Services for the City of Colton • Preparing PS&E Package for New Signals for the City of San Bernardino • Preparing PS&E for Signal Design Packages for the City of Baldwin Park • Preparing PS&E Packages for Signals in Colton
• Consulting Design and PS&E Services for Railroad Pre-emption at Sierra Highway and Avenue P&R for Metrolink and the City of Palmdale
• Baldwin Park’s Master Interconnect Design and PS&E for the City • State Route 14 and Avenue S Signal and Striping PS&E Preparation for the City of Palmdale, Los Angeles County, and Caltrans D-7
• Design services for the Interconnect Modification of Avenue R and 5th Street East for the City of Palmdale • Construction Engineering Management for State Route 14 and Avenue S for the City of Palmdale and Caltrans D-7
• Los Angeles County MTA’s Evaluation of the SMART/Santa Monica Freeway ITS Systems MINAGAR & ASSOCIATES, INC.
ITS –Traffic/Civil/Electrical Engineering -Transportation Planning – Homeland Security - CEM Consultants
FRED MINAGAR, MS, RCE, PE, FITE
SYNOPSIS OF PROFESSIONAL EXPERIENCE CONTINUED:
Toll Roads/Financial Studies
• Caltrans AB-680 Highway 118-126 Toll Road, Los Angeles and Ventura Counties, CA • Denver W-470 Toll Revenue Study for Engineer 470 Partnership, Denver, Colorado • New Jersey Turnpike Widening Transportation and Toll Plaza Study for the New Jersey Turnpike Authority • Identification of Funding, STIP and CIP Programs for Metrolink Commuter Rail System, Southern California Traffic and Parking Impact Studies
• City of San Clemente Traffic Control Plans (TCP) for the Vintage Shores Senior Apartments on Camino De Estrella, San Clemente, California
• City of San Clemente’s Traffic Signal Plans, Specifications, and Estimates (PS&E) for El Camino Real and Pacific Coast Highway, San Clemente, California
• City of San Clemente/Kaufman and Broad Coastal, Villa Pacifica’s Tract 15870 Traffic Signal Plans, Specifications, and Estimates (PS&E), San Clemente, California • Honali Plaza Parking Study, Laguna Hills, California
• Wal-Mart Traffic and Parking Impact Study, Santa Clarita, California • 720 Paularino Parking Study, Variance, and CUP Application for the City of Costa Mesa, California • Dodge Dealership Traffic and Parking Study, Lompoc, California • Washington Mutual Bank’s Parking Study and Variance Application for the City of Laguna Hills, California • Rye Canyon Business Park, 3 million SF North and South Campus Traffic and Parking Impact Studies, Santa Clarita, CA
• Truck Route Feasibility Study for Vulcan Materials Plant in Irwindale for the City of Baldwin Park, California • City of Huntington Beach Traffic Control Plans (TCP) preparation for the Huntington Beach Central Park Sports Complex, Huntington Beach, California
• State Route 55 Fly-over I-5 Freeway Traffic Control Plans and Traffic Management Plan for Caltrans District 12, Santa Ana, California
• Los Angeles Grand Sports Arena Traffic Engineering Feasibility Study for a Private Developer near Downtown Los Angeles, California
• Calabasas Volvo Dealership Traffic Impact Study, Calabasas, CA • The Gallery Traffic Impact Report, San Clemente, CA
• Lockheed Martin Traffic Impact Analysis, Palmdale, CA • Palmdale Airport Plaza Traffic Impact Report, Palmdale, CA • Quartz Hill Traffic & Fee Impact Studies, Palmdale, CA • North San Diego County Future Urbanizing Area Traffic Study, San Diego, CA • Village Shopping Center Traffic Impact Report, San Clemente, CA • Lockheed Martin Aircraft Facility Plant Traffic Study, Palmdale, CA • Serra Catholic School Traffic Impact Report Review, Rancho Santa Margarita, CA • GFW’s Five Power Plants Traffic Impacts in the Bay Area Air Quality Management District, Contra Costa County, CA
• Port Liberte (Caven Point) Traffic Impact Study, New York Harbor, NY • Packhard/Bambergers Traffic Impact, Cost Estimating & Alternatives Studies, Hackensack, NY • California Exposition Center Expansion Draft EIR & Traffic Impact Study, Sacramento, CA • Arden-Fair Mall Expansion: Fourth Anchor Tenant Traffic Impact & EIR, Sacramento, CA MINAGAR & ASSOCIATES, INC.
ITS –Traffic/Civil/Electrical Engineering -Transportation Planning – Homeland Security - CEM Consultants
FRED MINAGAR, MS, RCE, PE, FITE
SYNOPSIS OF PROFESSIONAL EXPERIENCE CONTINUED:
Port Projects
• Port of San Diego B-Street Pier Alignment, Traffic Engineering Study for a New Cruise Ship Terminal, San Diego, California
• Port of Long Beach’s SCAQMD’s Grant for Air Quality/Emission Control Improvements at Port’s Roadways/Highways, Long Beach, California
• Port Liberte (Caven Point) Traffic Impact Study, Jersey City, New Jersey Rail Transit
• Metrolink Commuter Rail System’s Traffic Engineering Design & Study Reports for Chatsworth Train Station and Lassen Grade Crossing for southern California Regional Rail Authority (SCRRA), Southern California • Metrolink’s Traffic Engineering Analysis Report and Preliminary Conceptual Design on North Main Street Grade separation over Los Angeles River near Downtown Los Angeles for SCRRA, Southern California • Metrolink’s Traffic Engineering Analysis of the New Maintenance Facility Design Requirements for a New Access Road for SCRRA, Los Angeles, California
• Metrolink’s Traffic Engineering and Cost Estimating for local Street Improvement near San Bernardino and Upland Train Stations for SCRRA, California
TECHNICAL TRAINING
• Revisions to the Air Quality Management Plan (AQMP) Workshop by South Coast Air Quality Management District (SCAQMD), Newport Beach, California
• Intelligent Vehicle Highway System (IVHS) Training by ITE, Monterey California • South Coast Air Quality Management District (SCAQMD) TDM/ETC Training and Certification, Santa Ana, California
• Business Development, Marketing and Proposal Preparation Training be Raytheon (Formerly EBASCO) • Management and Presentation Seminars by URS Consultant • MinUTP Computer Training by Comsis Corporation and HNTB • Highway Capacity Training by Polytechnic University of New York
PUBLICATIONS
• Minagar, F. & Baker, D. “IVHS Applications in the United States” Presentation & Technical Paper at the International Conference on Application of New Technology on Transport Systems. Sponsored by Australian Road Research Board Ltd., Melbourne, Australia.
• Minagar, F. “Are LOS and V/C Different at Similar Signalized Intersection in the U.S.?” Presented at the 45th ITE District Six Annual Meeting, Anchorage, Alaska.
• Minagar, F. and Presleigh, J. “Higher Than Standard Trip Generation Volumes at a Regional Shopping Center in Sacramento, California.” Presented at the 45th ITE District Six Annual Meeting. Anchorage, Alaska. • Technical Editor, Western ITE (the Official Publication of ITE District Six) • Editor & Publisher, Newsletter of ITE Metropolitan Section of New York & New Jersey • Minagar, F. “Automobile Fuel Consumption in Suburban Signalized Routes.” A Thesis Presented to the College of Engineering at the University of Cincinnati.
MINAGAR & ASSOCIATES, INC.
Civil Engineering-Traffic Engineering-Transportation Planning Consultants
FIROZ VOHRA, MS, TE
EDUCATION
• University of Cincinnati, Cincinnati, Ohio, MSCR in Transportation Engineering • Maharaja Sayajirao University of Baroda, Baroda, India, BSCE in Highway Engineering
PROFESSIONAL CAPABILITIES/SUMMARY
Firoz Vohra is an experienced traffic engineer with over 34 years of experience. He began his career in the private sector where responsibilities included planning and designing highway alignments, developing traffic demand projections and preparing and analyzing traffic studies. He then moved to the public sector as a City Traffic Engineer for the City of Modesto where he served in that position for 15 years and then served the City as Deputy Director of Public Works for 7 years. The experience and knowledge gained throughout my career presents an invaluable asset to my clients.
He is a proven team player with a focus on utilizing his public-service experience to achieve the goals of the clients he serves.
PROFESSIONAL EXPERIENCE
Senior Traffic Engineer for Minagar & Associates, Inc.
Jul 2018 – Present
Senior Engineer for the Public Works Transportation Division of Stockton, CA 2010 – 2018
Responsibilities include administering & managing the recently combined Transportation Engineering Division within the Public Works Department. The purpose is to bring Transportation projects to the County by leveraging Federal & State grant funds with Local transportation dollars; improve traffic flow, enhance safety & reduce congestion by prioritizing projects based on roadway capacity & safety.
Manager III for the Public Works Engineering Support Division of Modesto, CA 2009 – 2010
Responsible for the Development Services, Community Service Districts, Landscape and Lighting Districts, Encroachment and Transportation Permits, County Surveys, Mapping Services and Traffic Engineering Units. Responsibilities include managing and implementing the workload, people and resources of these units. Provide supervision, attend public meetings, develop projects and perform traffic analysis. Duties also include development and maintenance of Development Design Standards and Master Plan Standards. Produce and process annual engineer reports for Community Service Districts, Landscaping and Lighting Districts. Act as County Project Manager on major projects.
Deputy Director for the Public Works Department of Modesto, CA 2002 – 2009
Headed the Streets and Traffic Services Division of the Public Works Department. Reported to Department Director and City Manager. Assumed Acting Director of Public Works role during the Director’s absence. Supervised Streets Engineering, Traffic Engineering/Operation and Street Maintenance staff (52 FTEs). Permanent substitute for the City Manager at the StanCOG Technical Advisory Committee. Regularly briefed the Mayor and Council Members on policy issues prior to all StanCOG policy board meetings and offered recommendations. Chaired the City of Modesto’s Fees Task Force committee. Developed and monitored division budgets (Operating & CIP) and workflow. Secured CMAQ, STP, SR2S grants for capital projects.
Developed the ARRA-2009 (Stimulus Package) projects proposal. Developed county-wide MINAGAR & ASSOCIATES, INC.
Civil Engineering-Traffic Engineering-Transportation Planning Consultants
FIROZ VOHRA, TE
PROFESSIONAL EXPERIENCE CONTINUED:
Pavement Management System and roadway repair priorities. Developed the SR 99/Pelandale Interchange project concept and led it to PA&ED state through CalTrans District 10. Served on the regional North County Corridor (25 miles long new expressway) project as the Technical Advisory Committee member to the Joint Powers Authority.
City Traffic Engineer for the City of Modesto, CA
1987 – 2002
Reported to Department Director and Deputy Director. Supervised the research, analysis and planning of development projects and other transportation studies which ensure safe and efficient traffic flow and mobility while enabling economic development. Have conducted and overseen research and analysis on development projects; planned and organized transportation planning studies; neighborhood traffic planning and analysis; traffic impact reports for development projects; plans, and environmental review. Developed strategies to build –livable communities by creating new streetscapes that provide maximum safety for pedestrians, bicycles and motorists, while keeping travel speeds low and providing optimum access. Developed traffic management strategies and systems to manage the growing traffic demands by employing state-of-the-art technologies. Prepared and presented a variety of reports; developed division’s operating as well as capital improvement budgets.
MINAGAR & ASSOCIATES, INC.
ITS - Traffic/Civil/Electrical/Mechanical Engineering - Transportation Planning - Homeland Security - CEM
ARI ABRISHAMI, BSEE, PE, PMP
EDUCATION
• San Diego State University, San Diego, CA, BSEE, Computer Software Engineering/ Hardware Engineering (Alumni member of Beta Kappa Nu (Electrical) & Tau Beta Pi Engineering Honor Societies)
• San Diego State University, San Diego, CA, Core MS Courses in Telecommunications
REGISTRATION
• California, Registered Professional Electrical Engineer #14694 • California, Project Management Professional #492168
• California, Contractors License Electrical C-10 #721267 • California, Contractors General Engineering A #721267 • California, Contractors General Building B #721267
• California, Certified General Electrician #141726
• OSHA 30, For Construction Safety, Certified #32-00920905 • HAM Radio and GROL PGGB004108 FRN (#0010904068)
EXPERIENCE
• 40 Years Professional Public & Private Consulting Experience • Engineered, Managed and Administered over 150 State and Federal Projects including - California Department of Transportation (Caltrans) D-7, D-8, D-12 & HQ’s Fiber Optic/Network/Router/Connectivity/ITS Upgrades
- National Security Administration (NSA) in charge of the IT contract for Command and Control Center for the U.S. Courthouse’s Security System, CCTV Cameras (internal & external)
EXPERTISE
• Electrical Engineering
• Computer & Software Engineering
• Preparing PS&E, Project Management & Control, Inspection • ITS, ATMS, Fiber Optic, Systems Communications Landline & Wireless • Hirsch/Identify systems hardware access control and intrusion systems training for security agency
• EV Charging Station Design, Planning & Procurement
• Solar System Design & Planning
SOFTWARE
• CISCO CCIE classes and lab (wide area network routers, switches) • Courses in OSI (networking protocol)
• Microstation (State of CA design software)
• Primavera project management software
• Seimens Delta V software training for validation, commissioning & operation optimization • Microsoft Office and project
• Changeable Message Sign software and programming
• Siemens Building Management Systems
PROFESSIONAL CAPABILITIES/SUMMARY
Has performed in variety of professional roles from project management to design with a deep knowledge of construction requirements. including Project Manager, Design Manager, Project Engineer of multiple Capital Improvement and Maintenance projects; performing professional electrical engineering tasks in preparation of designs, construction plans, specifications, engineering economic and cost analysis studies, project schedules, contracts and reports for electrical systems and equipment, commercial buildings, associated facilities and equipment; security systems, access control and camera systems; conducting quality assurance and safety and functional testing, inspection and research activities; providing technical direction and support in the licensing, design, construction, installation, maintenance, and operation and inspection of a wide variety of electrical systems and intelligent transportation systems MINAGAR & ASSOCIATES, INC.
