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HomeMy WebLinkAbout2002-381 . " 1 RESOLUTION NO. 2002-381 2 RESOLUTION AUTHORIZING THE EXECUTION OF A FUND TRANSFER 3 AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE SANTA FE DEPOT AREA PLAN LOCATED AT 1170 W. 3RD 4 STREET AND AUTHORIZATION FOR THE DIRECTOR OF FINANCE TO AMEND 5 THE FISCAL YEAR 2002/2003 BUDGET. 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The attached "Fund Transfer Agreement", hereinafter called Agreement, 9 for the development of the Santa Fe Depot Area Plan located at 1170 W. 3'd Street, is hereby 10 approved. Such approval shall be effective only upon Agreement being fully executed by both 11 12 parties. The Mayor is hereby authorized and directed to execute said Agreement on behalf of the City. A copy the Agreement is attached hereto as Exhibit A and incorporated herein by 13 14 reference as fully as though set forth at length. 15 SECTION 2. This Agreement shall not take effect until it is fully signed and executed 16 by the parties, and no party shall be obligated hereunder until the time of such full execution. 17 18 No oral Contracts, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. 19 20 SECTION 3. This resolution is rescinded if the parties to the Amendment fail to 21 execute it within sixty (60) days of the passage of the resolution. 22 23 24 25 26 27 28 1 RESOLUTION AUTHORIZING THE EXECUTION OF A FUND TRANSFER 2 AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE SANTA FE DEPOT AREA PLAN LOCATED AT 1170 W. 3RIl 3 STREET AND AUTHORIZATION FOR THE DIRECTOR OF FINANCE TO AMEND THE FISCAL YEAR 2002/2003 BUDGET. 4 5 6 7 8 2002-381 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 16th 9 10 11 12 13 SCHNETZ 14 15 Council Members: ESTRADA LONGVILLE MC GINNIS SUAREZ 16 ANDERSON 17 MC CAMMACK 18 19 20 21 day of December , 2002, by the following vote, to-wit: AYES NAYS ----X ----X x x - X X X ABSENT ABST AIN ") ,I A ~ Vl/I,; , ;' ./1 ~ . /Y , LA:..<'Uc.....IC ltache! Clark, City Clerk The foregoing resolution is hereby approved this Jrc 22 23 Approved as to form 24 and legal content: 25 day of _, December ,2002. It Valles, Mayor ity of San Bernardino James F. Penman :~ ~~~ty Att:y ?- _ Pf~ 28 m 2 2002-381 Agreement No. 06A0796 City of San Bernardino Page 1 of 11 FUND TRANSFER AGREEMENT THIS AGREEMENT, ENTERED INTO ON June 27, 2002, is between the State of California, acting by and through its Department of Transportation, referred to herein as DEPARTMENT, and City of San Bernardino, hereinafter referred to as AGENCY. RECITALS 1. DEPARTMENT and AGENCY, pursuant to Streets and Highways Code section 114 (b), are authorized to enter into an agreement for State funding affecting State Highways within the jurisdiction of AGENCY. 2. The AGENCY governing body, under the authority of local ordinances, have authorized the AGENCY to provide services or funding as described and specified herein pursuant to the attached AGENCY resolution attached hereto and incorporated by this reference as Attachment II. 3. AGENCY has agreed to develop the Santa Fe Depot Area Plan, hereinafter the Project, subject to the terms and conditions of this Agreement. The Project Description (Scope of Work and Costs) for Project is attached hereto and is incorporated by this reference as Attachment III. 4. All services performed by AGENCY pursuant to this Agreement are intended to be performed in accordance with all applicable federal, state, and AGENCY laws, ordinances, regulations, and DEPARTMENT encroachment permits, published manuals, and procedures. 5. Project funding is as follows: FUND TITLE State Highway Account FUND SOURCE 042T DOLLAR AMOUNT $266,600.00 SECTION I AGENCY AGREES: To satisfactorily complete all Project work described in Attachment III. SECTION II DEPARTMENT AGREES: DEPARTMENT agrees that when conducting an audit of the allowable costs claimed for reimbursement under the provisions of this Agreement, DEPARTMENT will rely to the maximum mlt;lnt possible on any prior audit of AGENCY pursuant to the provisions of State and applicable ~rallaws. In the absence of such an audit, work of other auditors will be relied upon to the extent that such work is acceptable to DEPARTMENT when planning and conducting additional audits. Exhibit llA" 2002-381 Agreement No. 08A0796 City of San Bernardino Page 2 of 11 SECTION III 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 Project Manager is Tim Porter at (909) 384-5253. b. DEPARTMENT Contract Manager is Zeron Jefferson at (909) 383-6488. c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: City of San Bernadino Attention: Tim Porter Development Services City Hall, 300 North "0" Street San Bernardino, CA 92418 California Department of Transportation District 8 - Community Planning Attention: Zeron Jefferson 464 W. Fourth Street, 7'h Floor, MS 726 San Bernardino, CA 92401-1400 2. Period of Performance This Agreement shall begin on July 1,2002 contingent upon approval by DEPARTMENT, and expire on June 30, 2003, unless extended by amendment. 3. ChanQes in Terms/Amendment The Agreement may only be amended or modified by mutual written agreement of the parties. 4. Termination This Agreement 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. ~ Cost Limitation a. The total amount reimbursable to AGENCY pursuant to this Agreement by DEPARTMENT shall not exceed $268,800.00 b. It is agreed and understood that this contract fund limit is an estimate and that DEPARTMENT will only pay for AGENCY services actually rendered as authorized by the DEPARTMENT Contract Manager at or below that fund limit. 2002-381 Agreement No. 08A0796 City of San Bernardino Page 3 of 11 6. Allowable Costs The method of payment for this contract will be based on actual allowable costs. The DEPARTMENT will reimburse AGENCY for actual costs (including labor costs, employee benefits, travel, overhead and other direct costs incurred by the AGENCY in performance of the work), not to exceed the amount of $268,800.00. a. Actual costs shall not exceed the estimated wage rates and other estimated costs set forth in Attachment III without written agreement between the DEPARTMENT and the AGENCY. b. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in the performance of the work. AGENCY must not only have incurred the expenditures on or after the Effective Date of this Agreement and before the Termination Date, but must have also paid for them. c. Payments to AGENCY for Project related travel and subsistence expenses of AGENCY forces and its subcontractors claimed for reimbursement or applied as local match credit shall not exceed rates authorized to be paid exempt non- represented State employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by AGENCY are in excess of those authorized DPA rates, then AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by DEPARTMENT shall be reimbursed to DEPARTMENT by AGENCY on demand. d. DEPARTMENT will reimburse AGENCY 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 the DEPARTMENT's Agreement Number and shall be submitted to the Contract Manager at the following address: California Department of Transportation District 8 - Community Planning Attention: Zeron Jefferson 464 W. Fourth Street, 7'" Floor, MS 726 San Bernardino, CA 92401.1400 e. Invoices shall include the following information: 1. Name of the AGENCY Personnel performing work 2. Date of Service 3. Location of Service (AGENCY - address) 7. Reports a. AGENCY shall submit written progress reports with each set of invoices to allow the DEPARTMENT Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to provide communication of interim findings and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. l~ ~ b. Any document or written report prepared as a requirement of this Agreement 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. Agreement No. 08A0796 2002-381 City of San Bernardino Page 4 of 11 c. AGENCY will provide five (5) copies and one (1) electronic version of final report to the DEPARTMENT 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 Agreement, unless expressly permitted as local match expenditures made prior to the effective date of this Agreement pursuant to Government Code section 14529.17 or by an executed SB 2800 Agreement for Local Match Fund Credit. b. AGENCY agrees to contribute at least the statutorily or other required local contribution of matching funds (other than state or federal funds), if any is specified within this Agreement or in any Attachment hereto, toward the actual cost of the Project 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 invoicing frequency. 9. Cost Principles a. AGENCY agrees fo comply with Office of Management and Budget Circular A- 87, Cost Principles for State and Local Government, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. b. 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) those 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 or sub-contractor under this Agreement 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. 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 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. l( l~ d. AGENCY agrees to include Project in the schedule of projects to be examined in AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with Office of Management and Budget Circular A-133. 