14-009. Attachment 9 Boulder County and FHWA CFI Grant Award Agreement.pdf

1. Award No.

693JJ32540009

2. Effective Date See No. 17 Below

3. Assistance Listings No.

20.205

4. Award To Boulder County Office of Sustainability, Climate Action & Resilience 2020 13th Street Boulder, CO 80302 Unique Entity Id.: LB9EYBMY6NJ8 TIN No.: 84-6000748

5. Sponsoring Office U.S. Department of Transportation Federal Highway Administration Office of Acquisition & Grants Management 1200 New Jersey Avenue, SE HCFA-32, Mail Drop E62-204 Washington, DC 20590

6. Period of Performance Effective date of award - 4 years

7. Total Amount Federal Share:

Recipient Share:

Total:

$4,900,000.00 $2,000,000.00 $6,900,000.00

8. Type of Agreement Grant

9. Authority Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58, § 11401 November 15, 2021) codified at 23 U.S.C. 151

10. Procurement Request No.

HEPN250015PR

11. Federal Funds Obligated Phase 1: $742,000 Phase 2: $4,158,000 (subject to availability) See Schedule D

12. Submit Payment Requests To See Article 13 of the General Terms and Conditions.

13. Payment Office See Article 13 of the General Terms and Conditions.

14. Accounting and Appropriations Data 15X1220050.0000.060V406500.6801000000.41010.61006600, $742,000

15. Description of Project Charge Up Boulder County: Better Access for EV Charging

RECIPIENT

16. Signature of Person Authorized to Sign

Signature Date Name: Ashley Stolzmann Title: Boulder County Commissioner

FEDERAL HIGHWAY ADMINISTRATION

17. Signature of Agreement Officer

Signature Date Name: Sarah Tarpgaard Title: Agreement Officer

Docusign Envelope ID: 5B4CAFA0-39C4-42DE-9A59-BEDC79FB65CA

December 5, 2024

December 5, 2024

FEDERAL HIGHWAY ADMINISTRAITON

GRANT AGREEMENT UNDER THE

FISCAL YEAR 2022 and FISCAL YEAR 2023 CHARGING AND FUELING

INFRASTRUCTURE GRANT PROGRAM

This agreement is between the Federal Highway Administration (the “FHWA”) and the Boulder County Office of Sustainability, Climate Action & Resilience (the “Recipient”).

This agreement reflects the selection of the Recipient to receive a Charging and Fueling Infrastructure (“CFI”) Grant for the Charge Up Boulder County: Better Access for EV Charging.

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

The parties therefore agree to the following:

ARTICLE 1

GENERAL TERMS AND CONDITIONS.

General Terms and Conditions.

(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2022 and Fiscal Year 2023 Charging and Fueling Infrastructure (CFI) Grant Program” dated March 1, 2024, which is available at https://www.fhwa.dot.gov/environment/cfi/resources/fy2022-2023-cfi-terms-conditions.pdf. The General Terms and Conditions reference the information contained in the schedules A – K to this agreement. The General Terms and Conditions are part of this agreement.

(b) The Recipient states that it has knowledge of the General Terms and Conditions.

(c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action which may include but is not limited to terminating the CFI grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the CFI Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.

Docusign Envelope ID: 5B4CAFA0-39C4-42DE-9A59-BEDC79FB65CA

ARTICLE 2

SPECIAL TERMS AND CONDITIONS.

2.1 The Recipient acknowledges that the Project must be performed in compliance with the National Electric Vehicle Infrastructure Standards and Requirements under 23 CFR part 680 including but not limited to the data reporting requirements under 23 CFR 680.112.

2.2 The Recipient acknowledges the requirements, including the non-Federal cost share requirements applicable to contracting with Private Entity, in the FY 2022-2023 CFI Terms and Conditions document under section Article 12 titled Contracting and Subawards in section 12.8: Requirement to Contract with a Private Entity.

SCHEDULE A

ADMINISTRATIVE INFORMATION

1. Application.

Application Title: Charge Up Boulder County: Better Access for EV Charging

Application Date: June 13, 2023

2. Recipient’s Unique Entity Identifier.

See Page 1, Block 4.