ITS - Traffic/Civil/Electrical/Mechanical Engineering - Transportation Planning - Homeland Security - CEM
ARI ABRISHAMI, BSEE, PE, PMP
SYNOPSIS of PROFESSIONAL EXPERIENCE CONTINUED:
and access and camera control in Security equipment as well as to proven to be a trouble shooter and problem solver in integrated systems.
PROFESSIONAL EXPERIENCE
Project Management & Engineering Minagar & Associates, Inc.
Jan 2010 –Present
Performing design, construction and project management for local government projects regarding CCTV; traffic signal systems; intelligent wireless transportation systems (ITS); wide area network (WAN); fiber optics; CAT5e, CAT6 copper connectivity. Traffic management network revamping and cutovers due to upgrades, and associated security systems associated with the command and control centers and its connectivity with the county government and the State TMCs in order to fulfill the Homeland Security criteria set forth for sharing information amongst agencies.
State of California, Departments of Transportation and Industrial Relations Jul 1984 – Jan 2010
Caltrans Senior Transportation Electrical Engineer (Supervisory),Traffic Operations Jul 1998 – Jun 2009
Supervised a staff of a dozen office and field engineers (traffic signal operations and design). He was responsible for electrical design and review, operations and inspection of numerous projects for North Los Angeles County and Ventura County; this included lighting systems, traffic signal systems, CCTV and HAR systems and electrical utilities.
Caltrans System Software Specialist, Information Systems Oct 1997 – Jul 1998
Responsible for IT infrastructure to connect 25,000 computers; duties included negotiating contracts with phone companies and DGS which saved more than $1.2M annually; standardized all computers in the Caltrans system, which saved over $1M annually, served as the Technical Advisor in Advanced Wireless Technologies & Advanced ITS Networks while coordinating and providing network troubleshooting remote assistance to IT personnel in the four Caltrans off-site locations. Caltrans New Technology & Research Program
Jul 1996 – Oct 1997
Project Manager/System’s Designer for Intertie for four southern California sites; responsibilities included installation, operation, and maintenance network devices such as wide-area switches, routers, servers, modems, and network management and their communications software. As the Project Manager I was responsible for Fiber Optic intertie wired and wireless; over $40M. Caltrans Associate Electrical Engineer, Supervisor (Traffic Systems TMC Support) Jul 1989 – Jul 1996
Operated and maintained hardware and software for traffic operations center (TMC); reported wiring, specification review for scopes of work, and obtained MOU funding; served as Project Manager, SYNOPSIS of PROFESSIONAL EXPERIENCE CONTINUED:
Technical Advisor, and Researcher for advanced technology projects (saved more than $3M). He supervised a staff of ten office administration and engineers.
Caltrans Electrical Engineer Maintenance and Traffic Systems (TMC Support) / Coronado Bridge Jul 1984 – Jul 1989
Designer and Field Inspector on a variety of transportation projects including highway lighting; ramp metering signals; traffic signals; and highway advisory radios high voltage conversion (5000 to 480) Volt AC for public safety; managed toll collection air monitoring system for toll collectors’ safety and reported results to Head Quarters; ensured devices were calibrated and worked properly.
MINAGAR & ASSOCIATES, INC.
ITS –Traffic/Civil/Electrical Engineering -Transportation Planning – CEM Consultants SERGE S. TAVOUR
EDUCATION
• Tehran Institute of Technology, Civil Engineering
PROFESSIONAL EXPERIENCE
• 26 years of Engineering Land Surveying and Pure Civil Engineering Design LAND SURVEYING EXPERIENCE:
Key projects:
• Surveying work - Topographic surveys, boundary surveys and staking. • Survey and Street Design – HSIP Federal Project for Verdugo Street, Burbank CA. • Survey and Street Design – HSIP State Project for Verdugo Street Bike Lane Extension, Burbank CA.
• Designed Base project survey for Caltrans - Route 66
• Traffic control plans – Modesto, CA.
• Prepared plans for numerous traffic signal and traffic control applications, signing and striping • Created plans and profile and design modify curb returns CIVIL DESIGNER EXPERIENCE:
Key projects:
• Traffic Control Plan – La Habra, Irvine, Laguna Niguel, Brea, Costa Mesa , CA • Street Improvement Plan – Costa Mesa, CA
• Water Line – La Habra, CA
• Retaining wall- Moulton Parkway
• Utility plans- Caltrans I-5 widening project
Project Designer
Key projects:
• Andalucia Apartment Complex – Mission Viejo, CA
• Sun City Shopping Center – Sun City, CA
• Dos Lagos Golf Course – Corona, CA
Project Designer
Key projects:
• Madison Single Family Housing – Irvine, CA
• Whispering Heights Single Family Housing – Riverside, CA • Westborne single family housing – Irvine, CA
Project Designer
Key projects:
• Granada Hills Townhouses – Granada Hills, CA
• Housing Tract Project – Riverside, CA
• Townhouse Project - Bellflower, CA
• Talega Golf Course Driving Range – San Clemente, CA
• Royal Cabinets – Pomona, CA
• Commercial Warehouse – City of Industry, CA
Designed, per contract, specifications for a variety of projects:
• Traffic improvement plans
• Bike pad improvement plans
• Railroad track improvement plans and profiles
• Land field grading plans
• Commercial, residential, and industrial precise & rough grading plans • Street, sewer, and water improvement plans
Senior CADD Operator
• SCRRA (Metrolink) Commuter Rail Project
MINAGAR & ASSOCIATES, INC.
Traffic/Civil/Electrical Engineering - ITS- Transportation Planning - CEM Consultants
JENNY TRAN, BSC&E
EXPERIENCE
• 4 Years Professional Experience
EDUCTAION
• University of California, Irvine, BSC&E Civil & Environmental Engineering
EXPERTISE
• Traffic & Transportation Engineering
• Traffic Impact & Parking Studies
• Feasibility Studies
• Transportation Planning
• Traffic Signal Timing
• Highway Capacity
• Safety Assessment
• VMT & GHG Analysis& Assessment
RELATED SKILLS
• Use of various Traffic Engineering and Transportation Planning software:
HCS, SYNCHRO, SimTraffic
• A-CAD & MicroStation
• Advanced Surveying
• Highway Design (InRoads, CaiCe)
• ArcGIS
• MATLAB, SketchUp, SolidWorks, Stella, Spartan
SYNOPSIS of PROFESSIONAL EXPERIENCE
• Prepared a Technical Memo for the Development and Establishment of VMT (Vehicle Miles Traveled) for the Transportation Impact Analysis of the CEQA Requirement based upon the Senate Bill (SB) 743 for the City of Colton, CA • Engineering Assistant for the Preparation of Traffic Signal Modification, Interconnect Plans and Fiber Optic Systems for the City of Chino. Performed field investigations followed up by utilizing ACAD 2020 computer software for the base Engineering Plans • Prepared a Left Turn Traffic Signal Warrant Assessment by Utilizing CA MUTCD Standards for the Intersection of Schaefer at Roswell for the City of Chino, CA • Prepared a Traffic Signal Warrant Assessment by Utilizing CA MUTCD Standards for the Intersection of 7th Street at Valley Blvd. for the City of Colton, CA • Engineering Assistant for the Evacuation Plan Improvement Traffic Study utilizing Synchro 11.0 Micro-computer Modeling and Sim Traffic Micro-computer Simulation for 5 Wildfire and 1 Tsunami Evacuation Plans via Pacific Coast Highway City of Malibu • Prepared a Traffic Signal Warrant Assessment by Utilizing CA MUTCD Standards for the Intersection of San Bernardino Ave. at Sycamore Street for the City of Colton, CA • Prepared a Traffic Signal and Stop Sign Warrant Assessment by Utilizing CA MUTCD Standards for the Intersection of “C” Street at Meridian for the City of Colton, CA • Prepared a Technical Memo for Federal/State and City ADA Compliance at the Existing Handicap Ramps at the Two Signalized Intersections of Roswell at Schaefer and Pipeline at Schaefer in the City of Chino, CA
• Prepared a Technical Memo for the Establishment of Policies and Procedures for RedCurb Zones within the Residential and Commercial Areas for the City of Gardena, CA • Prepared a Traffic Impact Study for the Proposed Retail/Commercial Center at 81933 Indio Blvd for the City of Indio. Analyzed the Potential Impacts of the Proposed Project on the Existing and Future Capacity and Operations of the 6 Existing Signalized Intersections.
• Prepared a Traffic Impact Study for the Proposed Retail/Commercial Center at Jefferson Ave at Varner for the City of Indio. Analyzed the Potential Impacts of the Proposed Project on the Existing and Future Capacity and Operations of the 6 Existing Signalized Intersections.
• Prepared a Traffic Impact Study for the Gateway Plaza for the City of Tracy in Northern California, Tracy, CA
MINAGAR & ASSOCIATES, INC.
Traffic/Civil/Electrical Engineering - ITS- Transportation Planning - CEM Consultants
JENNY TRAN, BSC&E
SYNOPSIS of PROFESSIONAL EXPERIENCE CONTINUED:
• Prepared a Traffic Impact Study for the Proposed Bloomington Truck Stop within the Bloomington Unincorporated area of San Bernardino County for the County of San Bernardino. Analyzed the Potential Impacts of the Proposed Project on the Existing and Future Capacity and Operations of the 15 Existing Signalized Intersections as well as 4 Future Intersections. Analyzed the Capacity and Operations of the 17 intersections utilizing Synchro 11.0 & HCS 2000+ software.
• Prepared a Traffic Signal Warrant Assessment by Utilizing CA MUTCD Standards for the Intersection of Olive Street at Meridian for the City of Colton • Prepared a Traffic Impact Study for Commercial Center and a Focused Driveway Feasibility Analysis for the City of Clovis in Central California, Clovis, CA • Prepared the VMT (Vehicle Miles Traveled) Analysis and Assessment for the Pennsylvania Avenue Widening Project for the City of Beaumont, Beaumont, CA • Assisted in the Preparation of the Traffic Operation Analysis Report (TOAR) document for the Pennsylvania Avenue at I-10 Freeway Interchange Improvements for the State of California Department of Transportation (Caltrans District 8), Beaumont, CA • Prepared Traffic Control Plans (TCP) for the Metropolitan Water District of Southern California (MWD) Orange County Feeder Extension Pipeline Realignment in the Cities of Costa Mesa and Newport Beach for the Cities of Costa Mesa and Newport Beach and MWD.
• Prepared Traffic Control Plans (TCP) for the Metropolitan Water District of Southern California (MWD) Orange County Feeder Blow-off Valve Rehabilitation – Upper Newport Bay on Jamboree Road for the City of Newport Beach for the City of Newport Beach and MWD.
• Prepared a Traffic Signal Warrant Assessment for the intersection of Magnolia Ave at Vermont Ave. and Union Pacific Railroad Tracks for the Cities of Gardena, Los Angeles and Union Pacific Railroad Company. The project was fully fund by the Los Angeles County MTA (Metro).
• Prepared a Technical Memo for the ADA Requirements and compliance with the City of Chino’s New Ordinance, Caltrans and the Federal Requirements of the two intersection of Schaefer Ave at Pipeline and Schaefer Avenue at Roswell Ave for the City of Chino, CA
• Prepared a traffic Impact Study and Parking Survey for the Learning Academy in the City of South Gate, South Gate, CA
• Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Huntington Park in Los Angeles County
• Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Guadalupe in Santa Barbara County
• Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Needles in San Bernardino County
MINAGAR & ASSOCIATES, INC.
