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HomeMy WebLinkAboutGrant Agreement_Signed 8.2.2023.pdf 1. Award No. 2. Effective Date 3. Assistance 693JJ32340201 See No. 17 Below Listings No. 20.939 4. Award To 5. Sponsoring Office County of Fresno U.S. Department of Transportation Department of Public Works and Planning Design Federal Highway Administration 2220 Tulare St. 7th Floor Office of Safety Fresno,CA 93721 1200 New Jersey Avenue, SE HSSA-1,Mail Drop E71-117 Washington, DC 20590 Unique Entity Id.: LGJ 1 SMMN9XR6 TIN No.: 94-6000512 6. Period of Performance 7. Total Amount Effective Date of Award through 14 Federal Share: $302,720.00 Months— Recipient Share: $75,680.00 Other Federal Funds: $0 Other Funds: $0 Total: $378,400.00 8. Type of Agreement 9. Authority Grant Section 24112 of the Infrastructure Investment and Jobs Act(Pub. L. 117-58,November 15, 2021;also referred to as the"Bipartisan Infrastructure Law"or`BIL") 10. Procurement Request No. 11. Federal Funds Obligated HSSP230248PR $302.720.00 12. Submit Payment Requests To 13. Payment Office See article 20. See article 20. 14. Accounting and Appropriations Data 15X0173 E50.0000.055 SR I0500.5592000000.25305.610066 15. Description of Project The County of Fresno will upgrade the existing Local Road Safety Plan to include measurable outputs and outcomes for implementing safety countermeasures,create a task force of internal and external stakeholders to develop and monitor the plan,and assess current policies and processes (including a financial analysis of road safety resource allocation),to ensure accountability, identify priorities and improve processes. As part of the LRSP update,the County will perform an updated safety analysis which utilizes innovative technology at high-priority locations and analyzes crash causes and conditions to evaluate the highest-impact, lowest-cost systemic solutions. In addition,an in-depth equity assessment is essential to address and remediate a legacy of harm and provide disadvantaged residents an opportunity to engage actively in road and pedestrian safety. 1 of 15 RECIPIENT FEDERAL HIGHWAY ADMINISTRATION 16. Signature of Person nth ized to Sign 17. Signature of Agreement Officer OKPEMITORITSE DigitallysignedbyOKPEMITORITSE UTIEYIN ONUWAJE UTIEYIN O N U WAJ E Date:2023.08.02 08:34:43-06'00' Signature D to Signature Date Name: Steven E White Name: Title: Director of Public Works and Title: Agreement Officer Planning 2 of 15 U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the [United States Department of Transportation (the "USDOT")] [Federal Highway Administration(the"FHWA") and the County of Fresno (the "Recipient"). This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All ("SS4A") Grant for the SS4A Action Plan Grant for County of Fresno, California. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS 1.1 General Terms and Conditions. (a) In this agreement, "General Terms and Conditions" means the content of the document titled "General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program," dated February 8, 2023, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements. Articles 7-30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient states that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act(NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act(BIL, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient's non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT, FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system. 3of15 ARTICLE 2 APPLICATION, PROJECT,AND AWARD 2.1 Application. Application Title: SS4A Action Plan Grant for County of Fresno, California Application Date: [9/15/2022] 2.2 Award Amount. SS4A Grant Amount: [$302,720.00] 2.3 Award Dates. Period of Performance End Date: See section 6 on page 1 2.4 Budget Period Budget Period End Date: See section 6 on page 1 2.5 Action Plan Grant or Implementation Grant Designation. Designation: [Action Plan] 2.6 Federal Award Identification Number. The Federal Award Identification Number is listed on page 1, line 1. ARTICLE 3 SUMMARY PROJECT INFORMATION 3.1 Summary of Project's Statement of Work. The award will be used by the County of Fresno to develop a comprehensive safety action plan. 4 of 15 3.2 Project's Estimated Schedule. Drafting Instructions: If the Grant is for an Action Plan or Supplemental Action Plan, complete the Action Plan Schedule and remove the Implementation Schedule. If the Grant is for an Implementation project, complete the Implementation Schedule and remove the "Action Plan Schedule, " ACTION PLAN SCHEDULE Milestone Schedule Date Planned Draft Action Plan Completion December 2024 Date: Planned Action Plan Completion