3. Recipient Contact(s).

Lea Yancey Senior Sustainability Strategist Boulder County Office of Sustainability, Climate Action & Resilience P.O. Box 471, Boulder, CO 80306 720-564-2723 lyancey@bouldercounty.gov

Ashley Monreal Department Finance Lead Boulder County Office of Sustainability, Climate Action & Resilience P.O. Box 471, Boulder, CO 80306 720-864-6619 amonreal@bouldercounty.gov

4. Recipient Key Personnel.

Name Title or Position

Lea Yancey Grant Program Manager / Senior Sustainability Strategist

Ashley Monreal Department Finance Lead

5. FHWA Project Contact(s).

Sarah Tarpgaard, Agreement Officer (AO) US DOT / FHWA Office of Acquisition and Grants Management HCFA-43, Mail Stop E62-310 1200 New Jersey Avenue, S.E.

Washington, DC 20590

(202) 493-3225; sarah.tarpgaard@dot.gov

Agreement Officer Representative (AOR):

FHWA Colorado Division Administrator 12300 W. Dakota Avenue, Suite 180 Lakewood, CO 80228 720-963-3000; Colorado.FHWA@fhwa.dot.gov

CFI Award Point of Contact (POC):

William Keenan, Air Quality, Climate, Research Program Manager FHWA Colorado Division Office 12300 W. Dakota Avenue, Suite 180 Lakewood, CO 80228

(720) 963-3019; william.keenan@dot.gov

6. Payment System.

USDOT Payment System: DELPHI eInvoicing

7. Office for Subaward and Contract Authorization.

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

8. Federal Award Identification Number.

See Page 1, Block 1.

9. Designated Subrecipient.

Designated Subrecipient: None

10. Subawards and Contracts.

Note: See 2 CFR 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).

Note: Recipients with a procurement system deemed approved and accepted by the Government or by the AO are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327.

(a) Unless described in the application and funded in the approved award, or otherwise exempted by the AO in writing, the Recipient must obtain prior written approval from the Agreement Officer (the “AO”) for the subaward, transfer, or contracting out of any non-construction CFI Grant work under this agreement above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services.

(b) Approval of each subaward or contract is contingent upon the Recipient’s submittal of a written fair and reasonable price determination, and approval by the AO for each proposed contractor/sub-recipient. Consent to enter into subawards or contracts will be issued through written notification from the AO or a formal amendment to the Agreement.

(c) The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause.

The recipient’s proposed subawards and contracts included in the recipient’s application as cited in schedule A, section 1, as amended by schedule E, are hereby considered approved.

SCHEDULE B

PROJECT ACTIVITIES

1. General Project Description.

Refer to the application title and date identified in schedule A section 1, which is incorporated by reference to this agreement. See schedule E for changes to the project described in the application.

Boulder County will support the installation of electric vehicle (EV) charging stations that prioritize underserved and disadvantaged communities. This project will fund the installation of publicly-accessible EV charging infrastructure to increase access for communities that have gaps in EV charging, including low- and moderate-income neighborhoods, rural areas, and neighborhoods with multifamily housing in Boulder County. Equitable access is driving this effort to identify EV charging locations that serve disproportionately impacted communities. The project includes the installation of EV charging stations on public and private properties, education and community engagement, workforce development, and operations and maintenance of the EV charging stations.

2. Statement of Work.

Refer to the application title and date identified in schedule A section 1, which is incorporated by reference to this agreement. See schedule E for changes to the project described in the application.

Summary Boulder County will support the installation of electric vehicle (EV) charging stations that prioritize underserved and disadvantaged communities. This project will fund the installation of publicly-accessible EV charging infrastructure to increase access for communities that have gaps in EV charging, including low- and moderate-income neighborhoods, rural areas, and neighborhoods with multifamily housing in Boulder County. This project expands EV charging access to underserved communities where the private sector may not prioritize investment absent federal funding.

In Boulder County, the challenges of achieving widespread electric vehicle (EV) adoption in an equitable manner are underscored by significant gaps in multifamily home charging availability, lack of access to EV incentive information, and socioeconomic and linguistic barriers. Although Boulder County has a perception of being a wealthier community in Colorado, the reality is that our county faces significant wealth disparities, cost of living challenges, and major gaps in access to emerging technologies, including EVs.

