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2012 CON Dept of Transportation - Community Based Transportation Planning Grant
City of National City Agreement Number 74A0643 Page 1 of 11 FUND TRANSFER AGREEMENT THIS FUND TRANSFER AGREEMENT (FTA), IS ENTERED INTO EFFECTIVE ON February 1, 2012, between the State of California, acting by and through its Department of Transportation, referred to herein as DEPARTMENT, and the City of National City, hereinafter referred to as AGENCY. RECITALS 1. Under this FTA, the DEPARTMENT is conveying State grant funds to AGENCY, pursuant to Budget Act Line Item 2660-102-0042, who will conduct transportation studies and planning within the regional area under the jurisdiction of AGENCY. 2. AGENCY has agreed to implement Safe, Multi -Modal Accessible Routes to transit, work, school, services, and recreation (SMART Foundation), hereinafter the Project, subject to the terms and conditions of this FTA. The Project Description (Scope of Work, Schedule and Costs) is attached hereto as Attachment II. 3. The resolution authorizing AGENCY to execute this FTA pertaining to above described Project is attached hereto as Attachment I. 4. All services performed by AGENCY pursuant to this FTA are intended to be performed in accordance with all applicable Federal, State, and AGENCY laws, ordinances, regulations, and DEPARTMENT's published manuals, policies, and procedures, except that AGENCY laws, ordinances, or regulations may not be inconsistent with Federal and State laws, regulations, manuals, policies and procedures. 5. Project funding is as follows: FUND TITLE FUND SOURCE DOLLAR AMOUNT SHA State of California $300,000.00 6. This FTA is exempt from legal review and approval by the Department of General Services, because, as provided in Budget Act Line Item 2660-102-0042 it comprises a grant of State funds and is thus exempt from the provisions of the Public Contract Code pursuant to several opinions of the California Attorney General, including 58 Ops. AG 586 (1974), 63 Ops AG 290 (1980), and 74 Ops AG 10 (1991). SECTION I AGENCY AGREES: 1. To timely and satisfactorily complete all Project Work described in Attachment II. 2. AGENCY will attend a kickoff meeting with the DEPARTMENT to be scheduled within one (1) week from receipt of notice to proceed by the Caltrans' Contract Manager. SECTION If IT 15 'Mt t T UALLY AGREED: City of National City Agreement Number 74A0643 Wage 2 of 11 In consi aeration of the foregoing and the mutual promises of the parties hereto, AGENCY and DEPAR fMENT agree as follows: 1. Not fication of Parties a. AGENCY's Project Manager is Stephen Manganieilo, 619-336-4380. b. DEPARTMENT's Contract Manager is Mike Pickford, 619-688-2510 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 National City Attention: Stephen Manganiel o Project Manager 1243 National City Boulevard, Engineering Division National City, CA 91950 California Department of Transportation District 11 - Planning Attention: Mike Pickford Contract Manager 4050 Taylor Street, Building 2, 4th Floor San Diego, CA 92110 2. Per od of Performance Rernbursable wort under this FTA shall begin no earlier than on February 1, 2012, con'ingent upon: approval of this FTA by DEPARTMENT, and will termirate on February 28, 201 3. Chz nqes in Terms/Amendment Thit- FTA may only be amended or modified by mutual written agreement of the parties. 4, Ter nination a. The DEPARTMENT may terminate this FTA for convenience by giving written notice to the other party at least thirty (30) days in advance of the effective date of such termination or immediately for cause in the event of material breach b. In the event of termination for convenience, the DEPARTMENT will reimburse AGENCY for all allowable, authorized costs up to the date of termination. 5. Co: t Limitation a. The total arr:ount reimbursable to AGENCY pursuant to this FTA by DEPARTMENT shall not exceed $300,000.00. City of National City Agreement Number 74AC643 Page 3 cf 11 b. It is agreed and understood that this FTA fund limit is an estimate and that DEPARTMENT will only reimburse the cost of services actually rendered as authorized by the DEPR.R T MENT Contract Manager at or below that fund limitation established hereinabove 6. Pay vent and tnvaicinq a. The method of payment for this FTA will be based on actual allowable costs. DEPARTMENT 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 an approved indirect cost allocation plan as set forth in Section 9.d, below. The total cost shall not exceed the cost reimbursement limitation set forth in Section 5.a, above. Actual costs shall not exceed the estimated wage rates, Tabor costs, travel and other estimated costs and fees set forth in Attachment tI without an amendment to this Agreement, as agreed between DEPARTMENT and AGENCY. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in the performance of the Project work. AGENCY must not only have incurred the expenditures on or after the Effective Date of th--s FTA and before the Termination Date, but must have also paid for those costs to claim any reimbursement. c. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Personnel Administration 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 contractors, its subcontractors, and/or its sub recipients, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process. d. AGENCY may submit invoices to DEPARTMENT at least quarterly but no more frequently than monthly in arrears for completion of Milestones in accordance w'th the schedule in Attachment II to the satisfaction of the Caltrans Contract Manager. Invoices shall reference this FTA Number and shall be signed and submitted to the Contract Manager at the follovnna address' California Department of Transportation District 11 - Planning Attention: Mike Pickford, Contract Manager 4050 Taylor Street, Building 2, 41' Floor San Diego, CA 92110 Invoices shall include the following information: 1. Names of the AGENCY personnel performing work 2. Dates and times of service 3. Locations of service (AGENCY - address) 4. Itemized costs as set forth in Attachment 1I, including identification of each employee or subcontractor staff that provided services during the period of the invoice, the number of hours and hourly rates for each employee or subcoitractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and subcontractor invo]:ces. 5. AGENCY shall submit written progress reports with each set of invoices to allow the DEPARTMENT's Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate g City of National City Agreement Number 74A0643 Page 4 of 11 interim findings, and to afford occasions for airing difficulties respecting special problerns encountered so that remedies can be developed. Incomplete orrr inaccurate invoices shall be returned to the AGENCY unapproved for correction. Failure to submit invoices on a timely basis may be grounds for -erm;nation of this Agreement for material breach per Item 4, Termination above. DEPARTMENT will reimburse AGENCY for all allowable Project costs Et least quarterly but no more frequently than monthly in arrears as promptly as DEPARTMENT fiscal procedures permit upon receipt of an itemized signed invoice. 7. Rep,”rts a. Any document or written report prepared as a requirement of this FTA shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports. b. Refer to Section II, item, 21, below, regarding the Project Closeout Report. 8. Loc„ I Match Funds Except where expressly allowed in writing herein, reimbursement of credits for Iccal matching funds wit be made or allowed only for work performed on and after the start dale and prier to the termination date of this FTA, unless expressly' permitted as local match expenditures made prior to the effective date of this FTA by prior executed SB 280C FTA for Local Match Fund Credit. b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this FTA or in any Attachment hereto, toward the actual cost of the services described In Attachment II or the amount, if any described in an executed SB 2800 (Streets and Highways Code section 164.53) agreement for local match fund credit, whichever is greater. 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 Environmental Justice and Community Based Transportation Planning Handbook located at the Office of Community Planning website: httpil,/ww,v.dot.ca.aowheitpplofficesiocniel cbtp toolbox.html 9. Cos Principles a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 225 (formerly Office of Management and Budget Circular A-87), Cost Principles for State, Local and Tribal Governments, and 49 CFR. Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. b. AGENCY agrees, and wit: assure that its contractors 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., shad be used to determine the allowability of individual Project cost items and (b) all parties shall comp;y with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniforrn Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub -recipient receiving Project funds as a contractor, subcontractor, or sub -grantee irinder this Fl A shall comply with Federal administrative City of National City Agreement Number 74A0643 Page 5 of 11 procedures n accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. c. Any Project costs for which, AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Pal, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by AGENCY to DEPARTMENT. Should AGENCY fait to reimburse moneys due DEPARTMENT within thirty (30) days of discovery or demand, or within such other period as may be agreed in writing between the Parties :hereto, DEPARTMENT is authorized to intercept and withhold future payments due AGENCY from DEPARTMENT 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 prepare and submit annually to DEPARTMENT an indirect Cost Allocation Plan and Indirect Cost Rate Proposal in accordance with 2 CFR, Part and Local Assistance Procedures Manual (LPP 04-10). le. Arm scans with Disabilities Act By s ening this FTA, AGENCY assures DEPARTMENT that in the course of performing Proj >ct work, it will fully cornply with the applicable provisions of the Americans with Disa bilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as a! applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.1 11. lndit mnification Nett ter DEPARTMENT nor any officer or employee thereof is responsibie for any injury, darr age or liability occurring by reason of anything done or emitted to be done by AGENCY, its c ficers, employees, agents or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon AGENCY under this Agreement. It is understood and agreed that AGENCY, its officers, employees, agents, or subcontractors shall fully defend, indemnify and save harmless DEPARTMENT and all its officers and employees from all clair is, suits or actions of every name, kind and description brought forth under, including, but not Y mired to, tortuous, contractual, inverse condemnation or other theories or assertions of liabi ity occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents or subcontractors under this Agreement. 12. Nor -Discrimination a. During the performance of this FTA, AGENCY and all of its subcontractors and '.1s sub - recipients, if any, shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color; ancestry, religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, and denial of pregnancy disability leave. AGENCY, its subcontractors, and sub recipients shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. AGENCY, its subcontractors and sub -recipients shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section Y285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated City of National City Agreement Number 74A0643 Page 6of11 into this FTA by this reference and are made a part hereof as if set forth in full AGENCY, its subcontractors, and sub -recipients shall give written not]ce of their obligations under this clause to labor organizations with which they have a collective bargaining or other collective bargaining agreements in place. b. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this FTA. 13. Fun,linq Requirements It is mutually understood between the parties that this FTA may have been written for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the FTA was executed only after ascertaining the availability of a congressional or legislative appropriation of funds. b. This FTA is valid and enforceable only if sufficient funds are made available to DEPARTMENT by the United States Government ar,d/or the California Stata Legislature for the purpose of this Project. In addition, this FTA is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this FTA in any manner. c It is mutually agreed that if the State Legislature does not appropriate sufficient funds for the program and Project, this FTA shall be amended to reflect any reduction :n funds. d. DEPARTMENT has the option to terminate this FTA under the thirty (30) day termination clause or to amend this FTA tc reflect any reduction of funds. In the event of an unscheduled termination, the DEPARTMENT Contract Manager may reimburse allowable AGENCY costs in accordance with the provisions of Section II, Item 4, Termination. 