Traffic/Civil/Electrical Engineering - ITS- Transportation Planning - CEM Consultants
MICHELLE NGUYEN, BSC&E
EXPERIENCE
• 3 Years Professional Experience
EDUCTAION
• University of California, Irvine, BSC&E Civil & Environmental Engineering
EXPERTISE
• Traffic & Transportation Engineering
• Signing & Striping
• Traffic Control Analysis
• Transportation Planning
• Traffic Signal Timing
• Highway Capacity
• Safety Assessment
• VMT Analysis & Assessment
RELATED SKILLS
• Use of Various Traffic Engineering and Transportation Planning Software:
HCS
Synchro 10
SimTraffic
TransCAD
• AutoCAD 2020
• ArcGIS
• MATLAB
• SketchUp
• SOLIDWORKS
SYNOPSIS OF PROFESSIONAL EXPERIENCE
• Engineering Assistant for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Guadalupe in Santa Barbara County, CA
• Engineering Assistant for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Huntington Park in Los Angeles County, CA
• Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Needles in San Bernardino County, CA
• Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Signal Hill in Los Angeles County, CA
• Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Big Bear Lake in San Bernardino County, CA
• Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Lemoore in Kings County, CA
• Prepared the 2020 E & TS Report for 131 street segments the City of Pomona, CA • Prepared a Traffic Sight Distance Analysis Technical Memorandum for a Proposed New Driveway at 1137 & 1149 West Phillips Blvd per the City of Pomona’s Standard Design Plans and AASHTO’s Guidelines for the City of Pomona, CA • Prepared a Technical Memorandum for the Electrical Vehicle (EV) Charging Stations Project for the City of South Gate, CA
• Prepared a PS&E Package for the Electrical Vehicle (EV) Charging Stations Design for 5 Locations for the City of South Gate, CA
• City of Costa Mesa
Assessed Current and Potential Speed Humps and Traffic Calming Measures Drafted Signing & Striping Plans for Street Improvement Project Complying with 2014 CA MUTCD and Caltrans Standard Plans & Standard Specification 2018 Prepared Work Orders for Street Maintenance
Conducted Stop Sign & Traffic Signal Warrant Analysis by Utilizing CA MUTCD Performed Field Investigations into Service Requests Regarding the Operation of Traffic Signals
Investigated Citizen Request for Speeding Countermeasures Verified the Recommended Posted Speed for the City’s 2018 E&TS Inventoried and Prepared a Citywide Posted Speed Signs Map Prepared an Updated Citywide Average Daily Traffic Map for the Year 2019 Prepared an In-Kind Service Report from the Orange County Transportation Authority for funding of a Traffic Signal Synchronization Project for Harbor Blvd.
MINAGAR & ASSOCIATES, INC.
Traffic/Civil/Electrical Engineering - ITS- Transportation Planning - CEM Consultants Performed Testing of Emergency Vehicle Preemption (EVPs) at Applicable Intersections Citywide
• City of Anaheim
Conducted a Field Survey of road side units and on board units along Harbor Blvd & Anaheim Blvd to Test the Interoperability Among Different Vendors MINAGAR & ASSOCIATES, INC.
Traffic/Civil/Electrical Engineering - ITS- Transportation Planning - CEM Consultants Phillip P. Nguyen, BSCE, ENV SP
EDUCTAION
• Cal Poly, Pomona, BSCE Civil Engineering
REGISTRATION
• NATIONAL: Envision Sustainable Professional (ENV SP), Institute of Sustainable Infrastructure
• LR-01: Level II Basic Traffic Signal Training
• LR-02: Level II Advance Traffic Signal Training
• LR-05: Traffic Signal Design Training
EXPERIENCE
• 2 Years Professional Experience
EXPERTISE
• Engineering & Traffic Survey (E&TS)
• Local Roadway Safety Planning (LRSP)
• Traffic & Transportation Engineering
• Signing & Striping
• Traffic Control Analysis
• Transportation Planning & Management
• Traffic Signal Timing
• Highway Capacity
• Safety Assessment
• Travel Survey & Analysis
• Sustainable Building & Infrastructure
RELATED SKILLS
• Use of Various Traffic Engineering and Transportation Planning Software:
HCS 6
Synchro 11
SimTraffic 11
• AutoCAD 2023
• ArcGIS
• Caltrans PeMS Data Source
• Civil 3D
• FHWA SSAM (Surrogate Safety Assessment Model)
• MicroStation/Inroads
• TransCAD
• VISSIM
SYNOPSIS OF PROFESSIONAL EXPERIENCE
• Project Engineer for the Preparation of 2023 Engineering & Traffic Survey (E&TS) for 67 Street Segments for the City of Rancho Mirage, Rancho Mirage, CA • Engineering Assistant for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Needles in San Bernardino County, CA
• Engineering Assistant for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Big Bear Lake in San Bernardino County, CA
• Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Lemoore in Kings County, CA
• Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of San Pablo in Contra Costa County, CA
• Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Big Bear Lake in San Bernardino County, CA
• Project Engineer for the Peer Review of the Local Roadway Safety Plan (LRSP) for the City of Colton in San Bernardino County, CA
• Prepared the 2023 E & TS Report for 21 street segments the City of Needles, CA • Prepared the 2023 E & TS Report for 29 street segments the City of Solana Beach, CA • Project Engineer for the City of Beverly Hills’ Los Angeles School of Gymnastics Parking & Traffic Study, Beverly Hills, CA
MINAGAR & ASSOCIATES, INC.
Traffic/Civil/Electrical Engineering - ITS- Transportation Planning - CEM Consultants Phillip P. Nguyen, BSCE, Env SP
SYNOPSIS of PROFESSIONAL EXPERIENCE CONTINUED:
• Project Engineer for the Legal Review of the Traffic Collision Assessment for Ave M/Columbia Way at 20th St. E Street for the City of Palmdale, CA • Project Engineer for the Metro Place Shopping Center Parking Study, Santa Ana, CA • Project Engineer for the Signing & Striping Design and Improvements for the Roundabout Pilot Project for Maine Ave at Olive Street, Baldwin Park, CA • Project Engineer for the MWD’s Orange County Feeder Line Traffic Control Plans Signing & Striping Modification for the City of Newport Beach, Newport Beach, CA • Project Engineer for the City of Chino Hills’ Los Serranos’ Country Club-GolfTec Shared Parking & Traffic Analysis, Chino Hills, CA
• Project Engineer for the City of Vernon’s 2615 Fruitland Ave Warehouse Parking Demand Study, Vernon, CA
• Project Engineer for the City of Colton’s Traffic Signal Modification Plan and the Preparation of PS&E for La Cadena Drive at Valley Blvd, Colton, CA • Project Engineer for the City of Colton’s Traffic Signal Modification Plan and the Preparation of PS&E for La Cadena Drive at Bordwell Ave and Laurel St, Colton, CA • Project Engineer for the City of Colton’s New Traffic Signal Plan and the Preparation of PS&E for 7th St. at Valley Blvd, Colton, CA
• Project Engineer for the City of Colton’s TO#336A Preparation of Signing & Striping Plan and Street Improvements Plans for Little Colton Ave at N. Mt. Vernon Ave and Colton Ave, Colton, CA
• Project Engineer for the City of Colton’s TO#336B Feasibility of Traffic Signal Phasing Improvements of EB/WB Protected and/or Protected-Permissive Left-Turn Signal Phase Warrant Assessment for N. Mt. Vernon Ave and Colton Ave, Colton, CA • Project Engineer for the City of Colton’s TO#337A Preparation of Signing & Striping Plan for W. C St Underpass between N. 7th St to Pennsylvania Ave, Colton, CA • Project Engineer for the City of Colton’s TO#337B Preparation of Signing & Striping Plan for N St Underpass between S. 7th St to S. 5th St, Colton, CA • Project Engineer for the City of Colton’s TO#338 Preparation of Signing & Striping Plan and Street Improvements Plans for Sperry Drive and E. Fairway, Colton, CA • Project Engineer for the City of Long Beach’s First Student In. New School Bus Yard VMT, Trip Generation and Queuing Analyses, Long Beach, CA MINAGAR & ASSOCIATES, INC.
Traffic/Civil/Electrical Engineering - ITS- Transportation Planning - CEM Consultants Nhi Hoang, BSCE
EDUCTAION
• University of California, Irvine, BSCE Civil & Environmental Engineering
EXPERIENCE
• 2 Years Professional Experience
EXPERTISE
• Engineering & Traffic Survey (E&TS)
• Local Roadway Safety Planning (LRSP)
• Traffic & Transportation Engineering
• Signing & Striping
• Traffic Control Analysis
• Transportation Planning & Management
• Traffic Signal Timing
• Highway Capacity
• Safety Assessment
• Travel Survey & Analysis
• VMT Assessments
RELATED SKILLS
• Use of Various Traffic Engineering and Transportation Planning Software:
HCS 6
Synchro 11
SimTraffic 11
• 3-D Sketch Up
• AutoCAD 2023
• ArcGIS/ArcMAP
• Caltrans PeMS Data Source
• Civil 3D
• Java
• MATLAB
• SolidWorks
SYNOPSIS OF PROFESSIONAL EXPERIENCE
• Project Engineer for the Preparation of 2023 VMT (Vehicle Mile Traveled) Guidelines per CEQA Requirements for the City of Imperial, Imperial, CA • Project Engineer for the City of Lancaster’s VMT Assessment for 44-Unit Garden Walkup Apartments at 40th Street and Avenue L, Lancaster, CA • Project Engineer for the City of Perris’ Scoping Agreement • Engineering Assistant for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Needles in San Bernardino County, CA
• Engineering Assistant for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Big Bear Lake in San Bernardino County, CA
• Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Lemoore in Kings County, CA
• Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of San Pablo in Contra Costa County, CA
• Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Big Bear Lake in San Bernardino County, CA
• Project Engineer for the Peer Review of the Local Roadway Safety Plan (LRSP) for the City of Colton in San Bernardino County, CA
• Prepared the 2023 E & TS Report for 21 street segments the City of Needles, CA • Prepared the 2023 E & TS Report for 29 street segments the City of Solana Beach, CA • Project Engineer for the City of Beverly Hills’ Los Angeles School of Gymnastics Parking & Traffic Study, Beverly Hills, CA
• Project Engineer for the Legal Review of the Traffic Collision Assessment for Ave M/Columbia Way at 20th St. E Street for the City of Palmdale, CA MANHOURS & LEVELS OF EFFORTS ESTIMATES (1st Revised)
City of Seal Beach's Cost Proposal
Safety Action Plan(SAP)
MINAGAR & ASSOCIATES, INC.
DIRECT
TASK AND DESCRIPTION PM PE SE FM SD EA COST* TOTAL
1 Project Management 98 0 0 0 0 8 $0 $22,726
2 Safety Analysis 65 24 6 0 8 98 $0 $30,800
3 Engagement and Collaboration (3 Stakeholder Meetings & 1 Community Workshop + 1 Disadv. Community Mtn 50 0 0 0 0 20 $0 $12,956 4 Policy and Process Changes 46 26 10 0 9 52 $0 $23,929 5 Strategy and Project Selections (including FHWA Approved Countermeasures) 45 24 8 0 35 65 $0 $28,315 6 Development of Final SAP (Preparing Draft & Final Reports) 154 44 6 0 22 241 $0 $69,862 7 Closeout 25 0 0 0 0 46 $0 $9,556
Total Hours 483 118 30 0 74 530
Hourly Rate $224.92 $224.92 $179.79 $127.36 $165.72 $85.49 $0 Total Labor Cost ($) $108,636 $26,541 $5,394 $0 $12,263 $45,310 $0 $198,144 TOTAL COST $198,144
PM Project Manager PE Principal Engineer SE Senior Engineer SD Senior Designer EA Engineering Assistant FM Field Manager/Dep Rep 10/23/2023
* Since this is a Federal Procurement in which stipulates no compensation for Travel/Mileage, Equipment, Spplies & Indirect Costs must be made.
MINAGAR & ASSOCIATES, INC.
