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HomeMy WebLinkAbout _ 4.11(g)--Accept the Clean CA Local Grant Program Funds and Authorize Agreements and ResolutionsC IT Y OF REMDINO�" AN CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: February 6, 2024 FROM: Michael Webb, Public Works ITEM NO. 4.11(g) Director ***APPROVED BY*** Am 6eau *'orksMirectcrs tf9/2024ry 1pis n, Ci ars e 1/31/2024 mwebb@cityofredding.org btippin@cityofredding.org SUBJECT: 4.11(g) --Accept the California Department of Transportation's Clean California Local Grant (CCLG) Program Funds, and Authorize Agreements and Resolution for the three CCLG Cycle 2 Program Grant awards. Recommendation Authorize the following actions regarding the California Department of Transportation's Clean California Local Grant (CCLG) Program: (1) Accept the awards and adopt Resolution for CCLG Program funds in the amounts of: (a) $4,029,000 for the Calaboose Creek Core Revitalization Project; (b) $2,111,000 for the Oregon Street Improvements Project; (c) $1,240,000 for the Redding Cultural Trail Overlook Project; (2) Authorize the City Manager to execute the CCLG Program Restricted Grant Agreements, any amendments, sub -recipient agreements and the associated documentation; and (3) Adopt Resolution approving and adopting the 32nd Amendment to City of Redding Budget Resolution No. 2023-060 appropriating $7,380,000 of CCLG Program funds. Fiscal Impact In September 2023, the City of Redding (City) was awarded a total of $7,380,000 in three separate projects in Cycle 2 of the California Department of Transportations' (Caltrans) Clean California Local Grant (CCLG) Program. These funds, will finance the design and/or construction of the Calaboose Creek Core Revitalization Project, Oregon Street Improvements on Calaboose Creek, and the Redding Cultural Trail Overlook project. The Overlook Project requires a 12.5% local match ($155,000) which will be provided by in-kind staff time from the Community Services Department. The Overlook Project grant also funds $58,750 in maintenance costs through October 2026. Alternative Action The City Council (Council) may choose not to accept the Caltrans CCLG Program funds and not amend the City's budget for the appropriation of CCLG funds to the three noted projects. This action would not allow the development of the projects. Report to Redding City Council January 30, 2024 Re: 4.11(8) --Accept the Clean CA Local Grant Program Funds and Authorize Agreements and Resolutions Page 2 Background/Analysis The CCLG Program is a competitive program created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. In March 2023, Council approved applications for Cycle 2 of the CCLG for Calaboose Creek improvement projects and the trail overlook. The Calaboose Creek application was ultimately split into two applications with one covering the north section of Calaboose Creek from Yuba Street north to Shasta Street, and the southern section that addressed the creek corridor from Placer Street south to Liberty Street along Waldon Street. The City was informed in September 2023 that all three applications were awarded. In order to utilize the CCLG Program funds, the Council must formally accept the CCLG Program grant, and approve a resolution amending the City's budget to accommodate the additional Project funds. The grant agreements and approving resolution are attached. Calaboose Creek Core Revitalization Project, $4,029,000 - The Calaboose Creek Core Revitalization project focuses on unused excess City right-of-way (ROW) in the City's downtown core. The project seeks to enhance this excess ROW with road improvements, sidewalks, parking spaces, and lighting. The areas improved follow the original creek bed of Calaboose Creek from its emergence under Placer Road at Railroad Avenue south along Waldon and Gold Street to Liberty Street. The project includes separated trails with curb, gutter, and sidewalk (10'-12' foot in width), water -efficient landscaping, and decorative art fences created by local community artists. The project would rebuild, restore, and enhance the areas around this creek downtown and adjacent to the railroad tracks. This creek and its corridor provide an opportunity to enhance value to surrounding businesses and residences as well as establish a new and beautiful destination place in downtown Redding. A major element of this grant award and the Oregon Street Project as well, is the inclusion of a grant partner that will aid in the landscape design, maintenance, clean-up, job -training and general trash collection for a minimum of three years. In this award and the Oregon Street Project, the local non-profit Plantable Inc., was the grant partner to complete these tasks for the City. Plantable will provide the staff to maintain the landscaping and general cleanliness of these facilities and the surrounding areas in downtown Redding. Staff will return at a later date when adequate information is available to prepare a draft sub -recipient agreement that includes maintenance. In addition, the grant includes funding for two, electric, three wheeled bicycles that will be utilized by Plantable staff to maintain these facilities. 2. Oregon Street Improvement Project - $2,111,000 - The project is also adjacent to the Calaboose Creek drainage, which runs north -south partially underground along the east side of Oregon Street from Yuba Street north to Shasta Street. The Oregon Street Project encloses and protects approximately 460 feet of the open drainage portions of the Creek to prevent litter from entering Calaboose Creek which serves as a spawning ground for the endangered Chinook salmon further south of the project area. The enclosed drainage allows for sidewalk infill with a ten -foot sidewalk along the east side of Oregon Street to close a critical sidewalk gap and better connects the underserved community to the many commercial, government, and transit services within the immediate vicinity of the project area. Report to Redding City Council January 30, 2024 Re: 4.11(8) --Accept the Clean CA Local Grant Program Funds and Authorize Agreements and Resolutions Page 3 3. Redding Overlook $1,240,000 - The project will create a high-quality park asset i, trail connection. i Pacific projectRailroad and Benton Drive along the Diestelhorst to the downtown river trail extension. The addresses public concernsi • maintaining this beloved improveand will conditions of i #• i essential northconnections between the i of i on 'i and longstanding hopesof t,l Native community members Redding Cultural Trail asset that celebrates local Native people and their culture, defined at the • i of o residentsall of i In addition to the design and construction of the Overlook, the grant funds non - infrastructure elements as well. As proposed in the grant application, the project will partner with Shasta Living Streets for a ribbon cutting celebration and a series of activation events throughout the project performance period. Staff will negotiate a contract with Shasta Living Streets in the amount of $160,000 to provide these services after grant acceptance. The contract will be reviewed, approved and executed by the City Manager. Environmental Review Funding acceptance is not a project as defined by the California Environmental Quality Act (CEQA), and no further action is required at this time. Acceptance of the grant funds will allow the applicable design and environmental technical studies to proceed. On June 15, 2021, Council adopted the Mitigated Negative Declaration, the Mitigation Monitoring Program, and approved the Oregon Street Improvements Project as described, thereby satisfying the requirements of the CEQA Guidelines § 15074. Council Priority/City Manager Goals • Economic Development — "Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community." Attachments ^Resolution ^Budget Resolution ^Restricted Grant Agreement_Approved Draft ^Location Map ^Cycle 2 RGA Template—City of Redding_Calaboose Creek Project—CERT ^Cycle 2 RGA Template—City of Redding_Oregon Street Improvements Project CERT Calaboose Creek Concept Plans Previous Staff Report 6-15-2021 Overlook Conceptual Site Plan Previous Staff Report - March 21, 2023, Item 4.6 (a) - Grant Application RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ENTER A CONTRACT WITH CALTRANS ON BEHALF OF THE AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF REDDING'S CALABOOSE CREEK CORE REVITALIZATION PROJECT, OREGON STREET IMPROVEMENTS PROJECT AND CULTURAL TRAIL OVERLOOK PROJECT WHEREAS, the City Council of the City of Redding is eligible to receive Federal and/or State funding for certain transportation planning related plans through the California Department of Transportation; and WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Clean California Local Grant Program; and WHEREAS, the City of Redding wishes to delegate authorization to execute these agreements and any amendments thereto; and NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Redding authorizes the City Manager, or designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation. I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 6th day of February, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: SHARLENE TIPTON, City Clerk TENESSA AUDETTE, Mayor CHRISTIAN M. CURTIS, City Attorney RESOLUTION NO. 2024- A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 32ND AMENDMENT TO CITY BUDGET RESOLUTION NO. 2023-060 APPROPRIATING $7,380,000 IN STATE GRANT FUNDING FOR THE CALABOOSE CREEK CORE REVITALIZATION, OREGON STREET IMPROVEMENT, AND REDDING CULTURAL TRAIL OVERLOOK PROJECTS FOR FISCAL YEAR 2023- 2024 THAT Budget Resolution No. 2023-060 be and is hereby amended as follows: FUND DIVISION DESCRIPTION INCREASE DECREASE 151 1671 Transportation Grant Projects $6,140,000 152 1791 Parks Grants $1,240,000 THAT account titles and numbers requiring adjustments by this Resolution are as follows: Increase (Decrease) Revenue 151-1671-3629001-00000 152-1791-3629601-00000 Increase Expenditures 151-1671-7700004-00000 1.52-1791-7200008-00000 State Grant Capital - Pubhc Works State Grant Capital - Recreation & Culture Streets Recreation Areas Total USE SOURCE OF FUNDS OF FUNDS $ 6,140,000 $ 1,240,000 $ 6,140,000 $ 1,240,000 7190 000 7 190 000 THAT the purpose is to appropriate $7,380,000 in State grant funding for the Calaboose Creek Core Revitalization, Oregon Street Improvement, and Redding Cultural Trail Overlook projects for the fiscal year 2023-2024. I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 6th day of February, 2024, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: SHARLENE TIPTON, City Clerk TENESSA AUDETTE, Mayor CHRISTIAN M. CURTIS, City Attorney City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 1 of 19 Clean California Local Grant Program (State) Restricted Grant Agreement This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Redding, hereinafter referred to as AGENCY, will commence on September 15, 2023, or upon approval by CALTRANS whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2026. Recitals 1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA. 2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non -grant agreement shall be subject to this RGA. Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows: Section 1 AGENCY Agrees: To timely and satisfactorily complete all Project work described in Attachment III ("Project Work") within the project budget and in accordance with the items of this RGA. Section 11 CALTRANS Agrees: That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations. Section III It Is Mutually Agreed: Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41. The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS' budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program. City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 2 of 19 2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment 1), and the funds may only be used for costs and expenses that are directly related to such purpose. 3. AGENCY shall perform all the duties and obligations described in Redding Cultural Trail Overlook, hereinafter "Project", subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment 111), which are attached hereto as Attachment III. 4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV. 5. AGENCY is not requesting an advance payment pursuant to California Streets and Highways Code section 94.41(e) "AGENCY agrees that it is not requesting an advance payment, and that it may not hereafter request an advance payment". 