Boulder County intends to organize regional efforts that will expand access for residents to participate in the transition to electric vehicles, as Colorado continues to create an excellent policy and legislative framework to support EV adoption.

Equitable access is driving this effort to identify EV charging locations that align with Justice40 priorities and serve disproportionately impacted communities in Boulder County. All charging locations will be publicly accessible. Final site selections for EV charging, which may be on publicly or privately owned property, will be informed by state and county equity-focused maps and community engagement efforts. The mapping tools include the locations of disproportionately impacted communities, as well as the locations of affordable housing, multifamily housing, low- and moderate-income neighborhoods, and mobile home communities.

We plan to align with the Justice40 guidelines by using the mapping tools to ensure at least 40% of the charging station infrastructure serves disproportionately impacted communities. This project includes an investment into workforce development efforts that focus on preparing underrepresented groups for careers in electric vehicle (EV) infrastructure jobs.

The reliability of charging stations to be consistently operational is also a priority of this project.

Boulder County will facilitate the connections between property owner site hosts and EV charging installation vendors so they can establish operational and maintenance arrangements that may be needed for these charging stations to achieve high reliability for station users.

Access to charging stations is one of the barriers to EV adoption within underserved communities. The project aims to increase access to electric vehicles and charging to underserved community members so that these residents can have the opportunity to save money, have cleaner air, and contribute to climate change solutions, compared to gasoline vehicle ownership. Expanding access to charging stations enables these communities to adopt EVs and have the benefits of lower fuel and maintenance costs. The project will combine education about electric vehicles and available incentives accessible to residents, a turnkey solution for property owners to work with private installation vendors and utilities to install EV charging infrastructure, and meaningful climate action to address climate change.

TASKS

Phase 1: Pre-Construction (Planning, Outreach, and EV Infrastructure Site Selection)

Phase 1 will include project planning, outreach, workforce development planning, pre-construction activities, and project management. During Phase 1, Boulder County will competitively select one or more qualified vendors for community engagement and EV infrastructure installations. Our workforce development plans will be informed by existing workforce development opportunities as well as the results from the State of Colorado’s study, Statewide Zero Emission Vehicle Workforce Needs Analysis, which seeks to understand EV and EV charging workforce opportunities, skills gaps, and recommended strategies and investments.

Phase 1 will include outreach and community engagement with property owners and community organizations, leaders, and members. This phase will include final site selections informed by site assessments as well as an informed decision on options related to ownership structure(s) and turnkey solution(s). We will begin to implement support for workforce development related to training and charging certification.

Outcomes:

• Selection of one or more qualified vendors for community engagement, EV infrastructure installations, and operations and maintenance

• Property owner education and engagement about the project and turnkey solutions for charging installations, operations, and maintenance

• Site selections for EV charging infrastructure, with priority on disproportionately impacted communities; NEPA review completed for sites

• Education for residents about electric vehicles at selected site locations

• Selection of existing workforce development trainings, certification, or work-based training, with a focus on underrepresented groups, as well as identification of employers of EV infrastructure job opportunities

Phase 2: Construction and Operations

Phase 2 will include the acquisition, construction, and installation of EV charging infrastructure by property owners and selected EV charging vendor(s) as well as setting up processes and agreements for ongoing operation and maintenance. We will continue workforce development tasks, as well as ongoing grant administration and reporting. Phase 2 will conclude with gathering project results, program evaluation, best practices, and lessons learned.

Outcomes:

• An estimated 70-100 electric vehicle charging stations installed, with an estimated 80 percent Level 2 chargers and 20 percent DC Fast Chargers; a minimum of 40 percent of charging infrastructure investment serving disproportionately impacted communities

• Stations compliant with the National Electric Vehicle Infrastructure (NEVI) standards, including 97% uptime for station reliability

• Workforce development activities completed

• Project results compiled, summarized, and available to appropriate stakeholders

SCHEDULE C

AWARD DATES AND PROJECT SCHEDULE

1. Award Dates.

Budget Period End Date: See Page 1, Block 6.

