2023-1002 MCDOT FY 2022 BIP__NON STATE DOT GRANT PLANNING__01202023.DOCX
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BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 1 of 19 1. Award No. 696JJ32340518 2. Effective Date See No. 17 Below 3. Assistance Listings No. 20.205 4. Award To Maricopa County 2901 West Durango Street Phoenix, AZ 85009-6398 Unique Entity Id.: YC11KWJKWM97 TIN No.: 86-6000472 5. Sponsoring Office U.S. Department of Transportation Federal Highway Administration Office of Acquisition & Grants Management 1200 New Jersey Avenue, SE HCFA-32, Mail Drop E62-204 Washington, DC 20590 6. Period of Performance Effective Date of Award – April 30, 2025 7. Total Amount Federal Share: Recipient Share: Total: $421,600.00 $105,400.00 $527,000.00 8. Type of Agreement Grant 9. Authority Section 11118(a) of the Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “Bipartisan Infrastructure Law” or “BIL”); codified at 23 U.S.C. § 124 10. Procurement Request No. HSSP230130PR 11. Federal Funds Obligated $421,600.00 12. Submit Payment Requests To See Article 13 of the General Terms and Conditions. 13. Payment Office See Article 13 of the General Terms and Conditions. 14. Accounting and Appropriations Data 1550558B50.2022.050V17F500.5201000000.41010.61006600 = $421,600.00 15. Description of Project “Gila River Bridge – Old US80 – Candidate Assessment Report” RECIPIENT 16. Signature of Person Authorized to Sign ___________________________________ Signature Date Name: Title: FEDERAL HIGHWAY ADMINISTRATION 17. Signature of Agreement Officer ______________________________________ Signature Date Name: Hector Santamaria Title: Agreement Officer BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 2 of 19 FEDERAL HIGHWAY ADMINISTRAITON GRANT AGREEMENT UNDER THE FISCAL YEAR 2022 BRIDGE INVESTMENT PROGRAM This agreement is between the Federal Highway Administration (the “FHWA”) and the Maricopa County Department of Transportation (MCDOT) through Maricopa County (the “Recipient”). This agreement reflects the selection of the Recipient to receive a Bridge Investment Program (“BIP”) Grant for the Gila River Bridge – Old US80 – Candidate Assessment Report. The Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), authorized and appropriated funds to the FHWA for fiscal year 2022. The funds are available to carry out the BIP under 23 U.S.C. 124 by providing assistance to improve bridge condition and the safety, efficiency, and reliability of the movement of people and freight over bridges. 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 2022 Bridge Investment Program (BIP) Grant Program” dated January 31, 2023, which is available at https://www.fhwa.dot.gov/bridge/bip/FY_2022_BIP_Terms_and_Conditions.pdf . The General Terms and Conditions reference the information contained in the schedules A - J 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 which may include but is not limited to terminating the BIP grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the BIP Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system. BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 3 of 19 ARTICLE 2 SPECIAL TERMS AND CONDITIONS. There are no special terms for this award. BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 4 of 19 SCHEDULE A ADMINISTRATIVE INFORMATION 1. Application. Application Title: Gila River Bridge – Old US80 – Candidate Assessment Report Application Date: July 25, 2022 2. Recipient’s Unique Entity Identifier. See section 24.3 of the General Terms and Conditions. 3. Recipient Contact(s). Denise Lacey Systems Planning Branch Manager Engineering Division Maricopa County Department of Transportation (MCDOT) 2901 West Durango Street Phoenix, AZ 85009 O: 602.506.6172 ▪ C: 602.359.5393 Denise.Lacey@maricopa.gov 4. Recipient Key Personnel. Name Title or Position Kimberly Richards Intergovernmental Coordinator 5. FHWA Project Contact(s). Hector Santamaria Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-33, Mail Stop E62-310 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-493-3811 Hector.Santamaria@dot.gov and Angela A. Jones Agreement Specialist (AS) Office of Acquisition and Grants Management BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 5 of 19 HCFA-33, Mail Stop E62-204 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-366-4255 Angela.Jones@dot.gov and Chad Matty Agreement Officer Representative (AOR) Bridge Engineer Arizona Division 4000 North Central Avenue Suite 1500 602-382-8968 chad.matty@dot.gov 6. Payment System. USDOT Payment System: DELPHI eInvoicing 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: None 10. Subawards and Contracts. 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. (a) Unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the Agreement Officer (the “AO”) for the subaward, transfer, or contracting out of any BIP Planning Grant work under this agreement above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 6 of 19 (b) 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. (c) 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. No subawards or contracts have been approved. BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 7 of 19 SCHEDULE B PROJECT ACTIVITIES 1. General Project Description. Refer to the application title and date identified in schedule A section 1, which is incorporated by reference to this agreement. 