Agenda packet — West Sacramento City Council, April 15, 2026 (part 5 of 9)

625

SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency Note: Mark-Ups are Not Allowed
Consultant: CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC.

Project No. TBD Contract No. TBD Date
Project Name

DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate Total
PRINCIPAL MELISSA RUTH 3 $ 80.00 $ 240.00
ASSOCIATE STAFF 14 $ 78.00 $ 1,092.00
ARBORIST/CONSTRUCTION MANAGER STAFF 1 0 $ 74.00 $ 37.00 PROJECT MANAGER STAFF 62 $ 64.00 $ 3,968.00
JOB CAPTAIN STAFF 0 $ 52.00 $ -
DESIGNER STAFF 120 0 $ 45.00 $ 5,400.00
PROJECT ADMINISTRATOR STAFF 0 0 $ 68.00 $ -
ACCOUNTING/CONTROLLER STAFF 8 0 $ 80.00 $ 640.00
PRINCIPAL STAFF 0 0 $ 95.00 $ -
208

LABOR COSTS
a) Subtotal Direct Labor Costs $ 11,377.00
b) Anticipated Salary Increases $882.07
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 12,259.07

INDIRECT COSTS
d) Fringe Benefits (Rate: 80.12% ) c) Total Fringe Benefits [(c) x (d)] $ 9,821.97 f) Overhead (Rate: 140.00% ) g) Overhead [(c) x (f)] 17,162.70 $ h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $ - j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 26,984.67
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% $ 3,924.37 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
Printing & reproduction 150 SF at cost $ -
Mileage 100 Mile IRS $ 100.00
i) TOTAL OTHER DIRECT COSTS $ 100.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 100.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 43,268.12
NOTES:

Sycamore Trail Phase IV & V Feasibility Study

3. Anticipated salary increases calculation (page 2) must accompany.

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

Description of Item
SAMPLE COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
January 29, 2026
Range
$60-$78
$60-$74
$22-$42
$75-$95
$45-$64
$35-$52
$22-$64
$30-$80
Prime Consultant Subconsultant 2nd Tier Subconsultant

Page 1 of 3 ends

626

SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency Direct Labor Total Hours per Avg
Subtotal per Cost Cost Proposal Hourly
Proposal Rate
= $54.83
Avg Hourly Rate Proposed Escalation
Year 1 + 5.0% = $57.57 Year 2 Avg Hourly Rate
Year 2 + 5.0% = $60.45 Year 3 Avg Hourly Rate
Year 3 + 5.0% = $63.47 Year 4 Avg Hourly Rate
Year 4 + 5.0% = $66.64 Year 5 Avg Hourly Rate
Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 * 208 = 52 Estimated Hours Year 1
Year 2 * 208 = 52 Estimated Hours Year 2
Year 3 * 208 = 52 Estimated Hours Year 3
Year 4 * 208 = 52 Estimated Hours Year 4
Year 5 * 208 = 0 Estimated Hours Year 5
Total Total = 208
Avg Hourly Rate Estimated hours
(Calculated above) (Calculated Above)
Year 1 * 52 = Estimated Hours Year 1
Year 2 * 52 = Estimated Hours Year 2
Year 3 * 52 = Estimated Hours Year 3
Year 4 * 52 = Estimated Hours Year 4
Year 5 * 0 = Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
Direct Labor Subtotal before Escalation =
Estimated total of Direct Labor Salary Increase = Transfer to Page 1 NOTES:

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided. $63.47 $3,292.57
$66.64 $0.00
$12,259.07
$54.83 $2,844.25
$57.57 $2,986.46
$60.45 $3,135.79
$11,377.00
$882.07

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)

0.0%
100.0%

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost Per
Year

3. Calculate estimated hours per year (Multiply estimate % each year by total hours)

25.0%

1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) $54.83
$57.57
$60.45
$63.47

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) $11,377.00 208
SAMPLE COST PROPOSAL 1

Page 2 of 3 ends

627

SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:

Name**: Title**:

Signature: Date of Certification (mm/dd/yyyy):

Email**: Phone Number:

Address: 12150 TRIBUTARY POINT DRIVE, SUITE 140, GOLD RIVER, CA List services the consultant is providing under the proposed contract:
1/29/2026
SAMPLE COST PROPOSAL 1
Certification of Direct Costs:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

LANDSCAPE ARCHITECTURE
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

MELISSA RUTH PRINCIPAL
[email protected] 916.985.4366
23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

Page 3 of 3 ends

628

SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency Note: Mark-Ups are Not Allowed
Consultant: Drago Vantage
Project No. TBD Contract No. TBD Date
Project Name

DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate Total
Principal Sabrina Drago, PE 12 $ 141.28 $ 1,695.36
Planning Manager Adam Stephenson 40 $ 93.60 $ 3,744.00
Associate Planner Staff 54 $ 68.25 $ 3,685.50
Associate Planner Staff 54 $ 60.57 $ 3,270.78
Junior Planner Staff 50 $ 39.75 $ 1,987.50
Graphic Designer Staff 8 $ 68.25 $ 546.00
218

LABOR COSTS
a) Subtotal Direct Labor Costs $ 14,929.14
b) Anticipated Salary Increases $751.31
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 15,680.45

INDIRECT COSTS
d) Fringe Benefits (Rate: 39.84% ) c) Total Fringe Benefits [(c) x (d)] $ 6,247.09 f) Overhead (Rate: 60.89% ) g) Overhead [(c) x (f)] $ 9,547.83 h) General and Administrative (Rate: 63.44% ) i) Gen & Admin [(c) x (h)] $ 9,947.68 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 25,742.59
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 4,142.30 l) CONSULTANTS OTHER DIRECT COSTS (ODC) ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
i) TOTAL OTHER DIRECT COSTS $ - m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ - n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ - TOTAL COST [(c) + (j) + (k) + (n)] $ 45,565.35 NOTES:

3. Anticipated salary increases calculation (page 2) must accompany.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultants annual accounting period and established by a cognizant agency or accepted by Caltrans.

Description of Item
COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
January 22, 2026
Range
$0.00 - $0.00
$0.00 - $0.00
$65.00 - $75.00
$65.00 - $75.00
$55.00 - $65.00
$35.00 - $45.00
Sycamore Trail Prime Consultant Subconsultant 2nd Tier Subconsultant

Page 1 of 3 ends

629
630
631
632

SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency Note: Mark-Ups are Not Allowed
Consultant: GEOCON CONSULTANTS, INC.

Project No. TBD Contract No. TBD Date
Project Name

DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate Total
Principal Engr / Geol / Sci Zorne, Ewert, Juhrend 24 $ 75.00 $ 1,800.00 Senior Engr / Geol / Sci Loutzenhiser, Silva, staff 126 $ 70.00 $ 8,820.00 Senior Project Engr / Geol / Sci Staff 8 $ 60.00 $ 480.00 Project Engr / Geol / Sci / CAC Staff 242 $ 50.00 $ 12,100.00 Senior Staff Engr / Geol / Sci Staff 76 $ 45.00 $ 3,420.00 Staff Engr / Geol / Sci Staff 60 $ 40.00 $ 2,400.00
Tech Illust / CAD / Drafter / GIS Staff 68 $ 55.00 $ 3,740.00 Admin Assitant / Word Processor Staff 20 $ 35.00 $ 700.00 Engineering Field Tech (PW) Staff 160 $ 55.00 $ 8,800.00 Engineering Field Tech Staff 8 $ 35.00 $ 280.00
792

LABOR COSTS
a) Subtotal Direct Labor Costs $ 42,540.00
b) Anticipated Salary Increases $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 42,540.00

INDIRECT COSTS
d) Fringe Benefits (Rate: 53.13% ) c) Total Fringe Benefits [(c) x (d)] $ 22,601.50 f) Overhead (Rate: 47.94% ) g) Overhead [(c) x (f)] $ 20,393.68 h) General and Administrative (Rate: 83.98% ) i) Gen & Admin [(c) x (h)] $ 35,725.09 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 78,720.27
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 12,126.03 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
See attached sheet $ 233,037.00
i) TOTAL OTHER DIRECT COSTS $ 233,037.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 233,037.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 366,423.30
NOTES:

3. Anticipated salary increases calculation (page 2) must accompany.

Description of Item
SAMPLE COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
January 26, 2026
PW Rate
Range
$75.00 - $85.00
$65.00 - $75.00
$55.00 - $65.00
$30.00 - $40.00
$30.00 - $40.00
$45.00 - $55.00
$35.00 - $45.00
$45.00 - $55.00
$25.00 - $40.00
Sycamore Trail Phase IV and V Feasibility Study
Prime Consultant Subconsultant 2nd Tier Subconsultant

Page 1 of 3 ends

633

SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
= $53.71 Year 1 Avg
Hourly Rate
Avg Hourly Rate Proposed Escalation
Year 1 + 5.0% = $56.40 Year 2 Avg Hourly Rate
Year 2 + 5.0% = $59.22 Year 3 Avg Hourly Rate
Year 3 + 5.0% = $62.18 Year 4 Avg Hourly Rate
Year 4 + 5.0% = $65.29 Year 5 Avg Hourly Rate
Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 * 792 = 792 Estimated Hours Year 1
Year 2 * 792 = 0 Estimated Hours Year 2
Year 3 * 792 = 0 Estimated Hours Year 3
Year 4 * 792 = 0 Estimated Hours Year 4
Year 5 * 792 = 0 Estimated Hours Year 5
Total Total = 792
Avg Hourly Rate Estimated hours
(Calculated above) (Calculated Above)
Year 1 * 792 = Estimated Hours Year 1
Year 2 * 0 = Estimated Hours Year 2
Year 3 * 0 = Estimated Hours Year 3
Year 4 * 0 = Estimated Hours Year 4
Year 5 * 0 = Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
Direct Labor Subtotal before Escalation =
Estimated total of Direct Labor Salary Increase = Transfer to Page 1 NOTES:

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

SAMPLE COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) $42,540.00 792

1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) $53.71
$56.40
$59.22
$62.18

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) 100.0%

0.0%

0.0%
100.0%

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost Per
Year
$42,540.00
$0.00

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) $62.18 $0.00
$65.29 $0.00
$42,540.00
$53.71 $42,540.00
$56.40 $0.00
$59.22 $0.00

Page 2 of 3 ends

634

SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:

Name**: Title**:

Signature: Date of Certification (mm/dd/yyyy):

Email**: Phone Number:

Address: 3160 Gold Valley Drive, Suite 800, Rancho Cordova, CA 95742 List services the consultant is providing under the proposed contract:

Geotechnical and environmental services for project design I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

Jeremy Zorne Vice President
[email protected] 916-852-9118
23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. 1/26/2026
SAMPLE COST PROPOSAL 1
Certification of Direct Costs:

Page 3 of 3 ends

635
Task Expense Quantity Unit Rate Markup Total

2.1 Pick-up Truck 2 Day $160.00 1.00 $320.00
Environmental Health Permit 2 Est. $572.00 1.00 $1,144.00 Cone Penetration Testing (PW) 1 Est. $6,000.00 1.00 $6,000.00 Total $7,464.00

2.2 Pick-up Truck 2 Day $160.00 1.00 $320.00
Environmental Health Permit 3 Est. $572.00 1.00 $1,716.00 Cone Penetration Testing (PW) 1 Est. $7,500.00 1.00 $7,500.00 Total $9,536.00

2.3 Pick-up Truck 1 Day $160.00 1.00 $160.00
EDR Report 1 Each $350.00 1.00 $350.00
Total $510.00

2.4 Pick-up Truck 1 Day $160.00 1.00 $160.00
EDR Report 1 Each $350.00 1.00 $350.00
Total $510.00

11.1 Pick-up Truck 8 Day $160.00 1.00 $1,280.00
Environmental Health Permit 1 Est. $3,096.00 1.00 $3,096.00 Drill Rig and Crew (PW) 1 Est. $48,400.00 1.00 $48,400.00 Cuttings Removal and Disposal 18 Each $200.00 1.00 $3,600.00 Cone Penetration Testing (PW) 1 Est. $10,725.00 1.00 $10,725.00 Hand Auger 1 Day $50.00 1.00 $50.00
Geotechnical Laboratory Testing
Moisture-Density 40 Each $40.00 1.00 $1,600.00
Wet Sieve Analysis 25 Each $130.00 1.00 $3,250.00
Atterberg Limits (Plasticity Index) 20 Each $225.00 1.00 $4,500.00 Sand Equivalent 2 Each $125.00 1.00 $250.00
Expansion Index 2 Each $250.00 1.00 $500.00
Soil Strength (Direct Shear / Triaxial) 8 Each $450.00 1.00 $3,600.00 Consolidation (9 points) 4 Each $675.00 1.00 $2,700.00
Resistance Value 2 Each $350.00 1.00 $700.00
pH and Resistivity 6 Each $125.00 1.00 $750.00
Chloride Content 6 Each $100.00 1.00 $600.00
Sulfate Content 6 Each $75.00 1.00 $450.00
Total $86,051.00

11.2 Pick-up Truck 9 Day $160.00 1.00 $1,440.00
Environmental Health Permit 1 Est. $3,096.00 1.00 $3,096.00 Drill Rig and Crew (PW) 1 Est. $54,450.00 1.00 $54,450.00 Cuttings Removal and Disposal 20 Drum $200.00 1.00 $4,000.00 Cone Penetration Testing (PW) 1 Est. $15,125.00 1.00 $15,125.00 Hand Auger 1 Day $50.00 1.00 $50.00
Geotechnical Laboratory Testing
Moisture-Density 40 Each $40.00 1.00 $1,600.00
Wet Sieve Analysis 30 Each $130.00 1.00 $3,900.00
Atterberg Limits (Plasticity Index) 25 Each $225.00 1.00 $5,625.00 Sand Equivalent 2 Each $125.00 1.00 $250.00
Expansion Index 2 Each $250.00 1.00 $500.00
Soil Strength (Direct Shear / Triaxial) 8 Each $450.00 1.00 $3,600.00 Consolidation (9 points) 4 Each $675.00 1.00 $2,700.00
Resistance Value 2 Each $350.00 1.00 $700.00
pH and Resistivity 6 Each $125.00 1.00 $750.00
Chloride Content 6 Each $100.00 1.00 $600.00
Sulfate Content 6 Each $75.00 1.00 $450.00
Total $98,836.00

11.3 Pick-up Truck 1 Day $160.00 1.00 $160.00
Sampling Supplies 1 Each $300.00 1.00 $300.00
Analytical Testing
Soluble Lead - WET Extract (if needed) 8 Each $80.00 1.00 $640.00 Soluble Lead - WET Analysis (if needed) 8 Each $45.00 1.00 $360.00 Soluble Lead - TCLP Extract (if needed) 4 Each $80.00 1.00 $320.00 Soluble Lead - TCLP Analysis (if needed) 4 Each $45.00 1.00 $180.00 CAM 17 Metals 20 Each $210.00 1.00 $4,200.00
TPHd/TPHmo 20 Each $85.00 1.00 $1,700.00
PAHs 20 Each $310.00 1.00 $6,200.00
PCBs 20 Each $130.00 1.00 $2,600.00
Total $16,660.00

11.4 Pick-up Truck 1 Day $160.00 1.00 $160.00
Sampling Supplies 1 Each $300.00 1.00 $300.00
Analytical Testing
Soluble Lead - WET Extract (if needed) 6 Each $80.00 1.00 $480.00 Soluble Lead - WET Analysis (if needed) 6 Each $45.00 1.00 $270.00 Soluble Lead - TCLP Extract (if needed) 4 Each $80.00 1.00 $320.00 Soluble Lead - TCLP Analysis (if needed) 4 Each $45.00 1.00 $180.00 CAM 17 Metals 16 Each $210.00 1.00 $3,360.00
TPHd/TPHmo 16 Each $85.00 1.00 $1,360.00
PAHs 16 Each $310.00 1.00 $4,960.00
PCBs 16 Each $130.00 1.00 $2,080.00
Total $13,470.00
Total ODC: $233,037.00
Other Direct Costs
636

SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency Note: Mark-Ups are Not Allowed
Consultant: GPA CONSULTING
Project No. TBD Contract No. TBD Date
Project Name

DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate Total
Principal Architectural Historian Andrea Galvin 4 $ 100.96 $ 403.84 Senior Associate Architectural Historian Jenna Kachour 52 $ 75.72 $ 3,937.44 Senior Architectural Historian Amanda Duane 86 $ 63.46 $ 5,457.56 Senior Architectural Historian Audrey von Ahrens 128 $ 52.88 $ 6,768.64 Architectural Historian I Phoebe Rayburn 122 $ 30.29 $ 3,695.38 392

LABOR COSTS
a) Subtotal Direct Labor Costs $ 20,262.86
b) Anticipated Salary Increases $3,193.93
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 23,456.79

INDIRECT COSTS
d) Fringe Benefits (Rate: 50.48% ) c) Total Fringe Benefits [(c) x (d)] 11,841.89 $ f) Overhead (Rate: 30.49% ) g) Overhead [(c) x (f)] $ 7,152.75 h) General and Administrative (Rate: 62.98% ) i) Gen & Admin [(c) x (h)] 14,773.34 $ j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 33,767.98
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 5,722.48 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
Copies/Reproduction 30 ea $ 1.00 $ 30.00
Delivery/Postage 10 ea $ 1.00 $ 10.00
Airfare 2 ea 350.00 $ $ 700.00
Lodging 2 ea 150.00 $ $ 300.00
Meals 4 ea $ 60.00 $ 240.00
Rental Car 1 ea 250.00 $ $ 250.00
Fuel 1 ea 100.00 $ $ 100.00
Parking 2 ea $ 50.00 $ 100.00
Research Fees 1 ea $ 50.00 $ 50.00
i) TOTAL OTHER DIRECT COSTS $ 1,780.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 1,780.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 64,727.25
NOTES:

3. Anticipated salary increases calculation (page 2) must accompany.

Description of Item
COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
January 23, 2026
Range
$100.00 - $121.00
$70.00 - $100.00
$51.00 - $82.00
$51.00 - $82.00
$29.00 - $34.00
West Sacramento Sycamore Trail
Prime Consultant Subconsultant 2nd Tier Subconsultant

Page 1 of 3 ends

637

SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
= $51.69 Year 1 Avg
Hourly Rate
Avg Hourly Rate Proposed Escalation
Year 1 + 5.0% = $54.28 Year 2 Avg Hourly Rate
Year 2 + 5.0% = $56.99 Year 3 Avg Hourly Rate
Year 3 + 5.0% = $59.84 Year 4 Avg Hourly Rate
Year 4 + 5.0% = $62.83 Year 5 Avg Hourly Rate
Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 * 392 = 0 Estimated Hours Year 1
Year 2 * 392 = 0 Estimated Hours Year 2
Year 3 * 392 = 0 Estimated Hours Year 3
Year 4 * 392 = 392 Estimated Hours Year 4
Year 5 * 392 = 0 Estimated Hours Year 5
Total Total = 392
Avg Hourly Rate Estimated hours
(Calculated above) (Calculated Above)
Year 1 * 0 = Estimated Hours Year 1
Year 2 * 0 = Estimated Hours Year 2
Year 3 * 0 = Estimated Hours Year 3
Year 4 * 392 = Estimated Hours Year 4
Year 5 * 0 = Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
Direct Labor Subtotal before Escalation =
Estimated total of Direct Labor Salary Increase = Transfer to Page 1 NOTES:

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) $20,262.86 392

1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) $51.69
$54.28
$56.99
$59.84

3. Calculate estimated hours per year (Multiply estimate % each year by total hours)

0.0%

0.0%
100.0%

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost Per
Year
$20,262.86
$3,193.93

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) $59.84 $23,456.79
$62.83 $0.00
$23,456.79
$51.69 $0.00
$54.28 $0.00
$56.99 $0.00

Page 2 of 3 ends

638

SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:

Name**: Title**:

Signature: Date of Certification (mm/dd/yyyy):

Email**: Phone Number:

Address: 840 Apollo Street, Suite 312, El Segundo, CA 90245 List services the consultant is providing under the proposed contract:

Historic Preservation Consulting Services
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

Richard Galvin Vice President
[email protected] 310-792-2690
23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. 1/23/2026
COST PROPOSAL 1
Certification of Direct Costs:

Page 3 of 3 ends

639

SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency Note: Mark-Ups are Not Allowed
Consultant: UNICO Engineering, Inc.

Project No. TBD Contract No. TBD Date
Project Name

DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate Total
Survey Manager Rob Markes 10 $ 92.40 $ 924.00
Senior Land Surveyor Ryan Ming, PLS 16 $ 77.25 $ 1,236.00 Land Surveyor Todd Jordan, PLS 20 $ 61.00 $ 1,220.00
Land Surveyor Roy Porter, LSIT 40 $ 45.00 $ 1,800.00
Drone Manager Terrance Ranney 0 $ 66.00 $ -
Party Chief Staff 32 $ 86.02 $ 2,752.64
Rodman Staff 32 $ 78.55 $ 2,513.60
Survey Technician/Drafter Staff 40 $ 33.50 $ 1,340.00
190

LABOR COSTS
a) Subtotal Direct Labor Costs $ 11,786.24
b) Anticipated Salary Increases $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 11,786.24

INDIRECT COSTS
d) Fringe Benefits (Rate: 0.00% ) c) Total Fringe Benefits [(c) x (d)] $ - f) Overhead (Rate: 154.64% ) g) Overhead [(c) x (f)] 18,226.24 $ h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $ - j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 18,226.24
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 3,001.25 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
Aerial Mapping 1 LS $ 6,720.00 $ 6,720.00
i) TOTAL OTHER DIRECT COSTS $ 6,720.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 6,720.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 39,733.73
NOTES:

City of West Sacramento | Sycamore Trail Phases 4 and 5 Feasibility Study $0.00 - $0.00
$0.00 - $0.00
$0.00 - $0.00
$0.00 - $0.00
$0.00 - $0.00

3. Anticipated salary increases calculation (page 2) must accompany.

Description of Item
COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
January 13, 2026
Range
$0.00 - $0.00
$0.00 - $0.00
$0.00 - $0.00
Prime Consultant Subconsultant 2nd Tier Subconsultant

Page 1 of 3 ends

640

SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
= $62.03 Year 1 Avg
Hourly Rate
Avg Hourly Rate Proposed Escalation
Year 1 + 5.0% = $65.13 Year 2 Avg Hourly Rate
Year 2 + 5.0% = $68.39 Year 3 Avg Hourly Rate
Year 3 + 5.0% = $71.81 Year 4 Avg Hourly Rate
Year 4 + 5.0% = $75.40 Year 5 Avg Hourly Rate
Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 * 190 = 190 Estimated Hours Year 1
Year 2 * 190 = 0 Estimated Hours Year 2
Year 3 * 190 = 0 Estimated Hours Year 3
Year 4 * 190 = 0 Estimated Hours Year 4
Year 5 * 190 = 0 Estimated Hours Year 5
Total Total = 190
Avg Hourly Rate Estimated hours
(Calculated above) (Calculated Above)
Year 1 * 190 = Estimated Hours Year 1
Year 2 * 0 = Estimated Hours Year 2
Year 3 * 0 = Estimated Hours Year 3
Year 4 * 0 = Estimated Hours Year 4
Year 5 * 0 = Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
Direct Labor Subtotal before Escalation =
Estimated total of Direct Labor Salary Increase = Transfer to Page 1 NOTES:

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided. $71.81 $0.00
$75.40 $0.00
$11,786.24
$62.03 $11,786.24
$65.13 $0.00
$68.39 $0.00
$11,786.24
$0.00

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)

0.0%
100.0%

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost Per
Year

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) 100.0%

0.0%

1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) $62.03
$65.13
$68.39
$71.81
COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) $11,786.24 190

Page 2 of 3 ends

641

SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:

Name**: Title**:

Signature: Date of Certification (mm/dd/yyyy):

Email**: Phone Number:

Address:

List services the consultant is providing under the proposed contract:
1/13/2026
COST PROPOSAL 1
Certification of Direct Costs:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

UNICO Engineering | 80 Blue Ravine Road, Suite 250, Folsom, CA 95630 Land Surveying Services
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

Cesar Montes de Oca, PE President
[email protected] 916.900.6623
23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

Page 3 of 3 ends

642
643
644
Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant’s Full Legal Name:

Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.