2002-381 Agreement No. 08A0796 City of San Bernardino Page 5 of 11 10. Americans with Disabilities Act By signing this Agreement, AGENCY assures DEPARTMENT that it complies with 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. Mutual Hold Harmless a. Nothing in the provisions of the Agreement is intended to create duties or obligations to or rights in third parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the operation, maintenance and repair of State highways or AGENCY facilities different from the standard of care imposed by law. b. Neither DEPARTMENT nor any officer or employee thereof is responsible for any 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 jurisdiction delegated to AGENCY under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, AGENCY shall fully defend, indemnify and save harmless DEPARTMENT, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code section 810.8) occurring by reason of anything done or omitted to be done by AGENCY under or in connection with any work, authority or jurisdiction delegated to AGENCY under this Agreement. c. Neither AGENCY nor any commissioner, officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by DEPARTMENT or in connection with any work, authority or jurisdiction delegated to DEPARTMENT under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, DEPARTMENT shall fully defend, indemnify and save harmless AGENCY, its commissioners, officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code section 810.8) occurring by reason of anything done or omitted to be done by DEPARTMENT under or in connection with any work, authority or jurisdiction delegated to DEPARTMENT under this Agreement. 12. Non-Discrimination a. During the performance of this Agreement, AGENCY and all of its subcontractors, 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), medical condition (cancer), age, marital status, denial of family and medical care leave, and denial of pregnancy disability leave. AGENCY and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. AGENCY and its sub-contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et 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 implementing Government Code .1> '.\ 2002-381 Agreement No. 08A0796 City of San Bernardino Page 6 of 11 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 contract by reference and made a part hereof as if set forth in full. AGENCY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. b. AGENCY shall include the nondiscrimination and compliance provisions of this clause 12.in all subcontracts to perform work under this Agreement. c. 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 Agreement by reference. 13. Fundinq Reauirements a. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement was executed after that determination was made. b. This Agreement is valid and enforceable only if sufficient funds are made available to DEPARTMENT by the United States Government or the California State Legislature for the purpose of this program. In addition, this Agreement 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 Agreement in any manner. c. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds. d. DEPARTMENT has the option to void this Agreement under the 30-day termination clause or to amend this Agreement to reflect any reduction of funds. 14. Records Retention a. AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line item for the Project. The accounting system of AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors and subcontractors connected with Project performance under this Agreement shall be maintained for a minimum of three 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, and its subcontractors upon receipt of any request made by DEPARTMENT or its agents. In conducting an audit of the costs and match credits claimed under this Agreement, 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 .\\ 2002-381 Agreement No. 08A0796 City of San Bernardino Page 7 of 11 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 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 and subcontractors 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 Agreement 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. 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 and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by DEPARTMENT, for the purpose of any investigation to ascertain compliance with this Agreement. 15. Disputes a. Any dispute concerning a question of fact arising under this Agreement 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 the AGENCY. b. Neither the pendency of a dispute nor its consideration by the Contract Officer will excuse the AGENCY from full and timely performance in accordance with the terms of the Agreement. 16. Subcontractors 17. l~ l~ The AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the DEPARTMENT Contract Manager, unless expressly included (subcontractor identified) in Attachment III. Any subcontract in excess of $25,000 entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors. Third Party Contractina a. Any subcontract entered into by AGENCY as a result of this Agreement 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. b. II a 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 Agreement in the same manner as is required of all other Project expenditures. 2002-381 Agreement No. 08A0796 City of San Bernardino Page 8 of 11 c. In addition to the above, the preaward requirements of third party contractor/consultants with local agencies must be consistent with Local Program Policy (LPP 00-05). 18. Labor Code Compliance AGENCY shall include in all subcontracts funded by this Agreement which contemplates the actual construction of a public works project paid for by funds allocated under this Agreement, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works projects (as defined in California Labor Code 1720-1815) will be paid not less than the general prevailing wage rates predetermined by the Director of the State Department of Industrial Relations. 19. DisadvantaQed Business Enterprise Should Title 49 CFR Part 26, entitled "Participation by Disadvantaged Business Enterprise in State of California, Department of Transportation Financial Assistance Programs., be applicable to AGENCY, AGENCY will meet, or make good faith efforts to meet, the applicable goals in the award of every contract for work to be performed under this Agreement. 20. DruQ-Free Workplace Certification By signing this Agreement, the AGENCY hereby certifies under penalty of perjury under the laws of the State of Calnornia that the 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 notnying 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: 1. the dangers of drug abuse in the workplace, 2. the person's or organization's policy of maintaining a drug-free workplace, 3. any available counseling, rehabilitation, and employee assistance programs, and 4. penalties that may be imposed upon employees for drug abuse violations. I~ c. 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, 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 Agreement or termination of this Agreement or both and AGENCY may be ineligible for Agreement No. 08A0796 2002-381 City of San Bernardino Page 9 of 11 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 ou1 the requirements as noted above. 21. Relationship of Parties It is expressly understood that this is an agreement by and between two independent governmental entities and that this is not intended to, and shall 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. 22. Equipment Purchase (Bv AGENCY) a. Prior authorization in writing by the DEPARTMENT Contract Manager shall be required before the 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. b. For the purchase of any item, service, or consulting work not specifically identified in the attached Project Description (Attachment III) and exceeding $500, three competitive quotations must be submitted with the request or the absence of bidding must be adequately justified with prior authorization by the DEPARTMENT Contract Manager. c. Any equipment purchased as a result of this Agreement is subject to the following: The AGENCY shall maintain an inventory record for each piece of non- expendable equipment purchased or built with funds provided under the terms of this Agreement. The inventory record of each piece of such equipment shall include the date acquired, total cost, serial number, model identification (on sale, in accordance with established DEPARTMENT procedures, 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 year or more and an approximate unit price of $500 or more. In addition, theft-sensitive items of equipment costing less than $500 shall be inventoried. A copy of the inventory record must be submitted to DEPARTMENT upon request by DEPARTMENT. c. At the conclusion of the Agreement or if the Agreement is terminated, the 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 the AGENCY elects to keep the equipment, fair market value shall be determined, at the 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 it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by DEPARTMENT. CFR 49, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the Project. 1\ l~ d. e. Any subagreement entered into as a result of this Agreement shall contain all of the provisions of this Article. 23. Disabled Access Review 2002-381 Agreement No. 08A0796 City of San Bernardino Page 100f 11 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 future construction contract will be awarded by AGENCY unless AGENCY's 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 Americans with Disabilities Act (42 USC 12101, et. seq.). 24. Fire Marshal Review The State Fire Marshal adopts building standards for fire safety and panic prevention. Such regulations pertain to fire protection design and construction, means of egress and adequacy 01 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 DEPARTMENT fire protection standards. 25. Environmental Clearance 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 21 080(b)(1 0), 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. 