Period of Performance End Date: See Page 1, Block 6.

2. Estimated Project Schedule.

Milestone Schedule Date

Planned Construction Substantial Completion and Open to Traffic Date:

July 31, 2028

3. Special Milestone Deadlines.

Milestone Deadline Date

Site selections and NEPA review complete for the EV charging infrastructure:

December 31, 2025

Construction complete and EV charging stations are in service:

July 31, 2028

SCHEDULE D

AWARD AND PROJECT FINANCIAL INFORMATION

1. Award Amount.

CFI Grant Amount: $4,900,000

2. Federal Obligation Information.

Federal Obligation Type: Multiple

Obligation Condition Table

Federal Share Portion of the CFI Grant

Obligation Condition

Phase 1: Pre- Construction (Pre- NEPA including planning, project management, preliminary engineering, outreach)

$742,000 N/A – funded upon award

Phase 2: Construction and Operations (Post-NEPA with final design, construction, and operations)

$4,158,000 FHWA Division Office confirms the Recipient has met all the applicable Federal and local requirements including NEPA approval.

Total $4,900,000

3. Approved Project Budget.

Eligible Project Costs Total

CFI Grant Funds: $4,900,000 Other Federal Funds: $0 State Funds: $0 Local Funds: $700,000 In-Kind Match: $0 Other Funds: $1,300,000 Total: $6,900,000

4. Approved Pre-award Costs

None. The FHWA has not approved under this award any pre-award costs under 2 C.F.R.

200.458.

SCHEDULE E

CHANGES FROM APPLICATION

Scope:

The overall project remains the same in its intention to fill gaps in EV charging, to serve disproportionately impacted communities, to reduce greenhouse gas emissions, to incorporate education and community engagement, to support workforce development, and to meet the overall objectives of the federal Charging and Fueling Infrastructure discretionary grant program.

There are a few changes from the application that are described below.

In the application, Boulder County originally estimated the project would support the installation of 114 EV charging stations, with an estimated 94 Level 2 dual-port charging stations and 20 DCFC stations. This has changed due to anticipated impacts from inflation and utility incentive changes and Boulder County estimates supporting the installation of between 70-100 stations, with an estimated 80 percent Level 2 chargers and 20 percent DCFC. The exact number of stations will be adjusted as we work with utility partners and property owners during the planning and feasibility phase. Boulder County will however, as originally proposed, direct a minimum of 40 percent of charging infrastructure investment to serving disproportionately impacted communities.

In the application, Boulder County proposed to include both electric vehicles and multimodal transportation in the scope of community engagement, outreach, and education for this project.

This has changed to focus on electric vehicles and EV charging, to avoid confusion of attempting to cover too many topics with county residents. Instead, the project will direct residents to connect with the other resources and programs available for pedestrian, bike, and transit to address broader transportation needs.

Schedule:

The estimated schedule in the application was a project start date of January 1, 2024 and project end date of December 31, 2026. The schedule is being updated and revised to reflect a 4-year project duration with the project to start on the effective date of award and be completed in mid to late CY2028. The cause for the schedule changes are due to a delayed award announcement by the US DOT FHWA from what was original published, Boulder County applying and getting approval for this CFI award project in the TIP/STIP, to allow for adequate time for the pre-construction and construction activities for EV charging infrastructure, and for additional project planning and administration. The schedule was adjusted, and milestone added, to allow adequate time for Phase 1 pre-construction activities including NEPA approval.

The table below compares the Project milestone dates.

Milestone Application Agreement

Planned Construction Substantial Completion and Open to Traffic Date: December 31, 2026 July 31, 2028

Budget:

The federal funding total is unchanged from the application. The non-federal funds decreased by $100,000 from the original application. This change is due to a correction of the private entity’s 20 percent match so that it is calculated based on the EV charging costs only, and not 20 percent of the overall project costs. The overall match percentage changed from 30 percent to 29 percent relative to the total project cost.