Indirect Cost Rate (ICR):

Combined Rate: Or
Facilities Capital Cost of Money (if applicable):

Fiscal Period:*
* Fiscal period is annual one year applicable accounting period that the ICR was developed (not the contract period). The ICR is based on the to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the ICR(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31)
• The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts. •
I am providing the required and applicable documents as instructed on the Financial Document Review Request form.

Financial Management System:
records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations. • Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
1 AIM Consulting
164.88
1/1/25-12/31/25
645
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:

I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount ___________________ on all State and FAHP contracts for Architectural & • The number of states in which the consultant does business is • Years of consultant’s experience with 48 CFR Part 31 is • Cognizant ICR Audit Local Govt ICR Audit
Caltrans ICR Audit
CPA ICR Audit Federal Govt ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the ICR Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.

Name ** Title**:

Signature: Date:

Phone**: Email**:
establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not Audits and Investigations.
2 Katie DeMaio President
Katie DeMaio Digitally signed by Katie DeMaio Date: 2026.01.27 09:54:25 -08'00' (916) 442-1168 [email protected] 01/27/2026
646
Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant’s Full Legal Name:

Indirect Cost Rate (ICR):

Combined Rate: Or
Facilities Capital Cost of Money (if applicable):

Financial Management System:
records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations. • Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
1 Avila and Associates Consulting Engineers, Inc.
104.85
1/1/24 to 12/31/24
647
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:

Name ** Title**:

Signature: Date:

Phone**: Email**:
establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not Audits and Investigations.
2 1,000,000.00
2 11
Catherine M.C. Avila President
(925) 673-0549 [email protected]
07/08/2025
648
Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultants Full Legal Name:

Indirect Cost Rate (ICR):

Combined Rate: Or
Facilities Capital Cost of Money (if applicable):

Fiscal Period:*
* Fiscal period is annual one year applicable accounting period that the ICR was developed (not the contract period). The ICR is based on the to the best of my knowledge and belief that:
All costs included in the cost proposal to establish the ICR(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31)
The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31
The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts.
I am providing the required and applicable documents as instructed on the Financial Document Review Request form.

Financial Management System:
records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations. Account numbers identifying allowable direct, indirect, and unallowable cost accounts; Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
1 Callander Associates Landscape Architecture, Inc.
220.12
01/01/2024-12/31/2024
649
Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:

I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
False Claims Act - Title 31 U.S.C. Sections 3729-3733 Statements or entries generally - Title 18 U.S.C. Section 1001 Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
Total participation amount ___________________ on all State and FAHP contracts for Architectural & The number of states in which the consultant does business is Years of consultants experience with 48 CFR Part 31 is Cognizant ICR Audit Local Govt ICR Audit
Caltrans ICR Audit
CPA ICR Audit Federal Govt ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the ICR Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.

Name ** Title**:

Signature: Date:

Phone**: Email**:
establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not Audits and Investigations.
2 899,021.00
2 10+
Benjamin W. Woodside President
(916) 985-4366 [email protected]
650
Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant’s Full Legal Name:

Indirect Cost Rate (ICR):

Combined Rate: Or
Facilities Capital Cost of Money (if applicable):

Financial Management System:
records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations. • Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
1 Drago Vantage, LLC
164.17
1/01/2024-12/31/2024
651
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:

Name ** Title**:

Signature: Date:

Phone**: Email**:
establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not Audits and Investigations.
2 Sabrina Drago President
Sabrina Drago Digitally signed by Sabrina Drago Date: 2026.01.30 08:46:38 -08'00' (916) 975-3161 [email protected] 01/30/2026
652
Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant’s Full Legal Name:

Indirect Cost Rate (ICR):

Combined Rate: Or
Facilities Capital Cost of Money (if applicable):

Financial Management System:
records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations. • Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
1 Geocon Consultants, Inc.
185.05
1/1/2024 - 12/29/2024
653
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:

Name ** Title**:

Signature: Date:

Phone**: Email**:
establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not Audits and Investigations.
2 14,000,000.00
1 27
William Lydon CFO
(858) 558-6900 [email protected]
05/21/2025
654
655
656
Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant’s Full Legal Name:

Indirect Cost Rate (ICR):

Combined Rate: Or
Facilities Capital Cost of Money (if applicable):

0.26 01/01/2024 to 12/31/2024
657
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:

Name ** Title**:

Signature: Date:

Phone**: Email**:
establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not Audits and Investigations.
2 24,676,000.00
2 11
Cesar Montes de Oca President
(916) 900-6623 [email protected]
08/20/2025
658
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
34 EXHIBIT D – CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 [Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Dokken Engineering
By:

John A. Klemunes, Jr., President
659
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
35 EXHIBIT E – LABOR COMPLIANCE

1. PREVAILING WAGE
A. The Work contemplated herein constitutes a public work within the meaning of Labor Code sections 1720 and 1771. It shall be mandatory upon the Consultant and upon any Subcontractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Contract in accordance with Labor Code section 1774. The Director of the Department of Industrial Relations ("DIR") of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract. The Consultant acknowledges that it has examined the prevailing rate of per diem wages as established by the DIR. Copies of the current schedules for prevailing wages are on file at City Hall. The contents of those schedules are incorporated herein as if set forth in full. The Consultant shall post a copy of the applicable prevailing wage determinations at each job site, along with any other work place posters required by law.

B. The City will not recognize any claims for additional compensation because of the payment of prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in determining its proposal, and will not under any circumstances be considered as the basis of a claim against the City.

C. By executing this Contract Consultant warrants that it has registered with the Department of Industrial Relations in accordance with Labor Code section 1725.5.

2. PREVAILING WAGE RECORDS
A. The Consultant and each subconsultant shall keep an accurate payroll record as mandated by Labor Code §1776 and as defined in 8 CCR §16000 which shows the name, address, social security number, correct work classification (in accordance with the wage decision), both straight and overtime worked each day and week, and hourly rate of pay, gross wages earned, deductions made and net wages paid to each journeyman, apprentice, worker or other employee paid by the Consultant /subcontractor in connection with the Work. These payroll records shall be certified by a written declaration that it is made under penalty of perjury, stating both the information contained in the payroll record is true and correct and the employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. Payroll records shall be made available at Consultant's principal office. These records shall be maintained during the course of the Work. The Consultant and all subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.

The public shall not be given access to certified payroll records by the Consultant. The Consultant is required to forward any requests for certified payrolls to the Local Agency Contract Administrator by both email and regular mail on the business day following receipt of the request.

B. The City shall notify the Consultant in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Consultant shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Consultant shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Consultant or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775.
660
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
36 C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.

D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in entering into the Contract, and will not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City.

3. LABOR DISCRIMINATION
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of their race, color, national origin or ancestry, physical handicap, mental condition, marital status, or sex of such person, except as provided in Section 12940 of the Government Code, and every General Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”

4. EIGHT-HOUR DAY LIMITATION
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, incorporated herein by reference, eight hours labor shall constitute a day's work, and no worker in the employ of Consultant, or any Subcontractor, doing or contracting to do any part of the work contemplated by the Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay. (b) The Consultant and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Contract. This record shall be open at all reasonable hours to the inspection of the City. It is hereby further agreed that, except as provided in (a) above, the Consultant shall forfeit as a penalty to the City the sum of twenty-five dollars ($25) for each worker employed in the performance of the Contract by the Consultant or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

5. COMPLIANCE WITH STATE REQUIREMENTS FOR EMPLOYMENTS OF APPRENTICES (a) The Consultant's attention is directed to Section 1777.5 of the Labor Code. Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor employed by the Consultant in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5. 661
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
37 DAVIS BACON PREVAILING WAGES
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
38 EXHIBIT F – FEDERAL CONTRACT PROVISIONS
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses In the event of any contradictions or inconsistencies between these provisions and the provisions of the Agreement itself, the terms of this Exhibit shall control. ☒ TERMINATION FOR CAUSE
Criteria: All Contracts over $10k
A. In the event of any default by the Consultant as described below, the City may, after giving ten (10) days’ written notice to the Consultant, terminate the Consultant’s right to proceed with the Work or any part of the Work in the City’s sole discretion. Events of default include:
a. Failure or refusal to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or failure to complete said work within such time. b. Filing of bankruptcy by the Consultant, or the making of a general assignment for the benefit of its creditors, or appointment of a receiver on account of Consultant’s insolvency without discharge of the receiver within ten (10) days after its appointment. c. Failure to make prompt payments to Subcontractors or suppliers. d. Persistent disregard of laws, ordinances, or the instructions of the City, or other substantial violation of any provision of the Contract.

B. In the event the right of the Consultant to proceed with the Work, or any portion thereof, has been terminated because of the default of the Consultant and the Consultant has been given ten (10) days’ notice to cure such fault and has not done so, the City may take over the Work and prosecute the same to completion by contract or any other method the City deems expedient, and may take possession of and utilize in completing the Work such materials, appliances, equipment and plant as may be on the site of the Work and necessary therefore. In such event, the Consultant and its sureties shall be liable for all damages including costs of managerial and administrative services, engineering, legal and other consultant fees, and liquidated damages sustained or incurred by the City.

C. Upon termination, the Consultant shall not be entitled to receive any further payment until the Work is finished. If upon completion of the Work the total cost to the City, including engineering, legal and other consultant fees, costs of managerial and administrative services, construction costs, and liquidated damages shall be less than the amount which would have been paid if the Work had been completed by the Consultant in accordance with the terms of the Contract, then the difference shall be paid to the Consultant in the same manner as the final payment under the Contract. If the total cost incurred by the City on account of termination of the Contract and subsequent completion of the Work by the City by whatever method the City may deem expedient shall exceed said amount which the Consultant would otherwise have been paid, the Consultant and its sureties shall be liable to the City for the full amount of such excess expense.

D. The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract.

EQUAL EMPLOYMENT OPPORTUNITY 41 CFR Part 60-1.4b
Criteria: Select either Government Contracts or Federally Assisted Construction Contracts. ☒ Criteria: Government Contracts
During the performance of this contract, the contractor agrees as follows 707
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
39 A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

C. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

D. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

E. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

F. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

G. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

H. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect 708
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
40 to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. ☐ Criteria: Federally assisted construction contracts
Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:

A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

D. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

E. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 709
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
41 F. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

G. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

H. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
710
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
42 Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.

Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Director of OFCCP may designate.

Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written.

Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. ☒ DAVIS-BACON ACT (40 U.S.C. §§ 3141-3144 and 3146-3148) Criteria: Contracts subject to prevailing wage (i.e. surveying, geotechnical testing, construction or repair work). Not applicable to FEMA.

A. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable.

The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

B. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

C. Additionally, contractors are required to pay wages not less than once a week. ☐ COPELAND ANTI-KICKBACK ACT
Criteria: Construction or Repair Work >$2k (not applicable to FEMA) A. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

B. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

C. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment
D. The Consultant warrants that this Contract was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any Local Agency employee. For breach or violation of this warranty, Local Agency shall have the right, in its discretion, to terminate this 711
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
43 Contract without liability, to pay only for the value of the work actually performed, or to deduct from this Contract price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration

☐ CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Criteria: Construction or Repair contracts >$100k involving employment of Mechanics or Laborers (does not apply to purchase or service contracts)
A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section.

C. Withholding for unpaid wages and liquidated damages. The City of West Sacramento shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section.

D. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a) through (d) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.

E. Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by Local Agency Safety Officer and other Local Agency representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site.

F. Pursuant to the authority contained in Vehicle Code §591, Local Agency has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. 712
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
44 G. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Section.
[Add the following paragraph to all Contracts, which may require trenching of five feet or deeper] H. Consultant must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.
☐ Rights to Inventions Made Under a Contract or Agreement Criteria: Funding agreement (not applicable to FEMA)
(F) Rights to Inventions Made Under a Contract or Agreement.

If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

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

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

C. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.

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

E. Local Agency may permit copyrighting reports or other agreement products. If copyrights are permitted; the Contract shall provide that the FHWA shall have the royalty-free nonexclusive and 713
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
45 irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
☒ CLEAN AIR ACT
Criteria: All contracts over $100k
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended—Contracts and subgrants of amounts in excess of $100,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

A. The contractor agrees to report each violation to the City of West Sacramento and understands and agrees that the City of West Sacramento will, in turn, report each violation as required to assure notification to the State of California, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

B. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. ☒ FEDERAL WATER POLLUTION CONTROL ACT
Criteria: All contracts over $150k
A. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

B. The contractor agrees to report each violation to the City of West Sacramento and understands and agrees that the City of West Sacramento will, in turn, report each violation as required to assure notification to the State of California, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

C. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. ☒ DEBARMENT AND SUSPENSION
Criteria: Contracts Over $25k
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 714
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
46 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. § 180.935).

B. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

C. This certification is a material representation of fact relied upon by the City of West Sacramento.

If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City of West Sacramento, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The City will insure the Contractor and any lower participants are not debarred by checking the government’s System Award Management (SAM).

D. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

E. The Consultant’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Consultant or any person associated therewith in the capacity of owner, partner, director, officer or manager:

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

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

3. Does not have a proposed debarment pending; and

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

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

G. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA. ☒ NATIONAL LABOR RELATIONS BOARD CERTIFICATION
A. In accordance with Public Contract Code §10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with 715
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
47 an order of the National Labor Relations Board.
☒ BYRD ANTI-LOBBYING AMENDMENT 31 U.S.C. § 1352 (AS AMENDED) Criteria: All contracts require. Any contracts over $100k also require additional certification. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the nonFederal award.

Contractors who apply or bid for an award of $100,000 or more shall file the required certification (see Appendix A, 44 C.F.R Part 18 – Certification Regarding Lobbying). Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

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

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

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

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

C. The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. ☒ NO OBLIGATION BY FEDERAL GOVERNMENT
Criteria: All contracts
716
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
48 A. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract.

☐ PROCUREMENT OF RECOVERED MATERIALS
Criteria: All contracts over $10k where work involves the use of materials (J) §200.323 Procurement of recovered materials.

A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines."

1. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired—

2. Competitively within a timeframe providing for compliance with the contract performance schedule;

3. Meeting contract performance requirements; or

4. At a reasonable price.
a. Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. ☐ PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT
Criteria: Contracts related to telecommunications or video surveillance or equipment (K) §200.216 Prohibition on certain telecommunications and video surveillance services or equipment.
(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
717
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
49 (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
(c) See Public Law 115-232, section 889 for additional information. (d) See also §200.471."
☐ Domestic preferences for procurements
Criteria: All contracts over $10k where work involves the use of materials (L) §200.322 Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber." 718
Dokken Engineering
CDD26-088 Sycamore Trail Phase IV and V
Expires on 04/14/2029
50 EXHIBIT G - SACRAMENTO AREA COUNCIL OF GOVERNMENTS SUBRECIPIENT AGREEMENT with CITY OF WEST SACRAMENTO
Reconnecting Communities & Neighborhoods Program, SUBRECIPIENT AGREEMENT Contract #: CT250029
This Contract shall comply with Contract #: CT250029. Any contract or subcontract to be funded in whole or in part using funds provided under Contract #: CT250029 will require the contractor and its subcontractors to comply with the Contract #: CT250029. Please note compliance, including but not limited to, Contract #: CT250029 Sections 3, 5, 13, 14, 22, 25, 26, 28, 30, 46, 47.
719
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
CFDA #/Title: 20.940/Reconnecting Communities Pilot
Federal Awarding Agency: Department of Transportation

SACRAMENTO AREA COUNCIL OF GOVERNMENTS

SUBRECIPIENT AGREEMENT
with

CITY OF WEST SACRAMENTO
for the
Reconnecting Communities and Neighborhoods Program:

Sycamore Trail Phase IV and V Feasibility Study
THIS SUBRECIPIENT AGREEMENT is made and entered into effective on _____________ by and between SACRAMENTO AREA COUNCIL OF GOVERNMENTS, a California joint powers agency (“SACOG”) and CITY OF WEST SACRAMENTO (“Subrecipient”).

RECITALS
WHEREAS, SACOG is a Designated Subrecipient of the United States Department of Transportation (USDOT) Neighborhood Access and Equity Discretionary Grant Program (NAE Grant Program); and
WHEREAS, the U.S. Department of Transportation General Terms and Conditions Under the Fiscal Year 2023 Neighborhood Access and Equity Program: FHWA Projects (NAE Terms and Conditions), revised April 8, 2024, is referenced as part of the USDOT Agreement and defines additional responsibilities and requirements that must be followed as a condition to receiving and using the NAE Grant funding; and
WHEREAS, the U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 Reconnecting Communities Pilot Program (Exhibits), dated April 24, 2023, is referenced in the RCP Terms and Conditions, and further defines responsibilities and requirements that must be followed as a condition to receiving and using the RCP Grant funding; and WHEREAS, the Reconnecting Communities Program Discretionary Grants Performance Measurement Guidance (Performance Measures), updated July 6, 2023, is referenced in this Agreement and used in the USDOT Agreement and the RCP Terms and Conditions to define responsibilities and requirements regarding the development, measurement, and reporting of project performance measures; and
WHEREAS, the SACOG is the Designated Subrecipient acting as the “pass-through” entity for purposes of payment of the federal funds to the Subrecipient, per the requirements on pass-through entities under 2 C.F.R. parts 200 et seq. and 1201 et seq., including 2 C.F.R. 200.331–200.333 and 23 U.S.C. 106(g)(4) where applicable; and
WHEREAS, the parties wish to enter into this Subrecipient Agreement (“Agreement”) to document the terms and conditions of SACOG’s funding of Subrecipient’s project.

NOW, THEREFORE, the Parties agree as follows:
1 720
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100

1. Scope of Work: The purpose of this Agreement is to set out the terms and conditions applicable to SACOG’s transfer of NAE Grant Program funds to Subrecipient and for Subrecipient to fully perform all work necessary to complete the Project as identified in Exhibit A (Scope of Work) which includes the tasks to be performed by Subrecipient as well as Project deliverables, timeline and budget.

Attached hereto as Exhibit C and incorporated herein is the Funding Agreement. Any proposed amendment to Exhibit A must be agreed to in advance by the parties pursuant to a written amendment in accordance with Section 12 and is subject to approval by SACOG, or any other Federal or State agency having jurisdiction.
a. Scope of Responsibilities.
1) SACOG shall engage the Subrecipient and the Subrecipient shall be responsible for the complete performance of the work described in Exhibit A, including the grantfunded and any in-kind match work, in accordance with the budget constraints described in Exhibit A.
2) Subrecipient subcontracts for work identified in Exhibit A are required to be procured consistent with any applicable rules and guidelines.
b. Personnel. The Subrecipient shall hire personnel to perform the work described in Exhibit A, only in the following manner.
1) Subrecipient Personnel. The Subrecipient, upon approval and authorization of its governing body, shall utilize employees with salaries that do not vary on the basis of funds received from SACOG.
c. Materials to be Furnished to the Subrecipient.
1) SACOG shall, if applicable, provide the Subrecipient with a right to use (without charge by SACOG) information, data, reports, records and maps which are in possession of or readily available to SACOG, for the purposes of carrying out work under this Agreement. However, SACOG's proprietary information or otherwise confidential or privileged materials shall not be provided to the Subrecipient, unless authorized by SACOG's legal counsel, except as provided under the Public Records Act and other state and federal laws.
2) At the option of SACOG and if allowable under Federal and State grant requirements, SACOG may, if applicable to project scope of work, procure equipment, software, or other materials for use by the Subrecipient, only for purposes of carrying out work described under this Agreement. The Subrecipient agrees to comply with all license agreements for software or other materials procured by SACOG for use by the Subrecipient.
3) If applicable, all equipment, software, or other materials provided to the Subrecipient under this Agreement shall remain the property of SACOG and shall be returned to SACOG upon project completion.
2 721
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100

2. Time of Performance:
a. Subrecipient will commence work upon receipt of a notice to proceed from SACOG Procurement Officer and in accordance with the Scope of Work and Budget, attached hereto as Exhibit A and incorporated within. Subrecipient will complete work as expeditiously as is consistent with generally accepted standards of professional skill and care and the orderly progress of work.

Subrecipient will provide written progress reports to SACOG quarterly as shown in Exhibit D. Subrecipient agrees to follow, and to require its contractors to follow, the timeline identified in Exhibit A. If a substantive change to the identified timeline is desired, Subrecipient’s Project Manager will provide an immediate written request for approval to the SACOG Project Manager, including the reasons for the requested change. Approval by the SACOG Project Manager will not be unreasonably withheld. b. All work will be completed and this Agreement will expire on December 31, 2029 unless otherwise terminated as provided for in this Agreement or extended by written agreement between the parties, which written agreement is subject to approval by SACOG. Final invoice must be submitted by January 31, 2030. c. The services provided pursuant to this Agreement shall begin upon issuance of a Notice to Proceed by SACOG’s Procurement Officer to the Subrecipient.

3. Compliance with Laws: Subrecipient will comply with all applicable Federal, State, and local laws, codes, ordinances, regulations, orders, circulars, and directives, including, without limitation, all Federal regulatory requirements associated with the funding provided to Subrecipient hereunder.

These regulations, orders, circulars, and directives include, without limitation, the following: 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000, et seq.; and 2 CFR, Chapters 1 and 2, Parts 200, 215, 220, 225, and 230, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Further, Subrecipient will require the appropriate debarment certification form from all Subrecipient contractors and Subrecipient certifies that it will not knowingly enter into any transaction with a contractor, subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any Federal or State agency.

4. Funding Amount: The amount to be paid to Subrecipient under this Agreement will not exceed Eight Hundred Fifty Thousand Dollars ($850,000.00) unless agreed to in advance by the parties pursuant to a written amendment In no instance will SACOG be liable for any payments or costs for work in excess of this amount, nor for any unauthorized or ineligible costs.