14. Aud is and Records Retention 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 tc Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs al 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 FTA shall be maintained for a minimum of three (3) years from the dale of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of DEPARTMENT, 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 DEPARTMENT or its agents. In conducting an audit of the costs and match credits claimed under this FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of federal and State 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 DEPARTMENT when planning and conducting additional audits b. For the purpose of determining compliance with applicable State and federal law in connection with the performance of AGENCY's contracts with third parties pursuant to City of National City .Agreement Number 74A0643 Page 7 of 11 Government Code section 8546.7, AGENCY, AGENCY's contractors, subcontractors, and sub -recipients and DEPARTMENT shall each maintain and make available for inspection al' 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. Al of the above referenced parties shall rnake such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date cf final payment to AGENCY under this FTA. DEPARTMENT, the California State Auditor, or any duly authorized representative of DEPARTMENT or the United States Department of T ransportation, shall each have access to any books, records, ant documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies `hereof if requested. c. AGENCY, its contractors, subcontractors, and sub -recipients will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Emp'soymert Practices and Housing Commission, or any other agency of the State of California designated by DEPARTMENT, for the purpose of any investigation to ascertain compliance with this FTA Additionally, all grants may be subject to a pre -award audit prior to execution of the FTA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs. 15. Dist utes a. Any dispute concerning a question of fact arising under this FTA that is not disposed of by agreement shall be decided by the DEPARTMENT Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The decision of the DEPARTMENT's Contract Officer shall be the DEPARTMENT's final decision regarding the dispute_ b. Neither the pendency of a dispute nor its consideration by the DEPARTMENT's Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of the FTA. 16. Thh d-Party Contracts AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without prior written authorization by DEPARTMENT's Contract Manager unless expressly included (sub - recipient identified) in Attachment II as part of the identified Project ,work. b. AGENCY may use their procurement procedures as long as they comply with 49 CFR, Part §18.36 and Local Assistance Procedures Manual, Chapter 10. All government funded consultant procurement transactions must be conducted using a fair anc competitive procurement process that is consistent with 49 CFR, Part §18,36. Any subcontract entered into as a result of this FTA shall contain all the provisions stipulated in this FTA to be applicable to AGENCY's contractors/subcontractors. d. The DEPARTMENT does not have a contractual relationship with the AGENCY's contractor's/subcontractors and the AGENCY shall be fully responsible for all work performed by its contractor's/subcontractors. City of National City Agreement Number 74A0643 Page 8 of 11 e. Prior authorization in writing by the DEPARTMENT Contract Manager shall be required before AGENCY enters into any non -budgeted purchase order or sub -agreement for supplies, or consultant services. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. Any sub -agreement entered into as a result of this FTA shall contain all of the provisions of this Item f a. Copies of all agreements with sub -recipients, contractors and subcontractors must be submitted to the Caltrans' Contract Manager. g. Any subcontract entered into by AGENCY as a result of this FTA shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section II, Item 6c, Payment and Invoicing. 17. Disr bled Veterans Business Enterprise Should Military and Veterans Code sections 999 et seq. be applicable to AGENCY, AGENCY shall meet the 3% Disabled Veterans Business Enterprises goals (or AGENCY's applicable higher goals) in the award of every contract for Project work to be performed under this F FA. b. AGENCY shall have the sole duty and authority under this FTA and each amendment to determine whether these referenced DVBE code sections are applicable to AGENCY and, if so, whether participation asserted by those Contractors of AGENCY were sufficient as outlined in Military and Veterans Code sections 999 et seq. 18. Dru 3-Free Workplace Certification By : gning this FTA., AGENCY hereby certifies under penalty of perjury under the laws of Cali arnia that AGENCY will comply with (he requirements of the Drug -Free Workplace Act of 199'! (Government Cede section 8350 et seq.) and will provide a Drug -Free workplace by doing all c the following: 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(b) to inform employees about all of the following l he 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. Provide, as required by Government Code section 8355(c), 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. Failure to comply with these requirements may result in suspension of payments under this FTA or termination of this FTA or both, and AGENCY may be ineligible for the award City of National City Agreement Number 74AC643 Page 9 of 11 of any future state contracts if DEPARTMENT 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. 19. Rela tionship of Parties It is ;xpressly understood that this FTA is an Agreement executed by and between two (2) inde )endent governmental entities and is not intended to, and shall not be construed to, cree:e the relationship of agent, servant, employee, partnership, joint venture or association, or a ,y other relationship whatsoever other than that of an independent party. 20. Stag -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 DEPARTMENT 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 exactng 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 Contract 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. 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. To use the State-owned data only for State purposes under this FTA. c. To not transfer Slate -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.) 21. Pro ect Close Out a. The FTA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date the FTA expires. AGENCY has sixty (60) days after that Expiration Date to make final allowable payments to Project contractors or vendors, submit the Project Closeout Report and final invoice to DEPARTMENT for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by that sixtieth (60th) day will be reverted and will no longer be accessibe to reimburse late Project invoices. City of National City Agreement NUnnber74AO645 Page C0f 11 b DEPARTMENT reserves the right !owithhold final payment toAGENCY pending receipt o[8nE|de|ivorob|p(o)bythe QEP4RTMENT'sCon}roct Manage, C. AGENCY will provide five (5)copies and one (1)electronic version ofdhvP/uoci Close -Out .oportunthe DEP&RTMENT'sContract Nnoage'. SECTION II ATTAC1 MENTS City of Nationa! City Agreement Number 7440643 Page 11 of 11 The folic wing attachments are incorporated into and are made a part of this FTA by this reference and atta::hment. AGENCY Resolution Scope of Work, Schedtife, and Cost IN WITNESS WHEREOF, the parties hereto have executed this FTA on the day and year first herein a )ove written: STATE )F CALIFORNIA CITY OF NATIONAL CITY DEPAR—WIENT OF TRANSPORTATION By, j4Z/4),a, Title: Cc ntract Officer Title: Date: \.3/4-/--/— Date: alaccha) By: Titie: Date: By: Title: Date: City of National City Agreement Number 74A0643 Attachment 1 Page of 3 RESOLUTION NO. 2011 — 192 3ESOLU T ION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY At CEPTING A COMMUNITY -BASED TRANSPORTATION PLANNING GRANT FROM CALTRANS IN THE AMOUNT OF $300,000, AUTHORIZING 1 tlE CITY MANAGER TO EXECUTE ALL. GRANT DOCUMENTS REQUIRED 3Y CALTRANS FOR PREPARATION OF A COMPREHENSIVE CITYWIDE Si. STAINABLE TRANSPORTATION SYSTEM PLAN TO ENHANCE MOBILITY ACCESS, AND SAFETY, AND APPROPRIATING MATCHING FUNDS FOR TI IE PROJECT IN THE AMOUNT OF $75,000 AVAILABLE THROUGH THE 2011 TAX ALLOCATION BOND WHEREAS, on March 15, 2011, the City Council adopted Resolution No. 2011- 65 authori ping the submittal of an application for a Caltrans Community -Based Transportation Planning ('CBTP") Grant in the amount of $300,000 for preparation of a Comprehensive Citywide ustainabie Transportation Systems Plan to enhance mobility, access, and safety, and committini: to a local match of $75,000 (available through the 2011 Tax Allocation Bond), for a total proje t cost of $375,000; and WHEREAS, the purpose of the Plan is to enhance access and safety to encourage multi -model transportation such as walking, bicycling, and transit through a comprehe wive citywide evaluation of existing and proposed land uses and transportation facilities, i!cluding integration of current policies and recommendations established in the General Fan Update, the recently adopted Bicycle Master Plan, and the current Specific Area Plans; anc WHEREAS, on July 25, 2011, staff was notified by Caltrans that Nationai City's project ap; Iication for a CBTP Grant had been selected for funding in Fiscal Year 2011-2012, and that a City Council resolution stating the title of the person authorized to execute all grant document: with Caltrans was required by September 12, 2011, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National C ty hereby accepts the Caltrans Community -Based Transportation Panning Grant in the amour tof-$300,000 forpreparation-of-a-Oomprettertsivd City-wide"Sustair finie Transport( tion Systems Plan to enhance mobility, access, and safety. BF IT FURTHER RESOLVED by the City Council that the City Manager is hereby aul horized to execute all Community -Based Transportation Planning Grant documents required b Caltrans for preparation of a Comprehensive City-wide Sustainable Transportation Systems F ran . BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriat,jn of matching funds in the amount of $75,000 available through the 2011 Tax Allocation 3ond, for a total project cost of $375,000. -- Signature Page to Follow --- Resaiutio No. 2611 — 192 Page ! vvc PASSED and ADOPTED this 6th day of Septembe 2011. ATTEST: ;72-1(21 Michael F. ail , Ci y Cler (T1 PROVID AS TO FORM: q. Silva City Atton e Cily ot Natamal City Agreement Number 74A0643 Attachment I Page 2 of 3 on Morrison, Mayor City of National City Agreement Numaei 74A0b43 Attachment Page 3 of 3 Passed ire adopted by the Council of the City of National City, California, on Septemb r 6, 2011 by the following vote, to -wit: Ayes: Councilrnembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None, Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREB r1- CERTIFY that the above and -foregoing is a full, trueand correctcopy of RESOLU—ION NO. 2011-192 of the City of National City, California, passed and adopted E y the Council of said City on September 6, 2011. City Clerk f th� Cit af National City, California By: Deputy SCOPE OF WORK: SCOPE T kSKS and PRODUCTS City or Nat iona! City Aareetlient Number 7,1A06113 Attattlinten111 Page 1 of 10 FOIINDA7i N 1. PROSE, Tr N1ANAGEMENT AND COORDi NATION Task 1.1: ' oec 1 initiation cc Kiel -off meeting with Caltrans staff. finalize scope, and conduct internal staff project meeting. Meeting surit;naries will be clocumented. Task 1.2: fit for CfritiLlitInt Services • Cor. plete P process for notifying. short listing. inter viewing and selecting. transportation, planning and pub: ic input consultant. Task 1.3: Staff Coordination • thly interdepartmental face-to-face meetings with consultants and the City stall project manager will be e ducted to ensare clear communications and to assure the project remains on time and within budget. The c meetings will include the review of monthly progress reports. Caltrans staff will be informed of the mot ings. Task IA: Qfarterly Reports • City staff will submit quarterly reports to Caltrans District staltiproviding a summary of project progress and pianglocal match expenditures. Task 1.5: Pi oject Wrap-up Reporting and Actions • (inc the project is complete, the City of National City will submit and present the findings of the report to SAT- DACi and Caltrans District I I and will make available the resnits of the study and its process, avai able on a website (see also i['ask 6.5). Task .6: management and Staffing of the Steering Committee g Ctrs staff will organize, conduct and summarize the Steering Committee intended to direct the consultant's etifiv ts. Additional meinbers of the public will be considered for the Committee_ Task 1 Ditalk srabla 1 I Prole( initiation 1.2 COTISL/tan/ selection 1 3 Montr;'y staff coordination 1,4 Quaff rly Reports 1.5 1.5 Project ' Wrap-up Report and Actions fDocurnaritation Meeting summary Contract Mana emen( and Staffing of the Steering Committee Monthly meeting summary notes, progress reports and invoices Quarierty progress reports and invoices Flita/ digital files. website postings and presentation materials Agendas and meeting minutes City of °:atio[a Agreement Number 7,1A06213 Attachment 11 Page 2of10 2.0 EXISTr G CONDFFEONS Task 2.