The other noteworthy budget changes are budget adjustments between project-defined cost categories (i.e., EV charging preconstruction and construction, subrecipient project management, and grant administration). Boulder County will not pursue an overall project subrecipient as originally anticipated so the estimated costs for the subrecipient are moved to preconstruction, construction, and maintenance costs associated with the EV charging infrastructure. In the original application, Boulder County included grant administration costs for three years in the budget to ensure Boulder County can meet the policy, programmatic, financial, and reporting requirements for the grant. The part-time, temporary position for this work may be in house or through a temp agency. The modification from the application is the addition of one more year of administrative support. The match was also adjusted by dropping the in-kind contribution originally proposed.

The table below provides a summary comparison of the Project budget.

Fund Source Application Schedule D

Previously Incurred Costs Federal Funds Non-Federal Funds

Total Previously Incurred Costs $0 $0 Future Eligible Project Costs

CFI Funds $4,900,000 70% $4,900,000 71% Other Federal Funds $0 0% $0 0% Non-Federal Funds $2,100,000 30% $2,000,000 29%

Total Future Eligible Project Costs $7,000,000 $6,900,000

Total Project Costs $7,000,000 $6,900,000

Other:

In the application, Boulder County originally planned to subgrant funds to another entity as a subrecipient for all of the project management, through a competitive process. This has changed and Boulder County will manage the project. Boulder County will however, as originally proposed, competitively select one or more vendors for community engagement and EV charging station installations, operations, and maintenance.

In the application, Boulder County originally planned to work closely with the Colorado Department of Transportation (CDOT) on statewide efforts to streamline transit payments that can be integrated into charging infrastructure and shared mobility services. This has changed and Boulder County will not pursue being involved in the development of an integrated payment system, as this seems best managed by the state and the state is focused on adding transit agencies first. Adding other transportation modes, in addition to transit, is in the state roadmap but the timing for those features it not yet determined. Since it is unclear if the later phases of the streamlined payment system will occur during the period of performance of Boulder County’s CFI project, we have removed it from the project.

SCHEDULE F

CFI PROGRAM DESIGNATIONS

1. Corridor or Community Designation.

Corridor-Community Designation: Community

2. Funding Source.

Funding Source: Highway Trust Funds (Infrastructure Investment and Jobs Act (Pub. L. 117–58, § 11101(b)(1)(A) November 15, 2021)

3. Security Risk Designation.

Security Risk Designation: Low

4. Funding Act.

Infrastructure Investment and Jobs Act (Pub. L. 117–58, § 11401 November 15, 2021).

5. Funds Obligation.

Base Award: The amount of Federal funds obligated to the base award are listed on Page 1, Block 11. These funds are considered obligated upon FHWA signature on Page 1.

Amendments: If not fully funded by the base award, additional funding may be obligated to the award by FHWA’s execution of an agreement amendment. Each amendment will list the amount of Federal funds obligated by the amendment. These funds are considered obligated upon FHWA signature on the amendment.

FY 2023 CFI Program funds are available for obligation through September 30, 2026.

Once funds are obligated by FHWA to the grant, CFI Program funds are available until expended.

*For phased awards using multiple obligations as described in Schedule D, the Recipient must satisfy the Phase 2 Obligation Condition listed in Schedule D, Obligation Condition Table, by August 1, 2026, to allow FHWA sufficient time to obligate CFI FY 2023 funds prior to the obligation deadline of September 30, 2026.

SCHEDULE G

CFI PERFORMANCE MEASUREMENT INFORMATION

Study Area: Charge Up Boulder County: Better Access for EV Charging

Baseline Measurement Date: 3 months after the effective date of award

Baseline Report Date: To be submitted with the recipient’s first Quarterly Project Progress Report

NOTE: FHWA anticipates the CFI baseline measurement to be zero operational EV charging ports. The recipient may note the baseline measurement of “zero operational” in their first Quarterly Project Progress Report in order to satisfy the Baseline Report.

Quarterly Project Progress Report: The recipient must submit Quarterly Project Progress Reports to FHWA per Article 7 of the General Terms & Conditions, and in accordance with the format and content listed in Exhibit C, Quarterly Project Progress Reports.

After the CFI grant-funded EV charging ports become operational, the recipient must include the following performance measure in their Quarterly Project Progress Reports: “Number of EV charging ports (operational).” Submittal of the EV ChART information will satisfy the quarterly measurement required below for the performance standard.