5. Reporting and Payment:
a. On a quarterly basis, Subrecipient will provide SACOG with both a written report on the progress made on the Scope of Work (Exhibit A) and an invoice for reimbursement pursuant to Subsection 6.b. below. Invoices for contractual work completed through June 30 of a fiscal year must be submitted by July 30. Final invoice must be submitted by 3 722
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
January 31, 2030. Subrecipient shall submit written invoices by email to the SACOG Project Manager. Subrecipient’s written progress report shall be completed on the required Quarterly Report form included as Exhibit D, and shall be for the periods ending March, June, September and December.
b. Payments to Subrecipient hereunder will be made in arrears. Subrecipient will submit a detailed and properly documented invoice on its letterhead for reimbursement at least quarterly, which invoice will include the following: (i) a description of the work performed, (ii) a detailed accounting of costs incurred, and (iii) evidence that Subrecipient has already incurred costs for the Project using eligible funds. Attached as Exhibit H is SACOG’s matrix of required supporting documentation for subrecipient invoices. c. The Subrecipient shall, in accordance with applicable law, be entitled to reimbursement of indirect costs.
d. Subrecipient will be notified within ten (10) business days following receipt of its invoice by SACOG of any circumstances or data identified by SACOG in Subrecipient’s invoice that would cause withholding of approval and subsequent payment. Subrecipient’s invoice will include documentation of reimbursable expenses and billed items sufficient for SACOG, in its opinion, to substantiate billings. SACOG reserves the right to withhold payment of disputed amounts.
e. Subrecipient agrees that the “Contract Cost Principles and Procedures,” 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000, et seq., “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR, Part 200.
f. Subrecipient shall comply with, and shall require its subcontractors to comply with, the requirements for non-State employee travel and subsistence (per diem) expenses found in the California Department of Transportation (“Caltrans”) Travel Guide, Non-State Employee Travel (referencing the current California Department of Personnel Administration rules) at the following link: https://travelpocketguide.dot.ca.gov/. Lodging rates shall not exceed rates authorized to be paid non-State employees unless written verification is supplied that such rates are not commercially available to Contractor and/or its subcontractors at the time and location required as specified in the Caltrans Travel Guide Exception Process.
g. Subrecipient and its contractors and subcontractors shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) which segregates and accumulates reasonable, allowable, and allocable costs and matching funds for work elements by line item and produces reports which clearly identify reimbursable costs and other expenditures and shall provide support for all invoices sent to SACOG.
h. Any costs for which payment has been made to Subrecipient that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000, et seq., 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, or any other applicable State or Federal regulations, are subject to repayment by Subrecipient to SACOG within thirty (30) days of the Sub recipient receiving notice of final audit findings. Should Subrecipient fail to return disallowed cost to SACOG within thirty (30) 4 723
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
days, SACOG is authorized to withhold payments due to Subrecipient from other SACOG-administered programs.
i. Subrecipient and its contractors and subcontractors shall comply with:

Competitive bidding or procurement requirements for services or materials that are applicable to Subrecipient; and all other applicable State and Federal statutes, regulations, and guidelines or additional restrictions, limitations, conditions, or any statute enacted by the state legislature or adopted by the California Transportation Commission that may affect the provisions, terms, or funding of this project in any manner. j. All costs charged to this Agreement by the Subrecipient shall be supported by properly executed payrolls showing labor (wage) rates per hour, and if applicable, copies of Internal Revenue Service W-2 or 1099 Forms, or both; time records, including timesheets or time cards signed by the employee and approved by the supervisor; and invoices and vouchers, evidencing in proper detail the nature of the charges. These costs shall comply with the cost principles cited above in this Section of the Agreement. k. Any subcontract in excess of $25,000 entered into as a result of this Agreement, will contain all of the provisions of Subsections 5(f) through 5(k) above. The Subrecipient agrees to furnish documentation to SACOG to support this requirement that its agreements with a contractor contain the required provisions.

6. Contract Documents: Each and every term, condition and provision of the following documents are incorporated herein by reference:
a. The Designated Subrecipient Agreement;
b. NAE Terms and Conditions located at NAE FY23 FTA - General.pdf (transportation.gov);
c. RCP Terms and Conditions located at
https://www.transportation.gov/sites/dot.gov/files/2023-04/rcp-fy2022-fhwa-generalterms-and-conditions-20230424.pdf ;

7. Independent Contractor: The Subrecipient, and the agents and employees of the Subrecipient, in the performance of this Agreement, will act as and be independent contractors and not officers or employees or agents of SACOG. Subrecipient, its officers, employees, agents, and subcontractors, if any, will have no power to bind or commit SACOG to any decision or course of action, and will not represent to any person or business that they have such power. Subrecipient has and will retain the right to exercise full control of the supervision of the work and over the employment, direction, compensation and discharge of all persons assisting Subrecipient in the performance of work funded by this Agreement. Subrecipient will be solely responsible for all matters relating to the payment of its employees and contractors including, but not limited to, compliance with all laws, statutes, and regulations governing such matters.

8. Termination:
a. Either party may terminate this Agreement for any reason, with or without cause, at any time, by giving the other party fifteen (15) days written notice. The notice will be deemed 5 724
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
served and effective for all purposes on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to the other party at the address indicated in Section 17 below.
b. If either party issues a notice of termination, SACOG will reimburse Subrecipient for work actually performed up to the effective date of the notice of termination, subject to the limitations in Section 6 and less any compensation to SACOG for damages suffered as a result of Subrecipient’s failure to comply with the terms of this Agreement. c. Subrecipient will have the right to terminate this Agreement in the event SACOG is unable to make required payments, including, without limitation, a failure of Caltrans or CalSTA to appropriate funds. In such event, Subrecipient will provide SACOG with seven (7) days written notice of termination. The notice will be deemed served and effective on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to SACOG at the address indicated in Section 17.

SACOG will make payment to Subrecipient through the date of termination, subject to the provisions of Section 6 above.

9. Assignment: The parties understand that SACOG entered into this Agreement based on the Project proposed by Subrecipient. Therefore, without the prior express written consent of SACOG, this Agreement is not assignable by the Subrecipient either in whole or in part.

10. Binding Agreement: This Agreement will be binding on the parties hereto, their assigns, successors, administrators, executors, and other representatives.

11. Time: Time is of the essence in this Agreement and will follow the timeline set forth in the scope of work (Exhibit A), unless modified pursuant to Section 12.

12. Amendments: No alteration or variation of the terms of this Agreement will be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, will be binding on any of the parties hereto.

13. Contractors and Subcontractors: Subrecipient will be fully responsible for all work performed by its contractors and subcontractors.
a. SACOG reserves the right to review and approve, which approval shall not be unreasonably withheld, any contract or agreement to be funded in whole or in part using funds provided under this Agreement.
b. Any contract or subcontract to be funded in whole or in part using funds provided under this Agreement will require the contractor and its subcontractors, if any, to:
1) Comply with applicable State and Federal law requirements that pertain to, among other things, labor standards, Non-Discrimination, the Americans with Disabilities Act, Equal Employment Opportunity, the Drug- Free Workplace Act, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000, et seq., and “Uniform 6 725
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR, Part 200.
2) Maintain at least the minimum State-required Workers’ Compensation Insurance for those employees who will perform the work or any part of it. 3) Maintain unemployment insurance and disability insurance as required by law, along with liability insurance in an amount that is reasonable to compensate any person, firm, or corporation who may be injured or damaged by the Subrecipient or any subcontractor in performing work associated with this Agreement or any part of it. 4) Retain all books, records, accounts, documentation, and all other materials relevant to this Agreement for a period of three (3) years from the date of termination of this Agreement, or three (3) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later. 5) Permit SACOG and/or its representatives, upon reasonable notice, unrestricted access to any or all books, records, accounts, documentation, and all other materials relevant to this Agreement for the purpose of monitoring, auditing, or otherwise examining said materials.
6) Comply with all applicable requirements of Title 49, Part 26 of the Code of Federal Regulations, as set forth in Section 28.

14. Written and Electronic Versions of Work Products and Related Materials; Publishing. The Subrecipient shall provide copies of all of its deliverables created pursuant to the Scope of Work to SACOG in an electronic format. Hard copies will also be provided upon SACOG’s request. Related materials, including any reports, newsletters or other written materials will also be provided in hard copy and/or electronic format, upon SACOG’s request.
a. Any graphic images accompanying the text of these written materials shall be included, in digitized form, in the electronic version.
b. The electronic versions of all written materials and accompanying graphic images shall, when printed or otherwise displayed, appear in the identical format, location, quality, and state of replicating in which they appear in the hard copy versions. c. Materials in the electronic version shall be presented to SACOG in a commonly used electronic format, including the native file.
d. All deliverables produced under this Agreement which include Subrecipient logos shall also include the SACOG.

15. Indemnity: Subrecipient will indemnify, defend, and hold harmless SACOG, its directors, officers, members, agents, and employees (collectively and individually, the “Indemnitee(s)”) from and against any and all actions, claims, demands, losses, costs, expenses, including reasonable attorneys’ fees and costs, damages, and liabilities (collectively “Losses”) arising out of or in any way connected with the performance of this Agreement, including, without limitation, any demand for return of all or a portion of the funds provided by SACOG to Subrecipient under this Agreement, excepting only Losses caused by the sole, active negligence or willful misconduct of an Indemnitee in proportion to fault. Subrecipient shall pay all costs and expenses that may be incurred by SACOG in enforcing this indemnity, including reasonable attorneys’ fees. The provisions of this Section shall survive the 7 726
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
expiration, termination, or assignment of this Agreement.

16. Audit, Retention and Inspection of Records:
a. SACOG or its designee, including but not limited to any State or Federal agency, will have the right to review, obtain, copy, and audit all books, records, computer records, accounts, documentation and any other materials (collectively “Records”) pertaining to performance of this Agreement, including any Records in the possession of any contractors or subcontractors. Such Records shall include all records of employment, employment advertisements, employment application forms, and other pertinent employment data, as well as any records pertaining to compliance with Public Contract Code Sections 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500, et seq. (when applicable) and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7.
b. Subrecipient agrees to provide SACOG or its designee, the State, the California State Auditor or any duly authorized representative of the State or Federal government (including FHWA), with any relevant information requested and will permit SACOG or its designees access to its premises, upon reasonable notice, during normal business hours, for the purpose of interviewing employees and inspecting and copying such Records for the purpose of determining compliance with any applicable Federal and State laws and regulations. Subrecipient further agrees to maintain such Records for a period of three (3) years after final payment under the Agreement or three (3) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later.
c. If so directed by SACOG upon expiration of this Agreement, the Subrecipient will cause all Records relevant to the Scope of Work to be delivered to SACOG as depository.

17. Project Managers: SACOG’s Project Manager for this Agreement is Greg Chew, unless SACOG otherwise informs Subrecipient. With the exception of notice of termination sent by certified mail pursuant to Section 8 above, any notice, report, or other communication required by this Agreement will be emailed or mailed by first-class mail to the SACOG Project Manager at the following address:

Greg Chew, Senior Planner
Sacramento Area Council of Governments
1415 L Street, Suite 300
Sacramento, CA 95814
Phone: 916-340-6227
Email: [email protected]
Subrecipient’s Project Manager for this Agreement is Stephanie Chann. No substitution of Subrecipient’s Project Manager is permitted without prior written agreement by SACOG, which agreement will not be unreasonably withheld. With the exception of notice of termination sent by certified mail pursuant to Section 8 above, any notice, report, or other communication to Subrecipient required 8 727
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
by this Agreement will be emailed or mailed by first-class mail to:

Stephanie Chann, Senior Transportation Planner
City of West Sacramento
1110 W Capitol Avenue
West Sacramento, CA
Phone: 916-617-5300
Email: [email protected]

18. Successors: This Agreement will be binding on the parties hereto, their assigns, successors, administrators, executors, and other representatives.

19. Waivers: No waiver of any breach of this Agreement will be held to be a waiver of any prior or subsequent breach. The failure of SACOG to enforce at any time the provisions of this Agreement or to require at any time performance by the Subrecipient of these provisions, will in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of SACOG to enforce these provisions.

20. Litigation: Subrecipient will notify SACOG immediately of any claim or action undertaken by it or against it that affects or may affect this Agreement or SACOG, and will take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of SACOG.

21. Americans with Disabilities Act (ADA) of 1990; Accessibility: By signing this Agreement, Subrecipient assures SACOG that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101, et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA including, but not limited to, those found within the Code of Federal Regulations, Title 49, parts 27, 37, and 38. Subrecipient also agrees that it will award no construction contract unless its plans and specifications for such facilities conform to the provisions of California Government Code Sections 4450 and 4454, if applicable.

22. Compliance with Non-discrimination and Equal Employment Opportunity Laws: It is SACOG’s policy to comply with State and Federal laws and regulations including Title VI of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990 (ADA) and other Federal discrimination laws and regulations, (including 49 CFR Part 21 through Appendix C, 23 CFR part 200, 23 CFR part 230, 49 U.S.C. 5332, 42 U.S.C. 12101, et seq., and the Title VI Assurance executed by California under 23 U.S.C. 324 and 29 U.S.C. 794), as well as the Unruh Civil Rights Act of 1959, the California Fair Employment and Housing Act (Government Code Section 12990, et seq.), and other California State discrimination laws and regulations. SACOG does not discriminate against any employee or applicant for employment because of race, religion (including religious dress and grooming practices) color, national origin, (includes use and possession of a driver’s license issued to persons unable to prove their presence in the United States is authorized under federal law), ancestry, disability, (including physical and mental, including HIV and AIDS) medical condition, (including genetic characteristics, cancer or a 9 728
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
record or history of cancer), military or veteran status, marital status, sex/gender (includes pregnancy, childbirth, breastfeeding, and/or related medical conditions), age (40 and above), gender identity, gender expression, or sexual orientation pursuant to Sections 12940 et seq. of the Government Code. SACOG prohibits discrimination by its employees, subrecipients, contractors and consultants.

Subrecipient hereby certifies, under penalty of perjury under the laws of California, that it complies with, and that Subrecipient will require that its contractors and subcontractors comply with, the following nondiscrimination and equal opportunity laws. Any failure by Subrecipient to comply with these provisions shall constitute a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as SACOG may deem appropriate. a. Subrecipient and its contractors and subcontractors shall comply with all provisions prohibiting discrimination on the basis of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d, et seq., with U.S. D.O.T. regulations, “Nondiscrimination in Federally- Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act”, 49 C.F.R. Part 21, and with any applicable implementing Federal directives that may be issued. Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person shall, on the basis of race, color, ancestry, national origin, religion, religious creed, sex, age, or disability, be excluded from participation in, denied the benefits of, or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. b. Subrecipient and its contractors and subcontractors shall comply with all applicable equal employment opportunity (EEO) provisions of 42 U.S.C. § 2000e, implementing Federal regulations, and any applicable implementing Federal directives that may be issued.

Subrecipient and its contractors and subcontractors shall ensure that applicants and employees are treated fairly without regard to their race, color, creed, sex, disability, age, or national origin.
c. Subrecipient and its contractors and subcontractors will act in accordance with Title VI and will not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religion, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age or marital status. Subrecipient and its contractors and subcontractors will further ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment, including the improper denial of family and medical care leave and pregnancy disability leave. Subrecipient and its contractors and subcontractors will comply with all applicable Federal and State employment laws and regulations including, without limitation, the provisions of the California Fair Employment and Housing Act (Government Code § 12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, § 7285.0, et seq.), as well as Title 2, California Code of Regulations, Section 8103. The applicable regulations of the Fair Employment and Housing Commission implementing Government Code §§ 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are 10 729
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
incorporated into this Agreement by reference and made a part hereof as if set forth in full. Subrecipient and its contractors and subcontractors will give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
d. Subrecipient and its subcontractors shall also comply with the Older Americans Act, as amended (42 U.S.C. 6101), prohibiting discrimination on the basis of age, Section 324 of Title 23 U.S.C., prohibiting discrimination based on gender, and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR part 27 regarding discrimination against individuals with disabilities.
e. Subrecipient, with regard to the work performed by it during the Agreement, shall act in accordance with Title VI. Specifically, Subrecipient shall not discriminate on the basis of race, color, ancestry, national origin, religion, religious creed, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. Subrecipient shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Subrecipient and its contractors will include the provisions of this Section 22 in all contracts to perform work funded under this Agreement. Subrecipient shall take such action with respect to any such contract as SACOG or U.S. DOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. g. Sanctions for Noncompliance: In the event of the Subrecipient's noncompliance with the nondiscrimination provisions of this Agreement, SACOG shall impose such contract sanctions as it or the U.S. DOT may determine to be appropriate, including, but not limited to:
1) Withholding of payments to the Subrecipient under this Agreement until the Subrecipient complies, and/or
2) Cancellation, termination or suspension of the Agreement, in whole or in part.

23. Drug-Free Certification: By signing this Agreement, Subrecipient hereby certifies under penalty of perjury under the laws of the State of California that Subrecipient will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code § 8350, et seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) The dangers of drug abuse in the workplace;
2) The person’s or the organization’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation, and employee assistance programs; and 4) Penalties that may be imposed upon employees for drug abuse violations. 11 730
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
c. Every employee of Subrecipient who works under this Agreement will:
1) Receive a copy of Subrecipient’s Drug-Free Workplace Policy Statement; and 2) Agree to abide by the terms of Subrecipient’s Statement as a condition of employment on this Agreement.

24. Union Organizing: By signing this Agreement, Subrecipient hereby acknowledges the applicability of Government Code § 16645 through § 16649 to this Agreement, excluding § 16645.2 and § 16645.7.
a. Subrecipient will not assist, promote, or deter union organizing by employees performing work on this Agreement if such assistance, promotion, or deterrence contains a threat of reprisal or force, or a promise of benefit.
b. Subrecipient will not meet with employees or supervisors on SACOG or State property if the purpose of the meeting is to assist, promote, or deter union organizing, unless the property is equally available to the general public for meetings.

25. Prohibition of Expending State or Federal Funds for Lobbying:
a. Subrecipient certifies, to the best of his or her knowledge or belief, that:
1) No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any State or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any State or Federal contract, the making of any State or Federal grant, the making of any State or Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Agreement, the Subrecipient will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. b. This certification is a material representation of fact upon which reliance was placed when this Agreement was entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code.

Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. c. Subrecipient also agrees by signing this Agreement that he or she will require that the language of this certification be included in all lower tier contracts and subcontracts. 12 731
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100

26. Prevailing Wage and Labor Requirements.
a. Should Subrecipient award any construction contracts utilizing Federal funds under this Agreement, Subrecipient agrees to comply with all pertinent statutes, rules and regulations promulgated by the Federal government including, but not limited to, (i) prevailing wage requirements of the Davis Bacon Act (40 U.S.C. §276a, et seq.) and related regulations (29 CFR Part 5); (ii) anti-kick back and payroll records requirements of the Copeland “Anti-Kickback” Act (40 U.S.C. §276c and 18 U.S.C. §874) and related regulations (29 CFR Part 3); and (iii) workweek computation and overtime requirements of the Contract Work Hours and Safety Standards Act (40 U.S.C. §327-333) and related regulations (29 CFR Part 5).
b. Should Subrecipient award any “public work” contract, as defined by California Labor Code Section 1720, utilizing State funds under this Agreement, Subrecipient agrees to comply with all pertinent California statutes, rules, and regulations including, but not limited to, prevailing wage provisions of Labor Code Section 1771. c. Any contract or subcontract entered into as a result of this Agreement will contain all of the provisions of this section.

27. Disadvantaged Business Enterprise (DBE) Assurances by SACOG: SACOG has signed the following assurances, applicable to all U.S. Department of Transportation (DOT) assisted contracts:

SACOG shall not discriminate on the basis of race, color, national origin, or sex in the award or performance of any DOT assisted contract or in the administration of its DBE Program or the requirements of 49 Code of Federal Regulations (CFR) Part 26. SACOG shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT assisted contracts. SACOG’s DBE Program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in the Agreement. Implementation of the SACOG DBE Program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to SACOG of any failure to carry out its approved program, DOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 USC 3801, et seq.)

28. Disadvantaged Business Enterprise (DBEs) Participation by Subrecipient and its Contractors: This Agreement is subject to, and Subrecipient agrees to comply with, Title 49, Part 26 of the Code of Federal Regulations (CFR) entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation (DOT) Financial Assistance Programs.” DBE’s and other small businesses, as defined in Title 49 CFR Part 26, are encouraged to participate in the performance of agreements financed in whole or in part with Federal funds; however, DBE participation is not a condition of award. Subrecipient agrees to complete the SACOG DBE Information Form so that SACOG may compile statistics for Federal reporting purposes. The SACOG DBE Information Form is attached hereto as Exhibit I and incorporated herein by this reference. a. Non-Discrimination: Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. Subrecipient shall carry out 13 732
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
applicable requirements of 49 CFR Part 26 in the award and administration of United States Department of Transportation-assisted contracts. Failure by Subrecipient to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, as SACOG deems appropriate. b. Prompt Payments to DBE and Non-DBE Subcontractors: Subrecipient shall insert the following clauses in any contract funded under this Agreement:
1) Contractor agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than 30 days from the receipt of each payment Contractor receives from Subrecipient. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of Subrecipient. This clause applies to both DBE and non-DBE subcontracts. 2) Contractor agrees to return retainage payments to each subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of Subrecipient. Pursuant to 49 CFR Section 26.29, a subcontractor’s work will be deemed satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by Subrecipient agency. If Subrecipient makes an incremental acceptance of a portion of the work hereunder, the work of a subcontractor covered by that acceptance will be deemed satisfactorily completed. This clause applies to both DBE and non-DBE subcontracts.

In the event Contractor fails to promptly return retainage as specified above, Subrecipient shall consider it a breach of this Agreement, which may result in the termination of this Agreement or other such remedy as Subrecipient agency deems appropriate including, but not limited to, administrative sanctions or penalties, including the remedies specified in Section 7108.5 of the California Business and Professions Code.
3) The foregoing requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to Contractor or subcontractor in the event of a dispute involving late payment or non-payment to the Contractor or deficient subcontract performance or noncompliance by a subcontractor. c. Records: Subrecipient shall maintain records of all contracts and subcontracts entered into with certified DBEs and records of materials purchased from certified DBE suppliers.

The records shall show the name and business address of each DBE contractor, subcontractor or vendor and the total dollar amount actually paid each DBE contractor, subcontractor or vendor. The records shall show the date of payment and the total dollar figure paid to all firms. Upon completion of the contract, a summary of these records shall be prepared and submitted to SACOG.
d. Termination of a DBE: In conformance with 49 CFR Section 26.53:
14 733
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
1) Subrecipient shall not permit its contractor to terminate a listed DBE subcontractor unless the contractor has received prior written authorization from Subrecipient’s Project Manager. Subrecipient’s Project Manager will authorize termination only if the Project Manager determines that the contractor has good cause to terminate the DBE subcontractor. As used in this Section, “good cause” includes those circumstances listed in 49 CFR Section 26.53(f)(3).
2) Prior to requesting Subrecipient’s authorization to terminate and/or substitute a DBE subcontractor, the contractor shall give notice in writing to the DBE subcontractor, with a copy to Subrecipient, of its intent to request termination and/or substitution, and the reason for the request. The DBE subcontractor shall have five (5) days to respond to the contractor’s notice and state the reasons, if any, why it objects to the proposed termination of its subcontract and why Subrecipient should not approve the contractor’s action. Subrecipient may, in instances of public necessity, approve a response period shorter than five (5) days.
3) If a DBE subcontractor is terminated or fails to complete its work for any reason, the contractor shall be required to make good faith efforts to replace the original DBE subcontractor with another DBE.
e. DBE Certification and Decertification: If a DBE subcontractor is decertified during the life of the contract, the decertified subcontractor shall notify the Subrecipient in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the contract, the subcontractor shall notify the Subrecipient in writing with the date of certification. The contractor shall then provide to SACOG’s Project Manager written documentation indicating the DBE’s existing certification status. f. Noncompliance by Subrecipient. Subrecipient’s failure to comply with any requirement of this Section is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as SACOG may deem appropriate.

Any contract entered into by Subrecipient as a result of this Agreement shall contain all of the provisions of this Section.

29. Non-Liability of SACOG: SACOG shall not be liable to Subrecipient or any third party for any claim for loss of profits or consequential damages. Further, SACOG shall not be liable to Subrecipient or any third party for any loss, cost, claim or damage, either direct or consequential, allegedly arising from a delay in performance or failure to perform under this Agreement.

