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HomeMy WebLinkAbout2012/11/20 Item 17TY COUNCIL STATEMENT ~~{~~ CITY OF '~'^ CHUTAVISTA 11/20/12, Item ~7 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BICYCLE TRANSPORTATION ACCOCTNT (BTA) GRANT FUNDS IN THE AMOUNT OF $404,794 FOR THE COMPLETION OP A CLASS II BIKEWAY GAP ALONG WESTBOUND EAST ORANGE AVENUE- BETWEEN MELROSE AVENUE AND LOMA LANE, AUTHORIZING THE CITY ENGINEER TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA, AMENDING THE CIP FY2012-13 BUDGET, CREATING A NEW CIP PROJECT STM377 "WESTBOUND EAST ORANGE AVENUE BIKE GAP PROJECT" AND APPROPRIATING $404,794 TO THE OTHER TRANSPORTATION FUND AND $50,031 TO THE TRANSPORTATION SALES TAX FU (TRANSNET) SUBMITTED BY: DIRECTOR OF PUBLIC WORKS I ASSISTANT DIRECTOR OF ENGINEERING ~ ~~{~ REVIEWED BY: CITY MANAGER ~~~ 'SS ASSISTANT CITY MANAGER S~ 4/STNS VOTE: YES ® NO ^ SUMMARY On April 24, 2012, by Resolution 2012-065, Council approved the submittal of fiscal year 2012/2013 Bicycle Transportation Account (BTA) Program grant application for consu~uetion of a bikeway along East Orange Avenue between Melrose Avenue and Loma Lane. The intent of the program is to improve safety and convenience for bicycle commuters in the region. The BTA grant program is available to local agencies with adopted Bicycle Transportation Plans less than five years old. Local agencies must provide a minimum often percent of the total cost of an eligible project cost from sources other than BTA. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Enviromnental Quality Act (CEQA) and has determined that the activity qualifies for a Class 4 (h) categorical exemption pursuant to Section 15304 [Minor Alterations to Land] of the State CEQA Guidelines because the activity consists of the creation of bike lanes on existing rights-of-way. Thus no further CEQA enviromnental review is required. 17-1 11/20/12, Item ! J Page 2 of 3 RECOMMENDATION Council adopt the resolution BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION On Mazch 8, 2012, the California Department of Transportation Local Assistance (Caltrans) notified the local agencies of the availability of grant funding for Fiscal Year 2012-13 projects through its competitive BTA grant program. The intent of the program is to improve safety and convenience for bicycle commuters in the region. The BTA grant program is available to local agencies with adopted Bicycle Transportation Plans less than five years old. For Fiscal Yeaz 2012-13 funding, the plan must be adopted by the local agency between January 1, 2007 and March 31, 2012. The plan must subsequently be approved by the Metropolitan Planning Agency (MPO) before Mazch 13, 2012. The City of Chula Vista 2011 Bikeway Master Plan was adopted by Council Resolution 2011-013 on February 1, 2011_ A total of $7.2 million is anticipated to be available statewide with a onetime increase for Fiscal Year 2012-13 to $11.9 million only. No applicant shall receive more than 25 percent of the total amount transferred to the BTA in a single fiscal year. Local agencies must provide a minimum of 10 percent of the total cost of an eligible project cost from sources other than BTA. On April 24, 2012, by Resolution 2012-065, Council approved the submittal of a grant application for the BTA Program for construction of a westbound bikeway along East Orange Avenue between Melrose Avenue and Loma Lane (see Attachment 1). Within the project limits, there is a current bike lane gap only in the westbound direction, generally along the frontages of the multi-family housing area. There is sufficient room to reduce the median width by a few feet to retain the on-street pazking and close the bike lane gap. The eastbound direction has a bike lane and is complete. City staff has discussed this project with the adjacent property managers of the two lazge parcels, and on-street parking is definitely needed. These two pazcels have 201 units and have always had use of the on-street pazking.Filling this gap on East Orange Avenue provides a continuous 9-mile east-west Class II bikeway on Orange Avenue/East Orange Avenue/Olympic Pazkway, connecting the west side of the City to the Olympic Training Center on the east. On October 8, 2012, this project was approved