Table 1: Performance Measure Table

Measure Category and Description Measurement Frequency

Number of EV charging ports (operational)

Number of EV charging ports that are operational (open for use by the public) as part of the grant project. For EV chargers, report by type, e.g., DCFC and level 2.

Quarterly

23 CFR 680.112 Reporting (EV Charging only)

Data reporting after each EV charging port is operational, as required by 23 CFR

680.112. Reporting using EV-ChART is

required. Electric Vehicle Charging Analytics and Reporting Tool (EV-

ChART) · Joint Office of Energy and Transportation (driveelectric.gov)

One Time, Quarterly, and

Annually

Refer to EV ChART Guidance.

SCHEDULE H

CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS

Consideration of Climate Change and Environmental Justice Impacts.

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

X The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)

The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)

The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)

X The Recipient or a project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.)

The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.)

The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.)

X The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.)

X The Project supports the installation of electric vehicle charging stations.

(Describe that support in the supporting narrative below.)

The Project promotes energy efficiency. (Describe how in the supporting narrative below.)

The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.)

The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.)

X

The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.)

The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.)

The Project supports or incorporates the construction of energy- and location-efficient buildings. (Describe how in the supporting narrative below.)

The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.)

The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project. (Describe those actions in the

The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.)

The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.

Supporting Narrative.

The project directly supports the Boulder County Sustainability, Climate Action & Resilience Plan and the reduction of greenhouse gas emissions (GHG). The plan can be found here (https://bouldercounty.gov/climate/sustainability-plan/), and this project supports the goals and strategies outlined in the climate and transportation chapters. The project also aligns with the State of Colorado’s Greenhouse Gas Pollution Reduction Roadmap (https://climate.colorado.gov/greenhouse-gas-roadmap).

The project uses the following environmental justice tools: 1) State of Colorado’s legal definition of "Disproportionately Impacted Community,” (House Bill 2023- 1233 available online https://leg.colorado.gov/bills/hb23-1233); and 2) a map developed by Boulder County and project partners that leverages the state definition above as well as multiple environmental justice focused GIS map layers.

The Project incorporates electrification infrastructure. The Project supports the installation of electric vehicle charging stations.

One of the primary causes of poor air quality in Boulder County is ozone pollution and we received an “F” grade for ozone pollution in the air quality report by the American Lung Association. According to Lung Association researchers, “More than 3,900 children in Boulder County have asthma and are at risk.” The Project avoids adverse environmental impacts to air quality through reduction in air pollutants and greenhouse gases by supporting the replacement of fossil fuel vehicles with electric vehicles. By supporting the installation of electric vehicle charging stations, the project supports increased access to charging and therefore addresses range anxiety, one of the top barriers to electric vehicle adoption. Electric vehicles and EV charging directly improve air quality.

SCHEDULE I

EQUITY AND BARRIERS TO OPPORTUNITY

Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.

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

X A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)

X

The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)

The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.)

The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation.

(Identify the new or improved access in the supporting narrative below.)

The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)

X The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity. (Describe those actions in the

The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.)

The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.

Supporting Narrative.

A racial equity impact analysis has been completed for the Project: The Boulder County Racial Equity Impact Assessment Tool (REIAT) is an adaptation from the Government Alliance on Race and Equity (GARE) Racial Equity Toolkit. It includes a set of questions that can help the organization to engage in healthy racial dialogue, and to integrate explicit consideration of racial equity in the project. It is both a product and a process. The racial equity impact assessment was completed for this project on October 3, 2024, including a review by a panel of Racial Equity Practitioners in our organization who have the will, skill, knowledge, and capacity to offer this project structured feedback in the form of strengths, things to consider, and questions for reflection. Since we are all learning together how to integrate a racial equity lens to our activities, we consider it valuable to submit our Racial Equity Tool to the racial equity team and go through the panel process. No report is produced through this process. We anticipate continuing to revisit racial equity throughout the project duration.

Boulder County is in the process of developing equity and inclusion plans, policies, and programs across the institution as described in the following paragraphs.