30. Debarment Responsibilities: Subrecipient agrees that it will comply with the provisions of 24 CFR Part 24 relating to the employment, engagement of services, awarding of contracts or funding of any contractors or subcontractors during any period of debarment, suspension or placement in ineligibility status.

31. Costs and Attorneys’ Fees: If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action may recover its reasonable litigation expenses, including court costs, expert witness fees, discovery 15 734
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
expenses, and reasonable attorneys’ fees.

32. Governing Law and Choice of Forum: This Agreement will be administered and interpreted under California law as if written by both parties. Any litigation arising from this Agreement will be brought in the Superior Court of Sacramento County.

33. Integration: This Agreement represents the entire understanding of SACOG and Subrecipient as to those matters contained herein and supersedes all prior negotiations, representations, or agreements, both written and oral. This Agreement may not be modified or altered except in accordance with Section 12.

34. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance will, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is invalid or unenforceable, will not be affected thereby, and each term and provision of this Agreement will be valid and will be enforced to the fullest extent permitted by law, unless the exclusion of such term or provision, or the application of such term or provision, would result in such a material change so as to cause completion of the obligations contemplated herein to be unreasonable.

35. Headings: The headings of the various sections of this Agreement are intended solely for convenience of reference and are not intended to explain, modify, or place any interpretation upon any of the provisions of this Agreement.

36. Authority: Each person signing this Agreement on behalf of a party hereby certifies, represents, and warrants that he or she has the authority to bind that party to the terms and conditions of this Agreement.

37. Ownership; Permission: Subrecipient represents and warrants that all materials used in the performance of the Project work, including, without limitation, all computer software materials and all written materials are either produced and owned by Subrecipient or that all required permissions and license agreements have been obtained and paid for by Subrecipient. Subrecipient will defend, indemnify and hold harmless SACOG and its directors, officers, employees, and agents from any claim, loss, damage, cost, liability, or expense to the extent of any violation or falsity of the foregoing representation and warranty.

38. Counterparts: This Agreement may be executed in multiple counterparts, each of which will constitute an original, and all of which taken together will constitute one and the same instrument.

Documents executed, scanned, and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all matters related thereto, with such scanned and electronic signatures having the same legal effect as original signatures.

39. Amendments Required by Federal or State Agencies: If the FTA, FHWA, Caltrans, or any other Federal or State agency having jurisdiction, requires a change to the terms of this Agreement, the parties will amend this Agreement as necessary, or will terminate it immediately. 16 735
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100

40. Ambiguities: The parties have each carefully reviewed this Subrecipient Agreement and have agreed to each term and condition herein. No ambiguity will be construed against either party.

41. Press Releases: Each party will obtain other party’s prior written approval of any press releases, or other public outreach materials, that include any reference to such other party or such other party’s logo.

42. FFATA Requirements: Subrecipient agrees that it will comply with the requirements of the Federal Funding Accountability and Transparency Act (FFATA), including U.S. OMB guidance, “Reporting Subaward and Executive Compensation Information,” 2 C.F.R. Part 170, [75 Fed. Reg. 55670 - 55671, September 14, 2010]. Subrecipient’s compliance shall include the reporting, record retention, and access requirements set forth in Exhibit “E,” attached hereto and incorporated herein.

43. Clean Air Act: Subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, including sections 174 and 176, subdivisions (c) and (d) (42 U.S.C. §§ 7504, 7506 (c) and (d)) and 40 CFR part 93 (“Clean Air requirements”). Subrecipient agrees to report each Clean Air requirement violation to SACOG and understands and agrees that SACOG will, in turn, report each Clean Air requirement violation as required to assure notification to FTA and the appropriate EPA Regional Office. Subrecipient also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

44. Disputes: Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be submitted in writing to a committee consisting of SACOG’s Contracts Administrator and General Counsel. This Committee may consider the written information or additional verbal information submitted by Subrecipient at the request of the Committee.

A determination shall be made by the Committee within ten (10) business days. In the event that Subrecipient disputes the Committee’s determination, Subrecipient may request review by SACOG’s Executive Director of unresolved claims or disputes, other than audit, not later than thirty (30) days after completion of all work under the Agreement. The Subrecipient’s request for review must be submitted in writing. Neither the pendency of a dispute, nor its consideration by the Committee, will excuse Subrecipient from full and timely performance in accordance with this Agreement.

45. Rebates, Kickbacks, or Other Unlawful Consideration: Subrecipient warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any SACOG employee. For breach or violation of this warranty, SACOG shall have the right, in its discretion: to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the Agreement price, or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

46. State Prevailing Wage Rates: If the Scope of Work is for a public works project pursuant to California Labor Code Section 1720, et seq., including surveying work, then the following provisions 17 736
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
apply:
a. Subrecipient shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Section. c. When prevailing wages apply to the services described in the Scope of Work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov.”

47. Equipment Purchase:
a. Prior authorization in writing, by SACOG’s Project Manager shall be required before Subrecipient enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or Subrecipient services. Subrecipient shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Subrecipient’s Cost Proposal and exceeding $10,000 prior authorization by SACOG’s Project Manager, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.
c. Any equipment purchased as a result of this contract is subject to the following:
“Subrecipient shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least one year and an acquisition cost of $10,000 or more. If the purchased equipment needs replacement and is sold or traded in, SACOG shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, Subrecipient may either keep the equipment and credit SACOG in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established SACOG procedures, and credit SACOG in an amount equal to the sales price. If Subrecipient elects to keep the equipment, fair market value shall be determined at Subrecipient’s expense, on the basis of a competent independent appraisal of such equipment.

Appraisals shall be obtained from an appraiser mutually agreeable to SACOG and Subrecipient, and if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by SACOG.” 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $10,000 is credited to the project.
d. All subcontracts in excess $25,000 shall contain the above provisions. (Signature Page to Follow)
18 737
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
IN WITNESS THEREOF, THE PARTIES HAVE ENTERED INTO THIS AGREEMENT AS OF THE DATE; FIRST APPEARING ABOVE:

SACRAMENTO AREA COUNCIL OF

GOVERNMENTS

CITY OF WEST SACRAMENTO

JAMES CORLESS
Executive Director

AARON LAUREL
City Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:

SLOAN SAKAI YEUNG & WONG, LLP
Legal Counsel to SACOG
JEFFREY A. MITCHELL
City Attorney
RECOMMENDED BY: ATTEST:

GREG CHEW
Senior Planner

JENNIFER CUSMIR
City Clerk
19 738
Contract #: CT250029 Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100 EXHIBIT A SACOG – Reconnecting Communities and Neighborhoods (RCN) Sub-Recipient Grantee Scope of Work/Deliverables/Budget Project Title: Sycamore Trail Phase IV and V Feasibility Study Task # Detailed Description of Tasks / Milestones Task Timeline (in months and year) Deliverable(s) including delivery date Total Budget RCN Funding Other Funds (include source) 1. Regular reporting to SACOG Provide regular progress reports and invoices to SACOG. 2 yr, 6 mo 1. Progress report and invoicing – Final report delivered on or before month 30. $10,000 $10,000 $0 2. City Project Management City staff time to release a request for proposal for consultant services, execute a professional services contract and related amendments, manage budget and scope of grant, attend meetings, provide direction to consultant, review and approve deliverables, approve consultant invoices, and other project management tasks. 2 yr, 6 mo 1. Request for Proposal – completed on or before month 6. 2. City Council Awards Contract – completed on or before month 9. 3. Execute contract and amendments – Project Management completed on or before month 30. $110,870 $110,870 $0 20 739
Contract #: CT250029 Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100 3. Consultant Project Management and Coordination Consultant staff time to for project kick-off meeting, project management plan, monthly progress reporting and invoicing, project team meetings, quality assurance/ quality control, and other project management tasks. 1 yr, 9 mo 1. Consultant Project Management Plan – completed on or before month 10. 2. Progress Report – Final progress report completed on or before month 30. 3. Invoicing - Final invoice submitted month 30. $53,180 $53,180 $0 4. Location and Existing Conditions Analysis Understand and identify issues that will be addressed under subsequent phases. This analysis may require site visits, property records, aerial photography, utility investigation, geotechnical research, and field surveys for mapping of both Phase IV and Phase V of Sycamore Trail. The analysis will also establish a baseline against which future conditions can be measured (active transportation counts, etc.). 3 mo 1. Location and Existing Conditions Memorandum – completed on or before month 12. $83,720 $83,720 $0 5. Careholder Coordination + Civic Engagement Prepare and execute an Outreach and Engagement Strategy Plan that identifies technical and public careholders and appropriate levels support to be achieved. Prepare a summary of the results. 1 yr, 9 mo 1. Engagement Strategy Plan – completed on or before month 12. 2. Engagement Memorandum – completed on or before month 30. $57,600 $57,600 $0 6. Design Alternatives Concepts Constructability and Analysis Prepare and define project study area, project purpose and need statement, and project description. Develop stand-alone design alternative concepts for Phases IV and V of the Sycamore Trail. Each alternative should have a project description, conceptual design, constructability/feasibility, major engineering or environmental issues, and list of positive and negative attributes. 1 year 1. Design Alternatives Concept Memo – completed on or before month 26. $167,040 $167,040 $0 21 740
Contract #: CT250029 Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100 7. Engineer's Opinion of Preliminary Cost Estimates for Design Alternatives Develop initial cost estimates for each design alternative, including preliminary quantities, construction costs, maintenance costs, and the appropriate level of contingencies. 1 year 1. Preliminary Cost Estimates – completed on or before month 26. $65,880 $65,880 $0 8. Preferred Alternatives Analysis Evaluate and assess the feasible alternative concepts to identify preferred alternatives to be pursued in future environmental and design phases. This may include additional preliminary investigations, technical studies or other conceptual engineering work. 1 year 1. Preferred Alternatives Analysis Memorandum – completed on or before month 26. $102,550 $102,550 $0 9. Preliminary Environmental Study Prepare a Preliminary Environmental Study (PES) consistent with the California Department of Transportation’s Local Assistance Procedures Manual (LAPM) for the preferred alternative. This will involve the completion of LAPM PES Form 6-A, including necessary studies. 3 mo 1. Sycamore Trail Phase IV PES Form – completed on or before month 28. 2. Sycamore Trail Phase V PES Form – completed on or before month 28. $20,000 $20,000 $0 10. Next Steps: Project Coordination, Funding Opportunities, Permitting Requirements Develop implementation plans and fact sheets for Phases IV and V. 3 mo 1. Implementation Memorandum – completed on or before month 28. $53,400 $53,400 $0 11. Draft + Final Feasibility Report Using information from the previous tasks, develop a draft and final Sycamore Trail Phase IV and V Feasibility Report. 5 mo 1. Draft Feasibility Report – completed on or before month 28. 2. Final Feasibility Report – completed on or before month 30. $34,000 $34,000 $0 12. Contingency 2 yr, 6 mo $91,760 $91,760 $0 Total Costs $850,000 $850,000 $0 22 741
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100

EXHIBIT B

DEBARMENT CERTIFICATION FORM
The Contractor certifies that, neither the Contractor firm nor any owner, partner, director, officer, or principal of the Contractor, nor any person in a position with management responsibility or responsibility for the administration of Federal funds:
a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal or State department/agency; b) has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (Federal, State, or local); 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;
c) is 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 (b) above; or
d) has within a three-year period preceding this certification had one or more public transactions or contracts (Federal, State, or local) terminated for cause or default.

The Contractor further certifies that it shall not knowingly enter any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any Federal or State department/agency.

By: __________________________________ Date: ________________ (Authorized Signer for Subrecipient) __________________________________ (Printed Name and Title of Signer) __________________________________ Subrecipient Local Agency __________________________________ Local Agency Address __________________________________ City, State, Zip __________________________________ Phone number & Email address 23 742
(Form revised 3/2022) Page 1 of 3

ISSUE MEMORANDUM
TO Dee Lam, Division Chief
Division of Local Assistance
(916) 202-0620; [email protected]
FROM Gretchen Chavez (Acting), Deputy Division Chief
Division of Local Assistance
(279) 599-1075; [email protected]
PREPARED BY Robert Peterson (Acting), Deputy Division Chief Division of Local Assistance
(916) 206-7197; [email protected]
Bob Baca, Branch Chief
Division of Local Assistance
(279) 599-3199; [email protected]
DATE November 20, 2024
SUBJECT Reconnecting Communities and Neighborhoods (RCN) Neighborhood Access and Equity (NAE) Program, Sacramento Area Council of Governments (SACOG) Recipient Agreement (RA) and Designated Subrecipient Agreement (DSA)
Request for Approval For Information
Request for Discussion For Signature
24 743
SUBJECT Reconnecting Communities and Neighborhoods (RCN) Neighborhood Access and Equity (NAE) Program, SACOG
Recipient Agreement (RA) and Designated Subrecipient
Agreement (DSA)
(Form revised 3/2022) Page 2 of 3

TRACKING NUMBER

TIME FACTOR
SACOG (subrecipient) has requested that the California Department of Transportation (Caltrans) sign the agreement at its earliest convenience.

BACKGROUND
SACOG, in collaboration with the California Department of Transportation (Caltrans), will be using RCN (NAE) Grant Program funds for SACOG: GREEN MEANS GO: Green Zone Access and Equity Regional Planning Project (Project).

DISCUSSION/PRO-CON ARGUMENTS
Signing this RA and DSA, will allow SACOG to advance planning, engineering, design and project development activities to address barrier transportation facilities in nine federally designated disadvantaged communities that are (1) locally prioritized for infill development and (2) share the challenge of high volume, autocentric facilities that bisect existing neighborhoods to limit both economic and transportation mobility.

EFFECT ON EXISTING LAW
Not applicable.

ESTIMATED COST
The Project cost is estimated to be $22,500,000 requested through RCN (NAE) funds.
25 744
SUBJECT Reconnecting Communities and Neighborhoods (RCN) Neighborhood Access and Equity (NAE) Program, SACOG
Recipient Agreement (RA) and Designated Subrecipient
Agreement (DSA)
(Form revised 3/2022) Page 3 of 3

RECOMMENDATION
It is recommended that the Division Chief sign the grant agreement (RA and DSA), so SACOG can move forward with the award of the GREEN MEANS GO:

Green Zone Access and Equity Regional Planning Project.

APPROVED
Gretchen Chavez (Acting), Deputy Division
Chief
Date

ATTACHMENTS

1. FY 2023 RCN (NAE) Recipient Agreement (Between FHWA and Caltrans)

2. FY 2023 RCN (NAE) Subrecipient Agreement (Between Caltrans and SACOG)

CC FILE
26 745
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 1 | 30
FY 2023 NEIGHBORHOOD ACCESS AND EQUITY (NAE)

DISCRETIONARY GRANT PROGRAM

RECIPIENT - DESIGNATED SUBRECIPIENT AGREEMENT
This Federal Fiscal Year (FY) 2022-2023 project specific Neighborhood Access and Equity (NAE) Discretionary Grant Program Recipient - Designated Subrecipient Agreement (Agreement) is between the State of California Department of Transportation (Caltrans) Division of Local Assistance (Recipient or Caltrans) and Sacramento Area Council of Governments (SACOG), a Metropolitan Planning Organization (Designated Subrecipient), collectively known as “Parties.”

RECITALS
WHEREAS, NAE Grant funds were provided under the authority of the Inflation Reduction Act, Pub. L. No. 117-169 (Aug. 16, 2022) (the “IRA”) made funds available to the United States Department of Transportation (the “USDOT”) for fiscal year 2022 to carry out the Neighborhood Access and Equity (NAE) Grant Program; and WHEREAS, on July 5, 2023, the United States Department of Transportation (USDOT) posted a funding opportunity through the Fiscal Year (FY) 2023, Neighborhood Access and Equity (NAE) Grant Program at Grants.gov, with the funding opportunity title “Neighborhood Access and Equity (NAE) Program” and funding opportunity number DOT-NAE-FY23-01; and WHEREAS, this notice of funding opportunity posted at Grants.gov, as amended on July 19, 2023, (the “NOFO”) solicited applications for Federal financial assistance under the fiscal years 2023 NAE Program; and
WHEREAS, on or before September 28, 2023, the Designated Subrecipient applied for NAE Grant funding from the United States Department of Transportation (USDOT) for SACOG Green Means Go: Green Zone Access and Equity Regional Planning Project (Project), which will advance planning, engineering, design and project development activities to address barrier transportation facilities; establish a Community-Based Organization Working Group to support equity-centered planning processes that engage traditionally marginalized groups; and establish career pathways for vulnerable community members; and
WHEREAS, the Designated Subrecipient’s application for Project (Grant Application), referenced in section 1 of schedule A of the SACOG Green Means Go: Green Zone Access and Equity Regional Planning Project for Project between the USDOT and the Recipient, includes Standard Form 424 and all information and attachments the Designated Subrecipient submitted with that form through Grants.gov, and
WHEREAS, on March 13, 2024, the USDOT announced application selections under the NOFO selecting Project for NAE Grant funding in the amount of $22,500,000 for the Project; .and WHEREAS, in this Agreement, “NAE Grant” means an award of these funds to Project that were made available through the NOFO; and
27 746
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 2 | 30
WHEREAS, as a condition to receive the NAE Grant, the USDOT requires the Recipient and the USDOT, to enter into the USDOT Grant Agreement under the Fiscal Year 2023 NAE Program Project Agreement for the [SACOG Green Means Go: Green Zone Access and Equity Regional Planning Project] (USDOT Agreement) that awards and allocates $22,500,000 in NAE Grant funding for the Project to the Recipient; and
WHEREAS, this Agreement reflects the Recipient decision to subaward the NAE Grant Project funding to the Designated Subrecipient; and
WHEREAS, this Agreement reflects the Designated Subrecipient decision to receive the Subaward, defined in 2 C.F.R. § 200.1, of the NAE Grant funding for the purpose of carrying out the Federal award; and
WHEREAS, the Office of the Secretary of Transportation is responsible for the USDOT’s overall administration of the NAE Grant Program; and
WHEREAS, the Federal Highway Administration (Administering Operating Administration) will administer the USDOT Agreement, on behalf of the USDOT; and WHEREAS, the U.S. Department of Transportation General Terms and Conditions Under the Fiscal Year 2023 Neighborhood Access and Equity Program: FHWA Projects (NAE Terms and Conditions), revised October 1, 2024, is referenced as part of the USDOT Agreement and defines additional responsibilities and requirements that must be followed as a condition to receiving and using the NAE Grant funding; and
WHEREAS, the U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2023 Reconnecting Communities Pilot Program/Neighborhood Access and Equity Program (RCN): FHWA Projects (Exhibits), dated April 8, 2024, is referenced in the NAE Terms and Conditions, and further defines responsibilities and requirements that must be followed as a condition to receiving and using the NAE Grant funding; and WHEREAS, the Reconnecting Communities Program Discretionary Grants Performance Measurement Guidance (Performance Measures), updated July 6, 2023, is referenced in this Agreement and used in the USDOT Agreement and the NAE Terms and Conditions to define responsibilities and requirements regarding the development, measurement, and reporting of project performance measures; and
WHEREAS, the Parties want the Designated Subrecipient to carry out the Project with the Recipient acting as the “pass-through” entity for purposes of payment of the federal funds to the Designated Subrecipient, per the requirements on pass-through entities under 2 C.F.R. parts 200 et seq. and 1201 et seq., including 2 C.F.R. 200.331–200.333 and 23 U.S.C. 106(g)(4) where applicable; and
WHEREAS, for the purpose of 23 U.S.C. 106(g), the Recipient shall act as if funds under this award are Federal funds under title 23, United States Code; and WHEREAS, on or about 03/18/2016, the Parties entered into an Administering Agency - State Agreement for Federal-Aid Projects agreement (Master Agreement); and 28 747
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 3 | 30
WHEREAS, the Parties, will concurrently enter into this Agreement, which defines specific project responsibilities between the Designated Subrecipient and the Recipient for Project and include specific project responsibilities to USDOT that are necessary for the development and timely delivery of the Project; and
WHEREAS, this Agreement further establishes oversight and delegation of responsibilities between the Recipient and the Designated Subrecipient, outlined in this Agreement, the Master Agreement, and as allowed per Article 3.7(2) of the NAE Terms and Conditions.

The Parties therefore agree to the following:

AGREEMENT ARTICLE I. PURPOSE
Section 1.01 Purpose.
(a) The purpose of this award is to fund an eligible project that improves walkability, safety, and affordable transportation access through context-sensitive strategies; addresses an existing eligible facility that create barriers to community connectivity or negative impacts on the human or natural environment, especially in disadvantaged or underserved communities; conducts planning and capacity building activities in disadvantaged or underserved communities; or conducts technical assistance to units of local government to facilitate efficient and effective contracting, design, and project delivery and to build capacity for delivering surface transportation projects. The parties will accomplish this purpose by achieving the following objectives:
1) timely completing the Project; and
2) ensuring the award funds provided under this Agreement are not used as a substitute for non-Federal investment in the Project, except as proposed in the Technical Application, and as modified by schedule D.
(b) In this section, the term “facility,” is used as defined at 23 U.S.C. 177(c).

ARTICLE II. USDOT AND RECIPIENT ROLES
Section 2.01 Division of USDOT Responsibilities.
(a) The Office of the Secretary of Transportation is responsible for the USDOT’s overall administration of this Grant Program, the approval and execution of the USDOT Agreement, and any modifications to the Recipient Agreement under section 15.1 of the USDOT Agreement.
(b) The Federal Highway Administration (the “FHWA”) will administer the Recipient Agreement on behalf of the USDOT. The “Administering Operating Administration” means the FHWA.
(c) The Recipient is responsible for the approval of this agreement and any modifications to this agreement under section 15.01.

Section 2.02 USDOT Program Contacts
If the Capital-Planning Designation in section 1 of schedule F is “Planning”:
29 748
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 4 | 30
FHWA NAE Program Manager—Planning Grants
Kenneth Petty
Federal Highway Administration
Office of Planning, Environment, and Realty
1200 New Jersey Avenue SE
Room E72-330
Washington, DC 20590
(202) 366-6654
[email protected]
If the Capital-Planning Designation in section 1 of schedule F is “Capital Construction”:

FHWA NAE Program Manager—Capital Construction Grants
Karen Perritt
Federal Highway Administration
Office of Planning, Environment, and Realty
1200 New Jersey Avenue SE
Room E76-326
Washington, DC 20590
(202) 366-9482
[email protected]
And for all awards:

OST RCN Program Manager
United States Department of Transportation
Office of Infrastructure Deployment (OST P-40)
1200 New Jersey Avenue SE
Washington, DC 20590
[email protected]
Section 2.03 USDOT Program Contacts
(a) The Recipient is the pass-through entity for purposes of payment of the federal funds to the Designated Subrecipient per the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333 and 23 U.S.C. 106(g)(4) where applicable.

Article III. DESIGNATED SUBRECIPIENT ROLE
Section 3.01 Statements on the Project.
(a) The Designated Subrecipient states that:
30 749
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 5 | 30
1) all material statements of fact in the Technical Application were accurate when that application was submitted; and
2) schedule E documents all material changes in the information contained in that application.

Section 3.02 Statements on Authority and Capacity.
(a) The Designated Subrecipient 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;
3) it has the capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement;
4) not less than the difference between the total eligible project costs listed in section 3 of schedule D of the USDOT Agreement and the Neighborhood Access and Equity (NAE) Program Grant Amount listed in section 1 of schedule D is committed to fund the Project;
5) it has sufficient funds available 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 Designated Subrecipient has authority to enter this agreement and make the statements in this article 3 and in section 21.07 on behalf of the Designated Subrecipient .