2. Statement of Work. Refer to the application title and date identified in schedule A section 1, which is incorporated by reference to this agreement. To support a Candidate Assessment Report (CAR) in order to determine exactly where to place a new bridge structure including improvements to the approach roadway, including any additional transportation features to accommodate and protect existing utilities, waterways and environmental resources. With a modern bridge structure additional economic activity is anticipated as the transport of goods would cost less in both time and miles traveled. BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 8 of 19 SCHEDULE C AWARD DATES AND PROJECT SCHEDULE 1. Award Dates. Budget Period End Date: April 30, 2025 Period of Performance End Date: See section 4.5 of the General Terms and Conditions 2. Estimated Project Schedule. Milestone Schedule Date Planned Project Completion Date: March 30, 2025 3. Special Milestone Deadlines. Critical Milestone for Environmental and Environmental Justice Review will be August 2028. None. BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 9 of 19 SCHEDULE D AWARD AND PROJECT FINANCIAL INFORMATION 1. Award Amount. BIP Grant Amount: $421,600.00 2. Federal Obligation Information. Federal Obligation Type: Single 3. Approved Project Budget. Eligible Project Costs Total BIP Grant Funds: $421,600.00 Other Federal Funds: $0.00 State Funds: $0.00 Local Funds: $105,400.00 In-Kind Match: $0.00 Other Funds: $0.00 Total: $527,000.00 4. Cost Classification Table Cost Element Federal Share Non-Federal Share Total Budget Amount Direct Labor $0.00 $0.00 $0.00 Fringe Benefits $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 Contractual/Consultant $421,600.00 $105,400.00 $527,000.00 Other $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 Total Budget $0.00 $0.00 $0.00 5. Approved Pre-award Costs None. The FHWA has not approved under this award any pre-award costs under 2 C.F.R. 200.458. BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 10 of 19 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 this agreement. 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: No changes. Schedule: NTP pushed from March 2023 to January 2024. Project duration remains unchanged. Schedule change is due to delay in receiving official notification of award. Procurement for Consultant cannot begin until agreement is in place. Project duration will take the identified timeframe once NTP is given. Budget: No changes. The table below provides a summary comparison of the Project budget. Application Schedule D Fund Source $ % $ % Previously Incurred Costs Federal Funds Non-Federal Funds Total Previously Incurred Costs Future Eligible Project Costs BIP Funds 421,600 80 421,600 80 Other Federal Funds Non-Federal Funds 105,000 20 105,000 20 Total Future Eligible Project Costs 527,000 527,000 Total Project Costs 527,000 527,000 Other: BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 11 of 19 SCHEDULE F BIP PROGRAM DESIGNATIONS 1. Urban or Rural Designation. Urban-Rural Designation: Rural 2. Historically Disadvantaged Community or Area of Persistent Poverty Designation. HDC or APP Designation: [No] 3. Funding Source. Funding Source: General Fund 4. Reserved. 5. Reserved. 6. Security Risk Designation. Security Risk Designation: Low 7. Capital or Planning Designation. Capital-Planning Designation: Planning 8. Funding Act. Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021): Highway Trust Funds (IIJA § 11101(b)(1)(A)); and Highway Infrastructure Program (HIP) General Funds (IIJA, division J, title VIII, HIP heading, paragraph (4)). 9. Funds Obligation. Obligation Deadline: September 30, 2025, for all sources of FY 2022 BIP funds. 10. Cancellation Date. Highway Trust Funds: Available until expended IIJA/BIP General Funds: September 30, 2030 BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 12 of 19 SCHEDULE G BIP PERFORMANCE MEASUREMENT INFORMATION Study Area: The Maricopa Association of Governments (MAG, a metropolitan planning organization) has determined a need for a new modern bridge that is able to safely and efficiently accommodate the future traffic volumes of the planned Hidden Waters Parkway. The bridge in its existing state is structurally-deficient and functionally-obsolete. The structural evaluation appraisal, deck geometry appraisal, and approach alignment appraisal are all identified as “Intolerable” and replacement is a “high priority” (please see attached NBI Datasheet). In 2010, MCDOT completed a parkway feasibility study on the Old US 80 corridor. This planning project is a major step towards the Maricopa County Department of Transportation (MCDOT) replacing a structurally-deficient and functionally-obsolete bridge over the Gila River in rural Maricopa County, Arizona. If this project is awarded BIP Planning