6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(x)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment 1). California Government Code Section 14460(a)(1) provides: "The department CALTRANS, and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department." City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 3 of 19 7. Project funding is as follows: Fund Title* Fund Source Dollar Amount Clean California Local Grant Funds State General Fund (0001) Budget Item 2660-130-0001 State Program Code 20.30.010.900 FY 2023/24 $1,240,000.00 Cash Local Match Agency Provided $155,000.00 Value of Third -Party In -Kind Contributions Agency Provided $0.00 Total of Local Funds Agency Provided $0.00 Total of other fund sources (not in-kind contributions) Agency Provided $0.00 Total Participating Costs $1,395,000.00 Total Non -Participating Costs $0.00 Total Project Costs $1,395,000.00 Notes: *Means the amounts in this column only include participating costs. No in-kind contributions may be made unless the amount and type of the contribution is identified above. For Caltrans Use Only I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance. Jie Chen12/20/2023 $1,240,000.00 Accounting Officer Printed Name Accounting Officer Signature Date Amount Certified 8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops. Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56. 9. Notification of Parties a. AGENCY's Project Manager for Project is Travis Menne, (530) 225-4085. b. CALTRANS' District Grant Manager is Azhar Latif, (530) 768-0514. "District Grant Manager' as used herein includes his/her designee. c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 4 of 19 City of Redding Attention: Travis Menne, Director of Community Services Phone Number: (530) 225-4085 Email: tmenne@cityofredding.org 777 Cypress Avenue Redding, California 96001 California Department of Transportation District 2/Division of Planning and Local Assistance Attention: Azhar Latif, Local Assistance Engineer Phone Number: (530) 768-0514 Email: Azhar.Latif(a�dot.ca.gov 1657 Riverside Drive, MS #5 Redding, California 96001 10. Period of Performance a. Reimbursable work under this RGA shall begin no earlier than on September 15, 2023, following the written approval of CALTRANS and AGENCY's receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2026. Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2026. Work incurred after June 30, 2026 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2026. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2026 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Grant Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS. 11. Changes in Terms/Amendments This Agreement may only be amended or modified by mutual written agreement of the parties. 12. Cost Limitation a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $1,240,000.00. b. It is agreed and understood that the CCLGP funds are limited to the amount granted. CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Grant Manager at or below that fund limitation established herein. 13. Termination a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with Project Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non -cancelled costs up to the date of termination. AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation. b. This RGA may be terminated by either party for any reason by giving written notice to the other City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 5 of 19 party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre -authorized in writing, and non -cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA. Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS. 14. Budget Contingency Clause a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect. In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA. b. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount. 15. Payment and Invoicing a. AGENCY, its contractors, subcontractors, and sub -recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub -recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices. b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment 11 and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III—Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III—Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment 111 without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 6 of 19 Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non -represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketquide.dot.ca.gov/. Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least every six months, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Grant Manager. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Grant Manager, as stated in Section III—Notification of Parties, Item 8c. g. Invoices shall be complete with all of the following sections in the invoice completed: 1) Section 1: Invoice 2) Section 2: Indirect Cost Calculation, if the AGENCY is seeking reimbursement for indirect costs 3) Section 3: Billing Summary 4) AGENCY shall submit a completed detailed contractor award package, including final cost estimates, to CALTRANS after the project has been awarded to the contractor. The award package shall be submitted to CALTRANS with the first invoice that the AGENCY is seeking reimbursement for the contractor for. h. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction. Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III—Termination, Item 12. i. CALTRANS will reimburse AGENCY for all allowable Project costs at least every 6 months, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice. j. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until November 1, 2026 to make final allowable payments to Project contractors or vendors, and submit the Project's Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. k. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2026. 16. Local Match Funds a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or 6 -month basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III—Project Funding, Item 6, the contributions may be counted as cash only when they are actually City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 7 of 19 received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2026. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment 1); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section Ill, Paragraph 7 with the final invoice. 17. Quarterly Progress Reporting a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Grant Manager to determine if AGENCY is performing to expectations, on schedule, within funding cost limitations, communicating interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. 18. Cost Principles a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY agrees, and will assure that its contractors, sub -recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Every sub -recipient receiving Project funds as a sub -recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 GFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third -party source, including, but not limited to, the State Treasurer, the State Controller, or any other fund source. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment 11, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: haps://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/lapm/ch05.pdf. City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 8 of 19 e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above. 19. Americans with Disabilities Act By signing this Agreement, AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.). 20. Iran Contracting Act and State of California Executive Order N-6-22 AGENCY must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that AGENCY'S proposed contractor is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List- Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless the proposed contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement. Additionally, and to the extent applicable, AGENCY shall adhere to State of California Executive Order N-6-22, issued on March 4, 2022, with regard to proposed contractor. 21. Indemnification a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA. It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS' officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA. b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys' fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, "VARA"), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property. City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 9 of 19 22. Nondiscrimination Clause (2 CCR 11105 Clause b) a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause. d. AGENCY and its contractors, its sub -recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub -recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA. 23. Retention of Records/Audits a. AGENCY, its contractors, subcontractors, and sub -recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY, its contractors, subcontractors, and sub -recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub -recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors, and sub -recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub -recipients upon receipt of any request made by CALTRANS or its City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 10 of 19 agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY's external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY's contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY's sub -recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA. e. Additionally, all grants may be subject to a pre -award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable, and allocable costs. f. Any contract with a contractor, subcontractor, or sub -recipient entered into as a result of this RGA shall contain all the provisions of this article. 24. Adjudication of Facts in Disputes a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law. b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA. 25. INTENTIONALLY DELETED 26. Third -Party Contracts a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 11 of 19 written notification by the CALTRANS District Grant Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State -government -funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY's laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Public Contract Code, Section 2000 et. seq.); a qualifications -based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Government Code, Section 4525 et. seq. and Chapter 10 of the Caltrans Local Assistance Procedures Manual); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 26, Third - Party Contracts. The SCM can be found at the following link: hftps://www.dgs. ca.gov/O LS/Resources/Page-Content/Office-of-Legai-Services-Resources- List-Folder/State-Contracting. Chapter 10 of the Caltrans Local Assistance Procedures Manual can be found at the following link: https:gdot.ca.gov/programs/local- assistance/quidelines-and-procedures/local-assistance-procedures-manual-lapm. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY's sub -recipients, contractors, and subcontractors. Copies of all agreements with sub -recipients, contractors, and subcontractors, must be able to be provided upon request to the CALTRANS District Grant Manager. d. CALTRANS does not have a contractual relationship with the AGENCY's subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior notification in writing by the CALTRANS District Grant Manager shall be required before AGENCY enters into any non -budgeted sub -agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III—Payment and Invoicing, Item 14b, above. 27. Drug -Free Workplace Certification By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug -Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug -Free workplace by doing all of the following: 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, as required by Government Code Section 8355(a). b. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following: City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 12 of 19 1) The dangers of drug abuse in the workplace. 2) The person's or organization's policy of maintaining a Drug -Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant: 1) Will receive a copy of the company's Drug -Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above. 28. Relationship of Parties It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. 29. State -Owned Data a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media: 1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government -certified Advanced Encryption Standard (AES) cipher algorithm with a 256 -bit or 128 -bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space. 2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules. 3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another. 