Section 3.03 USDOT and Recipient Reliance.
(a) The Designated Subrecipient acknowledges that:
1) the USDOT and the Recipient relied on statements of fact in the Technical Application to select the Project to receive this award;
2) the USDOT and the Recipient relied on statements of fact in both the Technical Application and this agreement to determine that the Designated Subrecipient and the Project are eligible under the terms of the NOFO;
3) the USDOT relied on statements of fact in the Technical Application and the USDOT Application to establish the terms of the USDOT agreement; and 4) the Recipient relied on statements of fact in both the Technical Application and the USDOT Agreement to establish the terms of this agreement; and 5) the USDOT selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants.

Section 3.04 Project Delivery.
(a) The Designated Subrecipient shall complete the Project under the terms of this agreement.
(b) The Designated Subrecipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all Federal laws, regulations, and policies that are applicable to projects of the Administering Operating Administration and the Recipient.

Section 3.05 Rights and Powers Affecting the Project.
31 750
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 6 | 30
(a) The Designated Subrecipient shall not take or permit any action that deprive it or the Recipient of any rights or powers necessary to their performance under the USDOT Agreement and under this Agreement, without written approval of the Recipient and the USDOT.
(b) The Designated Subrecipient shall act promptly, in a manner acceptable to the USDOT and the Recipient, to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Designated Subrecipient’s performance under the USDOT Agreement and to the Designated Subrecipient’s performance under this agreement.

Section 3.06 Notification of Changes to Key Personnel.
(a) The Designated Subrecipient shall notify all USDOT and all Recipient representatives who are identified in section 5 of schedule A in writing within 30 calendar days of any change in key personnel who are identified in section 4 of schedule A.

Section 3.07 Subaward to Designated Subrecipient.
(a) Section 9 of schedule A of the USDOT Agreement identifies a Designated Subrecipient, therefore:
1) the Recipient hereby awards a subaward to the Designated Subrecipient for the purpose described in section 1.01;
2) the Recipient and the Designated Subrecipient entered into this agreement, separate from the USDOT Agreement and to which the USDOT is not a party, which assigns responsibilities, including administrative and oversight responsibilities, among the Recipient and the Designated Subrecipient; and
3) for the purpose of 2 C.F.R. parts 200 and 1201, the Recipient is a pass-through entity.

Section 3.08 Designated Subrecipient Statements and Responsibilities. (a) Section 9 of schedule A in the USDOT Agreement identifies a Designated Subrecipient.

The Designated Subrecipient:
1) affirms all statements and acknowledgments that are attributed to the Recipient under sections 3.1 and 3.2 of the USDOT Agreement; and
2) shall assume the Recipient's reporting obligations under articles 7 and 8 of the NAE Terms and Conditions.

Article IV. AWARD AMOUNT, OBLIGATION, AND TIME PERIODS
Section 4.01 Federal Award Amount.
(a) The USDOT awarded a Neighborhood Access and Equity (NAE) Grant to the Recipient in the amount listed in section 1 of schedule D of the USDOT Agreement as the NAE Program Grant Amount.
(b) The Recipient hereby subawards an NAE grant to the Designated Subrecipient in the amount listed in 1 of schedule D of the USDOT Agreement as the NAE Program subaward Grant Amount.

Section 4.02 Federal Funding Source
(a) If section 4 of schedule F identifies the Funding Source as “General Fund,” then the NAE Grant is from the NAE Program funding that was made available in fiscal year 2022 to be 32 751
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 7 | 30
available until September 30, 2026, to be available until September 30, 2026, at IRA, tit.

VI, subt. E § 60501.

Section 4.03 Federal Obligations.
(a) If the Federal Obligation Type identified in section 2 of schedule D is “Single,” then:
1) this agreement apportions for the budget period the amount listed in section 1 of schedule D as the NAE Grant Amount and sections 4.3(c)–4.3(h) do not apply to this agreement;
2) the Designated Subrecipient shall submit a Request for Authorization to the Recipient, per the process and procedures detailed in the Local Assistance Procedures Manual (LAPM) for the amount of funding and the phase of work specified in Schedule D of the USDOT Agreement; and
3) the federal reimbursable work on Project shall not begin, until the Designated Subrecipient requests and receives FHWA authorization approval via an “E76” document, that shows the appropriate amount of federal funds have been authorized by FHWA to the appropriate phase of work, as detailed in Schedule D of the USDOT Agreement.
(b) If the Federal Obligation Type identified in section 2 of schedule D is “Multiple,” then:
1) an amount up to the NAE Grant Amount listed in section 1 of schedule D will be obligated with one initial authorization and one or more subsequent, optional authorizations, as described in sections 4.3(c)–4.3(h). 2) the Designated Subrecipient shall submit a Request for Authorization to the Recipient, for the amount of funding and phase of work specified in Schedule D of the USDOT Agreement, per the process and procedures detailed in the Local Assistance Procedures Manual (LAPM). The Request for Authorization submitted by the Designated Subrecipient to the Recipient shall not exceed the amount obligated to the project by FHWA and Section 4.03(a) of shall not apply to this Agreement. 3) the NAE federal reimbursable work on any Project phase of work shall not begin, until the Designated Subrecipient requests and receives FHWA authorization approval via an “E76” document, that shows the appropriate amount of federal funds have been authorized by FHWA to the appropriate phase of work, as detailed in Schedule D of the USDOT Agreement.
(c) The Obligation Condition Table in section 2 of schedule D of the USDOT Agreement allocates the NAE 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 of schedule B of the USDOT Agreement. (d) The USDOT Agreement apportions for the budget period only the amounts allocated in the Obligation Condition Table in section 2 of schedule D to portions of the Project for which that table does not list an obligation condition.
(e) The USDOT Agreement does not apportion amounts allocated in the Obligation Condition Table in section 2 of schedule D to portions of the Project for which that table lists an obligation condition. The parties may obligate the amounts allocated to those 33 752
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 8 | 30
portions of the Project only as described in sections 4.03(f) and 4.03(g), or by modifying this agreement under article 15.
(f) For each portion of the Project for which the Obligation Condition Table in section 2 of schedule D lists an obligation condition, the amount allocated in that table to that portion of the Project is apportioned and may be authorized by the Designated Subrecipient if the parties execute an instrument, in the form provided in Exhibit D, documenting that:
1) the USDOT and Recipient determine that the obligation condition listed in that table for that portion of the Project is satisfied;
2) the USDOT and Recipient determine that all applicable Federal requirements for obligating the amount are satisfied; and
3) the Designated Subrecipient states that it is not required to request a modification of the USDOT Agreement under article 5 of this Agreement.
(g) The Designated Subrecipient shall not request reimbursement of costs for a portion of the Project for which the Obligation Condition Table in section 2 of schedule D lists an obligation condition, unless the amount allocated in that table to that portion of the Project is apportioned under section 4.03(f) and authorized by the FHWA. (h) The Designated Subrecipient acknowledges that the USDOT and the Recipient are not liable for payments for a portion of the Project for which the Obligation Condition Table in section 2 of schedule D lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 4.03(f).

Section 4.04 Budget Period.
(a) 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 1 of schedule C. In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1.

Section 4.05 Period of Performance.
(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS,” then the period of performance for this award begins on the date of this agreement and ends on project end date in FMIS.
(b) Reserved.
(c) In this Agreement, “period of performance” is used as defined at 2 C.F.R. 200.1.

Article V. STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES Section 5.01 Notification Requirement.
(a) The Designated Subrecipient shall notify all USDOT representatives who are identified in section 5 of schedule A and all Recipient representatives in section 3 of schedule A in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Designated Subrecipient’s plan to complete the Project. (b) In the notification under section 5.01(a), the Designated Subrecipient shall describe the change and what actions the Designated Subrecipient has taken or plans to take to ensure completion of the Project.
34 753
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 9 | 30
(c) This notification requirement under this section 5.01 is separate from any requirements under this article 5 that the Designated Subrecipient request modification of this agreement.

Section 5.02 Scope and Statement of Work Changes.
(a) If the Project’s activities differ from the activities described in schedule B of the USDOT Agreement, then the Designated Subrecipient shall request a modification of the USDOT Agreement to update schedule B.

Section 5.03 Schedule Changes.
(a) If one or more of the following conditions are satisfied, then the Designated Subrecipient shall request a modification of this agreement to update schedule C:
1) a completion date for the Project or a component of the Project is listed in section 2, schedule C of the USDOT Agreement and the Designated Subrecipient’s estimate for that milestone changes to a date that is more than six months after the date listed in section 2 of schedule C of the USDOT Agreement; or
2) a schedule change would require the budget period to continue after the budget period end date listed in section 1 of schedule C of the USDOT Agreement. (b) For other schedule changes, the Designated Subrecipient shall follow the applicable procedures of the Administering Operating Administration and the Recipient, and document the changes in writing.

Section 5.04 Budget Changes.
(a) The Designated Subrecipient acknowledges that if the cost of completing the Project increases:
1) that increase does not affect the Designated Subrecipient’s obligation under this agreement to complete the Project; and
2) the USDOT and the Recipient will not increase the amount of this award to address any funding shortfall.
(b) The Designated Subrecipient shall request a modification of the USDOT Agreement to update schedule D if, in comparing the Project’s budget to the amounts listed in section 3 of schedule D of the USDOT Agreement:
1) the total “Non-Federal Funds” amount decreases; or
2) the total eligible project costs amount decreases.
(c) For budget changes that are not identified in section 5.04(b), the Designated Subrecipient shall follow the applicable procedures of the Administering Operating Administration and the Recipient, and document the changes in writing. (d) If there are Project Cost Savings, then the Designated Subrecipient may propose to the USDOT and the Recipient, in writing consistent with the Administering Operating Administration’s and the Recipient's requirements, to include in the Project, specific additional activities that are within the scope of this award, as defined in section 1.01 of this Agreement and schedule B of the USDOT Agreement, and that the Designated Subrecipient could complete with the Project Cost Savings. In this agreement, “Project Cost Savings” means the difference between the actual eligible project costs and the total eligible project costs that are listed in section 3 of schedule D of the USDOT 35 754
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 10 | 30
Agreement, but only if the actual eligible project costs are less than the total eligible project costs that are listed in section 3 of schedule D. There are no Project Cost Savings if the actual eligible project costs are equal to or greater than the total eligible project costs that are listed in section 3 of schedule D of the USDOT Agreement. (e) If there are Project Cost Savings and either the Designated Subrecipient does not make a proposal under section 5.04(d) of this Agreement, or the Recipient does not accept the proposal under section 5.04(d) of this Agreement, or the USDOT does not accept the Designated Subrecipient’s proposal under section 5.4(d) of the USDOT Agreement then:
1) in a request under section 5.04(b), the Designated Subrecipient shall reduce the Federal Share by the Project Cost Savings; and
2) if that modification reduces this award and the USDOT or Recipient had reimbursed costs exceeding the revised award, the Designated Subrecipient shall refund to the USDOT and Recipient the difference between the reimbursed costs and the revised award. In this agreement, “Federal Share” means the sum of the total “NAE Funds” and “Other Federal Funds” amounts that are listed in section 3 of schedule D of the USDOT Agreement.
(f) The Designated Subrecipient acknowledges that amounts that are required to be refunded under section 5.4(e)(2) constitute a debt to the Federal Government that the USDOT and Recipient may collect under 2 C.F.R. 200.346 and the Standards for Administrative Collection of Claims (31 C.F.R. part 901).

Section 5.05 USDOT and Recipient Acceptance of Changes. (a) The USDOT may accept or reject modifications requested under this article 5, and in doing so may elect to consider only the interests of the RCN Program and the USDOT. (b) The Recipient may accept or reject modifications requested under this article 5, and in doing so may elect to consider only the interests of the RCN Program and the Recipient.

Section 5.06 Designated Subrecipient acknowledgement
(a) The Designated Subrecipient acknowledges that requesting a modification under this article 5 does not amend, modify, or supplement this agreement unless the Recipient accepts that modification request and the parties modify this agreement under section

15.01 of this Agreement.
(b) The Designated Subrecipient acknowledges that requesting a modification under this article 5 does not amend, modify, or supplement the USDOT Agreement unless the USDOT and Recipient both accept that modification request and the parties modify the USDOT Agreement under section 15.1 of the USDOT Agreement.

Article VI. GENERAL REPORTING TERMS
Section 6.01 Report Submission.
(a) The Designated Subrecipient shall send all reports required by this agreement to all USDOT contacts who are listed in section 5 of schedule A of the USDOT Agreement, all USDOT contacts who are listed in section 2.02 of this Agreement, and all Recipient Contacts listed in Section 3 of schedule A of the USDOT Agreement.

Section 6.02 Alternative Reporting Methods.
36 755
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 11 | 30
(a) The Administering Operating Administration and Recipient may establish processes for the Designated Subrecipient to submit reports required by this agreement, including electronic submission processes.
(b) If the Designated Subrecipient is notified of those processes in writing, the Designated Subrecipient shall use the processes required by the Administering Operating Administration and the Recipient.

Section 6.03 Paperwork Reduction Act Information.
(a) Under 5 C.F.R. 1320.6, the Designated Subrecipient 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”).
(b) Notwithstanding any other term of this agreement, the due date for any information collections required under this agreement, including the reporting requirements in articles 7 and 8, is the later of (1) the due date stated with the requirement and (2) the 30th day after OMB approves that information collection.

Article VII. PROGRESS AND FINANCIAL REPORTING
Section 7.01 Quarterly Project Progress Reports and Recertifications. (a) On or before the 20th day of the first month of each calendar year quarter and until the end of the period of performance, the Designated Subrecipient shall submit to the USDOT and the Recipient a Quarterly Project Progress Report and Recertification in the format and with the content described in exhibit C.
(b) If the date of this agreement is in the final month of a calendar year quarter, then the Designated Subrecipient shall submit the first Quarterly Project Progress Report and Recertification in the second calendar year quarter that begins after the date of this agreement.

Section 7.02 Final Progress Reports and Financial Information. (a) No later than 120 days after the end of the period of performance, the Designated Subrecipient shall submit:
1) a Final Project Progress Report and Recertification in the format and with the content described in exhibit C for each Quarterly Project Progress Report and Recertification, including a final Federal Financial Report (SF-425); and 2) any other information required under the Administering Operating Administration’s and the Recipient's award closeout procedures.

Article VIII. PERFORMANCE REPORTING
Section 8.01 Baseline Performance Measurement.
(a) If the Capital-Planning Designation in schedule F of the USDOT Agreement is “Capital” or "Capital Construction" then:
1) before the start of construction on the Project, but not earlier than one year before the start of construction on the Project, the Designated Subrecipient shall collect baseline data for each performance measure that is enumerated in schedule G of the USDOT Agreement; and
2) not later than January 31 of the calendar year that begins after the Designated Subrecipient collects baseline data under section 8.01(a) of this Agreement, the 37 756
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 12 | 30
Designated Subrecipient shall submit a Baseline Performance Measurement Report containing the data collected under section 8.01(a), stating the dates when the data was collected, and describing, in detail, the data sources, assumptions, variability, and estimated levels of precision for each performance measure that is enumerated in schedule G of the USDOT Agreement.

Section 8.02 Post-construction Performance Measurement. (a) If the Capital-Planning Designation in schedule F of the USDOT Agreement is "Capital" or "Capital Construction" then:
1) for each performance measure that is enumerated in schedule G and has a quarterly measurement frequency, for each of 19 consecutive calendar quarters, beginning with the first calendar quarter that begins after the Project substantial completion date, at least once during the quarter, the Recipient shall collect data for that performance measure; and
2) for each performance measure that is enumerated in schedule G of the USDOT Agreement and has an annual measurement frequency, the Designated Subrecipient shall collect data for that performance measure on at least five separate occasions:
i) once during the three consecutive calendar quarters that begin after the Project substantial completion date;
ii) once during the fourth calendar quarter after the first collection; iii) once during the eighth calendar quarter after the first collection; iv) once during the twelfth calendar quarter after the first collection; and v) once during the sixteenth calendar quarter after the first collection. (b) Not later than January 31 of each year that follows a calendar year during which data was collected under section 8.02(a) of this Agreement, the Designated Subrecipient shall submit to the USDOT and the Recipient a Post-construction Performance Measurement Report containing the data collected under section 8.02(a) of this Agreement in the previous calendar year and stating the dates when the data was collected. (c) If an external factor significantly affects the value of a performance measure collected under section 8.02(a) of this Agreement, then the Designated Subrecipient shall identify that external factor in the Post-construction Performance Measurement Report described in section 8.02(b) of this Agreement and discuss the external factor’s influence on the performance measure.

Section 8.03 Project Outcomes Report.
(a) If the Capital-Planning Designation in section 1 of schedule F of the USDOT Agreement is “Capital Construction,” then the Designated Subrecipient shall submit to the USDOT, not later than January 31 of the year that follows the final calendar year during which data was collected under section 8.02(a) of this Agreement, a Project Outcomes Report that contains:
1) an analysis of the impacts of the project, including a comparison of the baseline performance measurement data collected under section 8.01 of this Agreement with the post-construction performance measurement data that the Designated 38 757
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 13 | 30
Subrecipient reported in the final Post-construction Performance Measurement Report required under section 8.02(b) of this Agreement; 2) for each performance measure that is enumerated in schedule G of the USDOT Agreement, an analysis of the accuracy of the projected outcome listed in schedule G of the USDOT Agreement; and
3) all data collected under sections 8.01 and 8.02(a) of this Agreement.

Section 8.04 General Performance Measurement Requirements. (a) For each performance measure that is enumerated in schedule G of the USDOT Agreement, the Designated Subrecipient shall ensure that all data collections under article 8 of this Agreement are completed in a manner consistent with the description, location, and other attributes associated with that performance measure in schedule G of the USDOT Agreement.

Section 8.05 Outcome Measurement and Reporting Survival. (a) The data collection and reporting requirements in article 8 of this Agreement survive the termination of this agreement.

Article IX. Noncompliance and Remedies
Section 9.01 Noncompliance Determinations.
(a) If the USDOT or the Recipient determine that the Designated Subrecipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this Agreement, the USDOT or the Recipient may notify the Designated Subrecipient of a proposed determination of noncompliance. For that notice to be effective, it must be written and the USDOT or the Recipient 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 Designated Subrecipient may respond to the notice.
(b) If the USDOT or Recipient notifies the Designated Subrecipient of a proposed determination of noncompliance under section 9.01(a) of this Agreement, the Designated Subrecipient 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 Designated Subrecipient may:
1) accept the remedy;
2) acknowledge the noncompliance, but propose an alternative remedy; or 3) dispute the noncompliance. To dispute the noncompliance, the Designated Subrecipient must include in its response documentation or other information supporting the Designated Subrecipient’s compliance.
(c) The USDOT or the Recipient may make a final determination of noncompliance only:
1) after considering the Designated Subrecipient’s response under section 9.01(b); or 2) if the Designated Subrecipient fails to respond under section 9.01(b), after the time for that response has passed.
39 758
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 14 | 30
(d) To make a final determination of noncompliance, the USDOT or the Recipient must provide to the Designated Subrecipient a notice that states the basis for that determination.

Section 9.02 Remedies.
(a) If the USDOT or the Recipient makes a final determination of noncompliance under section 9.01, the USDOT or the Recipient may impose a remedy, including:
1) adding conditions or modifying existing 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 Designated Subrecipient to the USDOT via the Recipient; 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 or Recipient must provide to the Designated Subrecipient a written notice that describes the remedy, but the USDOT or Recipient may make the remedy effective before the Designated Subrecipient receives that notice.
(c) If the USDOT or Recipient determine that it is in the public interest, the USDOT or Recipient may impose a remedy, including all remedies described in section 9.02(a) of this Agreement, before making a final determination of noncompliance under section

9.01 of this Agreement. If USDOT or Recipient do so, then the notice provided under section 9.01(d) must also state whether the remedy imposed will continue, be rescinded, or modified.
(d) In imposing a remedy under this section 9.02 or making a public interest determination under section 9.02(c), the USDOT or the Recipient may elect to consider the interests of only the USDOT or the Recipient, respectively.
(e) The Designated Subrecipient acknowledges that amounts that the USDOT or Recipient require the Designated Subrecipient to refund to the USDOT or Recipient, due to a remedy under this section 9.02 constitute a debt to the Federal Government that the USDOT and Recipient may collect under 2 C.F.R. 200.346 and the Standards for Administrative Collection of Claims (31 C.F.R. part 901).

Section 9.03 Other Oversight Entities.
(a) Nothing in this article 9 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 X. AGREEMENT TERMINATION
Section 10.01 Recipient Termination.
(a) The Recipient may terminate this agreement and all of its obligations under this agreement if any of the following occurs:
1) the Designated Subrecipient fails to timely obtain or timely provide any non-NAE Grant contribution or alternatives approved by the USDOT and the Recipient as provided in this agreement and consistent with schedule D of the USDOT Agreement; 40 759
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 15 | 30
2) a completion date for the Project or a component of the Project is listed in section 2 of schedule C and the Designated Subrecipient fails to meet that milestone by six months after the date listed in section 2 of schedule C; 3) the Designated Subrecipient fails to meet a milestone listed in section 3 of schedule C by the deadline date listed in that section for that milestone; 4) the Designated Subrecipient fails to comply with the terms and conditions of this Agreement, including a material failure to comply with the project schedule in schedule C even if it is beyond the reasonable control of the Designated Subrecipient; 5) circumstances cause changes to the Project that the USDOT or Recipient determines are inconsistent with the USDOT's basis for selecting the Project to receive a NAE Grant; or
6) the USDOT or Recipient determines that termination of this agreement is in the public interest.
(b) In terminating this agreement under this section, the Recipient may elect to consider only the interests of the Recipient.
(c) This section 10.01 does not limit the Recipient’s ability to terminate this agreement as a remedy under section 9.02.
(d) The Designated Subrecipient may request that the Recipient terminate the agreement under this section 10.01.

Section 10.02 Closeout Termination.
(a) This Agreement terminates on Project Closeout.
(b) In this Agreement, “Project Closeout” means the date that the USDOT informs 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.

Section 10.03 Post-Termination Adjustments.
(a) The Designated Subrecipient acknowledges that under 2 C.F.R. 200.345–200.346, termination of the agreement does not extinguish the USDOT's or Recipient's authority to disallow costs, including costs that the USDOT or Recipient reimbursed before termination, and recover funds from the Designated Subrecipient.

Section 10.04 Non-Terminating Events.
(a) The end of the budget period described under section 4.04 does not terminate this Agreement or the Designated Subrecipient’s obligations under this Agreement. (b) The end of the period of performance described under section 4.05 does not terminate this Agreement or the Designated Subrecipient’s obligations under this Agreement. (c) The cancellation of funds under section 14.02 does not terminate this agreement or the Designated Subrecipient’s obligations under this agreement.

Section 10.05 Other Remedies.
(a) The termination authority under this article 10 supplements and does not limit the USDOT's and Recipient's remedial authority under article 9 or 2 C.F.R. part 200, including 2 C.F.R. 200.339–200.340.

Article XI. MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS Section 11.01 Recipient Monitoring and Record Retention. 41 760
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 16 | 30
(a) The Designated Subrecipient 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 Designated Subrecipient makes a subaward under this award, the Designated Subrecipient shall monitor the activities of the subrecipient in compliance with 2 C.F.R. 200.332(e).
(c) The Designated Subrecipient shall retain records relevant to the award as required under 2 C.F.R. 200.334.