for funding by CalTrans under FY2012-13 of the BTA Program (see Attachment 2). Before State funds will be made available, the City and the State are required to enter into an agreement to establish terms and conditions applicable to the Local Agency when receiving State funds for a designated project facility and to the subsequent operation and maintenance of that completed facility. The executed agreement must be returned to CalTrans by November 28, 2012. The Bast Orange Avenue Bike Lane project is included in the City's adopted 2011 Bikeway Master Plan. -The scope of work of this project consists of up to a 5-foot narrowing of up to 1700 LF of the existing 20-foot wide landscaped medians, pavement striping and legends, and restoration of landscape and imgation on the north side of East Orange Avenue between Melrose Avenue and Loma Lane. Total cost for this project is estimated to be $454,825. The BTA grant 17-2 11/20/12, Item ( ~ Page 3 of 3 amount is $404,794 (89%) with a local match of $50,031 (11%) that will come from our TransNet allocation. Anew CIP project must be created "Westbound East Orange Avenue Bike Gap Project" and the entire amount appropriated. The estimated total cost for the project is $454,825, of which the local match of $50,031 will come from TransNet. Staff will be reimbursed up to $404,794 in eligible project costs. Design would start in FY12/13 and construction in FY13/14. It is recommended that the City accept this grant, authorize the City Engineer to execute Local Agency -State Agreement (Attachment 3), amend the FY2012-13 CIP budget, create a new CIP project STM377 "Westbound East Orange Avenue Bike Gap Project", and appropriate funds in the amount of $50,031 from TransNet. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the properties that are the subject of this action. Staff is not independently awaze, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There is no impact to the General Fund from this action. The estimated total cost of $454,825 for the East Orange Avenue bike lane, will be met, in part, with $404,794 in Bicycle Transportation Account (BTA) Grant funds. The remaining required match of $50,031 will be met with funds from TransNet. ONGOING FISCAL IMPACT After installation of these improvements, there will be minimal expenditures for routine maintenance. It is anticipated that rehabilitation of the bike routes and lanes would be done in conjunction with the City's pavement rehabilitation program. On-going median landscaping irrigation and maintenance costs will be reduced, due to potential reduction of up to 0.3 acres of lawn in the median areas. Final quantities will be determined during the design phase. ATTACHMENTS 1. BTA Grant application ` 2. Letter from Caltrans dated October 8, 2012 3. Local Agency -State Agreement Prepared by: Roberto Soldrzana, Associate Engineer, Public Works/Engineering S:\ENGINEER\AGENDA\CAS2012\ll-20-12\HTA 2012-13 GRANT ACCEPTANCE All3REV3.DOC 17-3 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATION Exhibfl 21-B (REV. 02/2072) Applicant Agency: (City of Chula Vista ATTACHMENT 1 Responsible Ciry orCounry: CiryofChulaVista Appf'ipnl Agency Atltlress: 276 Fourth Avenue city: Chula Vista w"ry San Diego sate: CA zipeode: 91,910 Contact Person: Roberto Solotzano Title: Associate Engineer Phone: (619) 409-5420 E-mail: solo@chulavistaca.gov Assembly Senate CaiVans Member Distrito No. Member District No. District Marty BIocA/Ben Hueso 78/79 Juan Vargas _ 40 11 A. Local Match Is the requiretl resolution committing the applicant to the minimum 10Ya local match included with the application package? YII N e. California Environmental Quality Act (CEQA) Note: BTA projects must be in comptiance wRh the eppGcable provisions of the Cafilomia Environmental Quality Ad (CEQA) by the BTA application submittal date. The lead agency is responsible for preparing the required environmental documentation and submitting it with the application. 1. Is documentation of Caliibmia Environmental Quality Act (CEQA) comptiance (signed and dated) included with the application package? Y rxl N I-l _ _ C. Bicycle Transportat(on Pian (BTP) ^X What is the title of the BTP the applicant is using to establish eligibility for BTA funding? 