4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only. 5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Grant Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 13 of 19 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1). 30. CALTRANS' Use of "Before" and "After" Project Photographs a. AGENCY acknowledges it provided a "Before" photograph of the Project with the AGENCY's application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an "After" photograph of the Project as part of the close out reporting process. b. AGENCY warrants it is the copyright owner of the "Before" and "After" Project photographs. c. Neither the "Before" nor "After" Project photographs shall include the faces of any individuals. d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty -free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the "Before" and "After" Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. 31. Limited Grant of Rights to CALTRANS for Use of Educational Programming ("educational programming") Created or Produced for Project and Visual Art Located Outside of State Right -of - Way ("Artwork") Created or Produced for Project a. Educational programming: AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty -free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty -free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 14 of 19 (including television and social media campaigns), education, and exhibition catalogues or other similar publication. iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork: AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty -free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty -free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. 32. Government Purpose Rights for Inventions a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement, or development regardless of patentability made solely by AGENCY or jointly with the AGENCY's contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 15 of 19 RGA. b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. "Government Purpose Rights" are the unlimited, irrevocable, worldwide, perpetual, royalty -free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. "Government Purpose Rights" also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. "Government Purpose Rights" do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose. 33. Additional Intellectual Property Provisions a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA. b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the "Before" and "After" Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty -free, sublicensable, unlimited, worldwide license. c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of "Before" or "After' Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form: © [Artist/Copyright owner's name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner's name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA. i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation. ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS. e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub -recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 16 of 19 contractors, subcontractors, subrecipients, and service vendors (hereinafter "AGENCY's Contractor/Subcontractor/Subrecipient") providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY's Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY's Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY's Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing. 34. Visual Art Located on California State Right -of -Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS' most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS' Transportation Art program can be found at hftps://dot.ca. ovq /programs/design/lap-landscape-architecture-and- community-livability/lap-liv i -transportation -art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS' Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS' Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, "VARA") of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS' Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-of- way. 35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY's indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY's employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY's employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents, and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 17 of 19 paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees. 36. Mandatory Organic Waste Recycling It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if proposed contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY shall ensure that the proposed contractor arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Proposed contractor shall provide AGENCY proof of compliance, i.e., organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling. AGENCY must be able to provide this proof upon request from CALTRANS District Grant Manager. 37. Project Close Out/Closeout Report a. AGENCY will provide a final close out report to the CALTRANS District Grant Manager no later than November 1, 2026. CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report. b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Grant Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2026. 38. ADA Compliance All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention. 39. Prevailing Wages and Labor Code Compliance AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY's work on or for the Project. 40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply: 1. This Restricted Grant Agreement (as amended); II. The CALTRANS Local Grant Program Guidelines; III. Approved Indirect Cost Rate (if applicable); IV. Approved Grant Application (as amended); and V. AGENCY Resolution. 41. Survival AGENCY's representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 18 of 19 establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA. 42. Sanctions No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect. Section IV Attachments: City of Redding Agreement Number: CCL -5068-070 AMS ADV ID: 0224000036 Page 19 of 19 The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto. I. Grant Program Guidelines 11. Approved Indirect Cost Rate (if applicable) III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written: STATE OF CALIFORNIA CITY OF REDDING DEPARTMENT OF TRANSPORTATION LIM 0 Printed Name: Printed Name: Gretchen Chavez Title: Title: Office Chief Office of Innovative Programs Division of Local Assistance Date: Date: By: Printed Name: Title: Date: OREGON STREET / IMPROVEMENT PROJECT LOCATION f CULTURAL OVERLOOK PROJECT LOCATION T CALABOOSE CREEK REVITALIZATION PROJECT LOCATION PUBLIC WORKS DEPARTMENT T EXHIBIT A CLEAN CALIFORNIA GRANTS CYCLE 2 LOCATION MAP City of Redding Agreement Number: CCL -5068-068 AMS ADV ID: 0224000035 Page 1 of 19 Clean California Local Grant Program (State) Restricted Grant Agreement This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Redding, hereinafter referred to as AGENCY, will commence on September 15, 2023, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2026. Recitals 1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA. 2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non -grant agreement shall be subject to this RGA. Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows: Section I AGENCY Agrees: To timely and satisfactorily complete all Project work described in Attachment III ("Project Work") within the project budget and in accordance with the items of this RGA. Section 11 CALTRANS Agrees: That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations. Section III It Is Mutually Agreed: Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41. The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS' budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program. City of Redding Agreement Number: CCL -5068-068 AMS ADV ID: 0224000035 Page 2 of 19 2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment 111), and the Grant Program Guidelines (Attachment 1), and the funds may only be used for costs and expenses that are directly related to such purpose. 3. AGENCY shall perform all the duties and obligations described in Calaboose Creek Core Revitalization Project, hereinafter "Project", subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III. 4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV. 5. AGENCY is not requesting an advance payment pursuant to California Streets and Highways Code section 94.41(e) "AGENCY agrees that it is not requesting an advance payment, and that it may not hereafter request an advance payment 6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment 1). California Government Code Section 14460(a)(1) provides: "The department CALTRANS, and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department." City of Redding Agreement Number: CCL -5068-068 AMS ADV ID: 0224000035 Page 3 of 19 7. Project funding is as follows: Fund Title* Fund Source Dollar Amount Clean California Local Grant Funds State General Fund (0001) Budget Item 2660-130-0001 State Program Code 20.30.010.900 FY 2023/24 $4,029,000.00 Cash Local Match Agency Provided $0.00 Value of Third -Party In -Kind Contributions Agency Provided $0.00 Total of Local Funds Agency Provided $0.00 Total of other fund sources (not in-kind contributions) Agency Provided $0.00 Total Participating Costs $4,029,000.00 Total Non -Participating Costs $0.00 Total Project Costs $4,029,000.00 Notes: *Means the amounts in this column only include participating costs. No in-kind contributions may be made unless the amount and type of the contribution is identified above. For Caltrans Use Only I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance. Jie Chen —"= 11/20/2023 $4,029,000.00 Accounting Officer Printed Name Accounting Officer Signature Date Amount Certified 8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops. Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56. 9. Notification of Parties a. AGENCY's Project Manager for Project is Zachary Bonnin, (530) 225-4049. b. CALTRANS' District Grant Manager is Azhar Latif, 530-768-0514. "District Grant Manager" as used herein includes his/her designee. c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: City of Redding Agreement Number: CCL -5068-068 AMS ADV ID: 0224000035 Page 4 of 19 City of Redding Attention: Zachary Bonnin, Transportation Planner Phone Number: (530) 225-4049 Email: zbonnin@cityofredding.org 777 Cypress Avenue Redding, California 96001 California Department of Transportation District 2/Division of Planning and Local Assistance Attention: Azhar Latif, Local Assistance Engineer Phone Number: (530) 768-0514 Email: Azhar.Latif@dot.ca.gov 1657 Riverside Drive, IVIS #5 Redding, California 96001 10. Period of Performance a. Reimbursable work under this RGA shall begin no earlier than on September 15, 2023, following the written approval of CALTRANS and AGENCY's receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2026. Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2026. Work incurred after June 30, 2026 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2026. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2026 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Grant Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS. 11. Changes in Terms/Amendments This Agreement may only be amended or modified by mutual written agreement of the parties. 12. Cost Limitation a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $4,029,000.00. b. It is agreed and understood that the CCLGP funds are limited to the amount granted. CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Grant Manager at or below that fund limitation established herein. 13. Termination a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with Project Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non -cancelled costs up to the date of termination. AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation. b. This RGA may be terminated by either party for any reason by giving written notice to the other City of Redding Agreement Number: CCL -5068-068 AMS ADV ID: 0224000035 Page 5 of 19 party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre -authorized in writing, and non -cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA. Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS. 14. Budget Contingency Clause a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect. In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA. b. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount. 15. Payment and Invoicing a. AGENCY, its contractors, subcontractors, and sub -recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub -recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices. b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment 11 and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section 111—Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section 111—Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of City OfRedding Agreement Number: CCL -5O8-088 AMS ADV ID: 02240O0O35 Page O0f19 Transportation Independent Office OfAudits and Investigations 0rfederal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per them rates are not to exceed the rate specified by the State of California Department 0fHuman Resources for similar employees (i.e.non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available hoAGENCY, its oubneoipienta' contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process 8tthe following |iD��. Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices k} CALTRAyJS atleast every six nn0nth3, but no more frequently than rnVn|hk/. in arrears upon completion Vfproject t8ShS. rni|8St0n8 and/or deliverables in accordance with the Project Timeline in Attachment UKV to the satisfaction ofCALTRANS District Grant Manager. Invoices shall reference this RGA Number and eho|| be signed and submitted to CALTRAyJSDistrict Grant yW8O@g8 ' as St8i8d in Section III—Notification of Parties, Item 8c. g. Invoices shall becomplete with all Ufthe following SeCtiOOS in the iOVOiC8 COnOp|8t8d: 1) Section 1:Invoice 2) Section 2: Indirect Cost Calculation, if the AGENCY is seeking reimbursement for indirect costs 3\ Section 3: Billing Summary 4\ AGENCY shall submit 8 completed detailed contractor award pGCh@A9, including final COSt estimates, toCALTRANS after the project haebeenexvardediothecontnsctor.Theavvard package shall besubmitted LoCALTRAydSwith the first invoice that the AGENCY is seeking reimbursement for the contractor for. h. Incomplete orinaccurate invoices shall bereturned [uthe AGENCY unapproved for correction. Failure to submit invoices on a timely basis may be grounds for termination of this RGA for no8tHriG| breach per Section |||—T8rnoin8U0n. Item 12. i. CALTRAyJS will reimburse AGENCY for all G||OwGb|H Project COStG at least every 0 m0nthS, but nomore frequently than monthly, inarrears aepromptly aaCALTRAPJS fiscal procedures permit upon receipt Vf8nitemized signed invoice. j The RGA Expiration []8t8 refers to the |GSt date for AGENCY to incur valid Project costs or credits and iethe date this RGA expires. AGENCY has until November 1.2O2810make final allowable payments toProject con[raotoreorvendora.andeubmiLiheP jeot'oFina|Report.ae defined inAttachment Uand @ final invoice t0CALTRANSfor reimbursement for allowable Project costs. Any unexpended PjeCtfUDdSDOtiOVOiCedbythe8Othd8yVVi||benBVe[tedGOd will DO longer beaccessible tOreimburse |Gt0 Project invoices contractor. h. The final invoice will be paid upon submission by AGENCY to CALTRANS and 8CC9ct2nCe by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted toCALTRANSbyNovember 1,2O28. 18.Local Match Funds 8. AGENCY shall contribute not |8SS than 8 proportional CGSh amount toward the services described herein OO 8 [OODth|y or 6 -month basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III—Project City of Redding Agreement Number: CCL -5068-068 AMS ADV ID: 0224000035 Page 7 of 19 Funding, Item 6, the contributions may be counted as cash only when they are actually received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2026. b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment 1); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7 with the final invoice. 17. Quarterly Progress Reporting a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Grant Manager to determine if AGENCY is performing to expectations, on schedule, within funding cost limitations, communicating interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. 18. Cost Principles a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY agrees, and will assure that its contractors, sub -recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Every sub -recipient receiving Project funds as a sub -recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third -party source, including, but not limited to, the State Treasurer, the State Controller, or any other fund source. d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at hftps://dot.ca.gov/-/media/dot- City OfRedding Agreement Number: CCL -5O8-088 AMS ADV ID: 02240O0O35 Page 80f19 e. AGENCY agrees and shall require that all its agreements with consultants and eubrecpienta contain provisions requiring adherence UJ this section in its entirety except for section c. above. 1S.Americans with Disabilities Act By signing this Agreement, AGENCY assures CALTRANS that in the course of performing Project Work, itwiUfu|k/C00Dpk/vvithUl8Gpp|iC8b|HpFOvSiODSOffh8/\Rl8hC8DSvvhhOiS8bi|itiHS Act (ADA)Of1900.8Samended, which prohibits discrimination ODthe basis Ofdisability, 8Swell as all Gpp|iC@b|9 n9gu|8U0nS and guidelines issued pursuant k)the ADA (42 USC Section 12101 8tSHq.). 20. |nsn Contracting Act and State of California Executive Order y4-8-22 AGENCY must complete and submit [oCALTRAJNSthe Iran Contracting Act Certification certifying that AGENCY'S proposed contractor iSnot 0nthe most current DGS list 0fEntities Prohibited from Contracting with Public Entities in California per the |n8D Contracting Act, 2010 \,b8f0n8th9Aon88n09Ofh8Sb89D8n9CUU3d'UO|RSSth8 proposed contractor is exempted from the certification requirement by Public Contract Code Section 2205(C) or /d\. If claiming an eX80pUOD' the proposed contractor shall provide VYhttHO evidence that supports 8nexemption under Public Contract Code Section 22O3(C)0r(d)before execution 0fthe Agreement. Additionally, and t0the extent applicable, AGENCY shall adhere to State OfCalifornia Executive Order N-8-22.issued ODMarch 4.2O22'with regard tOproposed COOt[8ctO[. 21. Indemnification a. Neither CALTRAPdSnor any officer uremployee thereof ieresponsible for any injury, darnage' or liability occurring by reason of anything done or omitted to be done by AGENCY, its Vff|08nG. ernp|Vy8eG. agents, its COntr@Ct0nG. its Gubn9Cipi9ntG. Or its subcontractors under 0rin connection with any vv0rk. authority, or jurisdiction conferred upon AGENCY under this F<G/\. It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all ofCALTRAyJS' officers and employees from all c|aimna, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §Q3344and 3344.1.inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, 0rsubcontractors under this RGA. b. AGENCY agrees tofully defend, indemnify, and save harmless CALlFRANS and all ofits officers and employees from any and all claims, lawsuits, O[legal actions, including reasonable @ttVrney8'f88Gand legal CO8tG, relating t0intellectual property claims arising from or related to the Project and/or any work pnDCur8d under this RG/\, including but not limited to claims based OO/1\U.8.federal Orstate trademark infringement laws, (2)patent infringement laws (3)17U.G.C. §@1O1-81O(the Copyright Act Vf197G.@GmVdifi8d\.(4)17U.G.C. § 1OOA(a) (the Visual Artists Rights Act Of1Q90.^\V\RA'').(5)17U.8.C.Q113.(G)California Civil Code §987(the California Art Preservation Ao).California Civil Code §080,or(7)any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections ofthe same nature aothose conveyed under 17U.S.C. 810SA(o)and California Civil Code&987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property. City of Redding Agreement Number: CCL -5068-068 AMS ADV ID: 0224000035 Page 9 of 19 22. Nondiscrimination Clause (2 CCR 11105 Clause b) a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause. d. AGENCY and its contractors, its sub -recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub -recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA. 23. Retention of Records/Audits a. AGENCY, its contractors, subcontractors, and sub -recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY, its contractors, subcontractors, and sub -recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub -recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors, and sub -recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its City of Redding Agreement Number: CCL -5068-068 AMS ADV ID: 0224000035 Page 10 of 19 subcontractors, and sub -recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY's external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY's contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY's sub -recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA. e. Additionally, all grants may be subject to a pre -award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable, and allocable costs. f. Any contract with a contractor, subcontractor, or sub -recipient entered into as a result of this RGA shall contain all the provisions of this article. 24. Adjudication of Facts in Disputes a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law. b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA. 25. INTENTIONALLY DELETED 26. Third -Party Contracts a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior City of Redding Agreement Number: CCL -5068-068 AMS ADV ID: 0224000035 Page 11 of 19 written notification by the CALTRANS District Grant Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State -government -funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY's laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Public Contract Code, Section 2000 et. seq.); a qualifications -based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Government Code, Section 4525 et. seq. and Chapter 10 of the Caltrans Local Assistance Procedures Manual); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 26, Third - Party Contracts. The SCM can be found at the following link: tt s:1/www.d s,ca, ov/{SLS/ResourceslPac e-Content/Office-of-Le al-Services-Resources- List-Folder/State-Contracting. Chapter 10 of the Caltrans Local Assistance Procedures Manual can be found at the following link: htt s:Hdot.ca.aov/pro„ rams/local- assistance/ uidelines-and- rocedures/local-assistance® rocedures-manual-la m. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY's sub -recipients, contractors, and subcontractors. Copies of all agreements with sub -recipients, contractors, and subcontractors, must be able to be provided upon request to the CALTRANS District Grant Manager. d. CALTRANS does not have a contractual relationship with the AGENCY's subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior notification in writing by the CALTRANS District Grant Manager shall be required before AGENCY enters into any non -budgeted sub -agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III—Payment and Invoicing, Item 14b, above. 27. Drug -Free Workplace Certification By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug -Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug -Free workplace by doing all of the following: 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, as required by Government Code Section 8355(a). b. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following: City OfRedding Agreement Number: CCL -5O8-088 AMS ADV ID: 02240O0O35 Page 12Vf19 1\ The dangers 0fdrug abuse inthe workplace. 2\ The person's or organization's policy of maintaining 8 Drug -Free workplace. 3\ Any available counseling, rehabilitation, and employee assistance programs. 4\ Penalties that may bHimposed upon employees for drug abuse violations. n. Provide, earequired bxGovernment Code Section 8355(a)(3\.that every employee who works onthe proposed contract orgrant: 1\ Will receive Gcopy 0fthe company's Drug -Free policy statement. 2\ Will agree to abide by the terms of the company's statement as a condition of employment onthe contract orgrant. d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts ifCALTRANSdetermines that any ofthe following has occurred: (1) AGENCY has made a false certification or. (2) AGENCY violates the certification by failing to carry out the requirements @Snoted above. 28.Relationship ofParties |tiSexpressly understood that this agreement iSexecuted byand between two (2)independent governmental entities and iSnot intended to, and shall not b8construed to, create the relationship of agent, servant, 8mp|0y88. partnership, jointv8ntur8 or association, or any other relationship whatsoever other than that Of8Oindependent party. 29. State -Owned Data @. AGENCY agrees t0comply with the following requirements bJensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media: 1\ Encrypt all State-owned data stored 0nportable computing devices and portable electronic storage media using govern ment-certified Advanced Encryption Standard (AES) cipher algorithm with a 256 -bit or 128 -bit encryption key to protect CALTRANS data stored 0nevery sector Of8hard drive, including temp files, cached data, hibernation files, and even unused disk space. 