Section 11.02 Financial Records and Audits.
(a) The Designated Subrecipient shall keep all project accounts and records that fully disclose the amount and disposition by the Designated Subrecipient 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 Designated Subrecipient shall keep accounts and records described under section

11.02(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 200.302–200.307, 2 C.F.R. 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 Designated Subrecipient shall separately identify expenditures under the fiscal year 2023 NAE Program in financial records required for audits under 31 U.S.C. 7501–7506.

Specifically, the Designated Subrecipient shall:
1) list expenditures under that program separately on the schedule of expenditures of Federal awards required under 2 C.F.R. 200 subpart F, including “FY 2023” 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 2023” in column c (“Additional Award Identification”).

Section 11.03 Internal Controls.
(a) The Designated Subrecipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303.

Section 11.04 USDOT Record Access.
(a) The USDOT and the Recipient may access Designated Subrecipient records related to this award under 2 C.F.R. 200.337.

Section 11.05 Oversight Responsibilities.
(a) This award is subject to the oversight requirements of title 23, United States Code.

Article XII. CONTRACTING AND SUBAWARDS
Section 12.01 Minimum Wage Rates.
(a) The Designated Subrecipient shall include, in all contracts in excess of $2,000 for work on the Project that involves labor, provisions establishing minimum rates of wages, to be predetermined by the United States Secretary of Labor, in accordance with 23 U.S.C. 42 761
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 17 | 30
113, that contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.

Section 12.02 Buy America.
(a) Steel, Iron, and Manufactured Products.
1) Steel, iron, and manufactured products used in the Project are subject to 23 U.S.C. 313, as implemented by the Federal Highway Administration. 2) The Designated Subrecipient acknowledges that this agreement is neither a waiver of 23 U.S.C. 313(a) nor a finding under 23 U.S.C. 313(b).
(b) Construction Materials.
1) Construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtit. A, 135 Stat. 429, 1298 (2021), as implemented by OMB, USDOT, and FHWA.
2) 2) The Designated Subrecipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).
(c) Buy America Preference.
1) Under 2 C.F.R. 200.322, as appropriate and to the extent consistent with law, the Designated Subrecipient 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 (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
2) The Designated Subrecipient 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.

Section 12.03 Small and Disadvantaged Business Requirements. (a) If any funds under this award are administered by or through a State Department of Transportation, the Designated Subrecipient shall expend those funds in compliance with the requirements at 49 C.F.R. part 26 (“Participation by disadvantaged business enterprises in Department of Transportation financial assistance programs”). (b) If any funds under this award are not administered by or through a State Department of Transportation, the Designated Subrecipient shall expend those funds in compliance with the requirements at 2 C.F.R. 200.321 (“Contracting with small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms”).

Section 12.04 Engineering and Design Services.
(a) As applicable, the Designated Subrecipient shall award each contract or sub-contract 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 the Brooks Act, 40 U.S.C. 1101-1104 as implemented in 23 U.S.C. 112(b)(2), or an equivalent qualifications-based 43 762
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 18 | 30
requirement prescribed for or by the Designated Subrecipient and approved in writing by the USDOT.

Section 12.05 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.
(a) The Designated Subrecipient acknowledges that Section 889 of Pub. L. No. 115-232 and 2 C.F.R. 200.216 prohibit the Designated Subrecipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award.

Section 12.06 Pass-through Entity Responsibilities.
(a) If the Designated Subrecipient makes a subaward under this award, the Designated Subrecipient 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.

Section 12.07 Subaward and Contract Authorization.
(a) If the USDOT Office for Subaward and Contract Authorization identified in section 7 schedule A is “FHWA Division,” then the Designated Subrecipient shall comply with subaward and contract authorization requirements under 23 C.F.R chapter I. (b) If the USDOT Office for Subaward and Contract Authorization identified in section 7 of schedule A is “FHWA Office of Acquisition and Grants Management,” then the Designated Subrecipient shall obtain prior written approval from the USDOT agreement officer pursuant to 2 C.F.R. 200.308, 2 C.F.R. 200.333, and 23 C.F.R. part 172, as applicable, and provide a copy of this written approval to the Recipient, for the subaward or contracting out of any work under this agreement. Unless otherwise specified in writing by the agreement officer, approvals under 2 C.F.R. 200.308 will be contingent upon a fair and reasonable price determination on the part of the Designated Subrecipient and the agreement officer’s concurrence on that determination. Approvals under 2 CFR 200.308(f)(6) do not apply to the acquisition of supplies, material, equipment, or general support services.

Article XIII. COSTS, PAYMENTS, AND UNEXPENDED FUNDS
Section 13.01 Limitation of Federal Award Amount.
(a) Under this award, the USDOT and Recipient shall not provide funding greater than the amount obligated under section 4.03.
(b) The Designated Subrecipient acknowledges that the USDOT and the Recipient is not liable for payments exceeding that amount, and the Designated Subrecipient shall not request reimbursement of costs exceeding that amount.

Section 13.02 Projects Costs.
(a) This award is subject to the cost principles at 2 C.F.R. 200 subpart E, including provisions on determining allocable costs and determining allowable costs.

Section 13.03 Timing of Project Costs.
(a) The Designated Subrecipient shall not charge to this award costs that are incurred after the budget period.
(b) The Designated Subrecipient shall not charge to this award costs that were incurred before the date of this agreement unless those costs are identified in section 5 of 44 763
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 19 | 30
schedule D and would have been allowable if incurred during the budget period. This limitation applies to costs incurred under an advance construction authorization (23 U.S.C. 115), costs incurred prior to authorization (23 C.F.R. 1.9(b)), and pre-award costs under 2 C.F.R. 200.458.
(c) This agreement hereby terminates and supersedes any previous USDOT and Recipient approval for the Designated Subrecipient to incur costs under this award for the Project. (d) Section 5 of schedule D is the exclusive USDOT approval of costs incurred before the date of this agreement.

Section 13.04 Designated Subrecipient Recovery of Federal Funds. (a) The Designated Subrecipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT or Recipient determine, after consultation with the Designated Subrecipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award.
(b) The Designated Subrecipient 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 and Recipient.

Section 13.05 Unexpended Federal Funds.
(a) Any Federal funds that are awarded at section 4.01 but not expended on allocable, allowable costs remain the property of the United States.

Section 13.06 Timing of Payments to the Recipient.
(a) Reimbursement is the payment method for the NAE program. (b) The Designated Subrecipient shall not request reimbursement of a cost before the Designated Subrecipient has entered into an obligation for that cost.

Section 13.07 Payment Method.
(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS,” then the Designated Subrecipient shall follow FMIS procedures to request and receive reimbursement payments under this award.

Article XIV. LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY Section 14.01 Liquidation of Recipient Obligations.
(a) The Designated Subrecipient shall liquidate all obligations of award funds under this agreement not later than 120 days after the end of the period of performance. (b) Liquidation of obligations and adjustment of costs under this Agreement follow the requirements of 2 C.F.R. 200.344–200.346.

Section 14.02 Funds Cancellation.
(a) NAE Program funding that is obligated for this award under section 4.03 remains available until expended.

Article XV. AGREEMENT MODIFICATIONS
Section 15.01 Bilateral Modifications.
(a) The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the Recipient and the Designated Subrecipient. Either party may 45 764
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 20 | 30
request to amend, modify, or supplement this agreement by written notice to the other party.
(b) The USDOT Agreement may be amended, modified, or supplemented by mutual agreement in writing, signed by the FHWA and the Recipient. The Designated Subrecipient may request to amend, modify, or supplement the USDOT Agreement by written notice to the FHWA and the Recipient.

Section 15.02 Contact Modifications.
(a) The Recipient may update the contacts who are listed in section 3 of schedule A by written notice to the USDOT contacts who are listed in section 5 of schedule A, the USDOT contacts who are listed in section 2.02, and the Designated Subrecipient contacts in section 9 of the USDOT Agreement.
(b) The USDOT may update the contacts who are listed in section 5 of schedule A and section 2.02 by written notice to all of the Recipient contacts who are listed in section 3 of schedule A.
(c) The Designated Subrecipient may update the contacts who are listed in section 9 of schedule A by written notice to the Recipient and USDOT.

Section 15.03 Provisions that Conflict with Federal law. (a) If any provision of this Agreement conflicts with Federal law including the Program Statute, then the Federal law prevails.
(b) Either party may notify the other party upon discovery that a provision conflicts with Federal law and the parties may agree to amend this Agreement in accordance with section 20.01.
(c) Either party must provide written notice to the other party when it acts or refuses to act where its action or inaction conflicts with a provision of this Agreement but complies with Federal law.

Section 15.04 Other Modifications.
(a) The parties shall not amend, modify, or supplement the USDOT Agreement or this Agreement except as permitted under sections 15.01, 15.02, or 15.03. (b) If an amendment, modification, or supplement is not permitted under sections 15.01,

15.02, or 15.03, it is void.

Article XVI. CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE
Section 16.01 Climate Change and Environmental Justice. (a) Consistent with Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad” (Jan. 27, 2021), schedule H documents the consideration of climate change and environmental justice impacts of the Project.

Article XVII. RACIAL EQUITY AND BARRIERS TO OPPORTUNITY Section 17.01 Racial Equity and Barriers to Opportunity. (a) Consistent with Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” (Jan. 20, 2021), schedule I documents activities related to the Project to improve equity and reduce barriers to opportunity.

Section 17.02 Community Engagement Activities.
46 765
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 21 | 30
(a) This provision is applicable to only Capital Construction Grants and Regional Partnership Challenge Grants, not Planning Grants.
(b) The USDOT has determined that, for the purpose of the requirement stated in section F.2.i of the NOFO, through the activities documented in section 3 of schedule I, the Designated Subrecipient has sufficiently considered community engagement related to the Project.

Section 17.03 Activities to Safeguard Affordability.
(a) This provision is applicable to only Capital Construction Grants and Regional Partnership Challenge Grants, not Planning Grants.
(b) The USDOT has determined that, for the purpose of the requirement stated in section F.2.i of the NOFO, through the activities documented in section 4 of schedule I, the Designated Subrecipient has sufficiently considered safeguards to retain affordability for existing residents and businesses in the Project area and surrounding communities.

Article XVIII. LABOR AND WORK
Section 18.01 Labor and Work.
(a) Consistent with Executive Order 14025, “Worker Organizing and Empowerment” (Apr. 26, 2021), and Executive Order 14052, “Implementation of the Infrastructure Investment and Jobs Act” (Nov. 15, 2021), schedule J documents the consideration of job quality and labor rights, standards, and protections related to the Project.

Section 18.02 OFCCP Mega Construction Project Program.
(a) If the total eligible project costs that are listed in section 3 of schedule D are greater than $35,000,000 and the Department of Labor’s Office of Federal Contract Compliance Programs (the “OFCCP”) selects this award for participation in the Mega Construction Project Program, then the Designated Subrecipient shall partner with OFCCP and the Recipient, as requested by OFCCP or the Recipient.

Article XIX. Reserved.

Article XX. CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE Section 20.01 Critical Infrastructure Security and Resilience. (a) Consistent with Presidential Policy Directive 21, “Critical Infrastructure Security and Resilience” (Feb. 12, 2013), and the National Security Presidential Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems (July 28, 2021), the Designated Subrecipient shall consider physical and cyber security and resilience in planning, design, and oversight of the Project.
(b) If the Security Risk Designation in section 5 Schedule F is “Elevated,” then, not later that than two years after the date of this agreement, the Designated Subrecipient shall submit to the USDOT a report that:
1) identifies a cybersecurity Point of Contact for the transportation infrastructure being improved in the Project;
2) summarizes or contains a cybersecurity incident reporting plan for the transportation infrastructure being improved in the Project;
3) summarizes or contains a cybersecurity incident response plan for the transportation infrastructure being improved in the Project;
47 766
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 22 | 30
4) documents the results of a self-assessment of the Designated Subrecipient’s cybersecurity posture and capabilities; and
5) describes any additional actions that the Designated Subrecipient has taken to consider or address cybersecurity risk of the transportation infrastructure being improved in the Project.

Article XXI. FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL POLICY

REQUIREMENTS
Section 21.01 Uniform Administrative Requirements for Federal Awards. (a) The Designated Subrecipient shall comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201.

Section 21.02 Federal Law and Public Policy Requirements. (a) The Designated Subrecipient 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 Designated Subrecipient or activities under this agreement does not make that law inapplicable.

Section 21.03 Federal Freedom of Information Act.
(a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552. (b) The Designated Subrecipient acknowledges that the Technical Application and materials submitted to the USDOT or the Recipient by the Designated Subrecipient related to this agreement may become USDOT records subject to public release under 5 U.S.C. 552.

Section 21.04 History of Performance.
(a) Under 2 C.F.R 200.206, any Federal agency may consider the Designated Subrecipient’s performance under this agreement, when evaluating the risks of making a future Federal financial assistance award to the Designated Subrecipient.

Section 21.05 Whistleblower Protection.
(a) The Designated Subrecipient acknowledges that it is a “grantee” within the scope of 41 U.S.C. 4712, which prohibits the Designated Subrecipient 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 Designated Subrecipient 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.

Section 21.06 External Award Terms and Obligations.
(a) In addition to this document and the contents described in article 27, 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): Award Term for Trafficking in Persons; and 48 767
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 23 | 30
4) Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient Integrity and Performance Matters.
(b) The Designated Subrecipient 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).

Section 21.07 Incorporated Certifications.
(a) The Designated Subrecipient makes the statements in the following certifications, which are incorporated by reference:
1) Appendix A to 49 CFR part 20 (Certification Regarding Lobbying).

Article XXII. ASSIGNMENT
Section 22.01 Assignment Prohibited.
(a) The Designated Subrecipient 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 XXIII. Reserved.

Article XXIV. WAIVER
Section 24.01 Waivers.
(a) A waiver of a term of this Agreement granted by the Recipient will not be effective unless it is in writing and signed by an authorized representative of the Recipient. (b) A waiver of a term of this agreement granted by the Recipient on one occasion will not operate as a waiver on other occasions.
(c) If the Recipient fails to require strict performance of a term of this agreement, fails to exercise a remedy for a breach of this agreement, or fails to reject a payment during a breach of this agreement, that failure does not constitute a waiver of that term or breach.

Article XXV. ADDITIONAL TERMS AND CONDITIONS
Section 25.01 Effect of Economically Disadvantaged Community Designation. (a) If section 2 of schedule F lists “Yes” for the “Economically Disadvantaged Community Designation,” then based on information that the Designated Subrecipient provided to the USDOT, including the Technical Application, the USDOT determined that the Project will benefit an economically disadvantaged community, as defined in section H.1 of the NOFO.

Section 25.02 Disclaimer of Federal Liability.
(a) The USDOT and the Recipient 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.

Section 25.03 Relocation and Real Property Acquisition. 49 768
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 24 | 30
(a) To the greatest extent practicable under State law, the Designated Subrecipient shall comply with the land acquisition policies in 49 C.F.R. 24 subpart B and shall pay or reimburse property owners for necessary expenses as specified in that subpart. (b) The Designated Subrecipient shall provide a relocation assistance program offering the services described in 49 C.F.R. 24 subpart C and shall provide reasonable relocation payments and assistance to displaced persons as required in 49 C.F.R. 24 subparts D–E. (c) The Designated Subrecipient shall make available to displaced persons comparable replacement dwellings in accordance with 49 C.F.R. 24.

Section 25.04 Equipment Disposition.
(a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Designated Subrecipient, or a subrecipient to the Designated Subrecipient, acquires equipment under the Grant Program award, then when that equipment is no longer needed for the Project:
1) if the entity that acquired the equipment is a State, the State, that entity shall dispose of that equipment in accordance with State laws and procedures; and 2) if the entity that acquired the equipment is an Indian Tribe, the Indian Tribe shall dispose of that equipment in accordance with tribal laws and procedures. If such laws and procedures do not exist, Indian Tribes must follow the guidance in 2 C.F.R. 200.313; and
3) if the entity that acquired the equipment is neither a State nor an Indian Tribe, that entity shall request disposition instructions from the Administering Operating Administration and Recipient.
(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. 200.310–200.316 and 2 C.F.R. 1201.313.
(c) The Designated Subrecipient shall ensure compliance with this section 25.04 for all tiers of subawards under this award.

Section 25.05 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, FHWA.
(b) Except as authorized under section 25.05(c), the Designated Subrecipient 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 Designated Subrecipient , the Environmental Review Entity provides the Designated Subrecipient with written notice that the environmental review process is complete. 50 769
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 25 | 30
(c) If the Designated Subrecipient 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 Designated Subrecipient shall comply with 23 C.F.R. 771.113(d)(1). (d) The Designated Subrecipient acknowledges that:
1) the Environmental Review Entity’s actions under section 25.06(a) depend on the Designated Subrecipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and 2) applicable environmental statutes and regulation may require the Designated Subrecipient 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 Designated Subrecipient shall coordinate all environmental investigations, reviews, and consultations as a single process. (f) The activities described in schedule B and other information described in the USDOT Agreement may inform environmental decision-making processes, but the parties do not intend the USDOT Agreement to document the alternatives under consideration under those processes. If a build alternative is selected that does not align with schedule B or other information in this agreement, then:
1) the parties may amend the USDOT Agreement under section 15.01 for consistency with the selected build alternative; or
2) if the USDOT or Recipient determine that the condition at section 10.01(a)(5) in this Agreement is satisfied, the Recipient may terminate the this Agreement under section 10.01(a)(5).
(g) The Designated Subrecipient 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.

Section 25.06 Railroad Coordination.
(a) If section 3 of schedule C includes one or more milestones identified as a “Railroad Coordination Agreement,” then for each of those milestones, the Designated Subrecipient 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.

Article XXVI. MANDATORY AWARD INFORMATION
Section 26.01 Information Contained in a Federal Award. (a) For 2 C.F.R. 200.211:
1) the “Federal Award Date” is the date of this agreement, as defined under section

28.02;
2) the “Assistance Listings Number” is 20.205 and the “Assistance Listings Title” is “Neighborhood Access and Equity (NAE) Discretionary Grant Program”; and 3) this award is not for research and development.

Section 26.02 Federal Award Identification Number.
51 770
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 26 | 30
(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS,” then the Federal Award Identification Number will be generated when the FHWA Division authorizes the project in FMIS. The Recipient acknowledges that it has access to FMIS and can retrieve the FAIN from FMIS for the Designated Subrecipient once generated.

Section 26.03 Recipient’s Unique Entity Identifier.
(a) If the FHWA Payment System identified in schedule A is "FMIS" or “FMIS Current Bill,” then the Recipient’s Unique Entity Identifier, as defined at 2 C.F.R. 25.400, is available in FMIS. The Recipient acknowledges that it has access to FMIS and can retrieve the unique entity identifier from FMIS for the Designated Subrecipient.

Section 26.04 Budget Period.
(a) In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1.

Article XXVII. CONSTRUCTION AND DEFINITIONS
Section 27.01 Schedules.
(a) This agreement includes the following schedules as integral parts Schedule A Administrative Information
Schedule B Project Activities
Schedule C Award Dates and Project Schedule
Schedule D Award and Project Financial Information
Schedule E Changes from Application
Schedule F NAE Program Designations
Schedule G NAE Performance Measurement Information
Schedule H Climate Change and Environmental Justice Impacts Schedule I Racial Equity and Barriers to Opportunity
Schedule J Labor and Work"
Section 27.02 Exhibits.
(a) The following exhibits, which are located in the document titled “U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2023 Reconnecting Communities Pilot Program/Neighborhood Access and Equity Program (RCN): FHWA Projects,” dated April 8, 2024, and available at https://www.transportation.gov/grants/reconnecting-communities/reconnectingcommunities-grant-agreements, 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"
Section 27.03 Construction.
(a) In these General Terms and Conditions:
1) unless expressly specified, a reference to a section or article refers to that section or article in these General Terms and Conditions;
2) a reference to a section or other subdivision of a schedule listed in section 25.1 will expressly identify the relevant schedule; and
52 771
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 27 | 30
3) there are no references to articles or sections in project-specific portions of the agreement that are not contained in schedules listed in section 25.1. (b) If a provision in these General Terms and Conditions or the exhibits conflicts with a provision in the project-specific portion of the agreement, then the project-specific portion of the agreement prevails. If a provision in the exhibits conflicts with a provision in these General Terms and Conditions, then the provision in these General Terms and Conditions prevails.

Section 27.04 Integration.
(a) This agreement constitutes the entire agreement of the parties relating to the NAE Program and awards under that program for the Project and supersedes any previous agreements, oral or written, relating to the NAE Program and awards under that program for the Project.

Section 27.05 Definitions.
(a) In this agreement, the following definitions apply:
“Administering Operating Administration” means the FHWA. “Capital Construction Grant” means this project will remove, retrofit, mitigate, or replace an existing eligible dividing transportation facility with a new facility that reconnects communities; mitigates a burdening transportation facility that is a source of air pollution, noise, stormwater, heat, or other burdens; or implements a strategy to reduce environmental harm and/or improve access through transportation improvements. “Community Planning Grant” means this project will conduct planning activities for future construction projects and allow for innovative community planning to address localized transportation challenges.
“General Terms and Conditions” means this Agreement.
“NAE Grant” refers to an award of funds made available via the Section 60501 of the Inflation Reduction Act (Pub. L. 117-169, August 16, 2022, “Inflation Reduction Act” or IRA).
“Program Statute” means the collective statutory text:
(1) at IRA, tit. VI, subt. E § 60501; and
(2) all other provisions of that act that apply to amounts appropriated under that paragraph.
“Project” means the project proposed in the Technical Application, as modified by the negotiated provisions of the USDOT Agreement.
“NAE Grant” means an award of funds that were made available under the NOFO. 53 772
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 28 | 30
“Regional Partnerships Challenge Grants” means a project led by two or more eligible applicants to address a persistent regional challenge related to equitable access and mobility. Eligible activities for Regional Partnerships Challenge Grants are the same as those listed under Capital Construction and Community Planning Grants but must have a regional focus, and clearly demonstrate regional coordination and leveraging of local, State, and Federal resources and policies. See Section C for further eligibility information.
“Technical Application” means the application identified in section 1 of schedule A of the USDOT Agreement, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov.

Article XXVIII. AGREEMENT EXECUTION AND EFFECTIVE DATE
Section 28.01 Counterparts.
(a) This Agreement may be executed in counterparts, which constitute one document. (b) The parties intend each countersigned original to have identical legal effect.

Section 28.02 Effective Date.
(a) This Agreement will become effective when all parties have signed it and the USDOT Agreement is executed.
(b) The date of this agreement will be the date this agreement is signed by the last party to sign it or the date the USDOT Agreement is executed, whichever is later. (c) This instrument constitutes an NAE Grant when the Recipient and Designated Subrecipient’s authorized representatives sign it and the USDOT Agreement is executed by FHWA.
54 773
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 29 | 30

DESIGNATED SUBRECIPIENT SIGNATURE PAGE
The Designated Subrecipient, intending to be legally bound, is signing this Agreement on the date stated opposite that party’s signature.

SACRAMENTO AREA COUNCIL OF GOVERNMENTS
“DESIGNATED SUBRECIPIENT”
By:

JAMES CORLESS Date
Executive Director
APPROVED AS TO CONTENT:

By:

Garett Ballard-Rosa Date
Green Means Go Project Manager
APPROVED AS TO FORM:

By:

OSMAN MUFTI Date
Legal Counsel to SACOG, Sloan Sakai Yeung & Wong LLP
COUNTERSIGNED:

By:

LORETTA SU Date
Finance Director
55 774
FYs 2023 Neighborhood Access and Equity Grant Program
Recipient - Designated Subrecipient Agreement
SACOG Green Means Go Project
P a g e 30 | 30

RECIPIENT SIGNATURE PAGE
The Recipient, intending to be legally bound, is signing this Agreement on the date stated opposite that party’s signature.