23282 Mill Creek Drive, Suite 120
Laguna Hills, CA 92653
Tel: (949)707-1199
Web: www.minagarinc.com
2019 Winner of the Orange County Engineering Council’s Outstanding Service Award 2016 Winner of the ASCE’s Outstanding Civil Engineer in the Private Sector Award in the State of California 2016 Winner of the ASCE Los Angeles Section’s Outstanding Civil Engineer in the Private Sector Award 2016 Winner of the ASCE Orange County Chapter’s Outstanding Civil Engineer in the Private Sector Award 2016 Certificate of Recognition for Dedication to Support the ELTP Program by Los Angeles County MTA/Metro 2016 Winner of the Orange County Engineering Council’s Outstanding Engineering Service Award 2015 Orange County Business Journal’s 2015 Excellence in Entrepreneurship Award Nominee 2014 Orange County Business Journal’s 2014 Excellence in Entrepreneurship Award Nominee 2012 Winner of Cal-EPA/California Air Resources Board’s Cool California Climate Leader
2011 Award of Excellence in Service by Los Angeles County MTA/Metro in the County of Los Angeles
2011 Award of Excellence in Service by Los Angeles County MTA/Metro in the County of Los Angeles
2010 Award of Excellence in Service by Los Angeles County MTA/Metro in the County of Los Angeles
2009 Winner of the ASCE’s Outstanding Private Sector Civil Engineering Project in Metropolitan Los Angeles
2009 Winner of the Caltrans’ 2009 Excellence in Transportation Award in the State of California
2007 Winner of the ASCE’s Outstanding Public/Private Sector Civil Engineering Project in Metropolitan Los Angeles
2005 Winner of the APWA’s Best Traffic Congestion Mitigation Project of the Year in Southern California
2004 Top Nominee of Transportation Foundation’s Highway Management Program in the State of California
2003 Winner of the PTI’s Best Transportation Technology Solutions Award in the United States
2002 Winner of the ITS-CA’s Best Return on Investment Project Award in the State of California
2000 Award of Excellence in Service by Los Angeles County MTA/Metro in the County of Los Angeles
Celebrating 30 Years ofPlanning & EngineeringExcellence • Traffic Engineering
• Transportation Planning
• ITS (Intelligent Transportation Systems)
• Civil/Electrical Engineering
• Homeland Security
• Construction Engineering Management
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2903700
EXHIBIT C
U.S. Department of Transportation General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All (SS4A) Grant Program: FHWA Projects, dated February 8, 2023
1 of 29
U.S. DEPARTMENT OF TRANSPORTATION
GENERAL TERMS AND CONDITIONS UNDER THE
FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL (“SS4A”) GRANT PROGRAM:
FHWA PROJECTS
Revision date: February 8, 2023
2 of 29
Table of Contents
Article 7 Purpose............................................................................................................................. 6
7.1 Purpose. ......................................................................................................................................... 6 Article 8 USDOT Role.................................................................................................................... 6
8.1 Division of USDOT Responsibilities. ........................................................................................... 6
8.2 USDOT Program Contacts............................................................................................................ 7 Article 9 Recipient Role.................................................................................................................. 7
9.1 Statements on the Project. ............................................................................................................. 7
9.2 Statements on Authority and Capacity. ......................................................................................... 7
9.3 USDOT Reliance. ......................................................................................................................... 8
9.4 Project Delivery. ........................................................................................................................... 8
9.5 Rights and Powers Affecting the Project. ..................................................................................... 8
9.6 Notification of Changes to Key Personnel. ................................................................................... 9 Article 10 Award Amount, Obligation, and Time Periods ............................................................. 9
10.1 Federal Award Amount ................................................................................................................. 9
10.2 Federal Obligations. ...................................................................................................................... 9
10.3 Budget Period. .............................................................................................................................. 9
10.4 Period of Performance……...……………..……………………………………………………..9 Article 11 Statement of Work, Schedule, and Budget Changes ..................................................... 9
11.1 Notification Requirement. ............................................................................................................. 9
11.2 Statement of Work Changes…………………………………………………………………....10
11.3 Schedule Changes………………………………………………………………………………10
11.4 Budget Changes………………………………………………………………………………...10
11.5 USDOT Acceptance of Changes................................................................................................. 11 Article 12 General Reporting Terms............................................................................................. 11
12.1 Report Submission. ..................................................................................................................... 11
12.2 Alternative Reporting Methods. .................................................................................................. 11
12.3 Paperwork Reduction Act Notice. .............................................................................................. 11 Article 13 Progress and Financial Reporting ................................................................................ 12
13.1 Quarterly Project Progress Reports and Recertifications. ........................................................... 12
13.2 Final Progress Reports and Financial Information. ..................................................................... 12 Article 14 Performance Reporting ................................................................................................ 12
14.1 Baseline Performance Measurement. .......................................................................................... 12
14.2 Post-construction Performance Measurement............................................................................. 13
14.3 Project Outcomes Report. ............................................................ ..............................................13
14.4 Performance Reporting Survival. ................................................................................................ 13
14.5 Program Evaluation…………………………………………………………………………….13 Article 15 Noncompliance and Remedies ..................................................................................... 13
15.1 Noncompliance Determinations. ................................................................................................. 13
15.2 Remedies. .................................................................................................................................... 14
15.3 Other Oversight Entities.............................................................................................................. 15 Article 16 Agreement Termination ............................................................................................... 15
16.1 USDOT Termination. ................................................................................................................. 15
16.2 Closeout Termination. ................................................................................................................. 16
16.3 Post-Termination Adjustments. .................................................................................................. 16
16.4 Non-Terminating Events. ............................................................................................................ 16
16.5 Other Remedies. .......................................................................................................................... 16 Article 17 Monitoring, Financial Management, Controls, and Records ....................................... 16 3 of 29
17.1 Recipient Monitoring and Record Retention. ............................................................................. 16
17.2 Financial Records and Audits. .................................................................................................... 17
17.3 Internal Controls. ........................................................................................................................ 17
17.4 USDOT Record Access. ............................................................................................................. 17 Article 18 Contracting and Subawards ......................................................................................... 17
18.1 Build America, Buy America. ......................................................................................................17
18.2 Small and Disadvantaged Business Requirements. .................................................................... 20
18.3 Engineering and Design Services. .............................................................................................. 20
18.4 Foreign Market Restrictions........................................................................................................ 20
18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. .. 20
18.6 Recipient Responsibilities for Subawards. .................................................................................. 20
18.7 Subaward and Contract Authorization. ....................................................................................... 20 Article 19 Costs, Payments, and Unexpended Funds ................................................................... 20
19.1 Limitation of Federal Award Amount. ....................................................................................... 20
19.2 Projects Costs.............................................................................................................................. 21
19.3 Timing of Project Costs. ............................................................................................................. 21
19.4 Recipient Recovery of Federal Funds. ........................................................................................ 21
19.5 Unexpended Federal Funds. ........................................................................................................ 21
19.6 Timing of Payments to the Recipient. ......................................................................................... 21
19.7 Payment Method………………………………………………………………………………..21
19.8 Information Supporting Expenditures. .........................................................................................21
19.9 Reimbursement Frequency. ........................................................................................................ 22 Article 20 Liquidation, Adjustments, and Funds Availability ...................................................... 22
20.1 Liquidation of Recipient Obligations. ......................................................................................... 22 Article 21 Agreement Modifications ............................................................................................ 22
21.1 Bilateral Modifications. .............................................................................................................. 22
21.2 Unilateral Contact Modifications. ............................................................................................... 22
21.3 USDOT Unilateral Modifications. .............................................................................................. 22
21.4 Other Modifications. ................................................................................................................... 22 Article 22 Climate Change and Environmental Justice ................................................................ 23
22.1 Climate Change and Environmental Justice. .............................................................................. 23 Article 23 Racial Equity and Barriers to Opportunity .................................................................. 23
23.1 Racial Equity and Barriers to Opportunity.................................................................................. 23 Article 24 Federal Financial Assistance, Administrative, and National Policy Requirements .... 23
24.1 Uniform Administrative Requirements for Federal Awards. ...................................................... 23
24.2 Federal Law and Public Policy Requirements. ........................................................................... 23
24.3 Federal Freedom of Information Act. ......................................................................................... 23
24.4 History of Performance. .............................................................................................................. 23
24.5 Whistleblower Protection. ........................................................................................................... 24
24.6 External Award Terms and Obligations. ..................................................................................... 24
24.7 Incorporated Certifications. ........................................................................................................ 24 Article 25 Assignment .................................................................................................................. 25
25.1 Assignment Prohibited. ............................................................................................................... 25 Article 26 Waiver .......................................................................................................................... 25
26.1 Waivers. ...................................................................................................................................... 25 Article 27 Additional Terms and Conditions ................................................................................ 25
27.1 Effect of Action Plan or Implementation Plan. .......................................................................... 25
27.2 Disclaimer of Federal Liability. .................................................................................................. 25
27.3 Environmental Review. ............................................................................................................... 27
27.4 Railroad Coordination. ................................................................................................................ 27 4 of 29
27.5 Relocation and Real Property Acquisition……………………..………………………………..27
27.6 Equipment Disposition………………………………………………………………………...27 Article 28 Mandatory Award Information .................................................................................... 27
28.1 Information Contained in a Federal Award. ............................................................................... 27 Article 29 Construction and Definitions ....................................................................................... 28
29.1 Attachments. ............................................................................................................................... 28
29.2 Exhibits. ...................................................................................................................................... 28
29.3 Construction. ............................................................................................................................... 28
29.4 Integration. .................................................................................................................................. 28
29.5 Definitions. .................................................................................................................................. 28 Article 30 Agreement Execution and Effective Date ................................................................... 29
30.1 Counterparts. ............................................................................................................................... 29
30.2 Effective Date. ............................................................................................................................ 29 5 of 29
Index of Definitions
Administering Operating Administration ....................................................................................... 7 Environmental Review Entity…………………………………………………………………....25 Federal Share ................................................................................................................................ 11 FHWA ............................................................................................................................................. 7 NOFO.............................................................................................................................................. 6 OMB ............................................................................................................................................. 11 Program Statute ............................................................................................................................. 28 Project……………………………………………………………………………………………19
Project Closeout ............................................................................................................................ 16 SS4A Grant ................................................................................................................................... 28 USDOT ........................................................................................................................................... 6 6 of 29
GENERAL TERMS AND CONDITIONS
The Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “Bipartisan Infrastructure Law” or “BIL”) established the Safe Streets and Roads for All (SS4A) Discretionary Grant Program (BIL Section 24112) and appropriated funds to the United States Department of Transportation (the “USDOT”) under Division J, Title VIII of BIL to implement the program. The funds are available to provide Federal financial assistance to support local initiatives to prevent death and serious injury on roads and streets, commonly referred to as “Vision Zero” or “Toward Zero Deaths” initiatives.
The USDOT published a Notice of Funding Opportunity (the “NOFO”) to solicit applications for Federal financial assistance in Fiscal Year 2022 for the SS4A Discretionary Grant Program (87 Fed. Reg. 31606 (May 24, 2022; subsequently amended in 87 Fed. Reg. 47818 on August 4, 2022)).
These general terms and conditions are incorporated by reference in a project-specific grant agreement under the fiscal year 2022 SS4A grant program. Articles 1–6 are in the projectspecific portion of the agreement. The term “Recipient” is defined in the project-specific portion of the agreement. Attachments A through D are project-specific attachments.
ARTICLE 7
PURPOSE
7.1 Purpose. The purpose of this award is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development or projects focused on all users, including pedestrians, bicyclists, public transportation users, motorists, personal conveyance and micromobility users, and commercial vehicle operators. The parties will accomplish that purpose by achieving the following objectives:
(1) timely completing the Project; and
(2) ensuring that this award does not substitute for non-Federal investment in the Project, except as proposed in the Grant Application, as modified by section 3.3 and Attachment B.
ARTICLE 8
USDOT ROLE
8.1 Division of USDOT Responsibilities.
(a) The Office of the Secretary of Transportation is ultimately responsible for the USDOT’s administration of the SS4A Grant Program.
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(b) The Federal Highway Administration (the “FHWA”) will administer this grant agreement on behalf of the USDOT. In this agreement, the “Administering Operating Administration” means the FHWA.
8.2 USDOT Program Contacts.
FHWA Safe Streets and Roads for All
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue SE
HSA-1, Mail Drop E71-117
Washington, DC 20590
[email protected]
(202) 366-2201
and
[enter FHWA Division Office lead point of contact]
[enter address]
[enter email address]
[enter telephone]
ARTICLE 9
RECIPIENT ROLE
9.1 Statements on the Project. The Recipient states that:
(1) all material statements of fact in the Grant Application were accurate when that application was submitted; and
(2) Attachment B documents all material changes in the information contained in that application.
9.2 Statements on Authority and Capacity. The Recipient states that:
(1) it has the authority to receive Federal financial assistance under this agreement; (2) It has the legal authority to complete the Project, including either ownership and/or maintenance responsibilities over a roadway network; safety responsibilities that affect roadways; or has an agreement from the agency that has ownership and/or maintenance responsibilities for the roadway within the applicant’s jurisdiction; if applicable.
(3) it has the capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement;
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(4) not less than the difference between the “Total Eligible Project Cost” and the “SS4A Grant Amount” listed in section 3.3 are committed to fund the Project; (5) it has sufficient funds available, or an agreement with the agency that has ownership and/or maintenance responsibilities for the roadway within the recipient’s jurisdiction, to ensure that infrastructure completed or improved under this agreement will be operated and maintained in compliance with this agreement and applicable Federal law; and
(6) the individual executing this agreement on behalf of the Recipient has authority to enter this agreement and make the statements in this article 9 and in section 24.7 on behalf of the Recipient.
9.3 USDOT Reliance. The Recipient acknowledges that:
(1) the USDOT relied on statements of fact in the Grant Application to select the Project to receive this award;
(2) the USDOT relied on statements of fact in both the Grant Application and this agreement to determine that the Recipient and the Project are eligible under the terms of the NOFO;
(3) the USDOT relied on statements of fact in both the Grant Application and this agreement to establish the terms of this agreement; and (4) the USDOT’s selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants.
9.4 Project Delivery.
(a) The Recipient shall complete the Project under the terms of this agreement. (b) The Recipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all applicable Federal laws, regulations, and policies. (c) The Recipient shall provide any certifications or assurances deemed necessary by the USDOT in ensuring the Recipient’s compliance with all applicable laws, regulations, and policies.
(d) The Recipient shall provide access to records as provided at 2 CFR 200.337.
9.5 Rights and Powers Affecting the Project.
(a) The Recipient shall not take or permit any action that deprives it of any rights or powers necessary to the Recipient’s performance under this agreement without written approval of the USDOT.
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(b) The Recipient shall act, in a manner acceptable to the USDOT, promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient’s performance under this agreement.
9.6 Notification of Changes to Key Personnel. The Recipient shall notify all USDOT representatives who are identified in Section 4.4 in writing within 30 calendar days of any change in key personnel who are identified in Section 4.3.