26. Proiect Close Out The Agreement Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date the Agreement 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. It \\ 2002-381 Agreement No. 08A0796 City of San Bemardlno Page 11 of 11 ATTACHMENTS: The following attachments are incorporated into and are made a part of tills Agreement by this reference and attachmenl I. Accounting & Audit Guidelines II. AGENCY Resolution III. Scope of Work, Schedule, and Costs IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and yaar first herein above written: STATE OF CAUFORNlA DEPARTMENT OF TRANSPORT ATION City of San Bem8l'dlno By: Judith valles Tille: Mayor By: nle: Contract OIfIcer Date: Date: Attest: By.: RaChel Clark Title: Cit:v Cl<erk Oate: By: Ray Casey Title: City Engineer Date: APPROVED AS TO FORM AND LEGAL CONTENL James r. Penman, City Attorney ~_ ,/'e:.-- 2002-381 Agreement No. 08A0796 Attachment I Page 1 of 5 ATTACHMENT I ACCOUNTING & AUDIT GUIDELINES FOR AGREEMENTS WITH DEPARTMENT INTRODUCTION The purpose of this information is to outline for you, a potential contractor with the California State Department of Transportation (DEPARTMENT), the basic elements of an adequate accounting system, and the types and objectives of audits that will be performed in relation to your contract. In order to successfully compete for a contract and meet the audit requirements, a contractor (whether a prime or subcontractor) must have a system of record keeping and internal control. Although a specific cost accounting system is not required, a contractor needs a system which will assure compliance with the terms of the agreement. A preaward audit will be performed to assure you meet these requirements prior to contract execution. If your system is deficient, the contract will not be executed. DEPARTMENT reimburses, through your overhead rate, the costs attributable to establishing and maintaining a cost accounting system. Staff time and other costs related to an audit performed of your contract are also normally reimbursed through your overhead rate. ACCOUNTING SYSTEM Contractors (whether a prime or subcontractor) planning to contract with DEPARTMENT must have an accounting system which meets the following objectives: . The ability to record and report financial data in accordance with generally accepted accounting principles. . A system of record keeping to ensure that costs billed to DEPARTMENT are: a. Supported by adequate documentation. b. In compliance with the terms of the contract and applicable Federal and State regulations specified in the contract. . A system of record keeping which ideally includes the following: .I~ l~ a. A General Ledger b. Job cost ledger c. Labor distributions d. Time records e. Subsidiary journals 2002-381 Agreement No. 08A0796 Attachment I Page 2 of 5 f. Chart of accounts g. Financial statements . The ability to accumulate and segregate reasonable, allocable (incurred solely for a project) and allowable (per terms of the contract) costs through the use of a cost accounting system. The following are some of the attributes which would ideally be found in such a system: a. A chart of accounts which includes indirect and direct general ledger accounts. Indirect costs are not specifically identified to a project, for example, rent and/or utilities. Direct costs are specifically identified with a project, for example, drafting hours and/or design hours. b. Segregation of costs by contract, category of cost and milestones (if applicable). c. Proper recording of direct and indirect costs. For example, recording of labor costs should provide that non-project indirect hours be recorded on a timesheet and in the accounting records to an administration, vacation, sick leave or other indirect cost accounVcode. Direct project hours should be recorded on a timesheet and in the accounting records to a direct project cost accounVcode. d. Consistent accounting treatment of costs in recording and reporting. For example, if travel expense is charged directly to a project, all travel expense incurred on any project should be considered a direct cost. As a result, project related travel, whether reimbursable per the contract terms or not, should not be included as an indirect cost. e. Ability to trace from invoices submitted to DEPARTMENT to job cost records and original, approved source documents, for example, timesheets, vendor invoices, canceled checks. l. Ability to reconcile job cost records to the accounting records. . Compliance with cost principles described in the Code of Federal Regulations 48, Federal Acquisition Regulations System (FAR), Chapter 1, Parl31. Information on how to obtain this regulation is described under "Audit Criteria" in this brochure. . Procedures to monitor and adjust projected overhead rates to actual rates. . Controls to ensure that written approval is obtained prior to any changes to the contract. . Procedures to retain accounting records and source documentation as required by the terms of the contract. . A system of internal control which provides reasonable assurance that assets are protected; financial data, records and statements are reliable; and errors and irregularities are promptly discovered, reported, and corrected. The elements of a system of internal control should include, but not be limited to, the following: \\ a. Separation of duties for proper protection of assets. Incompatible duties are those that place any person in a position to both perpetrate and conceal errors or irregularities in the normal course of business. For example, the person who writes checks should be different from the person who reconciles bank statements and the person who purchases goods should be different from the person who receives goods. 2002-381 Agreement No. 08A0796 Attachment I Page 3 of 5 b. Limiting access to assets to only authorized personnel who require these assets in the performance of their assigned duties. For example, blank check stock should be locked in a safe when not in use. c. Authorization and record keeping procedures which provide effective accounting control over assets, liabilities, revenues, and expenditures. d. A system of practices to be followed in the performance of duties and functions. Such a system normally includes policies and procedures which establish the purpose and requirements of the accounting system. For example, timekeeping practices should ideally provide for the following: Timesheets be prepared, signed, and dated by all employees. Timesheets be completed in non-erasable ink. Timesheet corrections be crossed-out and initialed by the employee. Timesheets be signed by a supervisor as reviewed and retained on file as required by the contract. e. Personnel with skills and training commensurate with their responsibilities. f. A system of internal review. For example, bank reconciliations and travel expense claims should be reviewed approved and signed by a supervisor. AUDITS Contractors, whether a prime or subcontractor, performing under a negotiated contract with DEPARTMENT are subject to the following audits: PREAWARD AUDITS Prior to the award of a contract, the DEPARTMENT Audits and Investigations will conduct a preaward audit to determine if the contractor's accounting system is adequate to accumulate and segregate costs as detailed in the previous section and to determine if the proposed costs are reasonable. The audit alerts both the contractor and DEPARTMENT management to problems relative to the contractor's cost proposal and cost accounting system. Due to time constraints in the award process, your cooperation in scheduling the preaward audit with short notice will expedite the execution of your contract. INTERIM AUDITS Interim audits are performed on an as needed basis. During the preaward audit, if it is determined that the contractor's accounting system is new or minor deficiencies are noted, an . r.~~rim audit is scheduled to determine that the system is functioning adequately to ensure that tVIled costs are supported and that any deficiencies were corrected. An interim audit may be requested by the contract administrator or by DEPARTMENT management to address concerns during the course of the contract. Also, an audit manager may initiate an interim audit of a long duration contract to ensure that costs reimbursed to date are allowable. POST AUDITS Agreement No. 08A0796 Attachment I Page 4 of 5 Post audits of contracts are performed routinely after project completion. Post audits are performed to determine whether the costs claimed are allowable, allocable, reasonable, and in compliance with the Federal and State laws and regulations as well as the fiscal provisions stipuiated in the contract. The examination includes reviews of applicable laws and regulations, the contract requirements and the contractor's internal controls systems. Audit tests of the contractor's accounting records and other auditing procedures considered necessary will also be performed. Applications of all audit procedures would also be governed by the individual contract under audit. Unsupported or unallowable costs are normally the result of weaknesses in the accounting system and will be reimbursed to DEPARTMENT. 