301 I Bikeway Master Plan ^X Date BTP was adopted by applicant's governing hotly: 02/01/2011 ^X What is the name of the applicant's Regional Transportation Planning Agency (RTPA)? San Diego Association of Governments ^X Date BTP was approved, adopted, or certified by RTPA: 0311 4/2 0 1 1 ^X Please list the pages in the BTP that the proposed project is identifietl. Page 25 & Fold out map ^X Attach BTP page with project to BTA application. D. Prior BTA Funding - SHC 893.4. If available funds are insuffcienf to finance completely any project whose eligibildy is established..., the project shaft retain its priority for allocations in subsequent fiscal years. Was another part or segment of this projeU funded In a previous BTA cycle? ^ YES ^X NO If yes, what cycle? Does Responsible Local Agenq have BTA awards active? ^ YES Q NO iF yes. List BTA Award Numbers Project Title: Eazt Orange Avenue Class II Bikeway -Loma Lane to Melrose Avenue Project Type: Class I Bikeway ^ Class II Bikeway Q _ Class III Bikeway^ Other ^ ADA Notice For individuals with sensory disabilities, Nis document is available in alternate formats. For information call (976) 654-6470 or TDD (916) 654-3680 or write RecoNS and Forms Management 1720 N Street, M5~89, Sacramento, CA 95814. 17-4 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATION F~rhibit 21-B (REV. 02/2012) abandoned reNmatl dghr-ol-way from Apricot Shaer 7o Elm Sfee(. ike map with detailed Inlomraaon on routes In Saufh Bay region. Along the north side of East Orange Avenue between Loma Lane and Melrose Avenue. and construct a Class I Bikeway. end install Imnt-mount bicycle rocks on elf regional buses. Design and construct approximately 1700 LF of a Class II bikeway. Construct a Class !I bikeway on the north side of East Orange Avenue behveen Loma Lane and Melrose Avenue. Narrowing existing median to provide for a widening of the westbound vehicle lanes and preserve the etisting on-street parking. Removal of conflicting pavement striping and re-striping new lane configuration. Length 0 37 (Miles) EsOmatetl CosC 5454,825.00 Nora: Applicant agency must provide 10°; (minimum) o/the total project cost. Funding Source Preliminary Engineering Construction Engineering Right of Way Acquisition Construction Contract Total Amount Total Percent BTA 5 73,736 5 3D,096 5 5 300,962 S 404,794 89% Local 5 9,173 S 3,720 S S 37,198 5 50 031 11°h Other 5 5 S 5 , S Total 5 82,849 S 33,616 5 S 338,160 5 454,825 700% Map and Cross Section Attachments: QX Attach a map to scale with north arrow showing the prgjetl location lenoth i'mifs adiacen[ lantl uses act N centers and origins antl destinations served. ~X If this is an on-street bikeway project, indude ro -s lion showing the roadway gpgt to and aflg_r project implementation. n If this is an off-street bikeway project Indude across-section. __ _ Item Beginning Date Month/Year Ending Dafe MonlhNear Comments CEQA Clearance 07/02/3012 08/04/2012 Right of Way Acquisition n/a Preliminary Engineering 08/05/2012 10/09/2012 Final Design ]0/1?/2013 12/38/3012 Advertise Projed 0]/01/2013 03104/20li Awani Construction 03/04/2013 05/06/20 L3 Submit Final Invoice 07/02/2013 07/31/2014 ADA Notice For individuals with sensory disabilities, this document is available in allemate formats. For inrormation wll (916) 654-6410 or 7DD (976) 65G-3880 or write RewMs and forms Management 1120 N Street, MS-89, SacramenW, CA 95814. 17-5 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATION Ezhi6il21-B (REV. 0212012) Street and Highway Code Section 893 requires Celtrans l0 disburse money "...from the Bicvde Transportation AeeounL.. for protects that improve the Safq~ ar rnnvenience of biFycle commuters." Street and Highways Code Section 890.3 defines bicycle commuter as ".. a person making a trio by bicycle pdmadly for transportation purposes including- but The BTA Evaluation Committee evaluates applications as F~ccellent, Good, Fair, Poor, or Ineligible according to the following aiieda: How well has the applicant tlemonslrated that the oroiect• t. Weil be used prtmadly by bityde commuters? 