ARTICLE 10
AWARD AMOUNT, OBLIGATION, AND TIME PERIODS
10.1 Federal Award Amount The USDOT hereby awards a SS4A Grant to the Recipient in the amount listed in Section 2.2 as the SS4A Grant Amount.
10.2 Federal Obligations.
This agreement obligates for the period of performance listed in section 2.3 of the grant agreement.
10.3 Budget Period
The budget period for this award begins on the date of this agreement and ends on the budget period end date that is listed in section 2.4, which shall be no later than 5 years from the date of grant execution. In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1.
10.4 Period of Performance.
(a) The period of performance for this award begins on the effective date of award listed in page 1 item 2 and ends on the period of performance end date that is listed in Section 2.3. (b) In this agreement, “period of performance” is used as defined at 2 C.F.R. 200.1.
ARTICLE 11
STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES
11.1 Notification Requirement. The Recipient shall notify all USDOT representatives who are identified in section 4.4 in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Recipient’s plan to complete the Project. In that notification, the Recipient shall describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. This notification requirement under this section 11.1 is separate from any requirements under this article 11 that the Recipient request amendment of this agreement. 10 of 29
11.2 Statement of Work Changes. If the Project’s activities differ from the statement of work that is described in section 3.1 and Attachment B, then the Recipient shall request an amendment of this agreement to update section 3.1.
11.3 Schedule Changes. If one or more of the following conditions are satisfied, then the Recipient shall request an amendment of this agreement to update the relevant dates:
(1) a substantial completion date for the Project or a component of the Project is listed in section 3.2 and the Recipient’s estimate for that milestone changes to a date that is more than six months after the date listed in section 3.2; or (2) a schedule change would require the period of performance to continue after the period of performance end date listed in section 2.3.
For other schedule changes, the Recipient shall request an amendment of this agreement unless the USDOT has consented, in writing consistent with applicable requirements, to the change.
11.4 Budget Changes.
(a) The Recipient acknowledges that if the cost of completing the Project increases:
(1) that increase does not affect the Recipient’s obligation under this agreement to complete the Project; and
(2) the USDOT will not increase the amount of this award to address any funding shortfall.
(b) The Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B if, in comparing the Project’s budget to the amounts listed in section 3.3:
(1) the “Non-Federal Funds” amount decreases; or
(2) the “Total Eligible Project Cost” amount decreases. (c) For budget changes that are not identified in section 11.4(b), the Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B unless the USDOT has consented, in writing consistent with applicable requirements, to the change. (d) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3, then the Recipient may propose to the USDOT, in writing consistent with applicable requirements, specific additional activities that are within the scope of this award, as defined in sections 7.1 and 3.1, and that the Recipient could complete with the difference between the “Total Eligible Project Cost” that is listed in section 3.3 and the actual eligible project costs.
(e) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3 and either the Recipient does not make a proposal under section 11 of 29
11.4(d) or the USDOT does not accept the Recipient’s proposal under section 11.4(d), then:
(1) in a request under section 11.4(b), the Recipient shall reduce the Federal Share by the difference between the “Total Eligible Project Cost” that is listed in section
3.3 and the actual eligible project costs; and
(2) if that amendment reduces this award and the USDOT had reimbursed costs exceeding the revised award, the Recipient shall request to add additional project work that is within the scope of this project.
In this agreement, “Federal Share” means the sum of the “SS4A Action Plan or Implementation Grant Amount” and the “Other Federal Funds” amounts that are listed in section 3.3.
(f) The Recipient acknowledges that amounts that are required to be refunded under section
11.4(e)(2) constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999).
11.5 USDOT Acceptance of Changes. The USDOT may accept or reject amendments requested under this article 11, and in doing so may elect to consider only the interests of the SS4A grant program and the USDOT. The Recipient acknowledges that requesting an amendment under this article 11 does not amend, modify, or supplement this agreement unless the USDOT accepts that amendment request and the parties modify this agreement under section 21.1.
ARTICLE 12
GENERAL REPORTING TERMS
12.1 Report Submission. The Recipient shall send all reports required by this agreement to all USDOT contacts who are listed in section 4.4. Reports will be added to a central repository maintained by FHWA.
12.2 Alternative Reporting Methods. FHWA may establish processes for the Recipient to submit reports required by this agreement, including electronic submission processes. If the Recipient is notified of those processes in writing, the Recipient shall use the processes required by the FHWA.
12.3 Paperwork Reduction Act Notice.
Under 5 C.F.R. 1320.6, the Recipient is not required to respond to a collection of information that does not display a currently valid control number issued by the Office of Management and Budget (the “OMB”). Collections of information conducted under this agreement are approved under OMB Control No. 2105-0520. 12 of 29
ARTICLE 13
PROGRESS AND FINANCIAL REPORTING
13.1 Quarterly Program Performance Reports. Quarterly, on or before the 20th day of the first month of each calendar year (e.g., reports due on or before January 20th, April 20th, July 20th, and October 20th) and until the end of the period of performance, the Recipient shall submit to the USDOT a Quarterly Project Progress Report in the format and with the content described in Exhibit C (SF-PPR). If the date of this agreement is in the final month of a calendar year, then the Recipient shall submit the first Quarterly Project Progress Report in the second calendar year that begins after the date of this agreement.
13.2 Quarterly Financial Status. Quarterly, on or before the 20th day of the first month of each calendar year, the Recipient shall submit a Federal Financial Report using SF-425.
ARTICLE 14
PERFORMANCE REPORTING
14.1 Baseline Performance Measurement. If the Designation in Section 2.5 is “Implementation,” then:
(1) the Recipient shall collect data for each performance measure that is identified in the Performance Measure Table in Attachment A, accurate as of the Baseline Measurement Date that is identified in Attachment A; and (2) on or before the Baseline Report Date that is stated in Attachment A, the Recipient shall submit a Baseline Performance Measurement Report that contains the data collected under this section 14.1 and a detailed description of the data sources, assumptions, variability, and estimated levels of precision for each performance measure that is identified in the Performance Measure Table in Attachment A.
14.2 Section 24112(h) Report: The Recipient shall submit to the USDOT, not later than 120 days after the end of the period of performance, a report that describes, consistent with section 24112(g) of BIL:
(1) the costs of carrying out the project;
(2) the outcomes and benefits that each eligible project generated as identified in the grant application and measured by data to the maximum extent practicable (i.e. number of fatalities and serious injuries that occurred within the limits of the project location); and
(3) the lessons learned, and any recommendations related to future projects or strategies to prevent death and serious injuries on roads and streets. 13 of 29
14.3 Performance Measurement Information.
For each performance measure that is identified in the Performance Measure Table in Attachment A, not later than January 31 of each year that follows a calendar year within the period of performance during which data was collected, the Recipient shall submit to the USDOT a Performance Measurement Report containing the data collected in the previous calendar year and stating the dates when the data was collected.
14.4 Performance Reporting Survival.
The data collection and reporting requirements in this article 14 survive the termination of this agreement which is three years post period of performance.
14.5 Program Evaluation.
As a condition of grant award, the recipient may be required to participate in an evaluation undertaken by USDOT, or another agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients, an impact and/or outcomes analysis of all or selected sites within or across grant recipients, or a benefit/cost analysis or assessment of return on investment. The Department may require applicants to collect data elements to aid the evaluation. As a part of the evaluation, as a condition of award, grant recipients must agree to: (1) make records available to the evaluation contractor; (2) provide access to program records, and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or USDOT staff.
ARTICLE 15
NONCOMPLIANCE AND REMEDIES
15.1 Noncompliance Determinations.
(a) If the USDOT determines that the Recipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this agreement, the USDOT may notify the Recipient of a proposed determination of noncompliance. For the notice to be effective, it must be written and the USDOT must include an explanation of the nature of the noncompliance, describe a remedy, state whether that remedy is proposed or effective at an already determined date, and describe the process through and form in which the Recipient may respond to the notice.
(b) If the USDOT notifies the Recipient of a proposed determination of noncompliance under section 15.1(a), the Recipient may, not later than 7 calendar days after the notice, respond to that notice in the form and through the process described in that notice. In its response, the Recipient may:
(1) accept the remedy;
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(2) acknowledge the noncompliance, but propose an alternative remedy; or (3) dispute the noncompliance.
To dispute the noncompliance, the Recipient must include in its response documentation or other information supporting the Recipient’s compliance. (c) The USDOT may make a final determination of noncompliance only:
(1) after considering the Recipient’s response under section 15.1(b); or (2) if the Recipient fails to respond under section 15.1(b), after the time for that response has passed.
(d) To make a final determination of noncompliance, the USDOT must provide a notice to the Recipient that states the bases for that determination.
15.2 Remedies.
(a) If the USDOT makes a final determination of noncompliance under section 15.1(d), the USDOT may impose a remedy, including:
(1) additional conditions on the award;
(2) any remedy permitted under 2 C.F.R. 200.339–200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to USDOT; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; or
(3) any other remedy legally available.
(b) To impose a remedy, the USDOT must provide a written notice to the Recipient that describes the remedy, but the USDOT may make the remedy effective before the Recipient receives that notice.
(c) If the USDOT determines that it is in the public interest, the USDOT may impose a remedy, including all remedies described in section 15.2(a), before making a final determination of noncompliance under section 15.1(d). If it does so, then the notice provided under section 15.1(d) must also state whether the remedy imposed will continue, be rescinded, or modified.
(d) In imposing a remedy under this section 15.2 or making a public interest determination under section 15.2(c), the USDOT may elect to consider the interests of only the USDOT.
(e) The Recipient acknowledges that amounts that the USDOT requires the Recipient to refund to the USDOT due to a remedy under this section 15.2 constitute a debt to the 15 of 29
Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999).
15.3 Other Oversight Entities.
Nothing in this article 15 limits any party’s authority to report activity under this agreement to the United States Department of Transportation Inspector General or other appropriate oversight entities.
ARTICLE 16
AGREEMENT TERMINATION
16.1 USDOT Termination.
(a) The USDOT may terminate this agreement and all of its obligations under this agreement if any of the following occurs:
(1) the Recipient fails to obtain or provide any non-SS4A Grant contribution (all eligible project costs other than the SS4A Grant Amount, as described in section
3.2 table (a) of the grant agreement) or alternatives approved by the USDOT as provided in this agreement and consistent with article 3; (2) a construction start date for the Project or Strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section
3.2;
(3) a substantial completion date for the Project or Strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section 3.2;
(4) the Recipient fails to comply with the terms and conditions of this agreement, including a material failure to comply with the schedule in section 3.2 even if it is beyond the reasonable control of the Recipient; or,
(5) the USDOT determines that termination of this agreement is in the public interest. (6) the Recipient fails to expend the funds within 5 years after the date on which the government executes the grant agreement, which is the date funds are provided for the project.
(b) In terminating this agreement under this section, the USDOT may elect to consider only the interests of the USDOT.
(c) This section 16.1 does not limit the USDOT’s ability to terminate this agreement as a remedy under section 15.2.
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(d) The Recipient may request that the USDOT terminate the agreement under this section
16.1. 16.2 Closeout Termination.
(a) This agreement terminates on Project Closeout.
(b) In this agreement, “Project Closeout” means the date that the USDOT notifies the Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout should occur no later than one year after the end of the period of performance.
16.3 Post-Termination Adjustments. The Recipient acknowledges that under 2 C.F.R. 200.345–200.346, termination of the agreement does not extinguish the USDOT’s authority to disallow costs, including costs that USDOT reimbursed before termination, and recover funds from the Recipient.
16.4 Non-Terminating Events.
(a) The end of the period of performance described under section 10.4 does not terminate this agreement or the Recipient’s obligations under this agreement. (b) The liquidation of funds under section 20.1 does not terminate this agreement or the Recipient’s obligations under this agreement.
16.5 Other Remedies. The termination authority under this article 16 supplements and does not limit the USDOT’s remedial authority under article 15 or 2 C.F.R. part 200, including 2 C.F.R. 200.339–200.340.
ARTICLE 17
MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS
17.1 Recipient Monitoring and Record Retention.
(a) The Recipient shall monitor activities under this award, including activities under subawards and contracts, to ensure:
(1) that those activities comply with this agreement; and (2) that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award. (b) If the Recipient makes a subaward under this award, the Recipient shall monitor the activities of the subrecipient in compliance with 2 C.F.R. 200.332(d). (c) The Recipient shall retain records relevant to the award as required under 2 C.F.R. 200.334.
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17.2 Financial Records and Audits.
(a) The Recipient shall keep all project accounts and records that fully disclose the amount and disposition by the Recipient of the award funds, the total cost of the Project, and the amount or nature of that portion of the cost of the Project supplied by other sources, and any other financial records related to the project.
(b) The Recipient shall keep accounts and records described under section 17.2(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 200.301–200.303, 2 C.F.R. part 200, subpart F, and title 23, United States Code, and will facilitate an effective audit in accordance with 31 U.S.C. 7501–7506. (c) The Recipient shall separately identify expenditures under the fiscal year 2022 SS4A grants program in financial records required for audits under 31 U.S.C. 7501–7506.