Date: August 2025 Planned Action Plan Adoption Date: November 2025 Planned SS4A Final Report Date: June 2026 3.3 Project's Estimated Costs. (a) Eligible Project Costs Eligible Project Costs SS4A Grant Amount: [$302,720.00] Other Federal Funds: [$XXX] State Funds: [$XXX] Local Funds: [$75,680.00] In-Kind Match: [$XXX] Other Funds: [$XXX] Total Eligible Project Cost: [$378,400.00] (b) Supplemental Estimated Budget- If this is an Action Plan Grant, delete the row for Construction. Cost Element Federal Share Non-Federal Share Total Budget Amount Direct Labor $59,200.00 $14,800.00 $74,000.00 5of15 Fringe Benefits $45,600.00 $11,400.00 $57,000.00 Travel $2,400.00 $600.00 $3,000.00 Equipment $2,720.00 $680.00 $3,400.00 Supplies $800.00 $200.00 $1,000.00 Contractual/Consultant $192,000.00 $48,000.00 $240,000.00 Other $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 Total Budget $302,720.00 $75,680.00 $378,400.00 ARTICLE 4 RECIPIENT INFORMATION 4.1 Recipient's Unique Entity Identifier. LGJ 1 SMMN9XR6 4.2 Recipient Contact(s). Erin Haagenson Principal Staff Analyst County of Fresno, Public Works and Planning Department 2220 Tulare Street, 6th Floor, Fresno, CA 93721 559-600-9908 ehaagenson@fresnocountyca.gov 4.3 Recipient Key Personnel. Name i Title or Position Steven E. White Director, Public Works and Planning Department Mohammad Alimi Design Division Engineer Erin Haagenson Principal Staff Analyst 6 of 15 Name Title or Position Jeffrey Martin Senior Staff Analyst ------------ ------------ Diana Nuttman I Staff Analyst Harsharn Dhah Staff Analyst Sandy Huerta Staff Analyst Jennica Geddert Senior Staff Analyst I Sebastian Artal Supervising Engineer Wendy Nakagawa Interim Road Maintenance Division Engineer I Ryan Cardoza Engineer, Traffic Soutchai Vongsa Engineer, Traffic ------------------- James Garcia Senior Engineer, Road Maintenance --------------- 4.4 USDOT Project Contact(s). Darren Thacker Safe Streets and Roads for All Program Manager Federal Highway Administration Office of Safety HSSA-1, Mail Stop: E71-117 1200 New Jersey Avenue, S.E. Washington, DC 20590 (202) 366-6409 darren.thackergdot.gov and Hector Santamaria Agreement Officer(AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-33, Mail Stop E62-3 10 1200 New Jersey Avenue, S.E. Washington, DC 20590 (202) 493-2402 Hector.Santamariagdot.gov 7 of 15 and Ashley M. Cucchiarelli Agreement Specialist(AS) Office of Acquisition and Grants Management HCFA-33, Mail Stop E62-204 1200 New Jersey Avenue, S.E. Washington, DC 20590 (720) 963-3589 ashley.cucchiarelli@dot. ov and Vince Mammano Agreement Officer's Representative (AOR) Division Administrator FHWA California Division Office 650 Capitol Mall, Ste, 4-100 Sacramento, CA 95814 916-498-5015 Hdacagdot.gov and Michael Shami CA Division Office Point of Contact Safety and Operations Engineer 650 Capitol Mall, Suite 4-100 916-498-5853] mike.shami@dot.gov 8 of 15 ARTICLE 5 USDOT ADMINISTRATIVE INFORMATION 5.1 Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management SUBAWARDS AND CONTRACTS APPROVAL Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient(who is awarded a subaward)versus contractor(who is awarded a contract). Note: Recipients with a procurement system deemed approved and accepted by the Government or by the AO are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to Action Plan Grants. Unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval of each subaward or contract is contingent upon the Recipient's submittal of a written fair and reasonable price determination, and approval by the AO for each proposed contractor/sub- recipient. Consent to enter into subawards or contracts will be issued through written notification from the AO or a formal amendment to the Agreement. The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. (Fill in at award or by amendment) 5.2 Reimbursement Requests (a) The Recipient may request reimbursement of costs incurred in the performance of this agreement if those costs do not exceed the funds available under section 2.2 and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI elnvoicing System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF 271 (Outlay Report and Request for Reimbursement for Construction Programs)to clearly document all costs incurred. 