2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic K80du|88. 3) Encrypt, as described above, all State-owned data transmitted from one computing device urstorage medium toanother. 4\ Maintain confidentiality Ofall State-owned data bylimiting data sharing t0those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only. 5\ Install and maintain current anti-virus software, security patches, and upgrades 0nall computing devices used during the course Ofthe Agreement. 8\ Notify the CALTRANSDistrict Grant Manager immediately ofany actual orattempted ViO|8tiODS Ofsecurity OfState-owned data, including |OSt or stolen CO0pUUDg devices, fi|eS. Orportable electronic storage media containing State-owned data. City of Redding Agreement Number: CCL -5068-068 AMS ADV ID: 0224000035 Page 13 of 19 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1). 30. CALTRANS' Use of "Before" and "After" Project Photographs a. AGENCY acknowledges it provided a "Before" photograph of the Project with the AGENCY's application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an "After" photograph of the Project as part of the close out reporting process. b. AGENCY warrants it is the copyright owner of the "Before" and "After" Project photographs. c. Neither the "Before" nor "After" Project photographs shall include the faces of any individuals. d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty -free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the "Before" and "After" Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. 31. Limited Grant of Rights to CALTRANS for Use of Educational Programming ("educational programming") Created or Produced for Project and Visual Art Located Outside of State Right -of - Way ("Artwork") Created or Produced for Project a. Educational programming: AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty -free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty -free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns City OfRedding Agreement Number: CCL -5O8-088 AMS ADV ID: 02240O0O35 Page 14Vf19 (including television and social media C8rnp8igny).education, and exhibition catalogues 0r other SinOi|8[ publication. iii. When applicable, AGENCY shall obtain and provide b]CALTRAydSany and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. iv. TO the extent any |OgOS, including trademarks or service 08[kS, belonging to third p8di8G and/or the AGENCY are used oneducational programming created orproduced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents OfCALTRANS to use the logos inconnection with use Ofthe educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork: AGENCY shall obtain from the ).Orany other copyright owner(s) of Artwork.G SUb|iDeOS8b|e' i[ReVOC8b|8. perpetual, royalty -free, unlimited, worldwide license iOprepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and inprint, VfArtwork created 0rproduced for Project und8rthiSF!GA.0r derivatives thereof, for non-commercial purposes or any State government purposes. This iOC|Ud8S, but iSnot limited to, nBpnOdUCtiODS used in bPOChU[HS' media publicity, public outreach campaigns (including television and social media CGnop@ignG).education, and exhibition catalogues orother similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALlFRANS an described in this RGA. AGENCY grants bJ CALTRANS an irnev0C@b|e, perpetual, royalty -free, Sub|iC8nS8b|e. unlimited, worldwide license tOprepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print. of Artwork created 0rproduced for Project underthiGRGA.orderivaUveGther80f.f0rn0n-ComnnerCi@| purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and G0Cia| media campaigns), education, and exhibition catalogues orother similar publication. iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines iGnecessary Vrdesirable 0Jperfect the license Vrsublicense described inthis RGA to CALTRANS.This documentation shall b8provided UJCALTRAyJS within fifteen (15) days Ofwritten notice that this documentation is required. 32.Government Purpose Rights for Inventions a. Inventions are any id8a, noEthodo|OgieG, design, QonQect, t8Chnique, inv8nU0n, discovery, improvement, or developmentregardless ofpatentability made solely bvAGENCY orjointly with the AGENCY's contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA. provided that either the conception or reduction to City of Redding Agreement Number: CCL -5068-068 AMS ADV ID: 0224000035 Page 15 of 19 b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. "Government Purpose Rights" are the unlimited, irrevocable, worldwide, perpetual, royalty -free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. "Government Purpose Rights" also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. "Government Purpose Rights" do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose. 33. Additional Intellectual Property Provisions a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA. b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the "Before" and "After" Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty -free, sublicensable, unlimited, worldwide license. c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of "Before" or "After" Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form: © [Artist/Copyright owner's name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner's name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA. i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation. ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS. e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub -recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its City of Redding Agreement Number: CCL -5068-068 AMS ADV ID: 0224000035 Page 16 of 19 contractors, subcontractors, subrecipients, and service vendors (hereinafter "AGENCY's Contractor/S u bco ntractor/S u brec i pie nt") providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY's Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY's Contractor/Su bcontractor/S u b reci pie nt becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY's Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing. 34. Visual Art Located on California State Right -of -Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS' most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS' Transportation Art program can be found at htt�s://dotoca.gov/ roq_rams/design/iap-landscape-architecture-and- communit-livabilityllap-liv- transaortation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS' Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS' Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, "VARA") of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS' Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-of- way. 35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY's indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY's employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY's employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents, and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this City of Redding Agreement Number: CCL -5068-068 AMS ADV ID: 0224000035 Page 17 of 19 paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees. 36. Mandatory Organic Waste Recycling It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if proposed contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY shall ensure that the proposed contractor arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Proposed contractor shall provide AGENCY proof of compliance, i.e., organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling. AGENCY must be able to provide this proof upon request from CALTRANS District Grant Manager. 37. Project Close Out/Closeout Report a. AGENCY will provide a final close out report to the CALTRANS District Grant Manager no later than November 1, 2026. CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report. b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Grant Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2026. 38. ADA Compliance All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention. 39. Prevailing Wages and Labor Code Compliance AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY's work on or for the Project. 40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply: I. This Restricted Grant Agreement (as amended); II. The CALTRANS Local Grant Program Guidelines; 111. Approved Indirect Cost Rate (if applicable); IV. Approved Grant Application (as amended); and V. AGENCY Resolution. 41. Survival AGENCY's representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character City of Redding Agreement Number: CCL -5068-068 AMS ADV ID: 0224000035 Page 18 of 19 establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA. 42. Sanctions No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect. Section IV Attachments: City of Redding Agreement Number: CCL -5068-068 AMS ADV ID: 0224000035 Page 19 of 19 The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto. I. Grant Program Guidelines 11. Approved Indirect Cost Rate (if applicable) III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written: STATE OF CALIFORNIA CITY OF REDDING DEPARTMENT OF TRANSPORTATION IN la Printed Name: Printed Name: Gretchen Chavez Title: Title: Office Chief Office of Innovative Programs Division of Local Assistance Date: Date: By: Printed Name: Title: Date: City of Redding Agreement Number: CCL -5068-069 AMS ADV ID: 0224000038 Page 1 of 19 Clean California Local Grant Program (State) Restricted Grant Agreement This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Redding, hereinafter referred to as AGENCY, will commence on September 15, 2023, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2026. Recitals 1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA. 2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non -grant agreement shall be subject to this RGA. Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows: Section I AGENCY Agrees: To timely and satisfactorily complete all Project work described in Attachment III ("Project Work") within the project budget and in accordance with the items of this RGA. Section 11 CALTRANS Agrees: That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations. Section III It Is Mutually Agreed: Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41. The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS' budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program. City of Redding Agreement Number: CCL -5068-069 AMS ADV ID: 0224000038 Page 2 of 19 2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment 111), and the Grant Program Guidelines (Attachment 1), and the funds may only be used for costs and expenses that are directly related to such purpose. 3. AGENCY shall perform all the duties and obligations described in Oregon Street Improvements Project, hereinafter "Project", subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III. 4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV. 5. AGENCY is not requesting an advance payment pursuant to California Streets and Highways Code section 94.41(e) "AGENCY agrees that it is not requesting an advance payment, and that it may not hereafter request an advance payment 6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment 1). California Government Code Section 14460(a)(1) provides: "The department CALTRANS, and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department." City of Redding Agreement Number: CCL -5068-069 AMS ADV ID: 0224000038 Page 3 of 19 7. Project funding is as follows: Fund Title* Fund Source Dollar Amount Clean California Local Grant Funds State General Fund (0001) Budget Item 2660-130-0001 State Program Code 20.30.010.900 FY 2023/24 $2,111,000.00 Cash Local Match Agency Provided $0.00 Value of Third -Party In -Kind Contributions Agency Provided $0.00 Total of Local Funds Agency Provided $0.00 Total of other fund sources (not in-kind contributions) Agency Provided $0.00 Total Participating Costs $2,111,000.00 Total Non -Participating Costs $0.00 Total Project Costs $2,111,000.00 Notes: *Means the amounts in this column only include participating costs. No in-kind contributions may be made unless the amount and type of the contribution is identified above. For Caltrans Use Only I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance. Jie Chen - - - 11/20/2023 $2,111,000.00 Accounting Officer Printed Name Accounting Officer Signature Date Amount Certified 8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops. Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56. 9. Notification of Parties a. AGENCY's Project Manager for Project is (Zachary Bonnin/ (530) 225-4049). b. CALTRANS' District Grant Manager is (Azhar Latif/ 530-768-0514) "District Grant Manager" as used herein includes his/her designee. c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: City of Redding Agreement Number: CCL -5068-069 AMS ADV ID: 0224000038 Page 4 of 19 City of Redding Attention: (Zachary Bonnin), (Transportation Planner) Phone Number: (530) 225-4049 Email: zbonnin@cityofredding.org 777 Cypress Avenue Redding, California 96001 California Department of Transportation District 2/Division of Planning and Local Assistance Attention: Azhar Latif, Local Assistance Engineer Phone Number: (530) 768-0514 Email: Azhar.LatiffWt.ca.qov 1657 Riverside Drive, IVIS #5 Redding, California 96001 10. Period of Performance a. Reimbursable work under this RGA shall begin no earlier than on September 15, 2023, following the written approval of CALTRANS and AGENCY's receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2026. Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2026. Work incurred after June 30, 2026 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2026. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2026 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Grant Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS. 11. Changes in Terms/Amendments This Agreement may only be amended or modified by mutual written agreement of the parties. 12. Cost Limitation a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $2,111,000.00. b. It is agreed and understood that the CCLGP funds are limited to the amount granted. CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Grant Manager at or below that fund limitation established herein. 13. Termination a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with Project Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non -cancelled costs up to the date of termination. AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation. b. This RGA may be terminated by either party for any reason by giving written notice to the other City of Redding Agreement Number: CCL -5068-069 AMS ADV ID: 0224000038 Page 5 of 19 party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre -authorized in writing, and non -cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA. Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS. 14. Budget Contingency Clause a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect. In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA. b. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount. 15. Payment and Invoicing a. AGENCY, its contractors, subcontractors, and sub -recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub -recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices. b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment 111). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment 11 and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section 111—Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section 111—Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of City OfRedding Agreement Number: CCL -5O8-080 AMS ADV ID: 02240O0O38 Page O0f19 Transportation Independent Office OfAudits and Investigations 0rfederal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per them rates are not to exceed the rate specified by the State of California Department 0fHuman Resources for similar employees (i.e.non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available hoAGENCY, its oubneoipienta' contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process 8tthe following |iD��. Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices k} CALTRAyJS atleast every six nn0nth3, but no more frequently than rnVn|hk/. in arrears upon completion Vfproject t8ShS. rni|8St0n8 and/or deliverables in accordance with the Project Timeline in Attachment UKV to the satisfaction ofCALTRANS District Grant Manager. Invoices shall reference this RGA Number and eho|| be signed and submitted to CALTRAyJSDistrict Grant yW8O@g8 ' as St8i8d in Section III—Notification of Parties, Item 8c. g. Invoices shall becomplete with all Ufthe following SeCtiOOS in the iOVOiC8 COnOp|8t8d: 1) Section 1:Invoice 2) Section 2: Indirect Cost Calculation, if the AGENCY is seeking reimbursement for indirect costs 3\ Section 3: Billing Summary 4\ AGENCY shall submit 8 completed detailed contractor award pGCh@A9, including final COSt estimates, toCALTRANS after the project haebeenexvardediothecontnsctor.Theavvard package shall besubmitted LoCALTRAydSwith the first invoice that the AGENCY is seeking reimbursement for the contractor for. h. Incomplete orinaccurate invoices shall bereturned [uthe AGENCY unapproved for correction. Failure to submit invoices on a timely basis may be grounds for termination of this RGA for no8tHriG| breach per Section |||—T8rnoin8U0n. Item 12. i. CALTRAyJS will reimburse AGENCY for all G||OwGb|H Project COStG at least every 0 m0nthS, but nomore frequently than monthly, inarrears aepromptly aaCALTRAPJS fiscal procedures permit upon receipt Vf8nitemized signed invoice. j The RGA Expiration []8t8 refers to the |GSt date for AGENCY to incur valid Project costs or credits and iethe date this RGA expires. AGENCY has until November 1.2O2810make final allowable payments toProject con[raotoreorvendora.andeubmiLiheP jeot'oFina|Report.ae defined inAttachment Uand @ final invoice t0CALTRANSfor reimbursement for allowable Project costs. Any unexpended PjeCtfUDdSDOtiOVOiCedbythe8Othd8yVVi||benBVe[tedGOd will DO longer beaccessible tOreimburse |Gt0 Project invoices contractor. h. The final invoice will be paid upon submission by AGENCY to CALTRANS and 8CC9ct2nCe by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted toCALTRANSbyNovember 1,2O28. 18.Local Match Funds 8. AGENCY shall contribute not |8SS than 8 proportional CGSh amount toward the services described herein OO 8 [OODth|y or 6 -month basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III—Project City of Redding Agreement Number: CCL -5068-069 AMS ADV ID: 0224000038 Page 7 of 19 Funding, Item 6, the contributions may be counted as cash only when they are actually received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2026. b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment 1); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7 with the final invoice. 17. Quarterly Progress Reporting a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Grant Manager to determine if AGENCY is performing to expectations, on schedule, within funding cost limitations, communicating interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. 18. Cost Principles a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY agrees, and will assure that its contractors, sub -recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Every sub -recipient receiving Project funds as a sub -recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third -party source, including, but not limited to, the State Treasurer, the State Controller, or any other fund source. d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at hftps://dot.ca.gov/-/media/dot- City OfRedding Agreement Number: CCL -5O8-080 AMS ADV ID: 02240O0O38 Page 80f19 e. AGENCY agrees and shall require that all its agreements with consultants and eubrecpienta contain provisions requiring adherence UJ this section in its entirety except for section c. above. 1S.Americans with Disabilities Act By signing this Agreement, AGENCY assures CALTRANS that in the course of performing Project Work, itwill fully comply with the applicable provisions Ofthe Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all Gpp|iC8b|8 n8Au|8UOnS and guidelines issued pursuant UJthe ADA (42 UGC Section 12101 8tSHq.). 2O.Iran Contracting Act and State ofCalifornia Executive Order N-8-22 AGENCY must complete and submit boCALTRAJNSthe Iran Contracting Act Certification certifying that AGENCY'S proposed contractor is not on the most current DGS list of Entities Prohibited from Contracting with Public EDUUeS in California per the |nBO Contracting Act, 2010 \,b8f0n8th9Aon88n09[kh8Sb89D8n9CUU3d'UO|RSSth8 proposed contractor is exempted from the certification requirement by Public Contract Code Section 2205(C) or /d\. If claiming an eX80pUOD' the proposed contractor shall provide written evidence that supports 8nexemption under Public Contract Code Section 22O3(C)Vr(d)before execution 0fthe Agreement. Additionally, and t0the extent applicable, AGENCY shall adhere to State OfCalifornia Executive Order N-8-22.issued ODMarch 4.2O22'with regard tOproposed COOt[8ctO[. 21. Indemnification a. Neither CALTRAPdSnor any officer uremployee thereof ieresponsible for any injury, dannage' or liability occurring by reason of anything done or omitted to be done by AGENCY, its Vff|08nG. ernp|Vy8eG. agents, its COntr@Ct0nG. its Gubn9Cipi9ntG. Or its subcontractors under 0rin connection with any vv0rk. authority, or jurisdiction conferred upon AGENCY under this F<G/\. It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all ofCALTRAyJS' officers and employees from all c|aimna, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code &&3344and 3344.1.inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, 0rsubcontractors under this RGA. b. AGENCY agrees tofully defend, indemnify, and save harmless CALlFRANS and all ofits officers and employees from any and all claims, lawsuits, O[legal actions, including reasonable @ttVrney8'f88Gand legal CO8tG, relating t0intellectual property claims arising from or related to the Project and/or any work pnDCur8d under this RG/\, including but not limited to claims based OD/1\U.8.federal Orstate trademark infringement laws, (2)patent infringement laws (3)17U.G.C.&G101-810(the Copyright Act Of197G.@GnnVdified).(4)17U.G.C. § 10GA(a) (the Visual Artists Rights Act Vf1Q90. ^\/ARA''). (5) 17 U.S.C. Q 113. (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state |ovvn or under the |ovvo of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. 8100A(o)and California Civil Code8Q87, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property. City of Redding Agreement Number: CCL -5068-069 AMS ADV ID: 0224000038 Page 9 of 19 22. Nondiscrimination Clause (2 CCR 11105 Clause b) a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause. d. AGENCY and its contractors, its sub -recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub -recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA. 23. Retention of Records/Audits a. AGENCY, its contractors, subcontractors, and sub -recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY, its contractors, subcontractors, and sub -recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub -recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors, and sub -recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its City of Redding Agreement Number: CCL -5068-069 AMS ADV ID: 0224000038 Page 10 of 19 subcontractors, and sub -recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY's external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY's contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY's sub -recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA. e. Additionally, all grants may be subject to a pre -award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable, and allocable costs. f. Any contract with a contractor, subcontractor, or sub -recipient entered into as a result of this RGA shall contain all the provisions of this article. 24. Adjudication of Facts in Disputes a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law. b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA. 25. INTENTIONALLY DELETED 26. Third -Party Contracts a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior City of Redding Agreement Number: CCL -5068-069 AMS ADV ID: 0224000038 Page 11 of 19 written notification by the CALTRANS District Grant Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State -government -funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY's laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Public Contract Code, Section 2000 et. seq.); a qualifications -based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Government Code, Section 4525 et. seq. and Chapter 10 of the Caltrans Local Assistance Procedures Manual); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 26, Third - Party Contracts. The SCM can be found at the following link: ttps://www,d s,ca, ov/{SLS/ResourceslPa e-Content/Office-of-Le al-Services-Resources- List-Folder/State-Contracting. Chapter 10 of the Caltrans Local Assistance Procedures Manual can be found at the following link: htt s:Hdot.caeciov/pro„ rams/local- assistance/ uideiines-and- rocedures/local-assistance® rocedures-manual-la m. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY's sub -recipients, contractors, and subcontractors. Copies of all agreements with sub -recipients, contractors, and subcontractors, must be able to be provided upon request to the CALTRANS District Grant Manager. d. CALTRANS does not have a contractual relationship with the AGENCY's subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior notification in writing by the CALTRANS District Grant Manager shall be required before AGENCY enters into any non -budgeted sub -agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III—Payment and Invoicing, Item 14b, above. 27. Drug -Free Workplace Certification By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug -Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug -Free workplace by doing all of the following: 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, as required by Government Code Section 8355(a). b. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following: City OfRedding Agreement Number: CCL -5O8-080 AMS ADV ID: 02240O0O38 Page 12Vf19 1\ The dangers 0fdrug abuse inthe workplace. 2\ The person's or organization's policy of maintaining 8 Drug -Free workplace. 3\ Any available counseling, rehabilitation, and employee assistance programs. 4\ Penalties that may bHimposed upon employees for drug abuse violations. n. Provide, earequired byGovernment Code Section 8355(a)(3\.that every employee who works onthe proposed contract orgrant: 1\ Will receive Gcopy 0fthe company's Drug -Free policy statement. 2\ Will agree b3abide bythe terms Ufthe company's statement GS8condition Ofemployment OOthe contract O[grant. d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts ifCALTRANSdetermines that any ofthe following has occurred: (1) AGENCY has made a false certification or. (2) AGENCY violates the certification by failing to carry out the requirements @Snoted above. 28.Relationship ofParties It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and iSnot intended to, and shall not beconstrued to, create the relationship of agent, servant, 8mp|0y88. partnership, jointventure 0rassociation, 0rany other relationship whatsoever other than that Of8Oindependent party. 29. State -Owned Data @. AGENCY agrees t0comply with the following requirements k}ensure the preservation, S8CUrUv and integrity of State-owned data on portable computing devices and portable electronic storage media: 1\ Encrypt all State-owned data stored Onportable computing devices and portable electronic storage media using govern ment-certified Advanced Encryption Standard (AES) cipher algorithm with a 256 -bit or 128 -bit encryption key to protect CALTRANS data stored 0nevery sector Of@hard drive, including temp files, cached data, hibernation files, and even unused disk space. 2\ Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules. 3\ Encrypt, as described above, all State-owned data transmitted from one computing device orstorage medium toanother. 4\ Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted toprovide services onbehalf ofthe State, and limit use ofState information assets for State purposes only. 5\ Install and maintain current anti-virus software, security patches, and upgrades onall computing devices used during the course 0fthe Agreement. 8\ Notify the CALTRANS District Grant Manager immediately of any actual or attempted ViO|8tiOOS Ofsecurity OfState-owned data, including |OSt or stolen COOOpUtiDg dHViCeS. fi|8S. Orportable electronic storage media containing State-owned data. City of Redding Agreement Number: CCL -5068-069 AMS ADV ID: 0224000038 Page 13 of 19 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1). 30. CALTRANS' Use of "Before" and "After" Project Photographs a. AGENCY acknowledges it provided a "Before" photograph of the Project with the AGENCY's application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an "After" photograph of the Project as part of the close out reporting process. b. AGENCY warrants it is the copyright owner of the "Before" and "After' Project photographs. c. Neither the "Before" nor "After" Project photographs shall include the faces of any individuals. d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty -free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the "Before" and "After' Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. 31. Limited Grant of Rights to CALTRANS for Use of Educational Programming ("educational programming") Created or Produced for Project and Visual Art Located Outside of State Right -of - Way ("Artwork") Created or Produced for Project a. Educational programming: AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty -free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty -free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns City OfRedding Agreement Number: CCL -5O8-080 AMS ADV ID: 02240O0O38 Page 14Vf19 (including television and social media C8rnp8igny).education, and exhibition catalogues 0r other SinOi|8[ publication. iii. When applicable, AGENCY shall obtain and provide b]CALTRAydSany and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. iv. TO the extent any |OgOS, including trademarks or service 08[kS, belonging to third p8di8G and/or the AGENCY are used oneducational programming created orproduced for Project under this RG/\. AGENCY agrees tO Obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes, This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork: AGENCY shall obtain from the ).0rany other copyright[wnRr(s) of Artwork.@ SUb|iDeOS8b|e' i[ReVOC8b|e' perpetual, royalty -free, unlimited, worldwide license iOprepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and inprint, VfArtwork created 0rproduced for Project und8rthiSRC3A.Or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media CGrnp8ignG).education, and exhibition catalogues orother similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRAR0S as described in this RGA. AGENCY grants bJ CALTRANS an irn3v0CGb|9, perpetual, royalty -free, Sub|iQBnSab|8. unlimited, VVOddVVde license to prepare derivative works, make, publish, display, and distribute fwxJ-dinoHnGiVn8| reproductions and/or CVpiHS. digitally and in print, of Artwork created orproduced for Project underthiSR(3A.VrderivoUveSthereOf.fOrnOn-CVmnnerCiG| purposes or any State government purposes. This includes, but is not limited to, Fepn}dUCtiODS used in bn3ChUFeS, Dl8di8 publicity, public outreach C8[Dp8igDS (iDC|UdiDg television and social media campaigns), education, and exhibition catalogues or other similar publication. iii. AGENCY shall obtain and provide toCAL][RANSany and all documentation CALTRANS reasonably determines isnecessary 0rdesirable 0Dperfect the license Vrsublicense described inthis RGA to CALTRANS.This documentation shall b8provided b]CALTRAyJS within fifteen (15)days Ofwritten notice that this documentation is required. 32.Government Purpose Rights for Inventions a. |nw8nU0n8 are any id8a, methodologies, deSign. CVnQeot, technique, inv8nbon, discovery, improvement, or developmentregardless ofpatentability made solely bvAGENCY orjointly with the AGENCY`goontnactor, subcontractor and/or eubrenipientduring the term ofthis RGA and in performance ofany work under this RGA. provided that either the conception Or reduction to City of Redding Agreement Number: CCL -5068-069 AMS ADV ID: 0224000038 Page 15 of 19 b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. "Government Purpose Rights" are the unlimited, irrevocable, worldwide, perpetual, royalty -free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. "Government Purpose Rights" also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. "Government Purpose Rights" do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose. 33. Additional Intellectual Property Provisions a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA. b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the "Before" and "After" Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty -free, sublicensable, unlimited, worldwide license. c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of "Before" or "After" Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form: © [Artist/Copyright owner's name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner's name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA. i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation. ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS. e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub -recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its City of Redding Agreement Number: CCL -5068-069 AMS ADV ID: 0224000038 Page 16 of 19 contractors, subcontractors, subrecipients, and service vendors (hereinafter "AGENCY's Contractor/S u bco ntractor/S u brec i pie nt") providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY's Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY's Contractor/Su bcontractor/S u b reci pie nt becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY's Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing. 34. Visual Art Located on California State Right -of -Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS' most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS' Transportation Art program can be found at rchitecture-and- community-iivabiiity/gap-livtrans�ortation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS' Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS' Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, "VARA") of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS' Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-of- way. 35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY's indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY's employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY's employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents, and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this City of Redding Agreement Number: CCL -5068-069 AMS ADV ID: 0224000038 Page 17 of 19 paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees. 36. Mandatory Organic Waste Recycling It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if proposed contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY shall ensure that the proposed contractor arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Proposed contractor shall provide AGENCY proof of compliance, i.e., organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling. AGENCY must be able to provide this proof upon request from CALTRANS District Grant Manager. 37. Project Close Out/Closeout Report a. AGENCY will provide a final close out report to the CALTRANS District Grant Manager no later than November 1, 2026. CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report. b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Grant Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2026. 38. ADA Compliance All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention. 39. Prevailing Wages and Labor Code Compliance AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY's work on or for the Project. 40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply: I. This Restricted Grant Agreement (as amended); II. The CALTRANS Local Grant Program Guidelines; III. Approved Indirect Cost Rate (if applicable); IV. Approved Grant Application (as amended); and V. AGENCY Resolution. 41. Survival AGENCY's representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character City of Redding Agreement Number: CCL -5068-069 AMS ADV ID: 0224000038 Page 18 of 19 establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA. 42. Sanctions No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect. Section IV Attachments: City of Redding Agreement Number: CCL -5068-069 AMS ADV ID: 0224000038 Page 19 of 19 The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto. I. Grant Program Guidelines 11. Approved Indirect Cost Rate (if applicable) III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written: STATE OF CALIFORNIA CITY OF REDDING DEPARTMENT OF TRANSPORTATION IN la Printed Name: Printed Name: Gretchen Chavez Title: Title: Office Chief Office of Innovative Programs Division of Local Assistance Date: Date: By: Printed Name: Title: Date: Calaboose Creek Clean California Infrastructure Project January 22 N Scale: 1" = 150' Note Figure i I owl I Proposed white pavement markings Project Overview *4 150 75 10 150 are shown in black for clarity. Redding, CA KITTELSON Ai SS Calaboose Creek Clean California Infrastructure Project January 22 Railroad Edge of Back of ROW Sidewalk Curb 4' 12' Buffer Concrete Sidewalk ---- ------------- Section A Scale: 1" = 60' KITTELSON &ASSOCIATES Railroad Edge of Edge of Face of ROW Sidewalk Sidewalk Curb 4' 12' 51 Buffer Concrete Sidewalk 0.51 4' Buffer Note Proposed white pavement markings are shown in black for clarity. Section B Placer St to South St Figure Redding, CA 2 Calaboose Creek Clean California Infrastructure Project January 22 Face of Edge of Edge of Curb Path Path 5 Asphalt Multiuse Path Landscaping —® 0.5' 0.5' 4' Buffer Scale: 1" = 60' 60 30 0 60 KITTELSON -SS 00ATES Section C (Vote Waldon St & Gold St Figure Proposed white pavement markings are shown in black for clarity. Redding, CA 3 Calaboose Creek Clean California Infrastructure Project January 22 Edge of Path Landscaping + 12' Asphalt Multiuse Path Edge of Path Landscaping Section D Scale: 1" = 40' Note Waldon St Figure ,qT i Proposed white pavement markings are shown in black for clarity. Redding, CA 4 40 20 0 40 KITTELSON &ASSOCIATES CITY OF REDDING MEETING DATE: June 15, 2021 FROM: Chuck Aukland, Public ITEM NO. 4.11(c) Works Director ***APPROVED BY*** t. t tit n � >.