`: F., fisting Planned Coals • titil re prior and existing planning eft -bias, such as the General plan. Specific Plans, Bicycle Master flan. Circ elation Element. Af)A Study' and Safe Routes to School Programs, and synthesize a comprehensive set of g gals and policies to build the "Foundation" to achieve multiple goals it) WI ]ritegrated way, including loca and regional land use goals. Task 2.2: S: rnmarize State Mandates and Previous Efforts for Conformance O Summarize slate mandates Such as AB 32 Global Solutions Act. SB 9? CEQ A Directives for GI NG, S13 375 Rcd signing Comrnanities for GHG Reductions. and AB 1358 Complete Streets and translate ;hem into an actiin plant. ('it. staff will provide a sunnnary ofthc efforts rnade to date in the implementation of these inundates. The disc rssion will he mostly iirtited to transportation related policies and implemented actions. Task 2.3: R. view and Add to Goals and Objectives • the Eity of National City will identif and appoint a Steering Committee to guide the overall project procss_ City staff will coordinate. conduct and document these meetings. The primary focus will be for initi..1 directions and review of the plan work products. ® The consultatrt will summarize existing goals identified to date and will add some additional vision statcments, objectives and other goals. • fhe .ronsultant will work with city staff and the steering committee to refine the project vision, goals, objc:tives and implementing strategies for the project. Task 2.4: E' fisting Conditions Mapping • Circ dation Mapping: An updated base map and aerial ortho-photo map will be prepared and verified with City engineering ing staff to determine road classifications, ADTs, posted speed, observed speed, overall widt ts, capacity ane lane geometry. • Bike Facilities Mapping: Utilizing the recently adopted Bikewag Master Plan, summarize the existing and prof_ascd facilities as well as prioritized capital projects related to implementing the plan. p an, Use Mapping. f;sisting land uses throughout the City will be Wrapped and their compared with prof3sed land use neaps to determine where probable growth will he occurring. An overlay of specific plan area and smart growth boundaries will be prepared as well. Task 2.5: Walking ir'aei'ity Inventory • Peis stEian Facilities Mapping, Inventory and map existing, planned and proposed walkways into cate ;oriel of village, district, corridor, neighborhood and connector walkway systems_ Mapping will incicdc .missing walkway systems as well This effort will require a substantial amount of fieldwork in orde ° to spot check existing CAD, GIS and aerial mapping that can be done remotely. Task 2.6: Va alktng Facility Analysis • pedestrian Barrier Mapping: A computer model of barriers to pedestrian mobility will be prepared inch ding rail hues :ropey lines, water bodies; freeways, limited access roads, step slopes, major brier sais and arge land ownership blocks with no public access. • Pedi,striai 1-tmaetor yapping: A computer model of existing employment centers, mixed land uses, public budcing5, public spaces, schools, transit stops_ parks, commercial censers, grocery scores and other important public -use facilities will be mapped. Each of the destination points or attractors will be analyzed with valking distance zones utilizing the existing, walkway network. A 5, 10 and 15 ininutc walking time will ae used to determine the area that can be covered by a pedestrian, assuming an average speed and average wan tithes at intersections. City of t' atonai City Agreement Vuntber 74A0643 Attachment 11 Page 3 of ? 0 o s'eQ. titr c.n Generator Mapping.: A computer model of existing population densities, Sit}n53bg units per acre, and wthcr veilSUS dernographic and Socioeconomic data v 111 be used to determine the areas of the city most rake;: to contribute :o generating pedestrian traffic. A 5, 10 and 15 minute walking time will be used to dete -mine the area that can be covered by a pedestrian, assutning an average speed and average Wail. Hines at it :ersections_ These distances will be from the centroid of census blocks. Aiiaster Geographic Resource Unit, ; or traffic zones or ether standard :nits ar block configurations #or the area. • Pedi stria:) Composite Mapping: A composite layer will be created for areas where csbiting generators and attrn,:tors are within'' talking distances of each other. These will he classified as existing tv�alking zones. 'Chi: facilities mapping and barrier mapping will ills° be overlaid to determine where esdst ne facilities are adet sate and where barriers will need to be addressed. • Pe& strian and Bike Collision and Safety Data: 1'he Califbrnia DOT SWITERs database will be utilized to (loci merit and map :he collisions that have occurred over the past 5 years. The data will be queried for all bike -to -vehicle. bike -to -bike. bike -to -pedestrian, pedestrian -to -vehicle collisions. The locations of these collisions will be mapped and the conditions cr causes will also be put into the GIS database- Task 1 Di:liverable 2.1 I'I n: red Goal Summary 2.2 Si mmarize State Mandates and Egcris for Cr nforniance 2.3 Rc new and Add to i3.cials and Objectives : Refined and prioritized lists of visions, goals & objectives GIS files and hardcopy maps showing the circulation system, hike ocumentaticn Lists of existing ✓is,ons, goals & objectives Summary of mandates and previous conformance effects 2.4 i EA -sting Conditions Mapping facilities system and current iand uses 2.5 W_ (king Facility inventory 2.6 iking Facility Analysis 3.0 PUMA(' INPUT Field inventory maps with walkway classifications and major deficiencies noted Various maps, tables and text descriptions denoting the barriers, attracters. generators and safety maps along wit a composite ma showing areas where walking is currently'ikeiy Task 3.1: Edi.,,artify Primaar. Stakeholders o he reliniinary consideration is that four primary stakeholder groups are tine Ones most likely to utili: e walking, bicycling and transit systems_ "Ihe focus on these groups''ili likely return the greatest results. o Pub is participation will be focused on four stakeholder groups seniors and retirees, Hispanics, pare rts of child:ren..110 walk and:or bike to school and young professionals — who arc traditionally undtr-represented and underserved. • i'ublc outreach will also be conducted for the broader community beyond the lour identified focus stakeholder groups. Community awareness and involvement of general public are critical components of th;: planning, process. Task 3.2: Da.velop Public Input Strategy Plan • Though this section denotes a foundation for public input, further analysis of user groups and stakholders will require the customization of the public input strategy plan. As a starting point, the public input process 'will be interactive to insure stakeholder groups and the general public that the proci_ss is one in which their input is sought and will he considered. The process veil: not be one where suggestions and actions are preconceived. The input will truly reflect the suggestions of the public. • 1 imt will not be spent on strategizing pre -conceived results or certain objectives. the results and priorities will come front the community. This dedication to the process will assure that proposed changes es in the future will actually result in increased reliance on walking, bicycling and transit use. • \oti:ication of meetings will be distributed to ail National City residents and local business owners. .] ti City of Nati<>na1 City Agreement Number 7i 06,13 Attachment 1I Page 4 or < r ?il • A_1 >ork,bops will Include i.le tone of public input Surat as: quesEionnaires. con-.ment cards. vote -by dot. >itcky notes. table top exercises. prioritization 1(yint�:., compute r handheld or -the voting. opei microphone. and question and uis'.s'i'r sessions. o All •corkshops will include a large aerial photo plot v Eh street names. This plot twill be screened back in o'-ter to accent written notes, hnehl:i htine or the placement of dots that denote areas where :oeuple tt-all and areas where sp eci is problems of access, connectivity and Safety currently exists. Task 3.3: Ciindati Se nior Focus Vcorltshops • Sem irs and retirees will be reached through existing or new Health }-'airs held in partnership tvith Paradise Valley Hospital, San Ysidro }'teahh Center andror i.n Macstra Family Center. • l hrs. workshops seeking input will be held at the Kimble & ,Morgan 'towers Senior Center and Paradise Village Senior Cowuiunity Mask 3.4: C:>nt'uct xispa ie Focus Workshops • I list lnic and primarily Spanish-speaking oot each vi ill be through churches, companies with large nun'tees of Hisnunr; employees and Spanish -language media. A bilingual presenter wilt be available for t anila€ion at public events_ • Fly. s and posters in English and Spanish 1ai11 be placed in prominent locations such as Community Park,. public libraries, large commercial centers (e.g. Walnlart, Food 4 Less) and ether places that attra,_t large numbers of people. • 7hre e workshops will be conducted at neighborhood facilities located in areas that show pred uninantly Hispanic home -ownership or have significant Hispanic renters. Task 3.5: Ca arduct Parent i child Focus Workshops • P rr ots of children who walk andior bike to school will be consulted through surveys and educational pail thlets, after -school Safety Fairs, and presentations at PTA ! school -site meetings. • A w xkshop will be held at the local Boys & Girls Club. • 'fhres additional workshops will he conducted in separate geographic centers of the City utilizing local schcois for the €oration oldie workshops_ Task 3.6: Cc heart Yount; Professional Focus Workshops © Fact :wok. '€'witter w:d a phone application will be utilized to reach young protescionals and the irentlal public as well. • Additional outreach to the _general public wo-illbc, through National City's Neighborhood CounciIs, the. National City Collaborative Family Resource Center. an interactive web link, editorials, articles, media titers and local community events such as the Taste of National City, Relay for Life and Public Safety Fair_ Business association presentations will he made to the National City Chamber of Commerce and thro:.gh partnerships with local service organizations such as the National City K:v,anis and Lions Chits. s. • Local health clubs, srMCA's and other community gymnasiums and centers will have workshop flyers and postings. ® Conduct one workshop at Simball Park or City Hall. Task 3.7: Ce lduct Community Wide Workshops 1 hrc, workshops will be conducted in separate geographic centers of the City. 1•hcy will he held at facil+ties at Kimball Park, I,as Palmas Park, and El Toyon Park. One workshop will be on a Vredaesdday evening, one workshop on a l hursday evening, and the last workshop will be on a Satu day morning. "These days and times have proven successful in past outreach efforts. Task 3.8: C.r'a,e and :Manage Nebsite Elements m Cart sill be given to make sure that there is not an over -reliance nn digital media to solicit and distrhute information. However, this .method wi?I not he overlooked. A project website will be built City of Na al City Agrecn.enl Number 74+A0643 „Attachment If PacrSofiO and administered at least monthly- 1-ileclronic ciaastionnaires, flyers, workshop notices, work reS11 tY. aS Other Work products will be posted for d.oW 1110adn1I2I. Task Di.t va:Ta€ale 3.1 Ic- nlify Primary Sta ceho,ders 3 2 DE ✓clop Public Input Strategy Plan 3.3 Ct tduct Senior Focus >rdorksifcps 3.4 Ct ',duct Hispanic Focus Workshops 3.5 Cc label Parent i Child Focus Workshops 3.6 3.? 