In 2018, the Board of County Commissioners, with the full support of county and racial equity leadership, made transformational racial equity one of the county’s strategic priorities. As fully stated in Boulder County’s Policy 1.06, racial equity is one of the county’s strategic priorities and the county has a moral responsibility to interrupt institutional racism that manifests through racist laws, policies, practices, and behaviors. Local procurement reform offers a powerful opportunity to spend wisely and deliver the best service possible, spur economic development in underserved communities, and address longstanding systematic inequities that have locked minority- and women-owned business enterprises (“MWBEs”) out of opportunities. More open, transparent, and outcome-driven procurement processes can help the county leverage its spending power to bolster the economic wellbeing and equity of Boulder County. Accordingly, the county intends to provide the maximum practicable opportunity for increased participation by MWBEs and to ensure that county contracting and procurement practices do not support discrimination in employment and services when the county procures public works, goods, and services from the private sector.

The Boulder County Purchasing department, with the support of the Board of County Commissioners, will make changes in county procurement and contracting requirements to make it easier for MWBE firms to do business with Boulder County. This includes, but is not limited to:

a. Increasing outreach to MWBEs by partnering with community-based organizations such as Boulder SBDC, Workforce Boulder County, and OEDIT;

b. Posting bid opportunities on social media using Boulder County’s main social media accounts;

c. Adjusting evaluation criteria in RFPs so that the criteria are not overly restrictive or stringent for MWBE firms when feasible;

d. Review the extent to which solicitation times of some RFPs may create barriers for MWBE participation and, if so, consider extending those solicitations when feasible;

e. In coordination with Risk Management, review insurance requirements for certain bids and contracts to ensure that they do not create barriers for MWBEs in the context of the nature and degree of risk to the county; and

f. Maintain one online bidding platform to enhance engagement opportunities and provide a simplified intake process.

Boulder County recently concluded a disparity study to better understand the status of work contracted by the county, who are the benefactors of such contracted work, and whether or not minority- and women-owned businesses enterprises (MWBEs) are benefitting from the county’s procurement opportunities. Staff are in the process of using the study results to make recommendations to county leadership by late 2024 to advance procurement policy and procedure recommendations to address the disparity findings.

SCHEDULE J

LABOR AND WORK

Efforts to Support Good-Paying Jobs and Strong Labor Standards

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

The Recipient or a project partner has adopted the use of project labor agreements in the overall delivery and implementation of the Project. (Identify the relevant agreements and describe the scope of activities they cover in the

The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project, subject to all applicable State and local laws, policies, and procedures.

(Describe the relevant provisions in the supporting narrative below.)

The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project.

(Describe the use of registered apprenticeship in the supporting narrative below.)

X The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the

The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.)

The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking.

(Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.)

The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)

The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:

a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law;

b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements;

c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;

d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin;

e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and

f. maintaining robust anti-retaliation measures covering employees and contractors.

(Describe the equal opportunity plan in the supporting narrative below.)

The Recipient has taken other actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.)

The Recipient has not yet taken actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.)

The Recipient has not taken actions related to the Project to improving good-paying jobs and strong labor standards and will not take those actions under this award.

Supporting Narrative.

This project includes an investment into workforce development efforts that focus on preparing underrepresented groups for careers in electric vehicle (EV) infrastructure jobs. This project will invest in workforce development programs that provide local training, pre-apprenticeship and/or work-based training, and connections to prospective employers of EV infrastructure job opportunities.

As mentioned in Schedule I, Equity and Barriers to Opportunity, in this award agreement, Boulder County recently concluded a disparity study to better understand the status of work contracted by the county, who are the benefactors of such contracted work, and whether or not minority- and women-owned businesses enterprises (MWBEs) are benefitting from the county’s procurement opportunities. Staff are in the process of using the study results to make recommendations to county leadership by late 2024 to advance procurement policy and procedure recommendations to address the disparity findings.

SCHEDULE K

CIVIL RIGHTS AND TITLE VI

1. Recipient Type Designation.

Recipient Type Designation: Existing

Existing Award Program: Safe Streets and Roads for All (SS4A) program FY2022, Federal Assistance Listing Number 20.939

2. Title VI Assessment Information.

This section is not applicable because the Recipient Type Designation is “Existing.”