CALIFORNIA DEPARTMENT OF TRANSPORTATION
By:

DEE LAM Date
Chief, Division of Local Assistance
AND
By:

SERGIO ACEVES Date
District Director
56 775
1 of 31
U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2023 NEIGHBORHOOD ACCESS AND EQUITY GRANT PROGRAM This agreement is between the United States Department of Transportation (the “USDOT”) and the California Department of Transportation (the “Recipient”) and the Sacramento Area Council of Governments (the “Subrecipient”).

This agreement reflects the selection of the Recipient to receive a Neighborhood Access and Equity (NAE) Grant for the SACOG Green Means Go: Green Zone Access and Equity Regional Planning Project.

If schedule A to this agreement identifies a Designated Subrecipient, that Designated Subrecipient is also a party to this agreement, and the parties want the Designated Subrecipient to carry out the project with the Recipient’s assistance and oversight.

The parties therefore agree to the following:

ARTICLE 1
GENERAL TERMS AND CONDITIONS.

1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2023 Neighborhood Access and Equity Program: FHWA Projects,” dated October 1, 2024, which is available on the RCN website. The General Terms and Conditions reference the information contained in the schedules to this agreement. The General Terms and Conditions are part of this agreement.
(b) The Recipient states that it has knowledge of the General Terms and Conditions. (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, terminating of the NAE Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT the NAE Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.

ARTICLE 2
SPECIAL TERMS AND CONDITIONS.

There are no special terms for this award.
57 776
2 of 31

SCHEDULE A

ADMINISTRATIVE INFORMATION

1. Application.

Application Title: SACOG Green Means Go: Green Zone Access and Equity Regional Planning Project
Application Date: 09/28/2023

2. Recipient’s Unique Entity Identifier.

UK66CLDX71

3. Recipient Contact(s).

Bomasur Banzon
District Local Assistance Engineer, D3
Division of Local Assistance
703 B Street
Marysville, CA 95901
(530) 682-2984
[email protected]
Anmol Mishra
Discretionary Grants Coordinator
Federal Infrastructure Programs Branch
Division of Local Assistance
P.O. BOX 942874, MS–1
SACRAMENTO, CA 94274–0001
(279) 599-4996
[email protected]
[email protected]
Discretionary Grants Coordinator
Federal Infrastructure Programs Branch
Division of Local Assistance
P.O. BOX 942874, MS–1
SACRAMENTO, CA 94274–0001
58 777
3 of 31

4. Key Personnel.

Name Title or Position
Bomasur Banzon District Local Assistance
Engineer, D3
Anmol Mishra Discretionary Grants
Coordinator
Garett Ballard-Rosa Senior Planner
Greg Chew Senior Planner

5. USDOT Project Contact(s).

Antonio Johnson
Director of Planning, Environment, & Right of Way
Federal Highway Administration - California Division
United States Department of Transportation
650 Capitol Mall, Suite 4-100
Sacramento, CA 95814-4708
[email protected]
And
Elissa Konove
Division Administrator
Federal Highway Administration - California Division
United States Department of Transportation
650 Capitol Mall, Suite 4-100
Sacramento, CA 95814-4708
[email protected]
and
Kenneth N. Petty II
Planning/Regional Partnership - Planning
Director, Office of Planning
59 778
4 of 31
Federal Highway Administration
Office of Planning, Environment, and Realty
1200 New Jersey Avenue SE
Room E72-330
Washington, DC 20590

6. Payment System.

USDOT Payment System: FMIS

7. Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management

8. Federal Award Identification Number.

See section 24.2 of the General Terms and Conditions.

9. Designated Subrecipient.

Designated Subrecipient: Sacramento Area Council of Governments (SACOG) Garett Ballard-Rosa
Senior Planner
Sacramento Area Council of Governments
1415 L Street Suite 300
Sacramento CA, 95814
916.319.5183
[email protected]
Greg Chew
Senior Planner
Sacramento Area Council of Governments
1415 L Street Suite 300
Sacramento CA, 95814
(916) 340-6227
[email protected]
60 779
5 of 31

SCHEDULE B

PROJECT ACTIVITIES

1. General Project Description.

The “Green Zone Access and Equity Regional Planning Project,” will advance planning, engineering, design and project development activities to address barrier transportation facilities in nine federally designated disadvantaged communities that are (1) locally prioritized for infill development and (2) share the challenge of high volume, autocentric facilities that bisect existing neighborhoods to limit both economic and transportation mobility. SACOG will establish a Community-Based Organization Working Group to support equity-centered planning processes that engage traditionally marginalized groups.

SACOG will also partner with Valley Vision – the region's workforce intermediary – to establish career pathways for vulnerable community members into jobs that will be created during the implementation of the projects planned with DOT NAE grant funds.

Finally, SACOG will provide technical assistance to disadvantaged Green Zone communities to help prepare for the implementation phase. 61 780
6 of 31

2. Statement of Work.

Scope of Work Summary Table
Grant
Task #
Description Lead Planning Activities Summary
1 Disadvantaged
Communities Green
Zone Planning
projects
Nine local
jurisdictions
See below task table and write up
of the nine local jurisdiction
scopes
2 Project management
and grant
administration
SACOG Execute Memorandum of
Understanding with each partner.

Conduct ongoing monitoring of
each project component/task
3 Community
Engagement
Strategies
CBO working
group
Establish Community Based
Organization working group to
enable local expertise in
marginalized communities that
have largely been left out of
traditional planning processes
4 Workforce
Development
Valley Vision Outreach to local workforce
boards, organized labor and
training agencies to map job
training pathways for residents of
DAC Green Zones to quality
infrastructure jobs
5 Technical Assistance SACOG Technical assistance to local agencies, working groups and
partners to ready disadvantaged
Green Zone for implementation
phase
62 781
7 of 31
Task 1. Disadvantaged Communities Green Zone Planning projects summary table Task # Jurisdiction
/Project
Major
barrier
facility
Planning Activities Summary

1.1 City of Citrus
Heights Sunrise
Tomorrow
Sunrise
Blvd
Preliminary engineering to help
transition a 100-acre decaying mall in a
low VMT area with high quality transit
into mixed use, high density, and
transit-oriented development.

1.2 City of Marysville
Re-Envision
Downtown
Marysville Plan
SR20,
SR70, RR
tracks
Plan that re-envisions system through
downtown for multimodal
transportation & plan for a downtown
traffic calming program.

1.3 City of Rancho
Cordova Folsom
Blvd:

Transforming Old
Lincoln Highway
Plan
Folsom
Blvd, light
rail tracks,
US50
Update to Folsom Blvd Specific Plan
analyzing mobility options, circulation,
infill development opportunities,
climate resiliency, zoning / development
codes, and infrastructure needs.

1.4 City of
Sacramento
Reconnecting Old
North Sacramento
SR 160,
Capital City
Freeway,
and UPRR
tracks
Community plan of projects, programs,
and policies aimed at reconnecting
disadvantaged residents to daily
destinations through affordable,
accessible, and multi-modal
transportation.

1.5 Sacramento
County ReImagine North
Watt Corridor
North Watt
Avenue
Implementing North Watt Avenue
corridor plan through project
development and strategies to bolster
bicycle, pedestrian, and transit modes
through populous corridor/job center
that suffers from high traffic, safety
issues, and absence of complete street
infrastructure.
63 782
8 of 31

1.6 City of West
Sacramento US 50
Community
Connectivity
Project &
Sycamore Trail
Project
US 50/I-80
biz, UPRR
tracks,
Jefferson
Blvd, Sac
River deep
water ship
channel
(1) Planning to unlock 13 acres of
vacant land in center of region’s urban
core for infill development that is
currently isolated by freeways and highspeed access roads. (2) Feasibility studies, cost estimates, and community
engagement for first and only multi-use
and low transportation stress trail
connecting City’s northern and Southern
areas.

1.7 City of Woodland
East Street
Corridor Complete
Streets
East Street,
UPRR to
west of
facility
Feasibility study for road diet and
complete streets through the East Street
corridor.

1.8 Yuba City Central
City Green Zone
Redevelopment
Plan
State
Highway
20 (1) SR20 bike/ped crossing feasibility.
(2) Develop form-based objective
design standards to streamline
review/approval, provide clear design
direction, & ensure compatible
development in Central City and (3)
update Central City Specific Plan.

1.9 Yuba County East
Linda Gateway:

Lindhurst Corridor
Revitalization
project
Lindhurst
Ave, SR70
and nearby
railroad
tracks
Design and engineering of rural main
street project that will transform the
Avenue into a community entry point by
providing multimodal improvements,
and beautification upgrades.
64 783
9 of 31
Scope of Work Description
Task 1 Project Descriptions
Task 1.1. City of Citrus Heights Sunrise Tomorrow Project Extent: Sunrise Specific Plan area (Sunrise Avenue from Madison to Greenback) The City of Citrus Heights’ “Sunrise Tomorrow” project will complete preliminary design and engineering for transportation infrastructure improvements to support the transition of a 100-acre decaying suburban mall into a mixed use, high density, transit-oriented development project. The Sunrise Tomorrow project is the second-largest infill redevelopment opportunity within the SACOG region and will facilitate up to 2,200 multifamily housing units, 480 hotel rooms, 320,000 SF of Retail, 960,000 SF of Office, and 450,000 SF of community/institutional uses along with 25 acres of Open Space. Green Means Go has supported development of a land use specific plan for the site and infrastructure feasibility analysis.

With US DOT NAE funds, Citrus Heights will complete preliminary design for significant transportation infrastructure improvements along the frontage of the site. This includes preliminary engineering of a multi-use trail with a physically separated 10-foot wide pathway along the site perimeter; a mobility center capable of accommodating existing transit and anticipated BRT with regional connectivity through Sacramento Regional Transit’s network; underground infrastructure connections from existing trunk-line infrastructure necessary to serve site redevelopment; and intersection improvements to facilitate transit priority signalization and improved ingress and egress to the site. Funding will eliminate the remaining transportation barriers needed to transform the site into a mixed-use vibrant and community-orientated infill housing development.

Task 1.2 City of Marysville: Re-Envision Downtown Marysville Extent: Downtown Marysville Green Zones (roughly along SR70 from Yuba River to E 24th St.

SR 20 from 12th St to Feather River).

City of Marysville’s NAE project to Re-envision Downtown Marysville Plan will develop a plan for the city’s downtown that re-imagines the existing transportation network for multimodal transportation modes, as well as a plan for a downtown traffic calming program. The city is bisected by two state highways – Highway 70 and Highway 20 – that present barriers to mobility and bike/ped access and safety. Marysville’s downtown Green Zone is over 50 percent people of color and over 50 percent low income (household annual incomes below $40,000 a year). Most traffic in the city is regional through-traffic, which leads to heavy congestion, traffic queuing, and constraints to city’s underserved business and residents. The City will engage transportation engineers and the community in developing a plan to improve connectivity and safety for walking, rolling, and other non-vehicular transportation modes. The study will evaluate changes consistent with the California Transportation Plan 2050 objectives and actions. The City will also formulate plans for a traffic calming program in the Green Zone area of downtown. 65 784
10 of 31
Task 1.3. City of Rancho Cordova: Folsom Blvd-: Transforming Old Lincoln Highway Plan
Extent: Folsom Blvd from Bradshaw to Hazel
The City of Rancho Cordova’s NAE project will result in the Folsom Blvd: Transforming Old Lincoln Highway project, which will analyze mobility options, circulation, infill development opportunities, climate resiliency, zoning and development codes, and infrastructure needs to update the Folsom Blvd Specific Plan. The project has three components: (1) update to Folsom Blvd specific plan; (2) a targeted mixed-use and multifamily housing study; and (3) financial feasibility testing for incremental infill.

US-50 and the SacRT light rail bisect Rancho Cordova, disconnecting the older northern end of the city from the developing southern end. Folsom Blvd (the old Lincoln Highway that runs through the middle of Rancho Cordova) still maintains local accessibility challenges from when it was the key east-west throughway in the entire Sacramento region, while the construction of US50 has affected the economic viability of the corridor; like many of the other nine DAC Green Zones, the area is over 50 percent low income as well as 50 percent people of color. The plan will assess low-stress options for north-south connections; micro mobility options within the corridor; infill development opportunities; access and need assessment for the nearby business park; climate resilience; zoning, code, and infrastructure needs. The plan will recommend improvements to enhance mobility choices and access to and across the Folsom Blvd corridor, pathways to overcome barriers of the built environment, zoning codes that will encourage infill development, and recommendations on density bonuses. Task 1.4. City of Sacramento Reconnecting Old North Sacramento Community Plan Extent: Highway160 (from 12/16th St Bridge to Cap City), Cap City (from American River to N. of El Camino), UP RR (from river to north of El Camino). “Reconnecting Old North Sacramento” community plan (Plan) of the City of Sacramento will address legacy impacts and harms caused by Highway 160, Capital City Freeway (i.e., Interstate Business 80 Loop, State Route 51), and the Union Pacific Railroad lines to Old North Sacramento communities. Plan will propose projects, programs, and policies aimed at reconnecting residents and communities to daily destinations through affordable, accessible, and multi-modal transportation. The dividing transportation facilities have cut off Old North Sacramento communities from employment, healthcare, recreation, active transportation, retail, and entertainment opportunities and resources. These barriers have resulted in a limited street network and with dangerous crossings that are identified on the City’s Vision Zero High Injury Network as streets in Sacramento with the highest number of severe injuries and traffic fatalities.

The area transportation network fails to support active transportation, leading to SOV use that contributes to poor air quality and climate change. As for Del Paso Blvd, the construction of the barrier facilities has resulted in generations of harm to the local businesses on Del Paso 66 785
11 of 31
Boulevard – formerly the business main street and community center - as traffic was diverted onto the freeway facilities. Today, decades and generations later, the Boulevard continues to struggle: based on census estimates, nearly 100% of households in the area earn less than $40,000 a year. The Reconnecting Old North Sacramento plan will be a community-driven, implementation-oriented plan that identifies near- and long-term projects, programs, and policies aimed at enhancing mobility, access, and safety, while supporting local businesses and residents.

Task 1.5 Sacramento County: Re-Imagine North Watt
Extent: N. Watt Avenue from Elkhorn to Antelope
The County of Sacramento’s NAE funding to implement the “Re-Imagine North Watt Corridor Plan” will serve an underserved corridor home to 21,000 residents and 6,000 jobs that suffers from high traffic, safety issues, and the absence of complete street infrastructure. Through the Green Zone Access and Equity project, Sacramento County will complete facility project development to prepare North Watt’s transformation to a place where residents can effortlessly access jobs, schools, and open spaces by walking, biking, or riding transit, creating safer routes for students, parents, and commuters, all while fostering economic growth and a stronger sense of community.

The County anticipates a substantial 27% rise in dwelling units within a one-mile radius of Watt Avenue by 2040, with a significant 44% increase within a half-mile. To accommodate regional growth, the North Watt corridor will need to balance jobs and housing and foster multimodal connectivity to nearby employment centers like the McClellan Park business complex. This transformation will reduce automobile dependence within the community and contribute to a notable reduction in greenhouse gas emissions, aligning with the shared environmental goals.

The projected densification of the corridor, combined with existing and planned investments in the vicinity, presents a unique opportunity for the North Watt area to become a sustainable and equitable hub for mobility and livability.

Task 1.6. City of West Sacramento: US50 Community Connectivity Project and Sycamore Trail Project
Extent: US50/Tower Bridge Gateway from Westacre to W. Capitol; Jefferson Blvd from W.

Capitol to Drever; Union Pacific Railroad and Sac River Deep Water Channel The City of West Sacramento portion of the Regional Planning Partnership will improve two DAC Green Zone projects—1. US Highway 50 Community Connectivity Project and 2.

Sycamore Trail Project—that reflect the inherited legacy of transportation projects designed to move people through, not within, the community. Today, Green Zones in West Sacramento primarily consist of cleared and redeveloping brownfield land in the obsolete industrial area along the river and of corridors defined by overbuilt arterial roads built as state highways and 67 786
12 of 31
lined with declining parking lot-oriented commercial buildings that cut through and divide The US Highway 50 Community Connectivity Project will unlock 13 acres of vacant brownfields land in the center of the region’s urban core for infill development that is currently isolated by freeways and high-speed access roads. The State of California relinquished Tower Bridge Gateway (formerly State Route 275) and Jefferson Boulevard (formerly State Route 84 and today the most dangerous arterial in the city) to the City in the early 2000s. Since then, the City has been working to transform former state-controlled access freeways to local arterial boulevards. Yet the intersection of US50/BUS80, Tower Bridge Gateway, and Jefferson Boulevard remains a major transportation barrier that has impeded bike/ped mobility within the City, inhibited access to jobs and resources, and stymied development and progress for the surrounding communities.

The City will conduct planning studies and conceptual designs to explore the obsolete decommissioned freeway structures on Tower Bridge Gateway and design alternatives for local use; incorporate complete street elements and proposed local to connect communities; complement City plans and projects such as planned light rail extension from Downtown Sacramento to expand accessibility and mobility options; and support nearby planned and underway mixed-use and housing projects. Grant funds would also move forward a long-awaited bike and pedestrian connection that has broad community support.

The Sycamore Trail Project will complete planning and design to establish the City’s first and only multi-use and low-transportation stress trail connecting the City’s northern and southern areas. It will cross three barrier transportation facilities that have denied disadvantaged communities access to the high-quality amenities in the City’s newer, wealthier areas: UPRR, US-50/I-80 Business and the Sacramento Deep Water Channel. These facilities were imposed on the community by the federal, state, and regional governments before the City was incorporated.

The Sycamore Trail Project will help to solve the division caused by the barrier transportation facilities’ grade separation and impermeability. Sycamore Trail Phases 1-3 (including a bike/ped bridge over US 50) have already been funded through a variety of state, regional and local funds.

This grant request for Phases IV and V will address crossing the Union Pacific tracks and the deep water canal, respectively. US DOT NAE funds will support feasibility studies, cost estimates, and community engagement for these critical connections.

Task 1.7 City of Woodland: East Street Corridor Complete Streets Extent: East Street: Kentucky Ave to south of Gibson Road (County Fair Mall) The City of Woodland has joined the regional partnership with the East Street Corridor Complete Streets project, a scope to study the East Street corridor, a historically underserved community 68 787
13 of 31
(78 percent community of color) with fewer opportunities to access jobs, education, and amenities, to determine the feasibility of a road diet and conversion to a complete street. This evaluation will include a full traffic study of current and future roadway needs, public outreach within the community, project scoping, and preliminary design to allow the City to adopt a plan line for use with future redevelopment and reinvestment in the corridor. Currently, this vehiclecentric corridor does not provide bicycle facilities and inadequately provides for pedestrians and other non-motorized users. Even without these facilities, the corridor is a necessary travel area for many school-aged children who live in the areas east of East Street who must travel to schools located west of the corridor. The City’s General Plan identifies the corridor as an economic focus area and a corridor to consider for a road diet to catalyze improved land values and encourage new development and reinvestment in this corridor.

Task 1.8 City of Yuba City: Central City Green Zone Redevelopment Plan Extent: Yuba City downtown Green Zones (SR20 from Sutter St to Harter Parkway) As part of the Regional Partnerships Challenge, the City of Yuba City’s NAE funded Central City Green Zone Revitalization Plan has three components: first, to study bicycle and pedestrian crossings across SR20, secondly, to develop Objective Design Standards, and thirdly, to update the Central City Specific Plan. Yuba City is cut in half by Highway 20, stretching east to west, dividing the northern and southern sections of the small city. As with most major corridors across the Sacramento region, there are few pedestrian crossings and very limited multimodal forms of transportation for its residents, 58% of whom are people of color.

Yuba City will develop an Objective Design Standard to barriers to securing approvals for multifamily residential infill development. This effort will focus on developing form-based objective design standards that will streamline review and approval, provide clear design direction, and combination of increased height limits, increased density, new floor area ratio (FAR) standards, build-to lines, and parking reductions along with the new objective design standards to encourage new infill multi-family and residential mixed-use development. The objective is to allow for the development of quality, attractive affordable and market-rate development in these areas that have been predominantly underutilized, vacant, or outdated commercial. Finally, Yuba City’s updated Central City Specific Plan would provide the policies, land use, infrastructure constraints analysis and analysis to accelerate infill multi-family residential in the improved corridor.

Task 1.9 Yuba County: East Linda Gateway. Lindhurst Corridor Revitalization Project Extent: Lindhurst Avenue from Erle Road to North Beale Road and North Beale Road from Lindhurst Ave to SR70
69 788
14 of 31
Yuba County’s NAE component of the regional partnership will complete preliminary design and engineering for the “Linda Gateway: Lindhurst Corridor Revitalization,” an entryway corridor beautification project that will transform the Avenue into a rural main street though multi-modal physical improvements as detailed below. The unincorporated community of Linda is over 60% people of color and 57% of its households earn less than $40,000 a year. Much of the community’s development occurred over the past century on a piecea lack of community-serving infrastructure. In particular, Lindhurst Avenue, the community’s main throughway, lacks sidewalks, continuous bike lanes, landscaping, seating or shaded areas, lights, trash receptacles, or drainage. Lindhurst Avenue is sandwiched between SR70 and active freight rail, meaning any community member must use the facility (and its inadequate infrastructure) to move north-south through Linda.

With US DOT NAE grant funds, the County will complete project approval and environmental documentation (PA&ED), as well as plans, specification, and estimates (PS&E). Upon implementation, the project will transform Lindhurst Avenue into a rural main street and essentially a trash-ridden, inaccessible throughway into a multi-modal public space by providing several improvements including landscaping, a continuous sidewalk with ADA accessible ramps, lighting, seating areas, shaded areas, local artwork, improved drainage facilities, and trash -term maintenance will be through a cooperative effort between Yuba County, local community members, and SAYlove -- a grassroots citizen organization that cares for, supports, and cleans up the Yuba- Task 1 Deliverables: nine completed DAC Green Zone plans, facility feasibility, engineering, design, or other project development.

Task 2: Project Management and Grant Administration
SACOG has established a project management team responsible for guiding the regional planning process, managing the Community-Based Organization (CBO) Working Group and Valley Vision workforce mapping, coordinating with participating local agencies (subrecipients), establishing performance metrics, and conducting quality assurance. SACOG’s Finance Director, Grants/Budget Analyst, and Accountant will work together on grant administration and reporting. This team will coordinate with US DOT to execute the grant award, conduct procurement and contracting in accordance with federal, state, and local standards; administer the grant funding; and complete all financial reporting.

Task 2.1: SACOG will develop and execute a Memorandum of Understanding (MOU) among the ten participating jurisdictions, outlining the proposed planning process, reporting requirements, and guidelines. SACOG’s Senior Planner, Greg Chew, will administer the MOU.

Task 2.3: Each participating local Agency (subrecipient), its staff, and any subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred 70 789
15 of 31
project costs by line. The grant manager of the subrecipient town, city, or county, will be the primary point of contact in the project.

Task 2.4: SACOG’s administrative team will conduct ongoing monitoring of the DAC Green Zone planning projects to ensure each project is complete before September 30, 2031.

Task 2.5: Each local agency will report to SACOG on a quarterly basis, as detailed in the MOU, providing a written progress report and invoices, as applicable.

Task 2.6: With regular progress updates from subrecipients, SACOG will regularly submit Performance Progress Reports (SF-PPR) and Federal Financial Reports (SF-425) to monitor project programs and will submit annual reports that address project administration and overall benefits delivered.