3.8 ; Cr ?ate and Manage Website elements Ccaduct Young Pro,`essionai Focus MA -shops Cc' duct Community 'Node Workshops 4.0 FUTLIR CONDMONS Documentation List and contact Information on stakeholders with oi the best way lc engage Report an workshop dates, locations, focus, exercises, intended results and methodologies Materials for throe workshops including flyers, presentation materials, tabletop exercises and pester comment boards. Will include summarized results. Materials for Three workshops including flyer;, presentation materials, tabletop exercises and poster comment boards. Will include summarized results. All wilt be in Spanish. Materials for four workshops including flyers. presentation materials. tabletop exerises and poster comment boards. N!b include summarized results. Materials for one workshop including flyers, presentation :'materials. tabletop exercises and poster comment boards. Will include summarized results. Materials for three workshops including flyers. presentation materials, tabletop exercises and poster comment hoards- Mil include summarized results. Electronic questionnaires, flyers, workshop notices. workshop results with links, as well as other work products will be posted for downloading and updated regularly. p Task 4.1: C6. trri le Future Plans • Date Collection: Several documents will be reviewed including all specific plans- master plans, redo-eloprnent plans and all elements o= the General Plan and Capital Improvement Plans. Arzas wild] e future changes are likely. will be identified by parcel. Any other planning eflb t that has resulted in re iiomrnendcd facilities, projects or land use changes will he documented and previous prioritization eft,.s will he incorporated. • 1.anC Use Mappinui The Proposed i.and 1 `-se layers of the General Plan will be :napped and compared with existing, land uses. another- method for determining likely future changes is the overlay of exisang land uses and densities on top of zoning. Where substantial difference exists, these areas wvi11 be n.rted as potential future changes, • Pop elation Mapping: SANDAG-based Smart Growth areas and its most recent bourn; ary files will used in addition to future population pr ,jections developed by SAN13AG will be used in predicting where growth is likely to occur- ® I'he proposed densities ofthese are vaiti be categorized into those that are supportive of walking, cycling and transit and those that are not. Task 4.2: Ito lily i ateire anattaatives • Re", °evDocuments: General and specific policies that affect future growth vkill be identified and reviewed for portions that deal with non -vehicular active transportation, walkable coznmcnities and transit supportive development or smart growth. Task 4.3: 1 rojeet Future Conditions through Computer Modeling • Corn:puter Modelij: Future population areas will be modeled for walking and cycling distances using 5. I t and 15-minute walking, distances. Where existing walking facilities and roadways exist. the ( o* National (`itv etnei,? Nuin':Ier 7-A064; Attachment 11 Pave 6ol'10 moci e;ing v i11 assume these %sill be used. In other areas wirers the walking network does not exist, scan<1>trd radius circles of O.. mile, mile and 1 mile will be used. Distances of 1 mile. ; miles and miles will be used for cycling. liar >_anon of 1_;xistt ig Atlraciw_F1ements: The polygons of walk mg and cyclin' . is`ances will he ovet aid on existing public facilities, parks, transit trciiities. services, schools and retail outlets to de.:i-mine ifthev are adequately being served with existing facilities within walking and cycling dish nces- Future transit facilities will he maripcd. E f.ikc.v Future Attiactor dements: Based or General Plan proposed land uses and :napping efforts of pros offs tasks, a deternmination will be made on where future attractors are likely to he. Distance toms from these attractors win he mapped- Project prioritization from previous planning efforts and Cap tol Improvement Plans will he carried forward to be included in model prioritization. Task 4.4: 01 portunit;es for Sy nergy and Collaboration Ana t sis: Future smart groath areas and resells from the modeling listed above, will lead to a disc scion en where public improvements can help to close the gap on existing walking and cycling fhcif ties that can provide essential links between future population centers of moderate to high density and axisting. or proposed auractors such as schools. parks, employment centers, community facilities public buildings and transit facilities. Task I Dt lit/erg:de I 4.1 1 Cc rrpilo Future Plans Mc ps showing areas of likely Land use chance /growth 4.2 dcniifj Future him inrt wives Summary of future project goals and initiatives for walking / cycling transit use and smart growth Future population walking / cycling zone maps, Maps showing future walking l cycling zones that are serviced by existing attractors Future development areas with at-`ractor elements that maybe ou+It. List and maps showing opportunity areas for syneruy behveen lard 4.4 C r,rrr'unilies for Synergy/ Collaboration use, t an pertarion & future popidat;an densities 4.3 Pr Oct Future Conditions 5.0 SOLUT (DNS AND RECOMMENDATMNS Task 5.1: P' destrian Priority. Areas e Con later Modeline: A composite map will be made of all vSstale attractors, detractor, and generators as well as all future population densities, land use and projects. Safety factors resulting from the review of the collision data will also be worked into the model under the detractors. • N#ocel Scoffing: A composite score of pedestrian priority sal tt be developed. Since the model will be a rastc;-hased model. each pixel will represent an acre and will contain a composite score of its overall 2inp�;rtance- • i ricy its Area lvlanping: Groupings ofi :near eoiridors or nodes :will be identifac.t; where overall high sears can be clustered together. These will be areas where improvements are considered to be a top prioi ity and the top 20 sites in the city will be identified for further review. 'ask 5.2: f'iJ rity Area Fieldwork fl Site _Visits: 'These top 30 areas ol'the city wilt have additional fieldwork completed. The fieldwork will cook at connectivity, safety, accessibility and walkabilits factors. Attention to access to transit. echo-ais, employment, public facilities and se:v ices ,.vil1 the focus of this fieldwork. Gaps, poor walking facility conditions, safety conearis. street crossings, street traffic conditions and ADA access issues will he hichlichted. • 11,1apaing: These top 20 areas wdl have the conditions mapped and each will become a potential project priority area. City oh National City Agreetrent Number 74 A06; Attachment li Page 7oi l0 Task 5.3: tit ecif e. Priority Area Solutions © Safc.ar C ountermeasures: For those areas with a high incidence of collis!o°ls or where particular safety cons erns are noted, safety countermeasures will be developed. These measures may include traffic caln inn road diets traffic control, bull; -outs. median refuges, marked crossings, countdown pedestrian tile:'s. Warning sigraVie. improved lighting_ conditions, mid block crossings. end other pedestrian safey improvements. • improvements, Ai3A, Calitornia Title 24 and regional standards for accessibility will be noted and ionformance issues will be categor lied into highly out of conformance i unsafe. generally out of cunt 3rnance, mostly conforming and fully conforming. 9 Corrieetl\ t\ Improvem'nts: Where missing facilities or gasps are identified, the necessary tnf'.I1 Na?1 (ng facility requirements will be noted_ For areas where an out -of -direction distance that is very �ctucnt or lime consuming is notes. possible barrier removals and improvertrents will be noted. • Wal .abilit'. improvements: Wa kabihty is more ofa perceptual and qualitative requirement. Harsh cons itions, missing shade. windy area, lack of lighting, lack of amenities_ buffets between vehicles and the whin t environ :rent and adjacent land uses will all be noted. General guidelines for the imp:ctvement of w a'kahility will be prepared and specific recommendation made for each problem area 'ask 5.4.: V: tting of Priority Areas arld Their Solutions • Wol ;;hops: Each of the four focus stakeholder groups identified in earlier tasks will he provided with one workshop specl(ic to priority areas and solutions. "the intent of the workshop will be to show the prior sty areas, identify the issues that we observed in these areas and to present the solutions in these issues. Workshop input will include the identification of other issues that meeting attendees may know about. the prioritization of:he issues identified and the agreement on the solutions that make sense for the issue. Task 5.5: in tia3 General Costs o Proi. ct Refinement: Preliminary plans for the top 20 project areas will be refined and updated based on p 1blic input. • Initi; l Project Costs: Using City sraff approved unit casts, the estimated constrnctiort costs vs-i l he devv iopcd with agreed upon contingency cuts and soft costs included. Task 5.6: P.asing and frnplenaentetion Pans 4 Phis ing Plans: []tilting public input. an overall prioritized phasing plan will be developed. • 1 utL Qe Project ct Requirements: For future discretionary projects located in or near the project prlorny area, the potential far requiring the development to add these near site facilities will he explored. Red: velopment funds and ether facility benefit assessment districts will also be looked at for funding these protects_ For future capital projects, these improvements will take place in the nuhl:c right of " way and will not necessarily require adjacent development funding or coordination. '.Where possible, levetaging private investments in coordination with the public investments should be pursued. • fuming Sources: A variety of federal state, regional and local grants and funding, sources do exist for safet improvements and the expansion of waikability. Sate Routes to School programs bike facility funding through programs such as B 1 A, Smart Growth wants. and TransNet Pedestrian Rike and Transit programs are all likely sources to he investigated. T 51 ri Pr: destrian Priority Areas 5.2 P rri y Area Fieldwork 5.3 S}: eciftc Priority Ares Solutions 5.4 '.r !f'hg of PnbrtyAreas and Solutions 5.6 n ial General Costs of Sor`utiors Ptasinq Plans and Drioriries 6.0 PLAN Sil[1P E"3'A1.` , r.. i}' Nat al City Agreenierr Number 7.1A06,1.3 Attachment it Pagg s of 0 A documented process for producing the maps as well as the prioritized pedestrian area maps fremselves. Tabular data wilt also be provided that quantifies the scoring and size of these areas. Field maps and notes showing Improvement elements Project area improvement maps showing poss!bio safety, connectivity, accessibility and walkabiimpluvements. Workshop maus shoring priority areas and the overall process t.sed to identify priority areas. Specific project area blow-up rnaps for public comment Oh documented input. Spreadsheets showing anit costs and quantities Overall phasing Tao Tables showing possible funding sources. AGJacent developments that may he conditioned with these improvements will Viso be mapped. ESEN A fioNS AND .APPROVALS Task 6.1: Pi epare & Present Draft Plan • Cubing De el otn t t and Approval- A_ detailed outline will he submitted for appr €vat by City staff and .he Steering Committee. ® Doctrnent Writing: The outline Nadi! be populated with text and submitted for approval by City state and 'he Steering Committee. m Doc.anent Layout: InDesign layouts will be used with integrated photos. tables, figures, diagrams and map;a. The template layout w. di be submitted for approval by city staff • Qua.itv.Control: the draft plan will be reviewed for quality control b} the consultant prior to being sub* • itted. • Devalop Presentation Materials: An over tew presentation will be created that will include project objectives, public input. existing conditions, future conditions, priority mapping, priority areas, prrij cts and prioritized input from the public including phasing and costs. • Prey tit and Collect Mouut_ The draft plan 'wit! be presented to the Steering Committee then to each of the lour focus groups and the general public for additional input. Task 6.2: E3,^vie15', Reline Prafd Plan and Submit Pre -tonal Plan • Ste' Review of Draft Plan: City staff will review the plan and provide written comments. • St_ `" and Consultan Review Comment Meeting: A meeting will be conducted to review the comments face to face and to work out specific direction on the next submittal. • Plan; Revisions: The plan will be adjusted based on Steering Committee and City staff input. • Plan Refinements: Refinements to the maps, tables, text and layouts will be made_ • Plan Production: Refinements to the :naps, tables, text and layouts will he made. Q Ouaiite Control: The pre -final plan will be reviewed prior to submittal by the consultant. Task 6.3: Present Pre -fatal Plan to Approval Bodies © Rev se Draft Presentation: A revised presentation wilt be prepared. to' raffic `;afety Committee i Park and Recreation Advisory Board: The City ofNational City s raffle is Safety Committee and Park and Recreation Advisory Board will receive a presentation and .a copy of the Pre -final Plan. • Present to PlanningCoirirnission: One presentation will be made to the Planning Commission as part of at: open workshop_ This will be an intorrnation item only. • Pres rot to City Council: One presentation will be made to the City Council as an open workshop 1n fo:national ttei,. Ci? of National City Agreement Number 74A0643 Attachment II Page 9 of if-) Task fi.4: R, case a�ad 4 m t F�tak: 'foot • Sint"Review olithe P]an. City sta]hstil snake conjnzents on the Prc-final Plan • Stat -Meeting to Review Continents: A face-to-face meeting with Cite staff are the com-ultaa,t will be con ucted to review comments, including those from the Planning Commission and City Council. • Fj 3.;1 I',`. n PrOdU6ttQ i' Based on comments, a final plan will be produced for adoption. Task 6.5: Fit al Approval Process • Present Plan to Planning Commission: A final plan wi]i be presented to the Planning Commis,t for evi o of their previous comments and anv additional input. • Pre<mt Plan to Cate Council: A final plan will be presented to the Cite- Council for their adoption. Task 6,6: Pc it ;that Prodnat t)isseatina t m of Information o Fir 1 fir s,ntation viaterials_ "The final presentation materials will be horned over to City staff. to SA f)AG and to C'a]trans. The final presentation will also be posted on the project',vebsite. • Aps iicaratlity to_Ott e Usti, Discussion An appendix will be written to show now the processes used can to replicated by other cities and how the protect recommendations may also be cf some use for chic, in the region considering similar plans. • P're' _ntation to SANf)A(; t Ca]irans Committees: A presentation will be diver; t;a the appropriate con nittees and%or meetings of SAIvDAG with f'altrans in attendance. • Pres-:ntation to San [liege Professional Organizations: Presentations may be offered to the local prot., sional societies in the San Diego area that have a high interest in the project. Some example orgt:nizat:ons include: APA. ASC'F, APWA and • Pre rntation to Non-profit Advocacy Organizations: Presentations may be offered to local non-profit adv sacs- groups in the San Diego area that have a high interest in the project. Some example ore nizations include: WalkSanDiego, San Diego County Bike Coalition and Move San Diego. • Pre ntation to Cott ity.Hea'th and Human Services: A presentation will be offered to the County Health and Human Services or other County.vicie Health Coalitions. Task D, 6.1 f - -,rare Draft Plan 6 2 Kr. view, Refine and Revise Draft and St bmtt Pre -final Plan 6.3 P. =^ent Pre -final Plan to Approval Bodies 6.4 Re vise and Submit Final Ptah 6.5 F ?af Approval Process 6, o Prst Final Product Oisseminati 4 Draft document with 25 copies Pre -final document with 25 copies Presentation Final document with 25 copies Final presentation CDswith ail native files and pdf versions of the final' document Includes all 3IS flies as well. These same files wit be on the project websrte for downtoadrrg -_ Nnii nal City Agreement Number 74A0643 A tinctiment fi I'aec I0 of ; 0 Califon la Department of Transpo na`io 7, Transportation Planning Grant hlocal Year [U11 012 PROPOSED PROJECT TIMELINE i'J....T' i v •. a1 i3! `. 