2. Has the polenliai to Increase bicycle wmmuting? ~X 3. Is the best altemalive for the situation? OX 4. Improves bikeways anNOr amenities that support bityde commuting e.g., bicycle parking, lockers. showers, lighting, call boxes, maps, antl bicycle safety education programs. Q 5. Provides or improves bikeway continuity to aGivity centers such as public buildings, transit terminals, business districts, shopping centers, schools, etc. 6' fs consistent with the applicable BTP1 Other co nside rations ~s d'n evaluaC p 8TA project a0piicat'ons indutle' 7. Citizen and community involvement Q 8. Cost of project and cost-effectiveness ^X 9. Geographic tlisld6utfon ^K 10. Projects initialing a community bikeway nehvork OX 11. Land use, population density, and settlement paliems ~X 12. Local -Stale match rego X^ i3. Project readiness 0 14. Project type Class 11 & III (on-road) / Class I (off-road) /other Q 15. Prior funding and project implementation Q 16. UrbaNRural balance QX 17, Tmnsportaiion interface with ether modes of transportatipn ^K 18. Trip purpose work, school, shop, sodal/recreafional, other ~X 19. Is applicant willing to accept partial funding? Q 20, Does 9TA project coned to or become a part of a larger project or facility with a design not meeting HDM standards? [X 21. Is facility open 2417? if not what are [he hours os use? And why isn't the facility always available? 1. How will the proposed pmjed benefit bicytle commuters?: The bicycle commuter will be the biggest benefactor of this project. Filling this gap on East Orange Avenue provides a continuous 6-mile east-west Class II bikeway on East Orange Avenue/Olympic Parkway, connecting the west part of City to the Olympic Training Center on the east ADA Notice For individuals with sensory tlisabilities, this document Is avalabte in alternate lormats. For information call (916) 664bg10 or TDD (916) 6543860 or wdle Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. ~7_6 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATION Exhibit 21-8 (REV. 0212012) 2 How w81 the proposed project increase bicycle commuting? Removing this gap will provide a much needed east/west facility and evil] encourage more bicyclisu to commute to work, school and to link up with other transportation modes. There are major shopping centers along Olympic Pazkway (East Orange Ave e~lension) as well as three elementary schools and one high school. There are softball fields along the segment of the proposed project. There are also shopping centers and major employment centers on the west end of Orange Avenue. The proposed project would fill the missing gap between Melrose Avenue and Loma Lane, therefore, providing a continuous Class II corridor. 3. lNny is the proposed project the best alternative for the situation? The City evaluated several routes described on the City's Bikeway Master Plan and determined that this corridor provided the most cost effective route for commuter bicyclists. There is minimum asphalt concrete pavement required. The 7 8-foot wide elisting raised landscaped median, provides for the additional width for the proposed bike lane preserving the existing on-street parking. No additional right-of--way is required for this project. 4. Discuss cit@en and community involvement in the development of the yroposed project to the preparation of the City's Bikeway Master Plan, in which this bikeway is listed, a survey questionnaire was used to obtain public and community imrolvement. The questionnaire was distributed to San Diego County Bike Coalition members. Copies were placed at several area bicycle shops and City facilities such as libraries and community centers. This bikeway is listed on page 25 of the City of Chula V ista's ?017 Bicycle Master Plan. ADA Notice For indivitluals with sensory tlisabililies, this document is available in alternate formats. For informafion call (916) 654-6410 or TOD (916) 6543880 or write Records and Forms Management 1720 N S-rtreet, MS-H4, Savamento, CA 45874 ~7_/ STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATION Exhibit 21.8 (RtV. 0212012) 5. Provides wimpmves bikeway continuity b eciivrty centers such as public buildings. transit terminals, There are three elementary schools along the East Orange Avenue/Olympic Parkway (Loma Verde ES, Rohr ES, Valle Lindo ES), one high school (Otay Ranch HS), a recreation center (Loma Verde) and a City public library. There are also major shopping and employment centers at both ends of