Task 2 Deliverables: Progress reports from SACOG and partner agencies.

Task 3. Establish Community-Based Organization (CBO) Working Group and Develop Community Engagement Strategies Task 3.1: Building upon SACOG’s extensive work partnering with CBOs to work in systemically oppressed and marginalized communities that have largely been left out of traditional planning processes, SACOG will establish a CBO Working Group for this project that will enable each participating jurisdiction to tap into CBO’s local expertise to foster inclusive outreach and engagement to inform its planning effort. SACOG will align the CBO Working Group with the work of its Race, Equity, and Inclusion (REI) Working Group and the Engage, Empower, Implement (EEI) program. The REI Working Group is made up of local elected officials from the SACOG Board and external members from public agencies, CBOs, and other organizations invested in improving equity outcomes in the Sacramento region. The EEI initiative will guide participating jurisdictions in deploying equitable and justice-based planning practices that can transform community-identified issues and ideas into implementable projects.

Task 3.2: The CBO Working Group will create and disseminate a toolkit for the participating jurisdictions to help incorporate community-led planning and design principles into each project.

Task 3.3: The CBO Working Group will develop a community engagement strategy and schedule of meetings and events tailored to its local DAC Green Zone area. Community engagement strategies will build upon the EEI initiative to address barriers to participation for historically disadvantaged, vulnerable, and marginalized community members who are often left out of local decision-making.

Task 3 Deliverables: CBO Working Group established; Community Engagement Plan & Outreach toolkit developed/disseminated.

Task 4: Workforce Development 71
790
16 of 31
SACOG’s partner Valley Vision (VV), the region’s workforce intermediary and lead entity for developing the region’s federal Comprehensive Economic Development Strategy (CEDS), will conduct outreach to and stakeholder engagement with local workforce boards, organized labor, and training agencies to assess potential workforce needs associated with implementation of the DAC Green Means Go planning projects and will develop local workforce for the implementation phase of the DAC Green Means Go project. VV will collaborate with educators, employers, labor and a diverse array of workforce development partners, coordinating and aligning regional goals based on data and feedback from CBO groups.

Task 4.1: VV to coordinate with CBO Working Group and each DAC Green Zone project to assess potential job creation and hiring needs for implementation of the proposed plans.

Task 4.2: VV to engage with job training and workforce partners to establish clear pathways for local jobseekers to obtain high-quality jobs in design and engineering, construction, trades, and other positions that will grow significantly throughout the region as DAC Green Zone projects advance to the implementation phase.

Task 4.3: VV to initiate stakeholder engagement to identify local disadvantaged, women-owned, and minority businesses operating in relevant fields, as well as companies/contractors with strong labor standards, pro-active anti-discrimination and anti-harassment plans, workplace rights notice.

Task 4 Deliverables: Green Zone workforce ecosystem mapping, labor force pipeline analysis and partnership convenings.

Task 5: Technical Assistance
Task 5.1: SACOG will provide technical assistance to disadvantaged Green Zone communities to coordinate between the local jurisdiction planning scopes, community-based working groups, workforce development mapping and other activities to ready the underserved Green Zone for implementation and redevelopment. At least 50 percent of this technical assistance will go to rural communities within disadvantaged Green Zones.

Task 5 Deliverables: Green Zone technical assistance to federally-designated disadvantaged communities.
72 791
17 of 31

SCHEDULE C

AWARD DATES AND PROJECT SCHEDULE

1. Award Dates.

Budget Period End Date: September 30, 2031
Period of Performance End Date: September 30, 2031

2. Estimated Project Schedule.

Milestone Schedule Date
Planned Project Completion Date: March 31, 2031

3. Special Milestone Deadlines.

None.

4. Mandatory Prerequisite Dates.

Milestone Date
Added to Unified Planning Work Program (UPWP) 06/2024
73 792
18 of 31

SCHEDULE D

AWARD AND PROJECT FINANCIAL INFORMATION

1. Award Amount.

NAE Grant Amount: $22,500,000

2. Federal Obligation Information.

Federal Obligation Type: Single

3. Approved Project Budget.

Eligible Project Costs
Total
NAE Funds: [$22,500,000]
Other
Federal
Funds:
[$XXX] Non-Federal
Funds:
[$0] Total: [$22,500,000]

4. Cost Classification Table
Reserved.

5. Approved Pre-award Costs
None. The USDOT has not approved under this award any costs incurred under an advanced construction authorization (23 U.S.C. 115), any costs incurred prior to authorization (23 C.F.R. 1.9(b)), or any pre-award costs under 2 C.F.R. 200.458. 74 793
19 of 31

SCHEDULE E

CHANGES FROM APPLICATION
INSTRUCTIONS FOR COMPLETING SCHEDULE E: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, budget described in schedules B–D. The purpose of this schedule E is to clearly and accurately document the differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. If there are notable changes in aspects of the Project other than scope, schedule, and budget (e.g., recipient changes), those changes should also be described.

See section 3.1 of the General Terms and Conditions.

Scope: there are three scope differences between the application and grant agreement, each described below:

1. Same scope elements, longer extent for City of Rancho Cordova scope. The grant agreement includes a slightly longer extent for the City of Rancho Cordova’s Folsom Blvd scope (updated to Folsom Blvd from Bradshaw to Hazel. Grant application was a shorter extent: Folsom Blvd to Mercantile). SACOG and Rancho Cordova reviewed the corridor and found the project could cover the longer extent while keeping all scope elements contained in the grant application. The longer extent leads to a more logical endpoint (the major arterial Hazel Avenue) that better aligns with Rancho Cordova’s Green Zone.

2. Same scope elements, longer extent for Yuba County scope. The grant agreement includes a slightly longer extent for Yuba County’s Lindhurst Avenue scope, extending from Lindhurst Avenue along North Beale Road. SACOG and Yuba County reviewed the corridor and found the project could cover the longer extent while keeping all scope elements contained in the grant application. The longer extent allows the project to better address State Route 70 as a major barrier facility.

3. Rescope and recipient change of $500,000 City of Isleton SR 160 Bike/Ped Bridge Design project to Green Zone Technical Assistance task. In the application phase SACOG coordinated with local leadership in each of the federally designated disadvantaged Green Zone communities to identify ten local jurisdiction scopes, including a $500,000 scope for the City of Isleton to begin design on a pedestrian bridge across SR160. The City of Isleton has requested to withdraw from the regional partnership, citing staff changes and fiscal challenges. Notably, the long-tenured City Engineer/City Manager (same person) recently left Isleton. Given the city’s size (about 800 people, the smallest in the SACOG region), the City feels it no longer has the technical ability to conduct this work. Further, the City has faced some unexpected fiscal challenges and feels it would be unable now to cover costs while waiting for reimbursement. SACOG reviewed both aspects of this request and agrees that the proposed Isleton scope is no longer tenable.

The updated grant agreement shifts the $500,000 originally planned for the Isleton scope to a technical assistance task led by SACOG that would serve federally-designated 75 794
20 of 31
disadvantaged communities that have a locally-adopted Green Zone. Green Zone communities felt this technical assistance would be especially valuable given the interconnected aspect of the regional planning partnership, desire for holistic outcomes, and the varying states of each corridor. The requested scope change represents less than

2.5% of the total grant budget.

Scope Change Summary
Component Application Extent Grant Agreement
Extent
Notes
City of Rancho
Cordova:

Transforming Old
Lincoln Highway
Folsom Blvd from
Bradshaw to
Mercantile
Folsom Blvd from
Bradshaw to Hazel
Longer extent with
same scope elements.

Yuba County: East
Linda Gateway
Lindhurst Ave from
Erle Road to North
Beale Rd
Lindhurst Avenue
from Erle Road to
North Beale Road and
North Beale Road
from Lindhurst to
SR70
Longer extent with
same scope elements.

City of Isleton:

SR160 Bike/Ped
Bridge Design
SR 160 from A St to H
St
Rescoped to Technical
Assistance program
At least 50% of
technical activity to
serve rural DAC
green zones
Schedule: No changes
Budget: No changes to overall budget. Grant agreement shifts $500,000 (less than 2.5% of total budget) from the City of Isleton SR160 task to technical assistance task. 76 795
21 of 31

SCHEDULE F

NAE PROGRAM DESIGNATIONS

1. Capital Construction or Planning Designation.

Capital-Planning- Designation: Planning

2. Regional Partnership Challenge Grant
Regional Partnership Designation: Yes

3. Economically Disadvantaged Community Designation.

Economically Disadvantaged Community Designation: Yes

4. Funding Source.

Funding Source: General Fund

5. Security Risk Designation.

Security Risk Designation: Low
77 796
22 of 31

SCHEDULE G

NAE PERFORMANCE MEASUREMENT INFORMATION
Reserved.
78 797
23 of 31

SCHEDULE H

CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS

1. Consideration of Climate Change and Environmental Justice Impacts.

The Recipient states that rows marked with “X” in the following table are accurate. x
The Project is a planning project and incorporates consideration of climate change and environmental justice impacts. (Identify how the planning project incorporates consideration of climate change and environmental justice impacts in the narrative below.)
The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
x
The Recipient or a project partner used environmental justice tools, such as the Climate & Economic Justice Screening Tool (CEJST), USDOT’s Equitable Transportation Community (ETC) Explorer, or the EPA’s EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.)
The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.)
The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.)
The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.)
The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.)
The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.)
79 798
24 of 31
The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.)
The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.)
The Project supports or incorporates the construction of energy- and locationefficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.)
The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project. (Describe those actions in the supporting narrative below.)
The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.

2. Supporting Narrative.

The project used the Climate and Environmental Justice Screening Tool to identify federally-designated environmental justice communities and only includes scopes within these communities. When built, scopes within these environmental justice communities will lead to mode shifts to reduce vehicle emissions. The project has a community-based working group to provide context on environmental justice impacts and ensure historically marginalized environmental justice communities have a pathway for input. 80 799
25 of 31

SCHEDULE I

EQUITY AND BARRIERS TO OPPORTUNITY

1. Efforts to Improve Equity and Reduce Barriers to Opportunity.

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

X
The Project is a planning project and incorporates consideration of racial equity and barriers to opportunity. (Identify how the planning project incorporates consideration of racial equity and barriers to opportunity in the narrative below.)
A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)
The Recipient or a project partner has adopted an equity and inclusion program/plan, or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity. (Describe those actions in the supporting narrative below.)
The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B 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.
81 800
26 of 31

2. Supporting Narrative.

The project aligns with and incorporates the work of its Race, Equity, and Inclusion (REI) Working Group and the Engage, Empower, Implement (EEI) program. The REI Working Group is made up of local elected officials from the SACOG Board and external members from public agencies, CBOs, and other organizations invested in improving equity outcomes in the Sacramento region to guide participating jurisdictions in deploying equitable and justice-based planning practices that can transform communityidentified issues and ideas into implementable projects.

3. Community Engagement Activities.

The project will establish a CBO Working Group that will enable each participating jurisdiction to tap into CBO’s local expertise to foster inclusive outreach and engagement to inform its planning effort.

4. Activities to Safeguard Affordability.

The Community Based Organization Working Group will provide community revitalization and other place-based strategies that enhance community vitality for existing residents. The work also ensures representation from underserved groups has shaped the vision for the area.
82 801
27 of 31

SCHEDULE J

LABOR AND WORKFORCE

1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table are accurate:
x The Project is a planning project. (Identify in the narrative below the extent to which, if any, the planning project incorporates consideration of good-paying jobs and strong labor standards.)
The Recipient or a project partner has adopted the use of project labor agreements in the overall delivery and implementation of the Project. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project, subject to all applicable State and local laws, policies, and procedures. (Describe the relevant provisions in the supporting narrative below.) The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.)
The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.)
The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.) The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.)
The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
83 802
28 of 31
The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements; c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and contractors.
(Describe the equal opportunity plan in the supporting narrative below.) The Recipient has taken other actions related to the Project to create goodpaying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to create goodpaying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions related to the Project to improving goodpaying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

The project includes a workforce development task that will collaborate with educators, employers, labor and a diverse array of workforce development partners to establish clear pathways for local jobseekers to obtain high quality jobs in design, engineering, construction and the trades.
84 803
29 of 31

RECIPIENT SIGNATURE PAGE
The Recipient, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.

California Department of Transportation]
Date
By:

Signature of Recipient’s Authorized Representative
Dee Lam
Name
Chief, Division of Local Assistance
Title
85 804
30 of 31

DESIGNATED SUBRECIPIENT SIGNATURE PAGE
The Designated Subrecipient, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.

Sacramento Area Council of Governments
Date
By:

Signature of Designated Subrecipient’s Authorized
Representative
James Corless
Executive Director, Sacramento Area Council of
Governments
86 805
31 of 31

USDOT SIGNATURE PAGE
The USDOT, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.

United States Department of Transportation
Date
By:

Signature of USDOT’s Authorized Representative
Elissa Konove
Name
FHWA California Division Administrator
Title
87 806
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100

EXHIBIT D

QUARTERLY PROGRESS REPORT
District/Quarter: District 3 / Quarter: ____ District Grant Manager:

Project Title:

Grant Applicant:

Grant Program & FY:

Date funds were encumbered:

Project End Date:

Grant Funds Local Match
Estimated % of
Project Completed
to Date
% of Total
Amount Expended
to Date
Total Authorized $ $
Funds Expended to Date: $ $ ____% ___%
Balance Available: $ $

1. Project status/general comments this quarter (progress, problems encountered, etc.)

2. Identify Community-Based Organizations involved in the project this quarter.

3. Discussion/evaluation of public participation efforts this quarter.

4. List of documents/materials forwarded to HQ this quarter (contacts, agreements, final reports, etc.) Prepared by:

Signature Date:

Printed Name
Job Title
Subrecipient
Email/Phone
88 807
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100

EXHIBIT E
89 808
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100

EXHIBIT F

FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care, pregnancy leave, or disability leave. ADMINISTRATION AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTRATING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY’s contractors and all subcontractor shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for purposes of investigation to ascertain compliance with the Fair Employment section of this AGREEMENT.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment provision, STATE shall have the right to terminate this AGREEMENT either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any monies due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY’s breach of this Agreement.
90 809
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100

EXHIBIT G

NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, a condition to receiving any Federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42, U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964” (hereinafter referred to as the REGULATIONS), the Federally-aid Highway Act of 1973, and other pertinent directives, to and that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation, ADMINESTERING AGENCY HEREBY GIVES ASSURANCES THAT ADMINESTERING AGENCY will promptly take any measures necessary to effectuate this AGREEMENT. This Assurance is required by subsection 21.7(a)(1) of the REGULATIONS.

More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to the Federal-Assisted Program:

1. That ADMINISTERING AGENCY agrees that each ‘program” and each “facility” as defined in subsection 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a “program”) conducted, or will be (with regard to a “facility”) operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.

2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the Federal-Assisted Program and, in adapted form, in all proposals for negotiated agreements:

ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

3. That ADMINISTERING AGENCY shall insert the clauses of Appendix 1 to Exhibit G of this Assurance in every agreement subject to the ACT and the REGULATIONS.

4. That the clauses of Appendix 2 to Exhibit G of this Assurance shall be included a s covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein.

5. That where ADMINISTERING AGENCY receives federal finance assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.

6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.
91 810
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100 7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of the Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties:

Appendix C:
(a) for the subsequent transfer of real property acquired or improved under the federal-aid Program; and Appendix D:
(b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal-aid Program.

8. That this Assurance obligates ADMINISTERING AGENCY for the period during which federal financing 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 ADMINSTERING AGENCY 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 ADMINISTERING AGENCY retains ownership or possession of the property.

9. The ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he/she delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub-grantees, applicants, sub-applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the AGREEMENT.

10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance.

11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE-assisted contract or in the administration on its DBE Program or the requirement of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of STATEassisted contracts. ADMINISTERING AGENCY’s DBE Race-Neutral Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out is approved DBE Race-Neutral Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases refer the matter for enforcement under 18 U.S.C 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31 U.S.C. 3801 et seq.).

THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants in the federal-aid Highway Program.

APPENDIX 1 TO EXHIBIT G 92
811
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agree as follows:

1. Compliance with Regulations: ADMINISTERING AGENCY shall comply with the REGULATIONS relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the REGULATIONS), which are incorporated by reference and made a part of this Agreement.

2. Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the se4lectino and retention of sub-applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS.

3. Solicitations for Sub-agreements, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub-agreement, including procurements or materials or leases of equipment, each potential subapplicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY’s obligations under this AGREEMENT and the REGULATION relative to nondiscrimination on the grounds of race, color, or national origin.

4. Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY’s books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to in pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY as in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information.

5. Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY’s noncompliance with the nondiscrimination provisions of this AGREEMENT, STATE shall impose such AGREEMENT sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the AGREEMENT within a reasonable period of time, not to exceed ninety (90) days; and/or
(b) cancellation, termination or suspension of the AGREEMENT, in whole or in part.

6. Incorporation of Provision: ADMINISTERING AGENCY shall include the provisions of paragraphs 1 through 6 in every sub-agreement, including procurements of materials and leases of equipment unless exempt by the REGULATIONS or directives issues pursuant thereto. ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance provided; however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of the STATE, and, in addition, ADMINSTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States.

93 812
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
APPENDIX 2 TO EXHIBIT G
The following clauses shall be included in any and all deeds affecting or recording the transfer of PROJECT real property; structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE)
NOT, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the Project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of Federal-aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with, and in compliance with, Regulations 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 remiss, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said and described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject; however, to the covenant, 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 shall be binding on ADMINISTERING AGENCY, its successors and assigns.

ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land to itself, its successors and assigns.

1. That no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereto conveyed(:) (and)1

2. That ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally-assisted programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and

3. That in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S.

Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall 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 deed2
. APPENDIX 3 TO EXHIBIT G
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY.

The grantee (licensee, 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 covenant running with the land) that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, permittee, etc.), shall maintain 94 813
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100
and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above-described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns.

APPENDIX 4 TO EXHIBIT G
The following shall be included in all deeds, licenses, leases, permits, or similar agreements extended into by the ADMINISTRATING AGENCY.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself/herself, his/her 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, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities;

2. That in construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied benefits of, or otherwise be subjected to discrimination; and

3. That the (grantee, licensee, permittee, etc.), shall use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.), and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.), had never been made or issued. (Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above-described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns.
95 814
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100

EXHIBIT H

REQUIRED SUPPORTING DOCUMENTATION FOR INVOICES
Type of Expense Required Documentation for Invoices Labor Costs Approved timesheets and/or
itemized financial/payroll system
report providing:
a. Names
b. Dates
c. Hours worked toward specific tasks/deliverables
d. Hourly rate
e. Benefits
f. Overhead
Indirect/Overhead Charge a. Approval of indirect rate from cognizant agency (Exhibit 10-K or Approval Letter from cognizant agency)
Proof of Payment a. Copy of cancelled check showing proof of cleared payment Meeting Related Expenses
Typically not eligible for grant
reimbursement unless obtained
prior approval and included in
budget/SOW.
a. Purpose of meeting
b. Agenda
c. List of attendees
Other Expenses a. Detailed receipts
Disadvantage Business
Enterprises (DBE) a. DBE Report forms ADM 0227F b. ADM 3069 if Agreement includes a DBE Participation Goal.

In-Kind/Match a. If staff time is used for match, follow "Labor Costs" documentation requirements.
b. If other costs are used, follow the rules for other types of expenses and provide details on procurement process used. To be allowable for match, any costs incurred must have been procured following same rules SACOG is subject to, based on type of grant funding.
c. If providing actual funds, identify what type of funds are being provided (local, state, federal, federal aid) and/or source of funds (granting agency).

Travel Costs Mileage a. Date
b. Miles driven
c. Addresses traveled from and to
d. Purpose of travel
e. Map preferred
Meals, Incidentals,
Transportation & Lodging a. Itemized receipts for all meals/incidentals. Will only be reimbursed up to state per diem rates or GSA rates. b. If any charges are for more than one person, names of all parties and purpose of charge must be provided.
96 815
Contract #: CT250029
Funding Source: Reconnecting Communities & Neighborhoods Program (RCN) Account Set: SAC239-PASS THROUGH-DOT-G100

EXHIBIT I

DISADVANTAGED BUSINESS ENTERPRISE INFORMATION FORM
Background
“Disadvantaged Business Enterprise” or “DBE” means a for-profit small business as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). It is the policy of SACOG, Caltrans, and the US DOT that DBEs have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal transportation funds.

Requirements and Purpose of Form
The awardee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Even if no DBE participation will be reported, the awardee shall check the “No DBE Participation” option below (Option #1), and sign and return this form.

Resources
The California Unified Certification Program (CUCP) may be used for DBE certification and to identify firms eligible to participate as DBE’s. The CUCP database may be accessed on-line at http://www.californiaucp.com If you believe a firm is certified but cannot locate it in the CUCP database, you may contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.

DBE/UDBE Participation Information
X Option #1
No Certified DBE participation proposed.
___ Option #2
The following DBE(s) will be used:
**Attach additional pages if necessary
Name of Certified DBE: Not Applicable DBE #:

DBE Address: Phone:

Email:

Capacity: ___ Contractor ___Subcontractor $ Amount:

Annual Gross Receipts:
____Less than $500,000 ____$500,000-$1 million
____$1 million-$2 million
____$2 million-$5 million
____Over $5 million
Race/Ethnicity/Gender:
____Asian Pacific
____Black
____Native American
____Asian Subcontinent
____Caucasian
____Woman
Description of Services
Submitted by:

Signature Date:

Printed Name
Job Title
Subrecipient
Email/Phone
97 816
817
818
819
Attachment 3
RESOLUTION 26-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO AUTHORIZING THE TRANSFER OF $33,562 FROM THE MEASURE E FUND FOR THE SYCAMORE TRAIL PHASE IV AND V PROJECT (CIP 11043)
WHEREAS, on April 14, 2025 the City of West Sacramento entered into a subrecipient agreement with the Sacramento Area Council of Governments for the Reconnecting Communities and Neighborhoods Program: Sycamore Trail Phase IV and V Feasibility Study; and WHEREAS, a Request for Proposal was publicly advertised for a federal contract for professional services for the Sycamore Trail Phase IV and V Project, available on OpenGov on December 12, 2025; and
WHEREAS, staff is recommending City Council to award a contract for federal contract for professional services to Dokken Engineering, in the amount of $693,355.75; and WHEREAS,, additional funding of $33,562 is needed to fully support the consultant contract contingency; and
WHEREAS, staff is proposing to transfer an additional $33,562 of Measure E – Bike, Ped, Trail Funds to fully support Sycamore Trail Phase IV and V Project (CIP 11043); and WHEREAS, there are sufficient funds available in the sources identified to fund the additional appropriations as requested for this project; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

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

1. The City Council hereby approves amendments the following amendments for Fiscal Year 2025/26:

SOURCES
$33,562 110-0000-3085 Measure E Fund Balance
$33,562 400-9900-4990/400-11043-4990 Transfer In from Measure E $33,562 Total Sources
USES
$33,562 400-9900-5530/400-11043-5800 Sycamore Trail Ph IV and V $33,562 110-9531-5950 Transfer Out to CIP-11043
$33,562 Total Uses
*Note – Interfund transfers are not included in funding sources and uses total to avoid duplication of total project budget and funding.

2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

3. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the West Sacramento City Council this 15th day of April, 2026 by the following vote:
820
Resolution 26-31

Page 2 ends

West Sacramento City CouncilApril 15, 2026

West Sacramento City Council
April 15, 2026