2002-381 To provide contractors with a procedure for obtaining prompt and equitable resolution to a dispute arising from a post-audit of a non. highway construction cost reimbursement contract, DEPARTMENT has established an Audit Review Committee (ARC). Information explaining the ARC should be found in your contract and/or as an attachment to the post-audit report. AUDIT CRITERIA For specific information regarding basic cost accounting systems and applicable State and Federal regulations, please see the following: Code of Federal ReQulations 48, Federal Acquisition ReQulations System. Chapter 1. Part 31 This regulation contains cost principles and procedures for the pricing of contracts/subcontracts and the determination, negotiation, or allowance of costs. Contact: Superintendent of Documents Government Printing Office Washington, DC 20402 Washington D,C. San Francisco Los Angeles (202) 783-3238 (415) 512-2770 (213) 239-9844 California State Administrative Manual A reference source for statewide policies, procedures, regulations, and information. Contact: Office of State Publishing Department of General Services (916) 445-2295 'II( For review of the above references, contact your local library or the California State Library. California State Library/Library and Courts Building 914 Capitol Mall P. O. Box 942837 Sacramento, CA 94237-0001 Information: (916) 654-0261 2002-381 Agreement No. 08A0796 Attachment I Page 5 of 5 For assistance in establishing an accounting system which will meet the objectives outlined in this brochure, you should contact an accountant and/or bookkeeper who is familiar with cost accounting systems. DEPARTMENT is an affirmative action employer. Equal opportunity is offered to all regardless of race, color, creed, national origin, ancestry, sex, marital status, disability, religious or political affiliation, age or sexual orientation. Contractors that contract with DEPARTMENT are responsible for taking necessary and reasonable steps to achieve these same goals. l( l( " 2002-381 Agreement No. 08A0796 City of San Bernardino . Page 1 of 11 FUND TRANSFER AGREEMENT THIS AGREEMENT, ENTERED INTO ON June 27, 2002. is between the State of California, acting by and through its Department of Transportation, referred to herein as DEPARTMENT, and City of San Bernardino, hereinafter referred to as AGENCY. RECITALS 1. DEPARTMENT and AGENCY. pursuant to Streets and Highways Code section 114 (b), are authorized to enter into an agreement for State funding aHecting State Highways within the jurisdiction of AGENCY. 2. The AGENCY governing body, under the authority of local ordinances, have authorized the AGENCY to provide services or funding as described and specified herein pursuant to the attached AGENCY resolution attached hereto and incorporated by this reference as Attachment II. 3. AGENCY has agreed to develop the Santa Fe Depot Area Plan, hereinafter the Project, subject to the terms and conditions of this Agreement. The Project Description (Scope of Work and Costs) for Project is attached hereto and is incorporated by this reference as Atlachmentlll. 4. All services performed by AGENCY pursuant to this Agreement are intended to be performed in accordance with all applicable federal, state, and AGENCY laws, ordinances, regulations, and DEPARTMENT encroachment permits, published manuals, and procedures. 5. Project funding is as follows: FUND TITLE State Highway Account FUND SOURCE 042T DOLLAR AMOUNT $268,800.00 SECTION I AGENCY AGREES: To satisfactorily compiete all Project work described in Attachment III. SECTION II DEPARTMENT AGREES: DEPARTMENT agrees that when conducting an audit of the allowable costs claimed for reimbursement under the provisions of this Agreement, DEPARTMENT will rely to the maximum ell!!,nl possible on any prior audit of AGENCY pursuant to the provisions of State and applicable ~rallaws. In the absence of such an audit, work of other auditors will be relied upon to the extent that such work is acceptable to DEPARTMENT when planning and conducting additional audits. " 2002-381 Agreement No. 08A0796 City of San Bernardino Page 2 of 11 SECTION III 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 Project Manager is Tim Porter at (909) 384-5253. b. DEPARTMENT Contract Manager is Zeron Jefferson at (909) 383-6488. c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: City of San Bernadino Attention: Tim Porter Development Services City Hall, 300 North "D" Street San Bernardino, CA 92418 California Department of Transportation District B - Community Planning Attention: Zeron Jefferson 464 W. Fourth Street, 7'" Floor, MS 726 San Bernardino, CA 92401-1400 2. Period of Performance This Agreement shall begin on July 1, 2002 contingent upon approval by DEPARTMENT, and expire on June 30, 2003. unless extended by amendment. 3. Chanqes in Terms/Amendment The Agreement may only be amended or modified by mutual written agreement of the parties. 4. Termination This Agreement 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. , Cost Limitation a. The total amount reimbursable to AGENCY pursuant to this Agreement by DEPARTMENT shall not exceed $268,800.00 b. It is agreed and understood that this contract fund limit is an estimate and that DEPARTMENT will only pay for AGENCY services actually rendered as authorized by the DEPARTMENT Contract Manager at or below that fund limit. ., 2002-381 Agreement No. 08A0796 City of San Bernardino Page 3 of 11 6. Allowable Costs . The method of payment for this contract will be based on actual allowable costs. The DEPARTMENT will reimburse AGENCY for actual costs (including labor costs. employee benefits. travel. overhead and other direct costs incurred by the AGENCY in performance of the work). not to exceed the amount of $268.800.00. a. Actual costs shall not exceed the estimated wage rates and other estimated costs set forth in Attachment III without written agreement between the DEPARTMENT and the AGENCY. b. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in the performance of the work. AGENCY must not only have incurred the expenditures on or after the Effective Date of this Agreement and before the Termination Date, but must have also paid for them. c. Payments to AGENCY for Project related travel and subsistence expenses of AGENCY forces and its subcontractors claimed for reimbursement or applied as local match credit shall not exceed rates authorized to be paid exempt non- represented State employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by AGENCY are in excess of those authorized DPA rates. then AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by DEPARTMENT shall be reimbursed to DEPARTMENT by AGENCY on demand. d. DEPARTMENT will reimburse AGENCY 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 the DEPARTMENT's Agreement Number and shall be submitted to the Contract Manager at the following address: California Department of Transportation District 8 - Community Planning Attention: Zeron Jefferson 464 W. Fourth Street, 7'" Floor. MS 726 San Bernardino. CA 92401.1400 e. Invoices shall include the following information: 1. Name of the AGENCY Personnel performing work 2. Date of Service 3. Location of Service (AGENCY - address) 7. Reports a. AGENCY shall submit written progress reports with each set of invoices to allow the DEPARTMENT Contract Manager to determine if AGENCY is performing to expectations. is on schedule, is within funding cost limitations. to provide communication of interim findings and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. I( 'l\ b. Any document or written report prepared as a requirement of this Agreement 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. i Agreement No. 08A0796 2002- 381 City of San Bernardino Page 4 of 11 AGENCY will provide five (5) copies and one (1) electronic version, of final report to the DEPARTMENT Contract Manager. c. 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 Agreement, unless expressly permitted as local match expenditures made prior to the effective date of this Agreement pursuant to Government Code section 14529.17 or by an executed SB 2800 Agreement for Local Match Fund Credit. b. AGENCY agrees to contribute at least the statutorily or other required local contribution of matching funds (other than state or federal funds), if any is specified within this Agreement or in any Attachment hereto, toward the actual cost of the Project 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 Jess than its required match amount toward the services described herein on a proportional monthly or quarterly basis, coinciding with its invoicing frequency. 9. Cost Principles a. AGENCY agrees to compiy with Office of Management and Budget Circular A- 87, Cost PrinCiples for State and Local Government, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. b. 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) those 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 or sub-contractor under this Agreement 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. 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 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. 1\ I~ d. AGENCY agrees to include Project in the schedule of projects to be examined in AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with Office of Management and Budget Circular A-133. . , 2002-381 Agreement No. 08A0796 City of. San Bernardino Page 5 of 11 10. Americans with Disabilities Act By signing this Agreement, AGENCY assures DEPARTMENT that it complies with 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. Mutual Hold Harmless a. Nothing in the provisions of the Agreement is intended to create duties or obligations to or rights in third parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the operation, maintenance and repair of State highways or AGENCY facilities different from the standard of care imposed by law. b. Neither DEPARTMENT nor any officer or employee thereof is responsible for any 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 jurisdiction delegated to AGENCY under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, AGENCY shall fully defend, indemnify and save harmless DEPARTMENT, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code section 810.8) occurring by reason of anything done or omitted to be done by AGENCY under or in connection with any work, authority or jurisdiction delegated to AGENCY under this Agreement. c. Neither AGENCY nor any commissioner, officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by DEPARTMENT or in connection with any work, authority or jurisdiction delegated to DEPARTMENT under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, DEPARTMENT shall fully defend, indemnify and save harmless AGENCY, its commissioners, officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code section 810.8) occurring by reason of anything done or omitted to be done by DEPARTMENT under or in connection with any work, authority or jurisdiction delegated to DEPARTMENT under this Agreement. 