Otattge Avenue/Olympic Parkway. fi. Is wnsistent with the applicable BTP1 Yes. This bikeway is listed on page 25 of the Ciry of Chula Vista's 2011 Bicycle Master Plan. 7. Cil2en and community involvement ]n the preparation of tl7e City's Bikeway Master Plan, in which this proposed project is listed, a survey questionnaire vas used to obtain public and community involvement. The questionnaire was distributed to San Diego County Bike Coalition members. Coptes were placed at several area bicycle shops and Cily facilities such as libraries and community centers. Two public worksf7ops were conducted in the preparation of the Bicycle Master Plan to obtain public and community involvement. ADA Notice For individuals with sensory disabilities, this document S available in altemale formals. For information call (976) 654-6470 or TDD (976) 654-3680 or write Rerortls and Fortns Management, 7720 N Street. MS-69, Sacramento, CA 96814. ~7_8 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATION Exhibit 2'I•B (REV. n2/2072) e. Cost of Pmjecl antl cost-enactiveness The City evaluated several routes described on the City's Bikeway Master Plan and determined that this condor provided the most cost effective route for commuter bicyclists. There is minimum asphalt concrete pavement required. The 18-foot wide existing raised landscaped median, provides for the additional width for the proposed bike lane preserving the existing on-street parking. No additional right-of--way is required for this project. 9. Geographic tlistdbulion The newer City's developments have been occurred generally on the eastern part of the City. Most of the existing bikeway facilities on the east are Class II. The older part of the City (west of Interstate-805) does not have the Class II bikeway infrastructure the east has. Most of the bikeway facilities on [he west are Class III. The proposed East Orange Avenue bikeway, which is located west of Interstate 805, would provide a much needed Class II bikeway. 70. Project initiating a wmmunlty bikeway network Filling this gap on East Orange Avenue provides a continuous 8-mile Class (I corridor from the Olympic Training Center on the east to the west end of Orange Avenue connecting to a future Class If bikeway on Broadway. AOA Notice For individuals with sensory disabilities, this dowment is available In ellemate (onnats. For infarma6on call (976) 654-6gt0 or TDD (9tfi) 6643960 ar write Records and Fortns Management, 7t20 N Street MS-E9, Sac2mento, CA 95874. 7-.9 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATION Exhibit 27-B (REY. 02/2012) 1t. Lantl use, population density, and setFlemeM patlems There are three elementary schools along the EasYOrange Avenue/Olympic Pazkway (Loma Verde ES, Rohr ES, Valte Lindo ES), one high school (Otay Ranch HS), a recreation center (Loma Verde) and a City public library. There are also major shopping and employment centers at both ends of Orange Avenue/Olympic Par6-way. There are residential zones on both ends of this 8-mile condor. t 2. Local -State match rstio The City is providing approximately I 1°'0 local match. t3. Project readiness T11is proposed project does not require complicated/intensive design, and does not require additional right-of-way. ADA Notice For indviduals with sensory tlisabilities, Nis document is available in eltemate formats. For Inlortnation rail (916) 654-6410 or T00 (916) 654-3880 or write Records and Farms Managemen4 1120 N Street, MS-89, Sacramento, CA 95814. 17-1 ~ STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATION Exhibit 2l-B (REV. 02YL012) 74. Project type Class 11 & I II (on-road) / Class t (off-road) / oNer The proposed East Orange Avenue bikeway will provide a much needed Class II bikeway and will fill in the Class II gap. t6. Prior fundin8 and projacf implementation None t6. Urban / Rural balance The City of Chula Vista is a urban incorporated chartered municipality in the County of San Diego. East Orange Avenue is classified as a four-lane major urban collector. AOA Notice For individuals with sensory disabilities, this tlowment is available in alternate formats. Far information ralt (9tfi) 654-6410 or TDD (916) fi64-3660 ar write Records and Fortns MenaBemen417 S¢e 4 MS-69, Sac2menW, CA 96814. /-I STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATION 6chihlt 21-B (REV. 02120[2) t?. T2nsporation inlertace with other modes of transportation There is a bus route along East Orange Avenue connecting to the Melrose Avenue, Hithop Drive, Third Avenue and Broadway bus routes. The Third Avenue bus route connects to Beyer Way in the City of San Diego to the south. ta. Tdp purpose work, school, shop, sodal / reneagonal, other The bicycle commuter will be the biggest benefactor of this project. There are three elementary schools along the Eas[ Orange Avenue/ Olympic Parkway (Loma Verde ES, Rohr ES, Valle Lindo ES), one high school (Otay Ranch HS), a recreation center (Loma Verde Rec. Ctr.) and the City South Branch Public Library. There are also major shopping and employment centers at both ends of Orange Avenue/Olympic Parkway. There are residential zones on both ends of this 8-mile corridor. 19. Is applicant willing to accept partial funding? (If funds ere not availahle to fully funtl Ue project is applicant wilOng ro retluce scope or increase aNer funding?) No. ADA Notice For individuals with sensory disabilities, this document is avaaaGe in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Fonns Management. N20 N Street. MS-H9, Sacremento, CA 95814 ~7-12 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATION Ezhiblt 27-B (REV. 02/2072) 20. Does aTA project conneG to or become a part of a larger pmjed or fanTity wkh a design nol meeting HDM stantlartlsT No. Bikeways constructed in the City have been designed to meet [he Highway Design Manual 21. Is facility open 24lIT If not what are the hours of user And why isnt the facility always avartable7 Yes. East Orange Avenue is a public road open to the public 24/7. V. APPLICANTSIGNATURE =-- -= ~` ~- An aulhodzed representative of the applicant agency must sign the application. The under§ignec~ affirms that the statements contained In the applicatfon package are true and complete to the best of the applicant's knowledge. NAME a. PRINCIPAL CIVIL ENGINEER Distribution: Local agency sends orioinal and one coov to the DI.AE. DLAE forwards odoinal to BFU DLAE retains coov for district file. I'LDl'i ADA NDtICe For individuals with sensory disabilAies, this document is ava8able in altemafe tortnatr. For information ~a8 (976) 654.6410 rn TDD (916) 654-3880 or write Records and Forms Management 1120 N Street. MS-e9, Sacramento, CA 95814. 17-13 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATION Exhibit 21-B (REV. 02!2072) BTA NO. DLAE RANK DLAE SCORE DLgE RATING HO SCORE HO RATING VJFJGHTED SCORE WEIGHTED RATING REQUESTED BTA 5 BTAS (75T CRITERIA) BTA 5 (2ND CRITERIA) t0^/e RES BTA RES BTP RTPA (REGIONAL TRANSPORTATION CEOA (Calllomia PLANNING AGENCY) Environmental Oualily Act) CWA ELIGIBILITY APPLICATION STATUS ASSEMBLY NAME ASSEMBLY DISTRICT SENATE NAME SENATE DISTRICT AUTHORIZED REPRESENTATION T1T~ HO MISSING ADA Notice For indivitluals with sensory disabilities, this tlocumen[ is available in alternate lonnats. For inlortnation call (876) 654-6470 or TOD (976) 654-3869 or write Records and Forms Management, 712; t~StrepL~15-69, Sacramento, CA 95614. AT OF A iFORN1A-B INESS TRANSPORTATION AND HOUSING AGENCY EDMUND HROWNJ DEPARTMENT OF TRANSPORTATION DISTRICT 11 4050 TAYLOR STREET, M.S. 124 SAN DIEGO, CA 92110 PHONE (619) 278-3756 FAX (619) 220-5432 TTY 711 www.dotca,gov October 8, 2012 Mr. William S. Valle Assistant Director of Engineering/City Engineer City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Valle: s..-. Flex your power! Be energy e~cienl! ATTACHMENT 2 Congratulations! The following project has been approved for funding under Fiscal Year (FY) 2012-13 of the Bicycle Transportation Account (BTA) Program. Project Title: East Orange Avenue Class IIBikeway-Loma Lane to Melrose Avenue Project Description: Construct a Class II bikeway on the north side of East Orange Avenue between Loma Lane and Melrose Avenue -BTA Number: BTA 1213-11-SD-OI BTA ktimding: $404,794 The available BTA funding for FY 2012=13 is $11.9 million. 