Specifically, the Recipient shall:
(1) list expenditures under that program separately on the schedule of expenditures of Federal awards required under 2 C.F.R. part 200, subpart F, including “FY 2022” in the program name; and
(2) list expenditures under that program on a separate row under Part II, Item 1 (“Federal Awards Expended During Fiscal Period”) of Form SF-SAC, including “FY 2022” in column c (“Additional Award Identification”).
17.3 Internal Controls. The Recipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303.
17.4 USDOT Record Access. The USDOT may access Recipient records related to this award under 2 C.F.R. 200.337.
ARTICLE 18
CONTRACTING AND SUBAWARDS
18.1 Build America, Buy America. This award term implements § 70914(a) of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021) and Office of Management and Budget (OMB) Memorandum M-22-11, “Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.”
Requirement to Use Iron, Steel, Manufactured Products, and Construction Materials Produced in the United States.
The Recipient shall not use funds provided under this award for a project for infrastructure unless:
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(1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product; and
(3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.
Inapplicability.
The domestic content procurement preference in this award term only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Waivers.
When necessary, the Recipient may apply for, and the USDOT may grant, a waiver from the domestic content procurement preference in this award term.
A request to waive the application of the domestic content procurement preference must be in writing. The USDOT will provide instructions on the waiver process and on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Office of Management and Budget (OMB) Made in America Office.
When the USDOT has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the USDOT determines that:
(1) applying the domestic content procurement preference would be inconsistent with the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
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(3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.
There may be instances where an award qualifies, in whole or in part, for an existing waiver described at https://www.transportation.gov/office-policy/transportation-policy/made-in-america.
Definitions
“Construction materials” includes an article, material, or supply—other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of:
• non-ferrous metals;
• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);
• glass (including optic glass);
• lumber; or
• drywall.
“Domestic content procurement preference” means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. “Primarily iron or steel” means that the cost of the iron and steel content in the article, material, or supply exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
“Project” means the construction, alteration, maintenance, or repair of infrastructure in the United States.
(a) Construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America, Buy America Act, Pub. L. No. 117-58, div.
G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021), as implemented by OMB, USDOT, and FHWA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).
(b) Under 2 C.F.R. 200.322, as appropriate and to the extent consistent with law, the Recipient should, to the greatest extent practicable under this award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The Recipient shall include the requirements of 2 C.F.R. 200.322 in all subawards including all contracts and purchase orders for work or products under this award.
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18.2 Small and Disadvantaged Business Requirements. The Recipient shall expend all funds under this award in compliance with the requirements at 2 C.F.R. 200.321 (“Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms”).
18.3 Engineering and Design Services. The Recipient shall award each contract or subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner that a contract for architectural and engineering services is negotiated under 2 CFR 200.320or an equivalent qualifications-based requirement prescribed for or by the Recipient.
18.4 Foreign Market Restrictions. The Recipient shall not allow funds provided under this award to be used to fund the use of any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. The Recipient acknowledges that Section 889 of Pub. L. No. 115-232, 2 C.F.R. 200.216 and 2 C.F.R. 200.471 prohibit the Recipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award.
18.6 Recipient Responsibilities For Subawards. If the Recipient makes a subaward under this award, the Recipient shall comply with the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333.
18.7 Subaward and Contract Authorization.
If the USDOT Office for Subaward and Contract Authorization identified in section 5.1 is “FHWA Office of Acquisition and Grants Management,” then the Recipient shall obtain prior written approval from the USDOT agreement officer for the subaward or contracting out of any work under this agreement for Action Plan awards. This provision does not apply to the acquisition of supplies, material, equipment or general support services. That approval will be contingent upon a fair and reasonable price determination on the part of the Recipient and the agreement officer’s concurrence on that determination.
ARTICLE 19
COSTS, PAYMENTS, AND UNEXPENDED FUNDS
19.1 Limitation of Federal Award Amount. Under this award, the USDOT shall not provide funding greater than the amount obligated on the SS4A Grant cover page, Item 11, Federal Funds Obligated. The Recipient acknowledges that USDOT is not liable for 21 of 29
payments exceeding that amount, and the Recipient shall not request reimbursement of costs exceeding that amount.
19.2 Projects Costs. This award is subject to the cost principles at 2 C.F.R. part 200 subpart E, including provisions on determining allocable costs and determining allowable costs.
19.3 Timing of Project Costs.
(a) The Recipient shall not charge to this award costs that are incurred after the period of performance.
(b) The Recipient shall not charge to this award costs that were incurred before the effective date of award of this agreement, unless there has been an approval pre-award costs under 2 C.F.R. 200.458. pre-award costs under 2 C.F.R. 200.458.
19.4 Recipient Recovery of Federal Funds. The Recipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT determines, after consultation with the Recipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award. The Recipient shall not enter a settlement or other final position, in court or otherwise, involving the recovery of funds under the award unless approved in advance in writing by the USDOT.
19.5 Unexpended Federal Funds. Any Federal funds that are awarded at section 10.1 but not expended on allocable, allowable costs remain the property of the United States.
19.6 Timing of Payments to the Recipient. When reimbursement is used, the Recipient shall not request reimbursement of a cost before the Recipient has entered an obligation for that cost.
19.7 Payment Method. The USDOT may deny a payment request that is not submitted using the method identified in section 5.2.
19.8 Information Supporting Expenditures
(a) If the USDOT Payment System identified in section 5.2 is “DELPHI eInvoicing,” then when requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit the SF 270 (Request for Advance or Reimbursement), shall identify the Federal share and the Recipient’s share of costs, and shall submit supporting cost detail to clearly document all costs incurred. As supporting cost detail, the Recipient shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, and travel.
(b) If the Recipient submits a request for reimbursement that the USDOT determines does not include or is not supported by sufficient detail, the USDOT may deny the request or withhold processing the request until the Recipient provides sufficient detail. 22 of 29
19.9 Reimbursement Frequency. If the USDOT Payment System identified in section 5.2 is “DELPHI eInvoicing,” then the Recipient shall not request reimbursement more frequently than monthly.
ARTICLE 20
LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY
20.1 Liquidation of Recipient Obligations.
(a) The Recipient shall liquidate all obligations of award funds under this agreement not later than the earlier of (1) 120 days after the end of the period of performance or (2) the statutory availability to eligible entities date, which shall be 5 years after the date on which the grant is provided.
(b) Liquidation of obligations and adjustment of costs under this agreement follow the requirements of 2 C.F.R. 200.344–200.346.
ARTICLE 21
AGREEMENT MODIFICATIONS
21.1 Bilateral Modifications. The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the USDOT and the Recipient. Either party may request to amend, modify, or supplement this agreement by written notice to the other party.
21.2 Unilateral Contact Modifications.
(a) The USDOT may update the contacts who are listed in sections 4.4 by written notice to all of the Recipient contacts who are listed in section 4.3.
21.3 USDOT Unilateral Modifications.
(a) The USDOT may unilaterally modify this agreement to comply with Federal law, including the Program Statute.
(b) To unilaterally modify this agreement under this section 21.3(a), the USDOT must provide a notice to the Recipient that includes a description of the modification and state the date that the modification is effective.
21.4 Other Modifications. The parties shall not amend, modify, or supplement this agreement except as permitted under sections 21.1, 21.2, or 21.3. If an amendment, modification, or supplement is not permitted under section 21.1, not permitted under section 21.2, and not permitted under section 21.3, it is void.
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ARTICLE 22
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE
22.1 Climate Change and Environmental Justice. Consistent with Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad” (Jan. 27, 2021), Attachment C documents the consideration of climate change and environmental justice impacts of the Project.
ARTICLE 23
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
23.1 Racial Equity and Barriers to Opportunity. Consistent with Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” (Jan. 20, 2021), Attachment D documents activities related to the Project to improve racial equity and reduce barriers to opportunity.
ARTICLE 24
FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL
POLICY REQUIREMENTS
24.1 Uniform Administrative Requirements for Federal Awards. The Recipient shall comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201.
24.2 Federal Law and Public Policy Requirements.
(a) The Recipient shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements:
including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.
(b) The failure of this agreement to expressly identify Federal law applicable to the Recipient or activities under this agreement does not make that law inapplicable.
24.3 Federal Freedom of Information Act.
(a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552. (b) The Recipient acknowledges that the Technical Application and materials submitted to the USDOT by the Recipient related to this agreement may become USDOT records subject to public release under 5 U.S.C. 552.
24.4 History of Performance. Under 2 C.F.R 200.206, any Federal awarding agency may consider the Recipient’s performance under this agreement when evaluating the risks of making a future Federal financial assistance award to the Recipient. 24 of 29
24.5 Whistleblower Protection.
(a) The Recipient acknowledges that it is a “grantee” within the scope of 41 U.S.C. 4712, which prohibits the Recipient from taking certain actions against an employee for certain disclosures of information that the employee reasonably believes are evidence of gross mismanagement of this award, gross waste of Federal funds, or a violation of Federal law related this this award.
(b) The Recipient shall inform its employees in writing of the rights and remedies provided under 41 U.S.C. 4712, in the predominant native language of the workforce.
24.6 External Award Terms and Obligations.
(a) In addition to this document and the contents described in article 29, this agreement includes the following additional terms as integral parts:
(1) Appendix A to 2 C.F.R. part 25: System for Award Management and Universal Identifier Requirements;
(2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation;
(3) 2 C.F.R 175.15(b): Trafficking in Persons; and
(4) Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient Integrity and Performance Matters.
(b) The Recipient shall comply with:
(1) 49 C.F.R. part 20: New Restrictions on Lobbying;
(2) 49 C.F.R. part 21: Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964;
(3) 49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; and
(4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free Workplace (Financial Assistance).
24.7 Incorporated Certifications. The Recipient makes the statements in the following certifications, which are incorporated by reference:
(1) Appendix A to 49 CFR part 20 (Certification Regarding Lobbying). 25 of 29
ARTICLE 25
ASSIGNMENT
25.1 Assignment Prohibited. The Recipient shall not transfer to any other entity any discretion granted under this agreement, any right to satisfy a condition under this agreement, any remedy under this agreement, or any obligation imposed under this agreement.
ARTICLE 26
WAIVER
26.1 Waivers.
(a) A waiver granted by USDOT under this agreement will not be effective unless it is in writing and signed by an authorized representative of USDOT. (b) A waiver granted by USDOT under this agreement on one occasion will not operate as a waiver on other occasions.
(c) If USDOT fails to require strict performance of a provision of this agreement, fails to exercise a remedy for a breach of this agreement, or fails to reject a payment during a breach of this agreement, that failure does not constitute a waiver of that provision or breach.
ARTICLE 27
ADDITIONAL TERMS AND CONDITIONS
27.1 Effect of Action Plan or Implementation Plan. Based on information that the Recipient provided to the USDOT, including the Technical Application, at indicated in section 2.5, this agreement designates this award as an Action Plan award or a Implementation award, as defined in the NOFO. The Recipient shall comply with the requirements that accompany that designation on minimum award size, geographic location, and cost sharing.
27.2 Disclaimer of Federal Liability. The USDOT shall not be responsible or liable for any damage to property or any injury to persons that may arise from, or be incident to, performance or compliance with this agreement.
27.3 Environmental Review
(a) In this section, “Environmental Review Entity” means:
(1) if the Project is located in a State that has assumed responsibilities for environmental review activities under 23 U.S.C. 326 or 23 U.S.C. 327 and the Project is within the scope of the assumed responsibilities, the State; and
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(2) for all other cases, the FHWA.
(b) Except as authorized under section 27.3(c), the Recipient shall not begin final design; acquire real property, construction materials, or equipment; begin construction; or take other actions that represent an irretrievable commitment of resources for the Project unless and until:
(1) the Environmental Review Entity complies with the National Environmental Policy Act, 42 U.S.C. 4321 to 4370m-12, and any other applicable environmental laws and regulations; and
(2) if the Environmental Review Entity is not the Recipient, the Environmental Review Entity provides the Recipient with written notice that the environmental review process is complete.
(c) If the Recipient is using procedures for early acquisition of real property under 23 C.F.R. 710.501 or hardship and protective acquisitions of real property 23 C.F.R. 710.503, the Recipient shall comply with 23 C.F.R. 771.113(d)(1). (d) The Recipient acknowledges that:
(1) the Environmental Review Entity’s actions under section 27.3(a) depend on the Recipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and
(2) applicable environmental statutes and regulation may require the Recipient to prepare and submit documents to other Federal, State, and local agencies. (e) Consistent with 23 C.F.R. 771.105(a), to the extent practicable and consistent with Federal law, the Recipient shall coordinate all environmental investigations, reviews, and consultations as a single process.
(f) The activities described in this agreement may inform environmental decision-making processes, but the parties do not intend this agreement to document the alternatives under consideration under those processes. If a build alternative is selected that does not align information in this agreement, then:
(1) the parties may amend this agreement under section 21.1 for consistency with the selected build alternative; or
(2) if the USDOT determines that the condition at section 16.1(a)(5) is satisfied, the USDOT may terminate this agreement under section 16.1(a)(5). (g) The Recipient shall complete any mitigation activities described in the environmental document or documents for the Project, including the terms and conditions contained in the required permits and authorizations for the Project. 27 of 29
27.4 Railroad Coordination. If the agreement includes one or more milestones identified as a “Railroad Coordination Agreement,” then for each of those milestones, the Recipient shall enter a standard written railroad coordination agreement, consistent with 23 C.F.R. 646.216(d), no later than the deadline date identified for that milestone, with the identified railroad for work and operation within that railroad’s right-of-way.