9 of 15 (c) The Recipient's supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient's share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement,the AO may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the Agreement Officer's Representative (the"AOR") reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) The USDOT may waive the requirement that the Recipient use the DELPHI eInvoicing System. The Recipient may obtain waiver request forms on the DELPHI eInvoicing website (http://www.dot.gov/cfo/delphi-eInvoicing-system.html) or by contacting the AO.A Recipient who seeks a waiver shall explain why they are unable to use or access the Internet to register and enter payment requests and send a waiver request to Director of the Office of Financial Management US Department of Transportation, Office of Financial Management B-30, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or DOTElectroniclnvoicingkdot, ov. If the USDOT grants the Recipient a waiver,the Recipient shall submit SF 271 s directly to: DOT/FAA P.O. Box 268865 Oklahoma City, OK 73125-8865 Attn: Ashley M. Cucchiarelli (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients. ARTICLE 6 SPECIAL GRANT TERMS 6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section [wherever the date it is in this agreement]. 10 of 15 6.2 The Recipient acknowledges that the [Action Plan] will be made publicly available, and the Recipient agrees that it will publish the final [Action Plan] on a publicly available website. 6.3 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964,the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements. 6.4 There are no other special grant requirements for this [award]. llof15 DRAFT TEMPLATE;NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 ATTACHMENT A PERFORMANCE MEASUREMENT INFORMATION Study Area: [The unincorporated areas of Fresno County, CA.] Baseline Measurement Date: July 2024 Baseline Report Date: September 2024 Table 1: Performance Measure Table Measure Category and Description Measurement Frequency Percent of Funds to Underserved Equity Communities: Funding amount(of total End of period of project amount) benefitting underserved performance communities, as defined by USDOT Project Costs: Quantification of the cost Costs of each eligible project carried out using End of period of performance the grant Lessons Learned and Recommendations: Description of lessons learned and any Lessons Learned and End of period of recommendations relating to future Recommendations performance projects of strategies to prevent death and serious injury on roads and streets. 12 of 15 DRAFT TEMPLATE;NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 ATTACHMENT B CHANGES FROM APPLICATION INSTRUCTIONS FOR COMPLETING ATTACHMENT B: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of this attachment B is to document the differences clearly and accurately in scope, schedule, and budget to establish the parties' knowledge and acceptance of those differences. See section 10.1. Scope: Schedule: Budget: The table below provides a summary comparison of the project budget. Application Section 3.3 Fund Source $ % $ % Previously Incurred Costs (Non-Eligible Project Costs Federal Funds Non-Federal Funds Total Previously Incurred Costs Future Eligible Project Costs SS4AFunds Other Federal Funds Non-Federal Funds Total Future Eligible Project Costs Total Project Costs 13 of 15 DRAFT TEMPLATE;NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 ATTACHMENT C RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with"X" in the following table are accurate: A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the 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 X project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs,plans, or policies in the 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, as described in the supporting narrative below. The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the project, will take relevant actions described in the supporting narrative below The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 2. Supporting Narrative. The County of Fresno uses Disadvantaged Business Enterprise goals in procurement of contractors and consultants in Federally awarded projects. During the public engagement process, we will work with community-based organizations to reach out to impacted disadvantaged groups. We provide language interpreters for events and outreach to ensure full participation. The identification of future projects incorporated in the finished 14 of 15 DRAFT TEMPLATE;NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 action plan will also include areas that need ADA improvements to improve access for people with disabilities. 15 of 15 SAFE STREETS AND ROADS FOR ALL FY2022 COUNTY OF FRESNO GRANT AGREEMENT WITH FEDERAL HIGHWAY ADMINISTRATION APPROVED AS TO LEGAL FORM: Daniel C. Cederborg, County Counsel By: Deputy Date: J 1W `Dl, 202� APPROVED AS TO ACCOUNTING FORM: Oscar J. Garcia, CPA, Auditor-Controller/Treasurer- Tax Collector By: �� Date: FOR ACCOUNTING USE ONLY: Fund: 0010 Subclass: 11000 Org: 45104513 Account: 4375