Funds then MCDOT will hire a consultant team to conduct a Candidate Assessment Report (CAR). Baseline Measurement Date: March 2024 Baseline Report Date: May 2024 Table 1: Performance Measure Table Measure Category and Description Measurement Frequency Planning Grant Project eligible to apply for a Large Bridge or Bridge grant. Whether the BIP Planning grant for planning, feasibility analysis, and or revenue forecasting is associated with the development of a project eligible to apply for a BIP Large Bridge or Bridge grant. Annual BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 13 of 19 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: 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.) The Recipient or a project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.) The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.) The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.) The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.) The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.) The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.) BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 14 of 19 The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.) The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.) The Project supports or incorporates the construction of energy- and location- efficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.) 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.) X 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.) X 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. A Candidate Assessment Report (CAR) is needed to determine the location of the new bridge and associated improvements. Upon completion of the CAR, MCDOT will begin the environmental review, including the environmental justice review and permitting process in addition to preliminary engineering (30% design). Ultimately, MCDOT intends to request BIP Bridge Project funds to assist in the funding of a new high- capacity bridge over the Gila River once all pre-construction activities are completed. BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 15 of 19 SCHEDULE I 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 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.) X 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.) X 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. BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 16 of 19 2. Supporting Narrative. The Planning Level Study, as well as any future Design efforts, will incorporate Title VI requirements in Consultant Selection, Public Engagement and all methods per the Maricopa County Department of Transportation Title VI Non-Discrimination Plan. This will be accomplished through Title VI analysis of the area to minimize impact to protected classes, public outreach/educational materials in languages other than English where need is identified, Public Engagement through Public Open Houses/Virtual Meetings/Flyers/Surveys Any other action identified as needed to meet the needs documented in the Title VI analysis. BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 17 of 19 SCHEDULE J LABOR AND WORK 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: 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.) BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 18 of 19 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.) X 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 good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) X The Recipient has not yet taken actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) X The Recipient has not taken actions related to the Project to improving good- paying jobs and strong labor standards and will not take those actions under this award. 2. Supporting Narrative. The Planning Level Study, as well as any future Design efforts, will comply with all Federal, State, and local laws, local ordinance, and regulation including FHWA 1273 and Arizona Revised Statute § 41-4401. See summary that follows. BIP FY 2022 NON-STATE DOT DIRECT PLANNING AND CAPITAL GRANT AGREEMENT 19 of 19 MCDOT will comply with FHWA 1273 specification requirements that wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. This will include periodic inspection requires as outlines in parts 1 through d. In addition, Consultants must warrant that they are in compliance with Arizona Revised Statue 41-4401 with includes: (1) CONSULTANT and its subconsultants, if any, warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. §23-214, subsection A; (2) That a breach of a warranty under subsection 1 above, shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contracts; (3) That the contracting government entity retains the legal right to inspect the papers of any CONSULTANT or subconsultant employee who works on the contract to ensure that the CONSULTANT or subconsultant is complying with the warranty provided under subsection 1 above and that the CONSULTANT agrees to make all papers and employment records of said employee(s) available during normal working hours in order to facilitate such an inspection.