� zppin.Ci stn,'e 61712021 L landl pab{�� „ Direct b/2/202I Vit, 5 s {- a}a�$1(� caukiandn�ci red'a.as btippin@eityofredding.org 41 4 SUBJECT: 1(c) --Oregon Street��� provements Project t i ;Ip t ys t ilt { xir,r 3} i t f i St t� Recommendatior2l` Adopt the MitigN rr {� . and approve the Oregon Str��r Improvem California Environmental Quali;Act (CEQA Fiscal Impact Approval of the project along with adoption the Mitigation Monitoring Program (MMPtt 7 and construction phases. There is no fi � MMP. the Mitigation Monitoring Program (MMP), 'roject satisfying the requirements of the dines 15074). 141 t la �t riz j�4 1t L, Mitigated 1 'ative Declaration (MND) and the projec, ov toward the final design as a dir,l,sult ttl,=doptinQ the MND and The Oregon Street Improvements Project (Project) is currently mit'project jd�pment phase funded with budgeted Streets and Roads funds. The estimated �� t4�{���cf the project is $1,500,000 and will be funded through a combination of grants ���ets and Roads funds. Alternative Action The City Council (Council) may choose not to adopt the MND and/or the MMP, and not approve the project as described. Without approval, the project would not proceed as a City of Redding (City) project, as it would not be in compliance with the California Environmental Quality Act. Background/Analysis The project area includes two discontinuous segments along Oregon, Street: the first area is located between Yuba Street and Butte Street, and the second area is located between Tehama Street and Shasta Street. The purpose of this project is to improve pedestrian access and safety. The project is needed because these two roadway sections do not currently have continuous sidewalk on the east side which forces pedestrians to walk on the edge of the pavement next to Report to Redding City Council June 9, 2021 Re: 4.11(c) --Oregon Street Improvements Project Page 2 an open channel or walk in the traveled way. Under existing conditions, some disabled pedestrians do not have any other option and must traverse the travel way. The proposed project would provide approximately 460 linear feet of 10 -foot sidewalk for pedestrians, as well as Americans with Disabilities Act (ADA) compliant curb ramps. There is an existing sidewalk between the two project segments. The existing section of sidewalk is built over Calaboose Creek and is in alignment with the street grid plan. Calaboose Creek functions as part of the City's storm drain system and captures drainage from residential, commercial, and industrial uses. In order to construct the project, approximately 460 feet of new 5 -foot by 8 -foot box culvert would be installed within the two open channel segments of Calaboose Creek along Oregon Street. The new sidewalk, cpr>, and gutter would be constructed over the subsurface box culvert. l�F t r {fis t �t The project include„ �����f ding and a pavement overlay; however, the project will not . yffsz,r� t increase vehicle c��tty as the ray will conform to the existing sidewalk section and street grid. Utilityreltin Includes ourty poles, as well as AT&T lines. The project will require earthwork, c�� extension, drai",` modification, vegetation removal, utility relocation, paving, sign Wllation, and stripinmajority of work will occur within the City's right of way (ROW), to temporary pern%s to enter and construct will be needed to install the new culvert and cop;t the drainage from private properties. Permanent ROW acquisition will not be required. Const "pn will tie one season and the project is anticipated to be built in 2022. An Initial Study (IS) fy'`'! Quality Act (CEQA). It the prof the existing environment. The ; shows that tb on biological resources, but mplementat reduced to a level considered ifs; { {ani s�tx measures to be implemented are coit�� pct pre -construction surveys, in -water work wind and erosion control. luirements of the California Environmental being proposed and the potential impacts to )osed project could have a significant effect mid, 4tion measures, those impacts will be tation measures and conservation }tnelu'i but are not limited to, biological `t pact mii*zation, exclusionary fencing, Based on the conclusions made in D waparedM`t,rj` e MND describes the t I F project, including mitigation measuresWVand aetermin i that there will be no significant effect on the environment provided that the defi40ne' mitigation measures are implemented as part of the project. In addition, a Mitigation and 'TV0*',�'11`1ft (MMP) has M been written and incorporated into the ND (CEQA Section 2If 0�,; ����IP will be used by City staff, contractors, agencies, and monitoring personnel r and after the project to ensure effective implementation of the adopted mitigutlined in the MND. The IS/MND/MMP documents were sent to the State Clearinghouse for a 30 -day public review period and distribution to pertinent state agencies. They were sent to local resource agencies, the Shasta County Clerk, and posted on the Public Works Department website. A public notice was also sent to landowners who own property in the vicinity of the project and posted in the local newspaper. One comment letter was received during the public comment period. The comment was from the California Department of Fish and Wildlife and the response to the comment letter has been prepared and is attached to the final MND. Report to Redding City Council June 9, 2021 Re: 4.11(c) --Oregon Street Improvements Project Page 3 The City of Redding is the lead agency for the project pursuant to CEQA. As the lead CEQA agency, the City Council is authorized to adopt the MND per Redding Municipal Code Section § I 8.24.070.E and state law. Upon adoption of the MND and approval of the project by the City Council, a Notice of Determination will be filed with the Shasta County Clerk's Office and the State Clearinghouse, completing the environmental review process. The IS/MND is available in the City Clerk's office for review and is currently available online at https://www.cityofredding.org/departments/Tubli.c-works/environmental-management. Council Priority/City Manager Goals 0 This agenda item is a routine operational item. Attachments Location Map Mitigated Neg Mitigation Mi, Commitment Program (available online) � k � �\ � 41 �� O§ O, 0 u . \ E 1 k 3 LL \: 0 — u 2 �\ / d / - e � $ � / k 3 f 1* / \ /\ / � t � c\ CL� $ � \ / � � � / r, / U z/ U C 3 0> m m o£ u§ a 3 R$ f% m f 5 m �: z 3 C IT Y OF REMDINO�" AN CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: March 21, 2023 FROM: Kim Niemer, Community ITEM NO. 4.6(a) Services Director ***APPROVED BY*** AiinNie411-nf crit e~rvices kecto,,'10120.22 r' ,pp n,, C -i ant e kniemer@cityofredding.org btippin@c ityofredding.org SUBJECT: 4.6(a) --Authorize Submission of Grant Applications to California Department of Transportation (Caltrans) Clean California Local Grant Program (CCLGP) Recommendation Authorize submission of the following grant applications to the California Department of Transportation's Clean California Local Grant Program for projects that support litter abatement, beautification, safety, and related public education efforts: (1) A grant application for up to $5,000,000 to be used for the area around Calaboose Creek in Downtown Redding; and (2) A grant application for up to $1,500,000 in partnership with Shasta Living Streets to construct an overlook plaza above the Sacramento River on the Diestelhorst to Downtown Trail at Riverside Drive and Court Street. Fiscal Impact To prepare the overlook grant application, the City of Redding (City) will partner with Shasta Living Streets and Alta Planning + Design. The cost is $15,000 which can be covered within the existing budget identified in the grant application. If the City is successful in obtaining grant funds, it may receive up to $6,5000,000 with a required local snatch that ranges from 0 to 50 percent, depending on the calculated severity of disadvantage (SOD) surrounding the project. California Department of Transportation (Caltrans) will provide a specific figure for the required match after reviewing applications based on the SOD. Using the grant program's metrics, the proposed projects qualify as disadvantaged communities, and the SOD should place potential match requirements at zero. If the City is awarded the grant funds, staff will present the award and match proposal, if any local match is required, to the City Council at a later date. Report to Redding City Council March 16, 2023 Re: 4.6(a) --Gran t Application - Caltrans for Clean California Local Grant Program Page 2 Alternative Action The City Council (Council) could decline to authorize the application to the Caltrans Clean. California Local Grant Program (Caltrans CCLGP). The City would miss the opportunity to receive up to $6,500,000 with a possibility of no matching funds required. Background/Analysis The Caltrans CCLGP is a competitive program created to beautify and clean-up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. The program is funded by an allocation of $100 million in Fiscal Year 2023-24 from the State Budget and offers awards to eligible applicants up to a maximum of $5 million. The program goals are: to reduce waste and debris in public rights-of-way, pathways, parks, transit centers, and other public spaces; enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect; enhance public health, cultural connections, and community placemaking by improving public spaces for walking and recreation; and advance equity for underserved communities. In the first request, the City seeks up to $5 million to implement a CCLGP project along the section of Calaboose Creek from Railroad/Placer Streets to Market Street. This area is a priority for litter abatement and waste reduction in addition to being within walking distance from intended active transportation corridors through Downtown Redding, Carnegie Park, and transit centers, including the Amtrak Station and RABA Downtown Transfer. The requested funding will address litter abatement and waste removal and include an educational component and physical infrastructure to beautify and encourage cleanliness and public safety downtown while preserving and improving the natural elements of Calaboose Creek along the roadside. The proposal includes a program for the City to partner with private sector non -profits to provide a job training and working skills development program. The second request seeks up to $1.5 million for the construction of an overlook plaza to serve as a vista point and rest stop along the new Diestelhorst to Downtown Trail. The theme of the design is a blend of native cultures and active transportation. The location provides scenic views of the Sacramento River, train trestle, and Caldwell Park. The requested funding will also address litter abatement and waste removal and include an educational component and physical infrastructure to beautify and encourage cleanliness and public safety along this important corridor. Environmental Review This action is not a project as defined by the California Environmental Quality Act (CEQA), and no further action is required. Report to Redding City Council March 16, 2023 Re: 4.6(a) --Gran t Application - Caltrans for Clean California Local Grant Program Page 3 Council Priority/City Manager Goals • Public Safety — "Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding." • Government of the 21st Century — `Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the future to make better decisions today." • Economic Development — "Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community." Attachments Calaboose Creek Concept Plans Overlook Concept Plan