1'I( ......_. . r({JiY�k iFfeJ-, s: am; '(:4,1.,'E.'y 1 ( _ ,,, 9s . m e ir.: c cr_-, ..._1 3434' a1"J: ` - Selo rra Iran yeslr -., .-.. ::CAGY d.., -_ r,W jal rises.,. -i ,0lL }�csi, S.;ncK. ,.;CarrSlCff> .Ciler6�4��iC� `' S'2�;5 Aervn e5rs P% rt_& Sairr 'S canxims 'a"Sw,imCs .G su'A?t 11 t I _,. i_ [€ lj !„fish,$ yLYS �a.a.z ..'dub ]'trial c; .���, d2 -S.-'"iiiiii_ }i{r-l>he. iy J "l e.: aIlo _t.. ,. tiP� f_ atets 1r4xk-M,D ,ens=,e ear, re,d's i ., a'.1 _r5 FL W. �itit i t 172; t;:"-.0 { ��� � �f44{_i'h5 }I r .IL lf'7: rl '. - l I `' F 1. ., cfiCm..„2s.-, 2('-vS6r-., yf,.da«Ghr^^w=. 11111111® ,,tintegrn :MOM � .�a✓�. .n �d15341. "tB' _f J�'",'.`K', ei-TL.'� ,,.:.� 3<t�3. 'r,eS rl�4. naG ..,z ..:Y v+s63.2� .-3 1Ctt:t it 10 Ftd A p l iSG ..w tin man 21 atea2 l >. uMstes d sntinsia, ni i i iii r✓ a bade rmprae ,r-_ rz, 0E r.> IFl I.E3 -� I 4� .. ... , n, llIMINI ':'LSen Y O la a .rr�},'NMI' _C eG )2 fl t .,t �7 S>L "11111111 MIMI S - ...,nS. J', :Cc .. �.Uf 'INN 1111111 7 Ls rrG,i �i?ti,-.. v. k....t SG : .J.i�fGt]D'3 I.. a -• STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN Jr., Governor DEPARTMENT OF TRANSPORTATION 4050 TAYLOR STREET. SAN DIEGO, CA 9211(1 PHONE (619) 68$-6822 FAX (619) 688-33 38 TI Y (619) 688-3214 March 5, 2012 Mr. Steven Manganiello Acting City Engineer City of National City Engineering Division Development Services Department 1243 National City Boulevard National City, CA 91 950 1011 MAR -6 A 9: 5b RE: Caltrans Agreement No. 74A0643 — SMART... Foundation Notice to Proceed Dear Mr. Manganiello: Flex your power' Be energy efficient' Your Fund Transfer Agreement (FTA), also known as the contract, has been fully executed by the Department of Transportation (Caltrans) and grant funds have been encumbered for the amount of $300,000.00. You are now authorized to commence work starting February 1, 2012. On behalf of Caltrans, I will be the contract manager. During the term of this contract, National City is required to work closely with Caltrans. I will he contacting you within the next 10 days to schedule a project kickoff meeting. Topics to be covered will include: • Roles and responsibilities • The Ed/CBTP Grant Handbook (a copy will be provided) • Review the executed contract, scope of work, and project timeline • Review procurement procedures (if applicable) • Review accounting requirements • Review quarterly reporting requirements • Review payment and invoicing requirements (expectations of timeliness) • Discuss future meetings and events Thank you for your cooperation in achieving success of this project. In the meantime, if you have questions or need further assistance, please contact me at (619) 688-2510. Sincerely, Mike Pickford Transportation Planner DI I Planning Division c: Mike Kent, Caltrans D I 1 Chris Schmidt, Caltrans DI I Ryan Ong, Caltrans, Division of "transportation Planning " Cultrans improves mobility across California.' STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND IIOUSING AGENCY EDMUND G. BROWN Jr. Governor DEPARTMENT OF TRANSPORTATION ADMINISTRATION DIVISION OF PROCUREMENT AND CONTRACTS MS-65 1727 30'h STREET SACRAMENTO, CA 95816-7006 PHONE (916) 227-6142 FAX (916) 227-6155 TTY (800) 735-0193 or (916) 227-2857 INTERNET http:Ncaltrans-opac,ca.gov March 2, 2012 City of National City Engineering Division 1243 National City Boulevard National City, CA 91950 Dear Mr. Manganiello: 1011 MAR _ 7 4 1Q. 19 Flex your power! Be energy efficient! Contract No.: 74A0643 A fully executed copy of the above -referenced contract is enclosed for your files. You are not authorized to commence work until you have been notified by the State's designated Contract Manager to begin work. The Contract Manager is not authorized to approve payment for any work or services performed prior to contract approval, nor is the Contract Manager authorized to change the terms of the contract without an approved contract amendment. All invoices are to be submitted to the Contract Manager in triplicate: • with the above Contract Number placed next to your firm's name, • with your Address and Phone Number preprinted on the invoice in the format shown in the contract, if appropriate, • with All Documentation required to prove costs, and • with Any Additional Information required by the terms of the contract. You are encouraged to pay your suppliers and subcontractors in a timely manner. You are also reminded that, unless stipulated otherwise in the contract, you must pay your suppliers and subcontractors prior to requesting any reimbursement, if applicable, from the State. A fully approved contract or additional amendment is required to: • extend the term of the contract. • change the description or scope of work. • allow any additional costs to be incurred which would exceed the cost limit set in the contract. "Caltraris improves mobility across California" Page 2 A minimum of 30-60 days should be allowed for processing a contract amendment. All questions regarding invoices, documentation supporting invoices, payments, and services are to be directed to Mike Pickford at (619)-688-2510. Sincerely, Bethany Cat-1 erry Acquisition Analyst c: Mike Pickford Enc.: Contract No. 74A0643 "Caltrans improves mobility across California" RESOLUTION NO. 2011 —192 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A COMMUNITY -BASED TRANSPORTATION PLANNING GRANT FROM CALTRANS IN THE AMOUNT OF $300,000, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL GRANT DOCUMENTS REQUIRED BY CALTRANS FOR PREPARATION OF A COMPREHENSIVE CITYWIDE SUSTAINABLE TRANSPORTATION SYSTEM PLAN TO ENHANCE MOBILITY, ACCESS, AND SAFETY, AND APPROPRIATING MATCHING FUNDS FOR THE PROJECT IN THE AMOUNT OF $75,000 AVAILABLE THROUGH THE 2011 TAX ALLOCATION BOND WHEREAS, on March 15, 2011, the City Council adopted Resolution No. 2011- 65 authorizing the submittal of an application for a Caltrans Community -Based Transportation Planning ("CBTP") Grant in the amount of $300,000 for preparation of a Comprehensive Citywide Sustainable Transportation Systems Plan to enhance mobility, access, and safety, and committing to a local match of $75,000 (available through the 2011 Tax Allocation Bond), for a total project cost of $375,000; and WHEREAS, the purpose of the Plan is to enhance access and safety to encourage multi -model transportation such as walking, bicycling, and transit through a comprehensive citywide evaluation of existing and proposed land uses and transportation facilities, including integration of current policies and recommendations established in the General Plan Update, the recently adopted Bicycle Master Plan, and the current Specific Area Plans; and WHEREAS, on July 25, 2011, staff was notified by Caltrans that National City's project application for a CBTP Grant had been selected for funding in Fiscal Year 2011-2012, and that a City Council resolution stating the title of the person authorized to execute all grant documents with Caltrans was required by September 12, 2011, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the Caltrans Community -Based Transportation Planning Grant in the amount of $300,000 for preparation of a Comprehensive City-wide Sustainable Transportation Systems Plan to enhance mobility, access, and safety. BE IT FURTHER RESOLVED by the City Council that the City Manager is hereby authorized to execute all Community -Based Transportation Planning Grant documents required by Caltrans for preparation of a Comprehensive City-wide Sustainable Transportation Systems Plan . BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of matching funds in the amount of $75,000 available through the 2011 Tax Allocation Bond, for a total project cost of $375,000. --- Signature Page to Follow --- Resolution No. 2011 —192 Page Two PASSED and ADOPTED this 6th day of September 2011. on Morrison, Mayor ATTEST: j� Michael R. Dell , City Clerk PROVED AS TO FORM: udia e . ''Iva City Attor Passed and adopted by the Council of the City of National City, California, on September 6, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, Califomia City Clerk of the 1/Nat i of National City, California By Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-192 of the City of National City, Califomia, passed and adopted by the Council of said City on September 6, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT - MEETING DATE: September 6, 2011 AGENDA ITEM NO. 11 i fEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute all Community -Based Transportation Planning grant documents required by Caltrans for preparation of a Comprehensive Citywide Sustainable Transportation Systems Plan to enhance mobility, access and safety, and appropriating funds for the project ($300,000 CBTP grant; $75,000 required grant match available through 2011 Tax Allocation Bond (Capital Improvement) — Gateway & Signage Improvements) PREPARED BY: Stephen Manganiello, Traffic Engineer4Zs DEPARTMENT: Development Services / PHONE: 619-336-4382 APPROVED BY: Engineering EXPLANATION: See attached. 41? /�A9AK1 FINANCIAL STATEMENT: ACCOUNT NO. 296-409-500-598-6184: $300,000 (CBTP Grant) 524-409-500-598-6184: $75,000 (2011 Tax Allocation Bond (Capital Improvement) — Gateway & Signage Improvements)) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: mance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ attachments (Project Schedule & Sample Grant Agreement) 2. Resolution �,sOA,u1\0\.1 v40. 10\1-\'Va Explanation On March 15, 2011, per Resolution 2011-65, City Council authorized the submittal of an application for a Caltrans Community -Based Transportation Planning (CBTP) Grant for preparation of a Comprehensive Citywide Sustainable Transportation Systems Plan to enhance mobility, access and safety in the amount of $300,000, and committing to a local match of $75,000, for a total project cost of $375,000. The purpose of the Plan is to enhance access and safety to encourage multi - modal transportation such as walking, bicycling, and transit, through a comprehensive Citywide evaluation of existing and proposed land uses and transportation facilities, including integration of current policies and recommendations established in the General Plan Update, recently adopted Bicycle Master Plan, and existing Specific Area Plans. On July 25, 2011, staff was notified by Caltrans that National City's project application for a Community -Based Transportation Planning (CBTP) Grant had been selected for funding in Fiscal Year 2011-12, and that a City Council Resolution stating the title of the person authorized to execute all grant documents with Caltrans was required by September 12, 2011. Grant documents requiring the City Manager's execution may include contracts, subcontracts, agreements, extensions, renewals, and/or amendments, which may be necessary to carry out and administer all obligations, responsibilities and duties under the grant program and upon receipt of a fully executed grant agreement. A preliminary project schedule and sample grant agreement is attached. In order to expedite the grant authorization process, staff is also requesting Council to appropriate funds for the project as follows: 296-409-500-598-6184: $300,000 (CBTP Grant) 524-409-500-598-6184: $75,000 (2011 Tax Allocation Bond (Capital Improvement) — Gateway & Signage Improvements)). RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A COMMUNITY -BASED TRANSPORTATION PLANNING GRANT FROM CALTRANS IN THE AMOUNT OF $300,000, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL GRANT DOCUMENTS REQUIRED BY CALTRANS FOR PREPARATION OF A COMPREHENSIVE CITYWIDE SUSTAINABLE TRANSPORTATION SYSTEM PLAN TO ENHANCE MOBILITY, ACCESS, AND SAFETY, AND APPROPRIATING MATCHING FUNDS FOR THE PROJECT IN THE AMOUNT OF $75,000 AVAILABLE THROUGH THE 2011 TAX ALLOCATION BOND WHEREAS, on March 15, 2011, the City Council adopted Resolution No. 2011- 65 authorizing the submittal of an application for a Caltrans Community -Based Transportation Planning ("CBTP") Grant in the amount of $300,000 for preparation of a Comprehensive Citywide Sustainable Transportation Systems Plan to enhance mobility, access, and safety, and committing to a local match of $75,000 (available through the 2011 Tax Allocation Bond), for a total project cost of $375,000; and WHEREAS, the purpose of the Plan is to enhance access and safety to encourage multi -model transportation such as walking, bicycling, and transit through a comprehensive citywide evaluation of existing and proposed land uses and transportation facilities, including integration of current policies and recommendations established in the General Plan Update, the recently adopted Bicycle Master Plan, and the current Specific Area Plans; and WHEREAS, on July 25, 2011, staff was notified by Caltrans that National City's project application for a CBTP Grant had been selected for funding in Fiscal Year 2011-2012, and that a City Council resolution stating the title of the person authorized to execute all .grant documents with Caltrans was required by September 12, 2011, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the Caltrans Community -Based Transportation Planning Grant in the amount of $300,000 for preparation of a Comprehensive City-wide Sustainable Transportation Systems Plan to enhance mobility, access, and safety. BE IT FURTHER RESOLVED by the City Council that the City Manager is hereby authorized to execute all Community -Based Transportation Planning Grant documents required by Caltrans for preparation of a Comprehensive City-wide Sustainable Transportation Systems Plan . BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of matching funds in the amount of $75,000 available through the 2011 Tax Allocation Bond, for a total project cost of $375,000. --- Signature Page to Follow --- Resolution No. 2011 — Page Two PASSED and ADOPTED this 6th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Submitted by: California Department of Transportation Transportation Planning Grants Fiscal Year 2011.2012 PROPOSED PROJECT TIMELINE Project: Fand1Souree Task Number Responsible Party Total Cost Grant Local F M A M J J A S O N D J F M A M J J A SIO N(D J F Deliverable PHASE 1: PROJECT MANAGE ENT AND COORDINATION HASE 1.1 Project Initiation Nat cnalCity $5,000 $4,000 $1,00C Master schedule 1.2 RFP'or Consultant Services National City $5,000 $4,000 $1,000 Request fn. Proposal 1.3 Staff Coordination I Review IN Ful Project National City $12,500 $10,000 $2.500 Meetng minutes and decision logs 1.4 Ouarledy Reports ; Overall Administration National City 56,000 $4,800 $1 200 Ouenary reports, spreadsheets and invoices 1.5 Project W4ap-up Reporting anc Actions National City S5,000 $4,000 41000 Final digital files website postings and presentaion materals 1.6 Management 1 Stan Time for Steering Comm. National City 56,000 $4,800 $1,200 Steering Committee agendas and meeting minutes gtJAS 'AXIS1 +.(,ONDf 9,44, P T 2.1 Existing Planned Goals Consultant 'Dry $2,500 $2,000 $500 Vision, goals and objectives lists 2.2 Summanze State Mandates & Previous Efforts Consultant/City $2,50C $2,000 $500 �s Summary of Stale mandates & city efforts 2.3 Review and Ado to Goals and Objectives Consultam! Ciry $2,500 52,003 $500 Final vision, goals and objectives lists 2.4 Existing Conditions Mapping Consultant $15,000 $12,030 $3,000 GIS naps for circulaton, bikes and land uses 2.5 Walking Facility Inventory Consultant $10,000 58,000 $2,000 Verified walking conditions, gaps and fieldwork 2 6 Walking Facility Analysis Consultant $10000 $8000 $2,000 GIS maps for alit ctorsgenerators, bameo & safety ASEf.UBLICoINPIII'. ........ � r , axri � x ��±a�._�40 v.r 3.1 Identity Prima Stakeholders y 7 ConsuGanl/Ciry $7,500 $6,000 $I,500 t.isl of contacts for stakeholders 3.2 Develop Public Input Strategy Plan Consultant Cry $11,000 $8,800 $2,200 Public MN p strata gy plan with dates. objectives & strategies 3,3 Conduct Senior Focus Workshops Consultant / City $17,000 $13,500 $3,400 &; Workshop flyers, materials and results 3.4 Conduct Hispanic Focus Workshops Consultant / Ciry $17,000 $13,6C0 53,430 , Workshop tyers, matenats and results 3.5 Conduct Parent ;Child Focus Workshops Consonant/ Ciry $17,000 $13600 53,400 Workshop flyers, materials and results 3.6 Conduct Young Professional Focus Woikshoo Consultant l City $6,000 $4,800 51,200 Workshop flyers, malenals and results 3.7 N P de W rkshop end r onsuhant/Ciry $17,500 $14000 $3,500 Workshop flyers, materials and results 3.8 Creme Manage W s 9 Consultant $10,000 $8000 $2,000 '� sA f` � es f¢ $, �'; W Workshop with links announcements results and products 4?WASE,�y{ . RE3CONDrJpNs, . . ° . tip" 3 4.1 Compile Future Plans Consultant / City $10,000 $8,000 $2,000 Maps of luture lard use, populations 8 areas of probable changes 4.2 Identity Future Initialioes Consultant / City $7,500 $6,000 $1 500 Summary of future growth initiatives and policies 4,3 Project Future Conditions Consultant $10,000 $8,000 $2.000 Computer models for walking zones, existing & future anractors 44 Opportunities for Synergy/Collaboration Consultant $5,000 $4,000 $1,000 Maps showing how walkiny5ikingitransit can support deveopment PHASE.5;SOLUTION ;;AND RECOMMENDA .IONS.iiirdriiii.,,,,,iiiiiiixiiiiiii.iiiriiiziii.. 5.1 Pedestrian Priority Areas Consultant 510,000 $8000 $2,000 Campos to GIS maps showing pedestrian plenty areas 5.2 'noiy Area Fieldwork Consdllant $30,300 524,000 $6,000 ' ." Field work maps showing existing issues in top 23 areas 5,3 Specific Priority Area Solutions Consultant $30,000 $24,000 $6,000 solely connegiviry, ADA and walkaoiary ideas or top 20 areas f 5.4 'Jenny of Pnodty Areas and 5olu:ions Consultant $10,000 $8,000 $2,000 Presentation of onodtles and solutions 5,5 Initial General Costs of Solutans Consultant $10,000 58,003 $2,000 ' Spreadspeets showing probable improvement project costs 5,6 Phasing Plans and Priorities Consultant $7500 56,000 $1,500 Phasing plan and p000105d project lists PHASE 6: PLAN SUBMITTALS ARESENTAT ONS Alb APPROVALS 6.1 Prepare Draft Plan Consultant $15,c00 S':2,300 $3,000 25 copies of a draft plan 6.2 Review. Refine 8 Revise arc Submit Pro.fma: Consultant $7,500 $6,000 $1,500 25 copies of a pre -final plan 6,3 Present Pre -final Plan to Approval Bodies Consultant $5,000 $4,000 $1,000 Presentation materials for the pre -final plan 6.4 Revise and Submit Final Plan Consultant $5,000 $4,000 $1,000 25 copies of a final plan 6.5 Final Approval Process Censul'ael / C.ry 412,500 $10,000 $2,500 Fnal presentation materals 6 6 Post Final Product Dissemination Consultant / C ry $15 000 $12 000 $3,000 CDs of all project materials w bsile Imals & special presentations !3TAE3:F`'�,rydk:`.w 7Qi. Agreement No. ;'vt.' Page 1 of 15 FUND TRANSFER AGREEMENT THIS FUND TRANSFER AGREEMENT (FTA), IS ENTERED INTO EFFECTIVE ON (date), between the State of California, acting by and through its Department of Transportation, referred to herein as DEPARTMENT, and the (AGENCY NAME), hereinafter referred to as AGENCY. RECITALS 1. DEPARTMENT and AGENCY, pursuant to Section 134 of Title 23 of the United States Code (23 USC 134) and Section 450.104 of the Title 23 of Code of Federal Regulations (23 CFR 450.104), are authorized to enter into this FTA pertaining to Federal funding for Transportation studies and planning within the regional area under the jurisdiction of AGENCY. 1. DEPARTMENT and AGENCY, pursuant to Streets and Highways Code section 114(b), Section 134 of Title 23 of the United States Code (23 USC 134) and Section 450. 104 of the Title 23 of Code of Federal Regulations (23 CFR 450.104), are authorized to enter into this FTA pertaining to State and Federal funding for Transportation studies and planning within the regional area under the jurisdiction of AGENCY. 1. DEPARTMENT and AGENCY, pursuant to Streets and Highways Code section 114 (b), are authorized to enter in this FTA pertaining to State funding committed for Transportation studies and planning within the regional area under the jurisdiction of AGENCY. 2. AGENCY has agreed to implement (enter Project name here), hereinafter the Project, subject to the terms and conditions of this FTA. The Project Description (Scope of Work and Cost Estimate) is attached hereto as Attachment III. 3. The resolution authorizing AGENCY to execute this FTA pertaining to above described Project is attached hereto as Attachment II. 4. All services performed by AGENCY pursuant to this FTA are intended to be performed in accordance with all applicable Federal, State, and AGENCY laws, ordinances, regulations; DEPARTMENT's encroachment permits; and DEPARTMENT'S published manuals, policies, and procedures. 5. Project funding is as follows: FUND TITLE FUND SOURCE DOLLAR AMOUNT xxxxxx xxxxxx xxxxxx 6. This FTA is exempt from legal review and approval by the Department of General Services, pursuant to Public Contract Code section 10295. AGENCY AGREES: SECTION I 2 • • • Agreement No. Page 2 of 15 To timely and satisfactorily complete all Project Work described in Attachment III. SECTION 11 DEPARTMENT AGREES: DEPARTMENT agrees that when conducting an audit of the costs claimed by AGENCY under the provisions of this FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit of AGENCY performed pursuant to the provisions of applicable State and Federal laws. SECTION I11 IT IS MUTUALLY AGREED: In consideration of the foregoing and the mutual promises of the parties hereto, AGENCY and DEPARTMENT agree as follows 1. Notification of Parties a. AGENCY's Project Manager is (NAME & PHONE NUMBER) b. DEPARTMENTS Contract Manager is (NAME & PHONE NUMBER) 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: (AGENCY (REAL NAME) Attention: (PROGRAM MANAGER) (PROGRAM MANAGER TITLE) AGENCY STREET ADDRESS CITY, STATE, ZIP California Department of Transportation (DISTRICT/DIVISION) Attention: (CONTRACT MANAGER) STREET ADDRESS CITY, STATE, ZIP 2. Period of Performance Reimbursable work under this FTA shall begin no earlier than on (DATE), contingent upon approval of this FTA by DEPARTMENT, and will terminate on (EXPIRATION DATE). 3. Changes in Terms/Amendment This FTA may only be amended or modified by mutual written agreement of the parties. 4. Termination This ETA may be terminated by either party for any reason by giving written notice to the other party at least thirty (30) days in advance of the effective date of such termination. In the event of termination by said notice, funds reimbursed to AGENCY will include all allowable authorized non -cancelable obligations and prior costs incurred. Agreement No. J;itAf AGENCY Page 3 of 15 5. Cost Limitation a. The total amount reimbursable to AGENCY pursuant to this FTA by DEPARTMENT shall not exceed $X,XXX.XX. b. It is agreed and understood that this FTA fund limit is an estimate and that DEPARTMENT will only reimburse the cost of services actually rendered as authorized by the DEPARTMENT Contract Manager at or below that fund limitation established hereinabove. 6. Allowable Costs The method of payment for this FTA will be based on actual allowable costs. DEPARTMENT will reimburse AGENCY for expended actual allowable direct and indirect costs, including, but not limited to labor costs, employee benefits, and travel (overhead is reimbursable only if the AGENCY has an approved indirect cost allocation plan) and contracted consultant services costs incurred by AGENCY in performance of the Project work, not to exceed the cost reimbursement limitation set forth in 5.3, above. Actual costs shall not exceed the estimated wage rates, labor costs, travel and other estimated costs and fees set forth in Attachment III without prior written agreement between DEPARTMENT and AGENCY. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in the performance of the Project work. AGENCY must not only have incurred the expenditures on or after the Effective Date of this FTA and before the Termination Date, but must have also paid for those costs to claim any reimbursement. c. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Personnel Administration 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 contractors, its subcontractors, and/or its subrecipients, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process DEPARTMENT will reimburse AGENCY for all allowable Project costs no more frequently than monthly in arrears as promptly as DEPARTMENT fiscal procedures permit upon receipt of itemized signed invoices in triplicate. Invoices shall reference this FTA Number and shall he signed and submitted to the Contract Manager at the following address: California Department of Transportation (District -Division) Attention: (Contract Manager) [Contract Manager's address — (Two Lines)] e. Invoices shall include the following information: 1. Names of the AGENCY personnel performing work 2. Dates and times of service 3. Locations of service (AGENCY - address) 7. Reports 4 Agreement No. ,, rAig,«:. Page 4 of 15 a. AGENCY shall submit written progress reports with each set of invoices to allow the DEPARTMENT's Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations. to communicate interim findings, and to afford occasions for airing difficulties respecting special problerns encountered so that remedies can be developed. b. Any document or written report prepared as a requirement of this FTA shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports. c. AGENCY will provide five (5) copies and one (1) electronic version of the final written report to the DEPARTMENT's Contract Manager. 