12. Non-Discrimination \~\ a. During the performance of this Agreement, AGENCY and all of its subcontractors, 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), medical condition (cancer), age, marital status, denial of family and medical care leave, and denial of pregnancy disability leave. AGENCY and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. AGENCY and its sub-contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Tille 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code 2002-381 Agreement No. 08A0796 City of-San Bernardino Page 6 of 11 section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the Cqlifornia Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. AGENCY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. b. AGENCY shall include the nondiscrimination and compliance provisions of this clause 12.in all subcontracts to perform work under this Agreement. c. 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 Agreement by reference. 13. FundinQ Requirements a. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement was executed after that determination was made. b. This Agreement is valid and enforceable only if sufficient funds are made available to DEPARTMENT by the United States Government or the California State Legislature for the purpose of this program. In addition, this Agreement 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 Agreement in any manner. c. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds. d. DEPARTMENT has the option to void this Agreement under the 30-day termination clause or to amend this Agreement to reflect any reduction of funds. 14. Records Retention .\\ a. AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line item for the Project. The accounting system of AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors and subcontractors connected with Project performance under this Agreement shall be maintained for a minimum of three 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, and its subcontractors upon receipt of any request made by DEPARTMENT or its agents. In conducting an audit of the costs and match credits claimed under this Agreement, 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 2002-381 Agreement No. 08A0796 City of San Bernardino . Page 7 of 11 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 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 and subcontractors 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 Agreement 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. 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 and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by DEPARTMENT, for the purpose of any investigation to ascertain compliance with this Agreement. 15. Disputes a. Any dispute concerning a question of fact arising under this Agreement 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 the AGENCY. b. Neither the pendency of a dispute nor its consideration by the Contract Officer will excuse the AGENCY from full and timely performance in accordance with the terms of the Agreement. 16. Subcontractors 17. '.I; .~ The AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the DEPARTMENT Contract Manager, unless expressly included (subcontractor identified) in Attachment III. Any subcontract in excess of $25,000 entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors. Third Party ContractinQ a. Any subcontract entered into by AG ENCY as a result of this Agreement 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. b. If a 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 Agreement in the same manner as is required of all other Project expenditures. 2002-381 Agreement No. 08A0796 City of San Bernardino Page 8 of 11 c. In addition to the above, the preaward requirements of third party contractor/consultants with local agencies must be consistent with Local Program Policy (LPP 00-05). 18. Labor Code Compliance AGENCY shall include in all subcontracts funded by this Agreement which contemplates the actual construction of a public works project paid for by funds allocated under this Agreement, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works projects (as defined in California Labor Code 1720-1815) will be paid not less than the general prevailing wage rates predetermined by the Director of the State Department of Industrial Relations. 19. Disadvantaqed Business Enterprise Should Title 49 CFR Part 26, entitled "Participation by Disadvantaged Business Enterprise in State of California, Department of Transportation Financial Assistance Programs", be applicable to AGENCY, AGENCY will meet, or make good faith efforts to meet, the appiicable goals in the award of every contract for work to be performed under this Agreement. 20. Druq-Free Workplace Certification By signing this Agreement, the AGENCY hereby certifies under penalty of perjury under the laws of the State of California that the 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: 1. the dangers of drug abuse in the workplace, 2. the person's or organization's policy of maintaining a drug-free workplace, 3. any available counseling, rehabilitation, and employee assistance programs, and 4. penalties that may be imposed upon employees for drug abuse violations. l~ c. 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, 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 Agreement or termination of this Agreement or both and AGENCY may be ineligible for Agreement No. 08A0796 City of San Bernardino Page 9 of 11 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. 2002-381 21. Relationship of Parties It is expressly understood that this is an agreement by and between two independent governmental entities and that this is not intended to, and shall 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. 22. Equipment Purchase (Bv AGENCY) .~ a. Prior authorization in writing by the DEPARTMENT Contract Manager shall be required before the AGENCY enters into any non-budgeted purchase order or subagreement exceeding $500 for supplies, equipment, or consuitant services. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. b. For the purchase of any item, service, or consulting work not specifically identified in the attached Project Description (Attachment III) and exceeding $500, three competitive quotations must be submitted with the request or the absence of bidding must be adequately justified with prior authorization by the DEPARTMENT Contract Manager. c. Any equipment purchased as a result of this Agreement is subject to the following: The AGENCY shall maintain an inventory record for each piece of non- expendable equipment purchased or built with funds provided under the terms of this Agreement. The inventory record of each piece of such equipment shall include the date acquired, total cost, serial number, model identification (on sale, in accordance with established DEPARTMENT procedures, 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 year or more and an approximate unit price of $500 or more. In addition, theft-sensitive items of equipment costing less than $500 shall be inventoried. A copy of the inventory record must be submitted to DEPARTMENT upon request by DEPARTMENT. c. At the conclusion of the Agreement or if the Agreement is terminated, the 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 the AGENCY elects to keep the equipment, fair market value shall be determined, at the 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 it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by DEPARTMENT. CFR 49, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the Project. I~ d. e. Any subagreement entered into as a result of this Agreement shall contain all of the provisions of this Article. 23. Disabled Access Review , , 2002-381 Agreement No. 08A0796 City of San Bernardino Page100f11 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 future construction contract will be awarded by AGENCY unless AGENCY's plans and specifications for such facilities conform to the provisions of Sections 4450 and 4454 of the California Government Code, if applicabie. Further requirements and guidance are provided in Titie 24 of the California Administrative Code and the Americans with Disabilities Act (42 USC 12101, et. seq.). 24. Fire Marshal Review The State Fire 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 Heaith 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 DEPARTMENT fire protection standards. 25. Environmental Clearance 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 21 080(b)(1 0), 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. 26. Proiect Close Out l( The Agreement Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date the Agreement 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. 11\ I 2002-381 Agreement No. 08A0796 City 01 San Bernardino Page 11 of " ATTACHMENTS: The lollowlng attachments are incorporated into end are made a part of this Agreement by this relerence and attachmenl I. Accounting & Audit Guidelines II. AGENCY Resolution III. Scope 01 WOIk, Schedule, and Costs IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first herein above written: STATE OF CALIFORNIA DEPARTMENTOFTRAN~ B:JfJu~ . City 01 San Bernardino Date) r- q . f) Y; By: T~U \ Date: f:J -/ Y -0 ? Attest: nle: Contract Oll..co, B~~'~~ ark Tille: City CJ"rk Date: I;) 'Ie, - o';}- By: Ray Casey Titie: City Engineer Dale: APPROVED AS TO FORM AND LEGAL CONTENJ~ James F. Penman, City A tcrney By: iU , . 