27.5 Relocation and Real Property Acquisition.
(a) The Recipient shall comply with the land acquisition policies in 49 C.F.R. part 24 subpart B and shall pay or reimburse property owners for necessary expenses as specified in that subpart.
(b) The Recipient shall provide a relocation assistance program offering the services described in 49 C.F.R. part 24 subpart C and shall provide reasonable relocation payments and assistance to displaced persons as required in 49 C.F.R. part 24 subparts D–E.
(c) The Recipient shall make available to displaced persons, within a reasonable period of time prior to displacement, comparable replacement dwellings in accordance with 49 C.F.R. part 24 subpart E.
27.6 Equipment Disposition.
(a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Recipient or a subrecipient acquires equipment under this award, then when that equipment is no longer needed for the Project that entity shall request disposition instructions from the FHWA. (b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the disposition of equipment must be made in accordance with 2 C.F.R. 200.313–200.316 and 2 C.F.R. 1201.313.
(c) The Recipient shall ensure compliance with this section 27.6 for all tiers of subawards under this award.
ARTICLE 28
MANDATORY AWARD INFORMATION
28.1 Information Contained in a Federal Award. For 2 C.F.R. 200.211:
(1) the “Federal Award Date” is the date of this agreement, as defined under section
30.2;
(2) the “Assistance Listings Number” is 20.939 and the “Assistance Listings Title” is “Safe Streets and Roads for All Grant Program”; and
(3) this award is not for research and development.
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ARTICLE 29
CONSTRUCTION AND DEFINITIONS
29.1 Attachments. This agreement includes the following attachments as integral parts:
Attachment A Performance Measurement Information
Attachment B Changes from Application
Attachment C Racial Equity and Barriers to Opportunity
Attachment D Climate Change and Environmental Justice Impacts Attachment E Labor and Workforce
Attachment F Critical Infrastructure Security and Resilience
29.2 Exhibits. The following exhibits, which are in the document titled “Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 SS4A Grant Program”, dated February 8, 2023, and available at https://www.transportation.gov/sites/dot.gov/files/2023-02/SS4AFY22-FHWA-Exhibits_2023-02-08.pdf, are part of this agreement.
Exhibit A Applicable Federal Laws and Regulations
Exhibit B Additional Standard Terms
Exhibit C Quarterly Project Progress Reports and Recertifications: Format and Content
Exhibit D Form for Subsequent Obligation of Funds
29.3 Construction. If a provision in the exhibits or the attachments conflicts with a provision in articles 1–30, then the provision in articles 1–30 prevails. If a provision in the attachments conflicts with a provision in the exhibits, then the provision in the attachments prevails.
29.4 Integration. This agreement constitutes the entire agreement of the parties relating to the SS4A grant program and awards under that program and supersedes any previous agreements, oral or written, relating to the SS4A grant program and awards under that program.
29.5 Definitions. In this agreement, the following definitions apply:
“Program Statute” means the BIL section 24112 and statutory text under the heading “Safe Streets and Roads for All Grants” in title I of division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (November 15, 2021), and all other provisions of that act that apply to amounts appropriated under that heading. “Project” means the project proposed in the Grant Application, as modified by the negotiated provisions of this agreement, including article 3 and Attachments A–D. “SS4A Grant” means an award of funds that were made available under the NOFO. 29 of 29
“Grant Application” means the application identified in section 2.1, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov.
ARTICLE 30
AGREEMENT EXECUTION AND EFFECTIVE DATE
30.1 Counterparts. This agreement may be executed in counterparts, which constitute one document. The parties intend each countersigned original to have identical legal effect.
30.2 Effective Date. The agreement will become effective when all parties have signed it. The date of this agreement will be the date this agreement is signed by the last party to sign it.
This instrument constitutes a SS4A Grant when the USDOT’s authorized representative signs it.
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2903700
EXHIBIT D
U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program, dated February 8, 2023
U.S. DEPARTMENT OF TRANSPORTATION
EXHIBITS TO FHWA GRANT AGREEMENTS UNDER THE
FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM February 8, 2023
A-1
EXHIBIT A
APPLICABLE FEDERAL LAWS AND REGULATIONS
By entering into this agreement for a FY 2022 Safe Streets and Roads for All Grant, the Recipient assures and certifies, with respect to this Grant, 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. Federal Fair Labor Standards Act – 29 U.S.C. 201, et seq. b. Hatch Act – 5 U.S.C. 1501, et seq.
c. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 – 42 U.S.C. 4601, et seq.
d. National Historic Preservation Act of 1966 - Section 106 – 54 U.S.C. 306108 e. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. 312501, et seq. f. Native American Graves Protection and Repatriation Act – 25 U.S.C. 3001, et seq. g. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. 7401, et seq. h. Section 404 of the Clean Water Act, as amended – 33 U.S.C. 1344 i. Section 7 of the Endangered Species Act, P.L. 93-205, as amended – 16 U.S.C. 1536 j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. 1451, et seq. k. Flood Disaster Protection Act of 1973 - Section 102(a) – 42 U.S.C. 4012a l. Age Discrimination Act of 1975 – 42 U.S.C. 6101, et seq. m. American Indian Religious Freedom Act, P.L. 95-341, as amended n. Drug Abuse Office and Treatment Act of 1972, as amended – 21 U.S.C. 1101, et seq. o. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91-616, as amended – 42 U.S.C. 4541, et seq. p. Sections 523 and 527 of the Public Health Service Act of 1912, as amended – 42 U.S.C. 290dd through 290dd-2
q. Architectural Barriers Act of 1968 – 42 U.S.C. 4151, et seq. r. Power Plant and Industrial Fuel Use Act of 1978, P.L. 100-42 - Section 403 – 42 U.S.C. 8373
s. Contract Work Hours and Safety Standards Act – 40 U.S.C. 3701, et seq. t. Copeland Anti-kickback Act, as amended – 18 U.S.C. 874 and 40 U.S.C. 3145 u. National Environmental Policy Act of 1969 – 42 U.S.C. 4321, et seq. v. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. 1271, et seq. w. Federal Water Pollution Control Act, as amended – 33 U.S.C. 1251-1376 x. Single Audit Act of 1984 – 31 U.S.C. 7501, et seq.
y. Americans with Disabilities Act of 1990 – 42 U.S.C. 12101, et seq. z. Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. 1681 through 1683 and 1685 through 1687
aa. Section 504 of the Rehabilitation Act of 1973, as amended – 29 U.S.C. 794 bb. Title VI of the Civil Rights Act of 1964 – 42 U.S.C. 2000d, et seq. cc. Title IX of the Federal Property and Administrative Services Act of 1949 – 40 U.S.C.
A-2
1101 -1104, 541, et seq.
dd. Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions – 31 U.S.C. 1352
ee. Freedom of Information Act – 5 U.S.C. 552, as amended ff. Magnuson-Stevens Fishery Conservation and Management Act – 16 U.S.C. 1855 gg. Farmland Protection Policy Act of 1981 – 7 U.S.C. 4201, et seq. hh. Noise Control Act of 1972 – 42 U.S.C. 4901, et seq. ii. Fish and Wildlife Coordination Act of 1956 – 16 U.S.C. 661, et seq. jj. Section 9 of the Rivers and Harbors Act and the General Bridge Act of 1946 – 33 U.S.C. 401 and 525
kk. Section 4(f) of the Department of Transportation Act of 1966 – 49 U.S.C. 303 ll. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended – 42 U.S.C. 9601, et seq.
mm.Safe Drinking Water Act – 42 U.S.C. 300f to 300j-26
nn. Wilderness Act – 16 U.S.C. 1131-1136
oo. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 – 42 U.S.C. 6901, et seq.
pp. Migratory Bird Treaty Act – 16 U.S.C. 703, et seq.
qq. 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) rr. Cargo Preference Act of 1954 – 46 U.S.C. 55305
ss. Section 889 of the John D. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232
Executive Orders
a. Executive Order 11246 – Equal Employment Opportunity b. Executive Order 11990 – Protection of Wetlands
c. Executive Order 11988 – Floodplain Management
d. Executive Order 12372 – Intergovernmental Review of Federal Programs e. Executive Order 12549 – Debarment and Suspension
f. Executive Order 12898 – Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
g. Executive Order 13166 – Improving Access to Services for Persons With Limited English Proficiency
h. Executive Order 13985 – Advancing Racial Equity and Support for Underserved Communities Through the Federal Government
i. Executive Order 14005 – Ensuring the Future is Made in All of America by All of America’s Workers
j. Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad General Federal Regulations
a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards – 2 C.F.R. Parts 200, 1201
b. Non-procurement Suspension and Debarment – 2 C.F.R. Parts 180, 1200 c. Investigative and Enforcement Procedures – 14 C.F.R. Part 13 d. Procedures for predetermination of wage rates – 29 C.F.R. Part 1 A-3
e. Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States – 29 C.F.R. Part 3 f. Labor standards provisions applicable to contracts governing federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act) – 29 C.F.R.
Part 5
g. Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements) – 41 C.F.R. Parts 60, et seq.
h. New Restrictions on Lobbying – 49 C.F.R. Part 20
i. Nondiscrimination in Federally Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964 – 49 C.F.R. Part 21 j. Uniform relocation assistance and real property acquisition for Federal and Federally assisted programs – 49 C.F.R. Part 24
k. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance – 49 C.F.R. Part 25
l. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance – 49 C.F.R. Part 27 m. DOT’s implementation of DOJ’s ADA Title II regulations compliance procedures for all programs, services, and regulatory activities relating to transportation under 28 C.F.R.
Part 35
n. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation – 49 C.F.R. Part 28 o. Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors – 49 C.F.R. Part 30 p. Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) – 49 C.F.R. Part 32
q. DOT’s implementing ADA regulations for transit services and transit vehicles, including the DOT’s standards for accessible transportation facilities in Part 37, Appendix A – 49 C.F.R. Parts 37 and 38
r. Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs – 49 C.F.R. Part 26 (as applicable under section 18.3 of this agreement)
Office of Management and Budget Circulars
a. Any applicable OMB Circular based upon the specific FY 2022 Safe Streets and Roads for All Grant Recipient.
Highway Federal Legislation
a. Agreements relating to the use of an access to rights-of-way—Interstate System, 23 U.S.C. 111
b. Planning, 23 U.S.C. 134 and 135 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) c. Tolls, 23 U.S.C. 301 (to the extent the recipient wishes to toll an existing free facility that has received Title 23 funds in the past); except as authorized by 23 U.S.C. 129 and 166. d. Efficient Environmental Reviews - 23 U.S.C. 139
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e. Policy on lands, wildlife and waterfowl refuges, and historic sites - 49 U.S.C. 303 Federal Highway Regulations
a. Planning – 23 C.F.R. Part 450 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) b. National Highway System Design Standards – 23 C.F.R. Part 625 c. Location and Hydraulic Design of Encroachments on Flood Plains – 23 C.F.R. Part 650 Subpart A
d. Manual on Uniform Traffic Control Devices – 23 C.F.R. Part 655 e. Length, Width and Weight Limitations – 23 C.F.R. Part 658 f. Environmental Impact and Related Procedures – 23 C.F.R. Part 771 g. Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites (Section 4(f)) – 23 C.F.R. Part 774
h. Permitting Requirements under the National Pollutant Discharge Elimination System – 40 C.F.R. Part 122
Specific assurances required to be included in the FY 2022 Safe Streets and Roads for All Grant agreement by any of the above laws, regulations, or circulars are hereby incorporated by reference into this agreement.
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EXHIBIT B
ADDITIONAL STANDARD TERMS
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TERM B.1
TITLE VI ASSURANCE
(Implementing Title VI of the Civil Rights Act of 1964, as amended)
ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLY-ASSISTED
PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL
FINANCIAL ASSISTANCE
(Implementing the Rehabilitation Act of 1973, as amended, and the Americans With Disabilities Act, as amended)
49 C.F.R. Parts 21, 25, 27, 37 and 38
The United States Department of Transportation (USDOT)
Standard Title VI/Non-Discrimination Assurances
DOT Order No. 1050.2A
By signing and submitting the Technical Application and by entering into this agreement under the FY 2022 Safe Streets and Roads for All (SS4A) grant program, the Recipient HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S.
Department of Transportation (DOT), through the Federal Highway Administration (FHWA), it is subject to and will comply with the following:
Statutory/Regulatory Authorities
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation—Effectuation Of Title VI Of The Civil Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
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“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 the FHWA.
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 FY 2022 SS4A grant program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in §§ 21.23 (b) and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with the FY 2022 SS4A 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.
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5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
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 subrecipients, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the FHWA’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 the FHWA. You must keep records, reports, and submit the material for review upon request to FHWA, or its designee in a timely, B-5
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 U.S. Department of Transportation under the FY 2022 SS4A grant program. 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 FY 2022 SS4A grant program.