39 projects were selected for funding out of 111 applications. Three of six projects were selected from the San Diego County region including the City of Chula Vista project.. The complete list of selected projects can be viewed at: http:l/www.dot.ca. gov/hq/LocalPrograms/bta/btaAprovedProj ect.htm. The schedule for future call for projects for the BTA will be publicized statewide. and announced on the website at: http://www.dot. ca.gov/hq/LocalPrograms/bta/BTACa11ForProj ects.htm Recipients have six yeazs (through 2018) to complete projects. Funds must be allocated by June 3Q 2013. Final invoices are due to the District Local Assistance Engineer by April 1, 2018. Funds lapse on June 30, 2018. "Catd•mu improves mabili~a~ros~L~lifornio" Mr. Valle October 8, 2012 Page 2 AWARD RECIPIENT REOUIREIVIENTS BTA funding maybe subject to reallocation to another proj ect if conditions agreed to in the Local Agency-State Agreement are not met. These conditions include, but aze not limited to: • Not awarding the construction contract within the first fiscal year that funds are allocated. • Not submitting the first invoice within the first fiscal year of award and semi-annually thereafter. Please note that local agencies with a cooperative work agreement for any BTA project that is not yet completed are ineligible to compete for future BTA funds. If you should have any questions, please feel free to contact Luis Medina, District BTA Program Engineer, at (619) 278-3735 or at luis_z medina@dot.ca.gov. S/incerel~y, `-~-~r_5--~-~`~ ERWIN GOJUANGCO Chief, Local Programs c: Roberto Soloriano, Associate Engineer, City of Chula Vista Frank Rivera, Principal Civil Engineer, City of Chula Vista "Ca(trans improi~~ 7oTii~f,~ocross Caiifaraia" THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~ Glen R. Googins City Attorney Dated: t (`~ ( ~ BICYCLE TRANSPORTATION ACCOUNT PROJECT. AGREEMENT BETWEEN THE CITY OF CHULA VISTA, AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 17-17 LOCAL AGENCY -STATE AGREEMENT For BICYCLE TRANSPORTATION ACCOUNT PROJECT 11 City of Chula Vista Agreement No. BTA 12/13-11-SD-O1 District Local Agency THIS AGREEMENT, made in duplicate entered into effect as of this 1st day of July 2012, by and between the political entity identified above, a political subdivision of the State of California, hereinafter referred to as "LOCAL AGENCY", and the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and together referred to as "PARTIES" or individually as a "PARTY". WITNESSETH: WHEREAS, under the provisions of Streets and Highways Code Section 2106 (b) and Sections 890 through 894.2, as implemented by regulations in Title 21, Division 2, Chapter 10, of the California Code of Regulations, Bicycle Transportation Account funds (herein referred to as STATE FUNDS) have been allocated to LOCAL AGENCY for the Bicycle Transportation Account project defined in "EXHIBIT A" attached hereto and hereafter referred to as "PROJECT' ;and Whereas, before STATE FUNDS will be made available for PROJECT, LOCAL AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the LOCAL AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW THEREFORE, the PARTIES agree as follows: ARTICLE I -Project Administration 1. This AGREEMENT shall have no force or effect with respect to PROJECT unless and until it has been fully executed by both STATE and LOCAL AGENCY, 2. EXHIBIT A designates the party responsible for implementing PROJECT, type of work, and location of PROJECT. 3. LOCAL AGENCY agrees to execute and return AGREEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may void AGREEMENT if not returned within the ninety (90) day period unless otherwise agreed by STATE in writing. 4. LOCAL AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in EXHIBIT A, to comply with the terms and conditions of this AGREEMENT. 17-118 5. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of the executed AGREEMENT. 6. Projects allocated with STATE FUNDS from the Bicycle Transportation Account (BTA) will be administered in accordance with the current Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines (LAPG) published by STATE. 7. LOCAL AGENCY shall provide or arrange for adequate supervision and inspection of PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, LOCAL AGENCY shall provide afull-time employee to be in responsible chazge of PROJECT. 