2002-381 Agreement No. 08A0796 Attachment I Page 1 of 5 ATTACHMENT I ACCOUNTING & AUDIT GUIDELINES FOR AGREEMENTS WITH DEPARTMENT INTRODUCTION The p~rpose of this information is to o~t1ine for you, a potential contractor with the California State Department of Transportation (DEPARTMENT), the basic elements of an adeq~ate accounting system, and the types and objectives of a~dits that will be pertormed in relation to yo~r contract. In order to s~ccessfully compete for a contract and meet the audit requirements, a contractor (whether a prime or subcontractor) must have a system of record keeping and internal control. Altho~gh a specific cost accounting system is not required, a contractor needs a system which will ass~re compliance with the terms of the agreement. A preaward a~dit will be performed to assure yo~ meet these requirements prior to contract execution. If yo~r system is deficient, the contract will not be executed. DEPARTMENT reimb~rses, through yo~r overhead rate, the costs attributable to establishing and maintaining a cost accounting system. Staff time and other costs related to an audit pertormed of your contract are also normally reimb~rsed thro~gh yo~r overhead rate. ACCOUNTING SYSTEM Contractors (whether a prime or s~bcontractor) planning to contract with DEPARTMENT m~st have an acco~nting system which meets the following objectives: . The ability to record and report financial data in accordance with generally accepted accounting principles. . A system of record keeping to ensure that costs billed to DEPARTMENT are: a. Supported by adeq~ate documentation. b. In compliance with the terms of the contract and applicable Federal and State regulations specified in the contract. . A system of record keeping which ideally incl~des the following: l~ l( a. A General Ledger b. Job cost ledger c. Labor distributions d. Time records e. Subsidiary jo~rnals '. 2002-381 Agreement No. 08A0796 Attachment I Page 2 of 5 f. Chart of accounts g. Financial statements . The ability to accumulate and segregate reasonable, allocable (incurred solely for a project) and allowable (per terms of the contract) costs through the use of a cost accounting system. The following are some of the attributes which would ideally be found in such a system: a. A chart of accounts which includes indirect and direct general ledger accounts. Indirect costs are not specifically identified to a project, for example, rent and/or utilities. Direct costs are specifically identified with a project, for example, drafting hours and/or design hours. b. Segregation of costs by contract, category of cost and milestones (if applicable). c. Proper recording of direct and indirect costs. For example, recording of labor costs should provide that non-project indirect hours be recorded on a timesheet and in the accounting records to an administration, vacation, sick leave or other indirect cost accounVcode. Direct project hours should be recorded on a timesheet and in the accounting records to a direct project cost accounVcode. d. Consistent accounting treatment of costs in recording and reporting. For example, if travel expense is charged directly to a project, all travel expense incurred on any project should be considered a direct cost. As a result, project related travel, whether reimbursable per the contract terms or not, should not be included as an indirect cost. e. Ability to trace from invoices submitted to DEPARTMENT to job cost records and original, approved source documents, for example, timesheets, vendor invoices, canceled checks. f. Ability to reconcile job cost records to the accounting records. . Compliance with cost principles described in the Code of Federal Regulations 48, Federal Acquisition Regulations System (FAR), Chapter 1, Part 31. Information on how to obtain this regulation is described under "Audit Criteria" in this brochure. . Procedures to monitor and adjust projected overhead rates to actual rates. . Controls to ensure that written approval is obtained prior to any changes to the contract. . Procedures to retain accounting records and source documentation as required by the terms of the contract. . A system of internal control which provides reasonable assurance that assets are protected; ,~ financial data, records and statements are reliable; and errors and irregularities are promptly discovered, reported, and corrected. The elements of a system of internal control should include, but not be limited to, the following: a. Separation of duties for proper protection of assets. Incompatible duties are those that place any person in a position to both perpetrate and conceal errors or irregularities in the normal course of business. For example, the person who writes checks should be different from the person who reconciles bank statements and the person who purchases goods should be different from the person who receives goods. 2002-381 Agreement No. 08A0796 Attachment I Page 3 of 5 b. limiting access to assets to only authorized personnel who require these assets in the performance of their assigned duties. For example, blank check stock should be locked in a safe when not in use. c. Authorization and record keeping procedures which provide effective accounting control over assets, liabilities, revenues, and expenditures. d. A system of practices to be followed in the performance of duties and functions. Such a system normally includes policies and procedures which establish the purpose and requirements of the accounting system. For example, timekeeping practices should ideally provide for the following: Timesheets be prepared, signed, and dated by all employees. Timesheets be completed in non-erasable ink. Timesheet corrections be crossed-out and initialed by the employee. Timesheets be signed by a supervisor as reviewed and retained on file as required by the contract. e. Personnel with skills and training commensurate with their responsibilities. f. A system of internal review. For exam pie, bank reconciliations and travel expense claims should be reviewed approved and signed by a supervisor. AUDITS Contractors, whether a prime or subcontractor, performing under a negotiated contract with DEPARTMENT are subject to the following audits: PREAWARD AUDITS Prior to the award of a contract, the DEPARTMENT Audits and Investigations will conduct a preaward audit to determine if the contractor's accounting system is adequate to accumulate and segregate costs as detailed in the previous section and to determine if the proposed costs are reasonable. The audit alerts both the contractor and DEPARTMENT management to problems relative to the contractor's cost proposal and cost accounting system. Due to time constraints in the award process, your cooperation in scheduling the preaward audit with short notice will expedite the execution of your contract. INTERIM AUDITS Interim audits are performed on an as needed basis. During the preaward audit, if it is determined that the contractor's accounting system is new or minor deficiencies are noted, an . i'l~~r.im audit is scheduled to determine that the system is functioning adequately to ensure that ~ed costs are supported and that any deficiencies were corrected. An interim audit may be requested by the contract administrator or by DEPARTMENT management to address concerns during the course of the contract. Also, an audit manager may initiate an interim audit of a long duration contract to ensure that costs reimbursed to date are allowable. POST AUDITS 2002-381 Agreement No. 08A0796 Attachment I Page 4 of 5 Post audits of contracts are performed routinely after project completion. Post audits are performed to determine whether the costs claimed are allowable, allocable, reasonable, and in compliance with the Federal and State laws and regulations as well as the fiscal provisions stipulated in the contract. The examination includes reviews of applicable laws and regulations, the contract requirements and the contractor's internal controls systems. Audit tests of the contractor's accounting records and other auditing procedures considered necessary will also be performed. Applications of all audit procedures would also be governed by the individual contract under audit. Unsupported or unallowable costs are normally the result of weaknesses in the accounting system and will be reimbursed to DEPARTMENT. To provide contractors with a procedure for obtaining prompt and equitable resolution to a dispute arising from a post-audit of a non-highway construction cost reimbursement contract, DEPARTMENT has established an Audit Review Committee (ARC). Information explaining the ARC should be found in your contract and/or as an attachment to the post-audit report. AUDIT CRITERIA For specific information regarding basic cost accounting systems and applicable State and Federal regulations, please see the following: Code of Federal Requlations 48. Federal Acquisition Requlations System. Chapter 1. Part 31 This regulation contains cost principles and procedures for the pricing of contracts/subcontracts and the determination, negotiation, or allowance of costs. Contact: Superintendent of Documents Government Printing Office Washington, DC 20402 Washington D.C. San Francisco Los Angeles (202) 783-3238 (415) 512-2770 (213) 239-9844 California State Administrative Manual A reference source for statewide policies, procedures, regulations, and information. Contact: Office of State Publishing Department of General Services (916) 445-2295 IJ( For review of the above references, contact your local library or the California State Library. California State Library/Library and Courts Building 914 Capitol Mall p, 0, Box 942837 Sacramento, CA 94237-0001 Information: (916) 654-0261 2002-381 Agreement No. 08A0796 Attachment I Page 5 of 5 For assistance in establishing an accounting system which will meet the objectives outlined in this brochure, you should contact an accountant and/or bookkeeper who is familiar with cost accounting systems. DEPARTMENT is an affirmative action employer. Equal opportunity is offered to all regardless of race, color, creed, national origin, ancestry, sex, marital status, disability, religious or political affiliation, age or sexual orientation. Contractors that contract with DEPARTMENT are responsible for taking necessary and reasonable steps to achieve these same goals. . I~ I~ Agreement No. 08A0796 Attachment II Page 1 of 2 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION 2002-381 From: Fred Wilson, City Administrator Subject: Authorize submittal of a grant application for Caltrans Community Based Transportation Planning funds for the development of a Santa Fe Depot Area Plan ....t. Dept: City Administrator's Office Date: October 23:2001 Synopsis of Previous Council Action: January 2000 - Council authorized the submittal of a grant application for the 2001 Transportation and Community and System Preservation Pilot Program (TCSP) for the purpose of developing a Santa Fe Depot Area Plan March 1999 - Council authorized the submittal of a grant application for the 1999 Transportation and Community and System Preservation Pilot Program (TCSP) for the purpose of developing a Santa Fe Depot Area Plan Recommended motions: 1. Authorize the submittal of the application for Caltrans Community Based Transportation Planning funds in th~ amount of $280,000; 2. Commit to allocate required local matching funds of $56,000 (if the project is selected for funding). 