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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 Federallyassisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. Part
21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment:
In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA 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 the FHWA, 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 the FHWA 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 B-7
thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA 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.
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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), the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022), 49 U.S.C. § 6702, the Regulations for the Administration of FY 2022 SS4A grant program, and the policies and procedures prescribed by the Federal Highway Administration (FHWA) of the U.S.
Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto Recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Recipient, its successors and assigns.
The Recipient, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the Recipient will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
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(*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.) B-10
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED
UNDER THE ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Recipient pursuant to the provisions of Specific Assurance 7(a):
A. The (Recipient, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (Recipient, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, Recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the Recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
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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.)
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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 nondiscrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part
21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq).
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TERM B.2
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS
2 C.F.R. Parts 180 and 1200
These assurances and certifications are applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 C.F.R. Parts 180 and 1200.
By signing and submitting the Technical Application and by entering into this agreement under the FY 2022 SS4A grant program, the Recipient is providing the assurances and certifications for First Tier Participants and Lower Tier Participants in the FY 2022 SS4A Grant, as set out below.
1. Instructions for Certification – First Tier Participants:
a. The prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
e. The terms “covered transaction,” “civil judgment,” “debarred,” “suspended,” “ineligible,” “participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are defined in 2 C.F.R. Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of B-14
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). 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;
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(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 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 FHWA approval or estimated to cost $25,000 or more - 2 C.F.R. Parts 180 and 1200) a. The prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms “covered transaction,” “civil settlement,” “debarred,” “suspended,” “ineligible,” “participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are defined in 2 C.F.R. Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered B-16
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.
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.
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TERM 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, 2023, Pub. L. No. 117-328 (Dec. 29, 2022), and implemented through USDOT Order 4200.6, the funds provided under this award shall not be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that:
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government.
The Recipient therefore agrees:
1. Definitions. For the purposes of this exhibit, the following definitions apply:
“Covered Transaction” means a transaction that uses any funds under this award and that is a contract, memorandum of understanding, cooperative agreement, grant, loan, or loan guarantee.
“Felony Conviction” means a conviction within the preceding 24 months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the United States Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. 3559. “Participant” means the Recipient, an entity who submits a proposal for a Covered Transaction, or an entity who enters into a Covered Transaction. “Tax Delinquency” means an unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
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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:
(1) Certify whether the entity has a Tax Delinquency; and (2) Certify whether the entity has a Felony Conviction. 4 Prohibition. If
(1) the SAM entry for an entity indicates that the entity has a Tax Delinquency or a Federal Conviction;
(2) an entity provides an affirmative response to either certification in section 3; or (3) an entity’s certification under section 3 was inaccurate when made or became inaccurate after being made
then a Participant shall not enter or continue a Covered Transaction with that entity unless the USDOT has determined in writing that suspension or debarment of that entity are not necessary to protect the interests of the Government.
5. Mandatory Notice to the USDOT.
(a) If the SAM entry for a Participant indicates that the Participant has a Tax Delinquency or a Felony Conviction, the Recipient shall notify the USDOT in writing of that entry. (b) If a Participant provides an affirmative response to either certification in section 1, the Recipient shall notify the USDOT in writing of that affirmative response. (c) If the Recipient knows that a Participant’s certification under section 1 was inaccurate when made or became inaccurate after being made, the Recipient shall notify the USDOT in writing of that inaccuracy.
6. Flow Down. For all Covered Transactions, including all tiers of subcontracts and subawards, the Recipient shall:
(1) require the SAM check in section 2;
(2) require the certifications in section 3;
(3) include the prohibition in section 4; and
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(4) require all Participants to notify the Recipient in writing of any information that would require the Recipient to notify the USDOT under section 5.
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TERM B.4
RECIPIENT POLICY TO BAN TEXT MESSAGING WHILE DRIVING
(a) Definitions. The following definitions are intended to be consistent with the definitions in DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009) and Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009). For clarification purposes, they may expand upon the definitions in the executive order.
For the purpose of this Term B.4, “Motor Vehicles” means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for use on a local, State or Federal roadway, but does not include a military design motor vehicle or any other vehicle excluded under Federal Management Regulation 102-34-15.
For the purpose of this Term B.4, “Driving” means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic congestion, a traffic signal, a stop sign, another traffic control device, or otherwise. It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary.
For the purpose of this Term B.4, “Text messaging” means reading from or entering data into any handheld or other electronic device (including, but not limited to, cell phones, navigational tools, laptop computers, or other electronic devices), including for the purpose of Short Message Service (SMS) texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless this practice is prohibited by State or local law. The term also does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to remain stationary.
For the purpose of this Term B.4, the “Government” includes the United States Government and State, local, and tribal governments at all levels.
(b) Workplace Safety. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009) and DOT Order 3902.10, Text Messaging While
Driving (Dec. 30, 2009), the Recipient, subrecipients, contractors, and subcontractors are encouraged to:
(1) adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving— (i) Company-owned or -rented vehicles or Government-owned, leased or rented vehicles; or
(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.
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(2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as—
(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
(c) Subawards and Contracts. To the extent permitted by law, the Recipient shall insert the substance of this exhibit, including this paragraph (c), in all subawards, contracts, and subcontracts under this award that exceed the micro-purchase threshold, other than contracts and subcontracts for the acquisition of commercially available off-the-shelf items.
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EXHIBIT C
QUARTERLY PROJECT PROGRESS REPORTS AND RECERTIFICATIONS:
FORMAT AND CONTENT
1. Purpose. The purpose of the Quarterly Project Progress Reports and Recertifications under this agreement for the FY 2022 SS4A grant program are to ensure that the project scope, schedule, and budget will be maintained to the maximum extent possible.
2. Format and Content. The Recipient shall produce a quarterly cost, schedule, and status report that contains the sections enumerated in the following list. At the discretion of the USDOT, modifications or additions can be made to produce a quarterly reporting format that will most effectively serve both the Recipient and the USDOT. Some projects will have a more extensive quarterly status than others. For smaller projects, the USDOT may determine that the content of the quarterly reports will be streamlined and project status meetings will be held on a less-frequent basis. The first quarterly progress report should include a detailed description and, where appropriate, drawings of the items funded.
(a) Project Overall Status. This section provides an overall status of the project’s scope, schedule and budget. The Recipient shall note and explain any deviations from the scope of work, the schedule, or the budget that are described in this agreement. (b) Project Significant Activities and Issues. This section provides highlights of key activities, accomplishments, and issues occurring on the project during the previous quarter. Activities and deliverables to be reported on should include meetings, audits and other reviews, design packages submitted, advertisements, awards, construction submittals, construction completion milestones, submittals related to any applicable Recovery Act requirements, media or Congressional inquiries, value engineering/constructability reviews, and other items of significance. (c) Action Items/Outstanding Issues. This section should draw attention to, and track the progress of, highly significant or sensitive issues requiring action and direction in order to resolve. The Recipient should include administrative items and outstanding issues that could have a significant or adverse effect on the project’s scope, schedule, or budget. Status, responsible person(s), and due dates should be included for each action item/outstanding issue. Action items requiring action or direction should be included in the quarterly status meeting agenda. The action items/outstanding issues may be dropped from this section upon full implementation of the remedial action, and upon no further monitoring anticipated.
(d) Project Scope Overview. The purpose of this section is to provide a further update regarding the project scope. If the original scope contained in the grant agreement is still accurate, this section can simply state that the scope is unchanged. (e) Project Schedule. An updated master program schedule reflecting the current status of the program activities should be included in this section. A Gantt (bar) type chart is probably the most appropriate for quarterly reporting purposes, with the ultimate C-2
format to be agreed upon between the Recipient and the USDOT. It is imperative that the master program schedule be integrated, i.e., the individual contract milestones tied to each other, such that any delays occurring in one activity will be reflected throughout the entire program schedule, with a realistic completion date being reported. Narratives, tables, and/or graphs should accompany the updated master program schedule, basically detailing the current schedule status, delays and potential exposures, and recovery efforts. The following information should also be included:
• Current overall project completion percentage vs. latest plan percentage. • Completion percentages vs. latest plan percentages for major activities such as right-of-way, major or critical design contracts, major or critical construction contracts, and significant force accounts or task orders. A schedule status description should also be included for each of these major or critical elements.
• Any delays or potential exposures to milestone and final completion dates.
The delays and exposures should be quantified, and overall schedule impacts assessed. The reasons for the delays and exposures should be explained, and initiatives being analyzed or implemented in order to recover the schedule should be detailed.
(f) Project Cost. An updated cost spreadsheet reflecting the current forecasted cost vs. the latest approved budget vs. the baseline budget should be included in this section.
One way to track project cost is to show: (1) Baseline Budget, (2) Latest Approved Budget, (3) Current Forecasted Cost Estimate, (4) Expenditures or Commitments to Date, and (5) Variance between Current Forecasted Cost and Latest Approved Budget. Line items should include all significant cost centers, such as prior costs, right-of-way, preliminary engineering, environmental mitigation, general engineering consultant, section design contracts, construction administration, utilities, construction packages, force accounts/task orders, wrap-up insurance, construction contingencies, management contingencies, and other contingencies. The line items can be broken-up in enough detail such that specific areas of cost change can be sufficiently tracked and future improvements made to the overall cost estimating methodology. A Program Total line should be included at the bottom of the spreadsheet. Narratives, tables, and/or graphs should accompany the updated cost spreadsheet, basically detailing the current cost status, reasons for cost deviations, impacts of cost overruns, and efforts to mitigate cost overruns. The following information should be provided:
• Reasons for each line item deviation from the approved budget, impacts resulting from the deviations, and initiatives being analyzed or implemented in order to recover any cost overruns.
• Transfer of costs to and from contingency line items, and reasons supporting the transfers.
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• Speculative cost changes that potentially may develop in the future, a quantified dollar range for each potential cost change, and the current status of the speculative change. Also, a comparison analysis to the available contingency amounts should be included, showing that reasonable and sufficient amounts of contingency remain to keep the project within the latest approved budget.
• Detailed cost breakdown of the general engineering consultant (GEC) services (if applicable), including such line items as contract amounts, task orders issued (amounts), balance remaining for tasks, and accrued (billable) costs. • Federal obligations and/or disbursements for the project, compared to planned obligations and disbursements.
(g) Federal Financial Report (SF-425). The Federal Financial Report (SF-425) is a financial reporting form used throughout the Federal Government Grant system.
Recipients shall complete this form and attach it to each quarterly Project Progress and Monitoring Report. The form is available at
https://www.grants.gov/forms/post-award-reporting-forms.html. (h) Certifications.
i. A certification that the Recipient is in compliance with 2 C.F.R. 200.303 (Internal Controls) and 2 C.F.R. Part 200, Subpart F (Audit Requirements). ii. The certification required under 2 C.F.R. 200.415(a).
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EXHIBIT D
FORM FOR SUBSEQUENT OBLIGATION OF FUNDS
The USDOT and [recipient name] entered a grant agreement for the [project name] that was executed by the USDOT on [date of USDOT signature on original agreement] (the “Agreement”).
This instrument obligates [$XXX] for [insert portion of project listed in the Agreement]. [Recipient name] states that:
(1) the Agreement accurately describe the Project’s activities; (2) for each completion date listed in the Agreement, the Recipient’s estimate for that milestone is not more than six months after the date listed in the Agreement; (3) comparing the Project’s current budget with the amounts listed in the Agreement, the “Non-Federal Funds” amount has not decreased and the total eligible project costs amount has not decreased; and
(4) under the terms of article 21 of the General Terms and Conditions, the Recipient is not presently required to request a modification to the Agreement. [Recipient name] acknowledges that USDOT is acting in reliance on the Recipient’s statements above.
Date
By:
Signature of Recipient’s Authorized Representative
[insert name]
Name
[insert title]
Title
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The USDOT has determined that all applicable Federal requirements for obligating these funds are satisfied.
Date
By:
Signature of USDOT’s Authorized Representative
[insert name]
Name
[insert title]
Title
Agenda Item K
AGENDA STAFF REPORT
DATE: January 22, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Notice of Completion for the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP O-ST-6
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7479:
1. Accepting the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP O-ST-6, by Crosstown Electrical and Data, Inc., in the amount of $383,264.04; and,
2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
BACKGROUND AND ANALYSIS:
The City’s Traffic Management Center (“TMC”) acts as the main hub to monitor, maintain, and adjust signal timing to optimize overall vehicular flow.
Communication from the traffic signals to the TMC is generally achieved through the City’s fiber network; however, fiber is not available along Lampson Avenue.
The FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber project (“Project”) will extend this fiber network connecting the following three (3) intersections to the TMC:
1. Lampson Avenue at Old Ranch Plaza
2. Lampson Avenue at Basswood Street
3. Lampson Avenue at Candleberry Avenue
On October 10, 2022, the City Council adopted Resolution 7337, and awarded a construction contract to Crosstown Electrical and Data, Inc. (“Crosstown”), for the Project in the amount of $386,979. A construction contingency in the amount of $40,000 was established; however, the contingency funds were not utilized.