8. Local Match Funds a. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds will be made or allowed only for work performed on and after the start date and prior to the termination date of this FTA, unless expressly permitted as local match expenditures made prior to the effective date of this FTA pursuant to Government Code section 14529.17 or by prior executed SB 2800 FTA for Local Match Fund Credit. b. AGENCY agrees to contribute the statutorily required local contribution of matching funds (other than state or federal funds), if any is specified within this FTA or in any Attachment hereto, toward the actual cost of the services described in Attachment III or the amount, if any described in an executed SB 2800 (Streets and Highways Code section 164.53) agreement for local match fund credit, whichever is greater. AGENCY shall contribute not less than its required match amount toward the services described herein on a proportional monthly or quarterly basis coinciding with its usual invoicing frequency. 9. Cost Principles a. AGENCY agrees to comply with Office of Management and Budget Circular A- 87, Cost Principles for State, Local and Tribal Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. AGENCY agrees, and will assure that its contractors 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 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub -recipient receiving Project funds as a contractor, subcontractor, or sub -grantee under this FTA shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements tb State and Local Governments. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under Office of Management and Budget Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are 5 Agreement No Page 5 of 15 subject to repayment by AGENCY to DEPARTMENT. Should AGENCY fail to reimburse moneys due DEPARTMENT within thirty (30) days of discovery or demand, or within such other period as may be agreed in writing between the Parties hereto, DEPARTMENT is authorized to intercept and withhold future payments due AGENCY from DEPARTMENT or any third -party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source. AGENCY agrees to include Project in the schedule of projects to be examined in AGENCYs annual audit and in the schedule of projects to be examined under any single audit prepared in accordance with Office of Management and Budget Circular A-133. e. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must prepare and submit annually to DEPARTMENT an indirect cost rate proposal and a central service costs allocation plan (if any) in accordance with Office of Management and Budget Circular A-87 and Local Program Procedures Manual (LLP 04-10). 10. Americans with Disabilities Act By signing this FTA, AGENCY assures DEPARTMENT 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, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 11. Indemnification a. Nothing in the provisions of this FTA is intended to create duties or obligations to or rights in third parties to this FTA or affect the legal liability of either party to the FTA by imposing any standard of care with respect 10 the development, design, operation, maintenance and repair of State Highways and AGENCY facilities different from the standard of care imposed by law_ Neither DEPARTMENT 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 under or in connection with any work, authority or conduct conferred upon AGENCY under this Agreement. It is understood and agreed that, AGENCY shall fully defend, indemnify and save harmless DEPARTMENT and all of its officers and employees from all claims, suits or actions of every name, kind and description arising out of this Agreement, including but not limited to, any tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY under or in connection with any work, authority or conduct delegated to AGENCY under this Agreement. 12. Non -Discrimination a. During the performance of this FTA, AGENCY and all of its subcontractors and its subrecipients, if any, shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including I1IV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status. 6 Agreement No. CY Page 6 of 15 denial of family and medical care leave, and denial of pregnancy disability leave. AGENCY, its subcontractors, and subrecipients shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. AGENCY, its subcontractors and sub - recipients shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 el seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission irnptementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this FTA by this reference and are made a part hereof as if set forth in full. AGENCY, its subcontractors, and sub -recipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other collective bargaining agreements in place. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this FTA. c. Appendix A, relative to nondiscrimination on federally assisted projects is included as Article 30. d. AGENCY shall comply with Title VI of the Civil Rights Act of 1964, as amended. Accordingly, 49 CFR 21 through Appendix C and 23 CFR 710.405 (b) are applicable to this FTA and enforceable against AGENCY by this reference. 13. Funding Requirements a. It is mutually understood between the parties that this FTA may have been written for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the FTA was executed only after ascertaining the availability of a congressional or legislative appropriation of funds. b. This FTA is valid and enforceable only if sufficient funds are made available to DEPARTMENT by the United States Government and/or the California State Legislature tor the purpose of this Project. In addition, this FTA is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this FTA in any manner. c. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program and Project, this FTA shall be amended to reflect any reduction in funds. d. DEPARTMENT has the option to void this FTA under the thirty (30) day termination clause or to amend this FTA to reflect any reduction of funds. In the event of an unscheduled termination, the DEPARTMENT Contract Manager may reimburse allowable AGENCY costs in accordance with the provisions of Article 4 of this Section III. 14. Records Retention 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 7 Agreement 4:4AgLaW Page 7 of 15 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 FTA 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 DEPARTMENT. 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 DEPARTMENT or its agents_ In conducting an audit of the costs and match credits claimed under this FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by AGENCY's external and internal auditors may he relied upon and used by DEPARTMENT when planning and conducting additional audits. b. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable. and other matters connected with the performance of AGENCY's contracts with third parties pursuant to Government Code section 8546.7, AGENCY, AGENCY's contractors, subcontractors, and sub -recipients and DEPARTMENT 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 years from the date of final payment to AGENCY under this FTA. DEPARTMENT, the California State Auditor, or any duly authorized representative of DEPARTMENT 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. c. AGENCY, its contractors, subcontractors, and sub -recipients 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 DEPARTMENT, for the purpose of any investigation to ascertain compliance with this FTA. 15. Disputes a. Any dispute concerning a question of fact arising under this FTA that is not disposed of by agreement shall be decided by the DEPARTMENT Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. b. Neither the pendency of a dispute nor its consideration by the Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of the FTA. 16. Subcontractors 8 Agreement No. *r'#A#!' ,4/ Page 8 of 15 AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without prior written authorization by DEPARTMENTs Contract Manager unless expressly included (subcontractor identified) in Attachment III as part of the identified Project work. Any subcontract in excess of $25,000 entered into as a result of this FTA shall contain all the provisions stipulated in this FTA to be applicable to AGENCY's subcontractors. 17. Third Party Contracting a. AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this FTA without the prior written approval of DEPARTMENT. Contracts awarded by AGENCY, if intended as local match credit, must meet the requirements set forth in this FTA regarding local match funds. G. Any subcontract entered into by AGENCY as a result of this FTA shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the subcontractors. If local match is a requirement of these funds, AGENCY must ensure that local match funds used for the Project meet the requirements outlined in this FTA in the same manner as is required of all other Project expenditures. In addition to the above, the preaward requirements of third party contractor/consultants with local agencies must be consistent with Local Program Procedures (LPP 00-05). 18. Disadvantaged Business Enterprise AGENCY agrees to carry out the applicable requirements of 1 itle 49 CFR, Part 26, of the Code of Federal Regulations, entitled "Participation by Disadvantaged Business Enterprises (DBEs) in Department of Transportation Financial Assistance Programs" in the award and administration of federally assisted Contracts for work performed under this FTA. AGENCY, in the administration of its contracts, shall adopt practices that are consistent with the DEPARTMENTS DBE Program Plan. 18. Disabled Veterans Business Enterprise a. Should Military and Veterans Code sections 999 et seq- be applicable to AGENCY. AGENCY shall meet the 3% Disabled Veterans Business Enterprises goals (or AGENCY's applicable higher goals) in the award of every contract for Project work to be performed under this FTA. AGENCY shall have the sole duty and authority under this FTA and each amendment to determine whether these referenced DVBE code sections are applicable to AGENCY and, if so, whether participation asserted by those contractors of AGENCY were sufficient as outlined in Military and Veterans Code sections 999 et seq. 19_ Drug -Free Workplace Certification 9 Agreement No. =#TMA #,#<1 AGENCY Page 9 of 15 By signing this FTA, 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 (Government Code section 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(b) to inform employees about all of the following_ 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, and 4. penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code section 8355(c), that every employee who works on the proposed contract or grant: will receive a copy of the company's drug -free policy statement, and 2. will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. Failure to comply with these requirements may result in suspension of payments under this FTA or termination of this FTA or both, and AGENCY may be ineligible for the award of any future state contracts if DEPARTMENT 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. 20. Relationship of Parties It is expressly understood that this FTA is an agreement executed by and between two 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. 21. Equipment Purchase (By AGENCY) a. Prior authorization in writing by the DEPARTMENT Contract Manager shall be required before AGENCY enters into any non -budgeted purchase order or subagreement exceeding $500 for supplies, equipment, or consultant services. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. For the purchase of any item, service or consulting work not covered in the attache<< Project Description (Attachment III) and exceeding $500, three competitive quotations must he submitted with the request or the absence of kidding must be 10 Agreement No. ;+.t, AcErjfly Page 10 of 15 adequately justified, and prior authorization must be obtained from the DEPARTMENT's Contract Manager. c. Any equipment purchased as a result of this FTA is subject to the following: AGENCY shall maintain an inventory record for each piece of non -expendable equipment purchased or built with funds provided under the terms of this FTA. The inventory record of each piece of such equipment shall include the date acquired, total cost, serial number, model identification (in accordance with established DEPARTMENT procedures for its purchased equipment), and any other information or description necessary to identify said equipment. Non - expendable equipment so inventoried are those items of equipment that have a normal life expectancy of one (1) year or more and an approximate unit price of $5,000 or more. In addition, theft -sensitive items of equipment costing Tess than $5,000 shall be inventoried. A copy of the inventory record must be submitted to DEPARTMENT upon request by DEPARTMENT. At the conclusion of the FTA, or if the FTA is terminated, AGENCY may either keep the equipment and credit DEPARTMENT in an amount equal to its fair market value or sell such equipment at the best price obtainable at a public or private sale in accordance with established DEPARTMENT procedures and credit DEPARTMENT in an amount equal to the sales price. If AGENCY elects to keep the equipment, fair market value shall be determined, at AGENCY expense, on the basis of a competent, independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to DEPARTMENT and AGENCY. If AGENCY is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by DEPARTMENT. e. CFR 49, Part 18.32 requires a credit to Federal funds when participating equipment with a fair rnarket value greater than $5,000 is credited to the Project. f. Any subagreement entered into as a result of this FTA shall contain all of the provisions of this Article. 22. Disabled Access Review Disabled access review by the Department of General Services (Office of State Architect) is required for the construction of all publicly funded buildings, structures, sidewalks, curbs and related facilities. No construction contract will be awarded by AGENCY for a Project facility unless AGENCY plans and specifications for such facilities conform to the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Administrative Code and the Arnericans with Disabilities Act (42 USC 12101, et. seq.). 23. Fire Marshal Review The State Are Marshal adopts building standards for fire safety and panic prevention. Such regulations pertain to fire protection design and construction, means of egress and adequacy of exits, installation of fire alarms, and fire extinguishment systems for any DEPARTMENT owned or DEPARTMENT occupied buildings per section 13108 of the Health and Safety Code. When applicable, AGENCY must assure that any relevant Project plans meet the standards of the State Fire Marshal to ensure consistency with California facility fire protection standards. 24. Environmental Clearance 11 Agreement No. i4tiAtt;Ii-ig.,ti. AGENCY Page 11 of 15 Environmental clearance of Project by AGENCY and/or DEPARTMENT is required prior to requesting funds for right of way purchase or construction_ No department or agency shall request funds nor shall any department/agency board or commission authorize expenditures of funds for any project, except feasibility or planning studies, which may have a significant effect on the environment unless such a request is accompanied by an environmental impact report per California Public Resources Code section 21102. The California Environmental Quality Act (CEQA), in California Public Resources Code section 21080(b)(10), does provide an exemption for rail projects which institute or increase passenger or commuter services on rail or highway rights -of -way already in use. 25. Labor Code Compliance: Prevailing Wages If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" that constitutes construction, alteration, demolition, installation, repair or maintenance, AGENCY must conform to the provisions of Labor Code sections 1720 through 1815, all applicable regulations, and coverage determinations issued by the Director of Industrial Relations AGENCY agrees to include prevailing wage requirements in its contracts for public work. Work performed by AGENCY's own forces is exempt from the Labor Code's prevailing wage requirements. 26. Prevailing Wage Requirements in Subcontracts AGENCY shall require its contractors and subcontractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code section 1720(a)(1). Subcontracts shall include all prevailing wage requirements set forth in AGENCY's contracts. 27. 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 DEPARTMENT 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 Stale 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 Contract 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. 12 Agreement No. i-xN Page 12 of 15 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. To use the State-owned data only for State purposes under this FTA. c. To not transfer State-owned data to any computing systern, 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 28. Project Close Out a. The FTA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date the FTA expires. AGENCY has sixty (60) days after that Expiration Date to make final allowable payments to Project contractors or vendors, prepare the Project Closeout Report. and submit the final invoice to DEPARTMENT for reimbursement for allowable Project costs_ Any unexpended Project funds not invoiced by that sixtieth (60th) day will be reverted and will no longer be accessible to reimburse late Project invoices. b. DEPARTMENT reserves the right to withhold final payment to AGENCY pending receipt of final deliverable(s) by the DEPARTMENT's Contract Manager. 29. Federal Lobbying Activities Certification a. AGENCY certifies, to the best of its knowledge and belief, that: No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the AGENCY, to any person for influencing or attempting to influence an officer or employee of any State or Federal agency, a Mernber of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress, in connection with the awarding of this FTA, State or Federal grant, the making of any related State or Federal loan, the entering into of any FTA supported contract or agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal FTA contract, grant, loan, or agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this FTA, AGENCY shall complete and submit Standard Form-LL. "Disclosure Form to Report Lobbying", in accordance with its instructions. c_ This certification is a material representation of fact upon which reliance was placed when this FTA was entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 13 Agreement No. `# -4 Page 13 of 15 d. AGENCY also agrees, by signing this FTA, that the language of this certification shall be included in all lower tier subcontracts which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly within each subcontract- 30. Appendix A During the performance of this FTA, AGENCY, for itself, its assignees and successors in interest (hereinafter referred to as AGENCY) agrees as follows: a. Compliance with regulations: AGENCY shall comply with regulations relative to Title VI (nondiscrimination in federally -assisted programs of the Departrnent of Transportation — Title 49 Code of Federal Regulations Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. b. Nondiscrimination: AGENCY, with regard to the Project work performed by it during the term of the FTA, shall act in accordance with Title VI. Specifically, AGENCY shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subcontractors, and sub -recipients including the procurement of materials and leases of equipment- AGENCY shall not participate either directly or indirectly in any form of discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices, when the FTA is intended to address a program whose goal is employment. c. Solicitations for Subagreements, Including Procurements of Materials and Equipment: In all solicitations. either by competitive bidding or negotiation made by AGENCY for work to be performed under a subagreement, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by AGENCY of the AGENCY's obligations under this FTA and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: AGENCY shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and facilities as may be determined by DEPARTMENT or any duly authorized representative of the Federal Government to be pertinent to ascertain compliance with such regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, AGENCY shall so certify to DEPARTMENT, or any duly authorized Federal Agency as appropriate, and shall set forth what efforts it has made to obtain the information_ e. Sanctions for Noncompliance: In the event of AGENCY's noncompliance with the nondiscrimination provisions of this FTA, DEPARTMENT shall impose such sanctions as it or any Federal funding agency may determine to be appropriate, including, but not limited to: 14 Agreement No. Page 14 of 15 (1) withholding of payments to AGENCY under this FTA until the AGENCY complies, and/or (2) cancellation, termination, or suspension of this FTA, in whole or in part. Incorporation of Provisions: AGENCY shall include the provisions of paragraphs (a) through (f) in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. AGENCY will take such action with respect to any subcontractor or procurement as DEPARTMENT or any Federal funding agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, AGENCY may request DEPARTMENT to enter into such litigation to protect the interest of the State, and, in addition, AGENCY may request the United States to enter into such litigation to protect the interest of the United States_ 15 Agreement No Page 15 of 15 ATTACHMENTS: The following attachments are incorporated into and are made a part of this FTA by this reference and attachment. Accounting & Audit Guidelines I I. AGENCY Resolution III. Scope of Work, Schedule, and Costs IN WITNESS WHEREOF, the parties hereto have executed this FTA on the day and year first herein above written: STATE OF CALIFORNIA AGENCY NAME DEPARTMENT OF TRANSPORTATION By By: Title: Contract Officer Title: Date: Date: By: Title: Date: By: Title: Date: 16 RESOLUTION NO. 2011 — 192 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A COMMUNITY -BASED TRANSPORTATION PLANNING GRANT FROM CALTRANS IN THE AMOUNT OF $300,000, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL GRANT DOCUMENTS REQUIRED BY CALTRANS FOR PREPARATION OF A COMPREHENSIVE CITYWIDE SUSTAINABLE TRANSPORTATION SYSTEM PLAN TO ENHANCE MOBILITY, ACCESS, AND SAFETY, AND APPROPRIATING MATCHING FUNDS FOR THE PROJECT IN THE AMOUNT OF $75,000 AVAILABLE THROUGH THE 2011 TAX ALLOCATION BOND WHEREAS, on March 15, 2011, the City Council adopted Resolution No. 2011- 65 authorizing the submittal of an application for a Caltrans Community -Based Transportation Planning ("CBTP") Grant in the amount of $300,000 for preparation of a Comprehensive Citywide Sustainable Transportation Systems Plan to enhance mobility, access, and safety, and committing to a local match of $75,000 (available through the 2011 Tax Allocation Bond), for a total project cost of $375,000; and WHEREAS, the purpose of the Plan is to enhance access and safety to encourage multi -model transportation such as walking, bicycling, and transit through a comprehensive citywide evaluation of existing and proposed land uses and transportation facilities, including integration of current policies and recommendations established in the General Plan Update, the recently adopted Bicycle Master Plan, and the current Specific Area Plans; and WHEREAS, on July 25, 2011, staff was notified by Caltrans that National City's project application for a CBTP Grant had been selected for funding in Fiscal Year 2011-2012, and that a City Council resolution stating the title of the person authorized to execute all grant documents with Caltrans was required by September 12, 2011, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the Caltrans Community -Based Transportation Planning Grant in the amount of $300,000 for preparation of a Comprehensive City-wide Sustainable Transportation Systems Plan to enhance mobility, access, and safety. BE IT FURTHER RESOLVED by the City Council that the City Manager is hereby authorized to execute all Community -Based Transportation Planning Grant documents required by Caltrans for preparation of a Comprehensive City-wide Sustainable Transportation Systems Plan . BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of matching funds in the amount of $75,000 available through the 2011 Tax Allocation Bond, for a total project cost of $375,000. --- Signature Page to Follow --- Resolution No. 2011 — 192 Page Two PASSED and ADOPTED this 6th day of Septembe 2011. on Morrison, Mayor ATTEST: Michael R. Dall , City Clerk PROVED AS TO FORM: udia e . Silva City Attor Passed and adopted by the Council of the City of National City, California, on September 6, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California i'i riji 1 ° City Clerk of the Cit of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-192 of the City of National City, California, passed and adopted by the Council of said City on September 6, 2011. City Clerk of the City of National City, California By: Deputy OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 coRroltialcoJ Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax CALIFORNIA DEPT. OF TRANSPORTATION (CalTrans) Fund Transfer Agreement Community -Based Transportation Planning Grant Lynn Cole (Engineering) Forwarded Copy of Agreement to CalTrans