114. .. . .~Jj'-~ , , , 'Signature Contact person: Lori Sassoon: Tim Porter Phone: 384-5122 Supporting data attached: Staff report Ward: 1 FUNDING REQUIREMENTS: Amount: Matching funds of $56,000, if grant is awarded .\\ Source: (Acel. No.) To be determined (Acel. Description) General Fund Finance: Council Notes: '. 2002-381 Agreement No. 08A0796 Attachment" Page 2 of 2 10. Authori:z;e submittal of a grant application for Caltrans Community Based Transportation Planning funds for the development of a Santa Fe Depot Area Plan. (See Attached) (Cost to the City __ $56,000 in matching funds if the grant is awarded.) Ward 1 Approved MOTION #1: That the Mayor and Common Council authorize the submittal of the application for Caltrans\ Community Based Transportation Planning funds in the amount of $280,000; ;1 Approved MOTION #2: That the Mayor and Common Council commit to allocating the required local matching funds of $56,000 (if the project is selected for funding.) Citv Attornev 11. An Ordinance of the City of San Bernardino amending Section 10.16.120 of the San Bernardino Municipal Code relating to parking of motor trucks in a residential district. FINAL READING (Backup material was distributed on October 15, 2001, Item No. 26.) No Action Taken MOTION: That the ordinance be continued to the Council meeting of November 19, 2001. Approved MOTION: That said ordinance be adopted. Adopted MC-ll07 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, OdIum, & Haws and the City of San Bernardino to represent the City in the case of Lavon Dwyer, et al. v. City of San Bernardino, et al. (See Attached) 11\ Approved MOTION: That said resolution be adopted. Adopted 2001-330 7 11/5/2001 2002-381 Agreement No. 08A0796 City of San Bernardino Attachment 1IL Page 1 01'9 ... . J. PROJECT DESCRIPTIO:": . PROJECT PL'RPOSE: When Ihe Santa Fe Railroad administrative and support operations personnel vacated the depot and adjacent railroad maintenance yard facilities in 1989. due to corporate mergers and a pervasive economic decline in the railroad induSlTY, the depOt srruclurally began to derenorate. Unfortunately, the depanure of Ihe railroad initialed Ihe stan of a progressive economic decline to the adjacent neighboring community. Today, the depol IS silualed in one of the most blighted areas of San Bernardino. The Sanla Fe DepOt Area Plan will include Ihe developmenl of a land use plan and multi- modal transit master plan to guide fulure development, provlde Iransporralion enhancement alltrT'.anves, and ",ill expand upon the existing Sanla Fe DepOt Adaplive Reuse Study. The primary focus of Ihe previous reuse sludy was to ascertain Ihe mosl economically COSt- effective rehabilitation allernatives for the structUre, and to develop and evaluate potential alternatives for the depot complex as an intermodal surface rransporration facility_ In 1993, the City "'as awarded a Transporralion Enhancement ACllvity (TEA) Grant by the Federal Htghway Administrallon 10 fund Ihe depol rehabilitalion and adaprive reuse study. The study was endorsed by Ihe mayor and city council, the San Bernardino Associated GOvernmenrs (SA:\BAG), and numerous cirizen and business "stakeholder" groups. The intent of the study was ro develop and evaluate several reuse alternarives for the depot cump!e.\., and to expand upon the depor's currenr sole function as a railroad station for /vIllrak passenger service. ",ilh adjacent Merroiink service. Built in 1918 by the Santa Fe Railroad, rhe depot is one of the largest facilllies In southern California at 55,000 square feet. The depot is hiSlorically and stn.lclurally significant, and is located wilhin an Arc:a of POlemial Effect (APE). The depor was delerrnined by Calrrans District 8 personnel and Stale hisrorians 10 be of structural historic significance The geographical boundaries of the APE are locared within Ihe boundaries of the proposed area plan . . ~OJECT JUSTIFICATION: In the coming decade, Ihe proposed Sama Fe Depor Area Plan will function as a rool to guide, coordinare and facilirare the combined efforrs of numerous pubhc and privare shareholder organizarions who are involved wirh various aspecrs of Ihe site and adJacem neighborhood comr:1unities. The Plan will adtlress these specific issues rhrough community interaction at <ill lcv~ls of paniClpJlion. The Plan wlll inrcgrare wilh exisring community preserv:llion <icti"ities in the area, including Ihe Ciry's Economic Devdopment Agency sponsored anri-blighr and business expansion/retention programs. . " 2002-381 Agreement No. 08A0796 City of San Bernardino Attachment 1!I Page 2 of9 The Arca Plan, suppol1ec by ongoing public participation and involvement, ",ill provide a blueprint for mixed lane-use and transit development improvements that will create an opporruniry for future cOP.'..":1unity growth and expansion . PROJECT BE!It~FTTS: Transportation Opportunities: The Plan will provide alternative choices to automobile usage through the inter!acing of rail, bus, bicycle and pedestrian modes of surface transpol1auon activities Congesrion Reduction: The Area Plan will comply with Air Quality Management District and CongeStion Managen:ent Plan guidelines for mandated reductions in air pollution, trip :d' ~cri('n plans, rideshare programs, and the implementation of rransit oriented development alternatives. Consumer Savings: The plan will provide affordable transit facilities to the elderly and economically disadvantaged by providing an alternative to the high cost of automotive fuel md i ':.:>>'Jt'"d.I1Ge_ La[]d-Use Efficiency: The Plan will focus on high-density transit oriented development to rduce urban sprawl through "in-fill" redevelopment. Community Livability T.~e Plan will alter the spatial landscapes surrounding the depot to reduce automobile dependency and to encourage walking and bicycling activities to nearby adjacent communities. Road Safety Enhancements: Transit oriented development will reduce the poteruial for accidents by reducing veh:cular densities on high volume cransit corridors during peak hour commute periods. He2lrb Savings: The reduction in air pollution emissions reduces the risk of breathing related ailmems (lung cancer, asthma, emphysema, etc.). Compliance with Federal Tran!pofUtion Demand Management (lDM) Stutegies: The plan will comply with the following programs: Commuter Trip ReduCtion Plan; public cransit improvemems, non-motorized cransit improvemenrs., Universal design standards for public facilities, ADA requirements for public facilities, traffic calming and management methodology. 'I~. 2. PROJECT SUMMARY (AbHract): The Ciry of San Bernardino was allocated a Transportation Enhancement Activiries Grant by the Federal Highway Administration for rhe development of an adaptive reuse srudy with architecrural olans for the strucrural rehabilimion of the Santa Fe Depor The depot is located in the c~mer of the City a: [170 ),,! Stfe~ While the reuse of the facility is C'Jrremly being processed and the restoration will soon begin, it is imperative for the civic community to develop a comprehensive plan for the rejuvenation of the surrounding economically depressec neighborhood Grant funds in the amount of S268,8OO with a ~ 2002-381 City of San Bernardino A l1achment JIL Page 3 of9 locJ.1 march conrriburion of S67,200 are being requested ar rhis rime ro develop a unique area plan rhar will incorporate rranspol1ation aJrernatives, historic preservation, economic deveropmem, and housing rehabilirarion issues in neighborhoods adjacenr to rhe projeCT boundaries The plar: will inregr<ne wirh the Ciry's currenr communiry preservarion acti,~[ies in rhe area., including a comprehensive ami-blighr srraregy, an aggessive business arrraction and reremion program rhat is sponsored by the Ciry's Economic Developmenr Agency (EDA), and an award "'inning home ownership program. The Ciry proposes to cure a professional rranspol1arion planning consultant finn to prepare rhe area plan PROJECT OBJECTIVES: The Area Plan objectives will guide developmenr in compliance with TDM straregies w;rh long range and shan rerm goals thar will define and strive to achieve the highesr qualiry of social, economic, and environmental vitaliry for the communiry. The Area Plan shall COntain rhe following componems. Lind-use Alrern"rives' An enhancement of mixed-use alternatives including uansir- oriemed developmem, residenrial, and rommercial wirh presetVation of historical and architectUrally significant facilities. Transoortation: Develop alrernatives and phased scenarios for a multi-modal transit complex with parlcing facilities, parking managemenr, traffic circulation plans that incorporate expanded pedestrian and bicycle routes, transir ticket distribution systems which may include Amrrak, Mea-olink:, Greyhound, and Omniuans uansit operations The plan wi!! also incorporate all design aspects of the Calrrans I-215 off ramp modiiication at 2nd SUeet, and how this will impact traffic circulation at the depor rransit complex. The plan will derermine freeway depot guide signs and their proper locarion. Economic Development: The Plan will develop economic alternatives via stimuli from srakeholder and citizen group input throughoUt the project area. The Plan will perperu.a.te strong and affective public panicipation through ongoing local area workshops, "town halr' meerings, and more effective primed! mass media advertising straregies. Community Faciliti~: The Plan will evaluate the feasibility of historical facilities developmenr that could include an historical railroad memorabilia museum with additional community services facilities thar ...ill complement the transit related acti'1ries of the depOt complex. I~ Hops;ne: The plan shall develop suaregies for seeking additional Federal funding for the restoration and preservation of existing "historiCally significant" residences adjacent to and included in the projecr area and encourage in-fill and other reasonably priced housing construction thar complemenrs the rransir cenrer. Plannin[! Coordinarion Cultivation of lines of communication between public and privare developmenr ro assimilate related project ideas and concepts. Develop prorocol and me1hodology for project information distribution ro [he media and government represematives. 2002-381 Agreement No. 08A0796 City of San Bernardino A l1achment 1II Page 4 of9 3. PROJECT TASKS/PROJECT DOCUMENTS The Area Plan v.ill be composed of, and shall contain or produce, the follov.ing components' A. The location, Sp"t!,,! distribution and extenr of eXisting land use, including open space "'!Thin the project area. B. The proposed disrribution, location, extent and intensity of major components of public and private infrastructure, including transportation, continuation lines, water drainage, public utilities, and other essential facilities to be located within the planing area. C. Standards and criteria by which development ""ill proceed, and standards for consen<ation, developmem, and utilization ofnatllral resources. D A program WIth timetable for implementation of alremauves and measures incllldmg regulations, programs, public works projects, and financmg measur~s necessary to implemem all phases of the proposed plans. E The Area Pl:ln shall contain a statement of its relationship to the City's General Plan. No area plan may be adopted or amended unless the proposed plan or amenument 1S consistent with the General Plan. 4. PROJECT APPRAISAL The City proposes to utilize a three-step process in the evalllation and appraisal of the development of the Area Plan documents. The process will include: Process Evaluation: Steps taken and issues addressed by the conslllrant to develop alternatives for a rransponation-oriented master. plan for the depot area. Proiect Appraisal: Development of a process with guidelines for the selection and lmplernentauon of the Area Plan alternatives. The process will evaluate any measurable economic change, and the social impact of the Plan implementation. The analYSIS will include the rehabilitation and revitalization of existing residential and commercial areas, and the inTroduction of transit-oriented development features that will enhance the Santa Fe Depot complex. Ii\: The short term objectives of the Area Plan Will be: to evaluate adherence to the project umdines; measure public participation by number and frequency of Pllblic forums and anendance; the participation of stakeholuer groups; and llltimatdy the developmenl of a plan [hat addresses the project's objectives. Project progress statements will be issut"d via monthly reports to the FH W A and the public, and also via the City's Internet web site. .- 2002-381 Agreement No. 08A0796 City of San Bernardino Attachment III: Page 50f9 The long-range effeCTiveness ofrhe P~a..'l will be measured through rhe implemenwt.'on of its recommendations. These recommendarions should Include the presence oi trJnSI!- orienreu de.'elopmenr ::1 [he area, and increased ridership on transportation modes serving the depot. Economi.: revitaliLal1or: .",;:11 be measured by rhe increase of privare-sector de.'elopmenr and hor.:eo"'l1ership in [he area. The measures of periormance ",ill be eSlablished al the srarr of the projecl by gathering base line data on currenr land use, properly condirions, and socio-economic facrors in [he area. After proJecr cOr:1plellon, [his data will be updared every r\Yo (2) )'ears 10 evaluate the proJect's desired !ong-rt>m1 impaC1. These findings will be reponed ro the FHW A, San Bernardino Cir: Council, communit)' srakeholder groups. and other inrcresred enrilies, via Lf]e City's Inremer v.eb sire. The CilY operares a so'phislicated geographic informarion s)'srem .!.GIS) thar has been used previously for rhis Iype of demographic analysls_ This analysis has been published by Ihe League of California CitIes. This GIS expertIse will enable [he City to documenr project results and reporl them In a rimely manner TABLE 1. PROCESS E\ALUATIO:\': . GoalJOb - ective ! I/lvo/vf!me/lt of i Ncm-tradiTio/lul punllers I PerforlIUllce I\-leasures ~umber/lype of groups involved: (Parrners w1l1 be active parricipanrs in rhe Depor Area ?lan Advisor)' Committee) Evaluation Methods Review project meeting records (anendance list, minutes and correspondence) to iuenrify groups invoh cd and rheir roles. . San Bernardino Railroad Hlsrorical Society . Omnirrans . San Bernardino Associared Govemmenrs (SANBAG) . Greyhound Lines . Lorna Linda UniversilY Medical Cenrer . Neighborhood C[usrer I{ Associarions I{ MI. Vernon PAC . . , ~ '.. 2002-381 TABLE 2. PROJECT APPR.-\ISAL: Agreement No. 08A0796 City of San Bernardino AllachmentJIr Page 6 of9 Goal/Objective Aduplion oflhe plan and , provisions 10 f'n:>UTl: plan , ihJplemenltltion Plan 10 be consisTenl WiTh Slalt:widf' and .Jo.felropo/iran planning processes The pllln will fulfilllhe I desired OIlICO/tleS of rhe , projeci Performance :\teasures : The Mayor and Common : Council have the legal authority i to approve and subsequently : authorize implementaTion of the ; plan. t t I The planning consultant will , work closely wiTh The CiTY's i DevelopmenT Services i DepartmenT and SA",'BAG. I I i . Evaluation MeTbod(s) : AppropnaTe documents t i approved by lvuyor and i Common Council. : , i i Area plan consistent lIttith : STatewide and ~ferropolJtan : planning processes. i I I Improve rhe efficiency of The I' Approval of DepOT Area TransportaTion system by Redevelopmem Projects . locaTing TwO or more major ! consistent WiTh plan goals TransponaTion operators on ' or near the facility. I~ I( , . Reduce the impacts of TransponaTion on the enVIronment by examining \l;ays of reducing emissions from mobile SOllfces . Reduce The need for costly fuTure investments in publIc I nfrasuucTure-re ]ated projeC1s pending in the area . Ensure efficient access to jobs, service, and centers of trade through improved transportation services . The plan will examine development patterns and identify strategies to stimulate pnvate sector invesUTIt:nt . f' '" i Imegrale rransparralion, : cummuniry preservarion and environmenlal activities 2002-381 ~umber/type of !~r~res[s involved: i (Panners will be aC;!\e , parcicipa\1[s ofrne Depot Area Plan i\dvisory Corr.mince) · Public ;;.eClOr - Economic Development Agency, Development Services Departmer.r, Clry Administrator' 5 Office ". Community/imerest groups - Neighborhood Cluster Association of San Bernardino . Private secror - Lorna Linda Universiry Medical Center, Chamber of Commerce . Planning consultant J-\gn::t:Il1t.::nll~O. VO/'\V/;?U City of San Bernardino Allachmenlllr Page 7 of9 Review project meeting records (al1endance list, minures and correspondence) ro identify groups involved and their roles. GoallOb' ective E~aluation Method(s) Performance :\feasures I The planning process and i subsequent pia'! shall consider: ! , . Land developmer!r planning Histonc and community preservation Environmental impacts Private SeCtor cevelopmem ; , . I I. I Call1raCr wirh a consu/ranr i Request for Qualifications ro develop a mU5Ier plan I process. Jar Ihe depor areo i ! i I ~ ! Planning process 'will determine: ,'Actual developmenr is f I . . . h PI ' I. Appropriate land llses occumng conststent "'i1 an ! i. Design standards i obJecmes. I !. Transportation and circularion " ' needs . Infrasuucture needs ' , I l~ I l( I Preparalion oj area plan I , , , . . Conducr I . : "e))lt'hI L-. environmenral i .. . , Consultant senlces to Include: , . ylarket study Award a Contract. I ! Evaluate consultant's sludic$ , I ... ~ - " 2002-381 . HIStonc preservation study . T ransporra:ion impact analysis . Air quality analysIs . Acoustical ar:alysis . PreparatIon of the ~EPAJCEQA document i , I Results measured by: ! Public panicipation in . :-.lumber of rorums held I Jl!velopment of agl!nJus to.. Allendance at forums ,redu"1! impacts on the , . . Community Impacts i enVlronmelll (aesthetics/design, noise) . Community satisfaction GoallOb' ective , A tlherence ro projecr , riml!line, I I Reduce rhe need for costly ! furure investments in public ! infrastrucrure I I~ . It Performance Measures : Progress reports will be , conveyed on a monthly basis to the FHW A, the publ1c and via th~ website. The plan will serve to coordinate transportation and public in frastructure-re!ated proj ects pending in the immediate area: . Depot restoration · Mt. Vernon bridge replacement · Metrolink parking lot expansIOn · Omnitrans TranslI Center construction . Potential Greyhound terminal relocation . Melrolink line extension . Re-alignmem of215 freeway on and offramps · MlI Vernon Corridor redevelopment plan - Agreement No. 08A0796 City of San Bernardino Attachment JII: Page 8 of9 and analysis to determine: c:J1vironmental needs. Review records and from meenngs to public input. i , i mmures ! idemify! Evaluation Method s i Track reports and press ! releases. , I i Document coordination ! efforts with related area I' projects and incorporated into Area Plan. t I I I ~ g 1:1"" r---;c~~ o :; B 0\ ;;& E E " o u fj i?f . 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