8. LOCAL AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 9. The cost of maintenance, security, or protection performed by LOCAL AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT. 10. LOCAL AGENCY shall design and construct PROJECT in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is permitted and the California Manual on Uniform Traffic Control Devices that describes the uniform standards and specifications for all official traffic control devices. 11. LOCAL AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA. 12. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. LOCAL AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM attached hereto as Exhibit B and further agrees that any agreement entered into by LOCAL AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit B (with third party's name replacing LOCAL AGENCY) as parts of such agreement. 13. LOCAL AGENCY shall include in all subcontracts awazded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirement that all workers employed on public works aspects of any project (as defined in California Labor Code § 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the LOCAL AGNECY. 17-219 ARTICLE II -Rights of Way 1. No contract for the construction of PROJECT shall be awazded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, LOCAL AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of awazd of the construction contract. 2. The furnishing of right of way by LOCAL AGENCY as provided for herein includes, and is limited to, the following: a) Expenditures to purchase all real property required for PROJECT free and cleaz of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair mazket value of any excess property retained and not disposed of by LOCAL AGENCY. b) The cost of furnishing of right of way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners or remainder real property not actually taken but injuriously affected by PROJECT. c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code Sections 7260-7277 when PROJF,CT displaces an individual, family, business, farm operation or nonprofit organization. d) The cost of demolition and/or the sale of all improvements on the right of way after credit are recorded for sale proceeds used to offset PROJECT costs. e) The cost of unavoidable utility relocation, protection, or removal. f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which LOCAL AGENCY accepts responsibility and where the actual generator cannot be identified and recovery made. 3. LOCAL AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for PROJECT, including, but not limited to, being cleaz as certified, or if said right of way is found to contain hazazdous materials requiring treatment or removal to remediate in accordance with federal and state laws. LOCAL AGENCY shall pay from its own non-matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to LOCAL AGENCY for the orderly prosecution of PROJECT work. 1720 4. If PROJECT is not on STATE-owned right of way, PROJECT shall be designed and constructed in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is permitted and the California Manual on Uniform Traffic Control Devices that describes the uniform standards and specifications for all official traffic control devices. 5. If PROJECT involves work within or partially within STATE-owned right of way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual, Highway Design Manual, and California Manual on Uniform Traffic Control Devices and where appropriate, an executed cooperative agreement between STATE and LOCAL AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. LOCAL AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE right of way or work which affects STATE facilities. ARTICLE III -Engineering 1. LOCAL AGENCY eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract awazd for construction, including, but not limited to, preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration. 2. LOCAL AGENCY eligible costs for construction engineering includes actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 3. Preliminary and construction engineering costs included in the estimate contained in Exhibit A are eligible project costs. STATE reimbursement to LOCAL AGENCY will be on the basis of the actual cost thereof to LOCAL AGENCY including compensation and expense of personnel working on PROJECT, required materials, and automotive. expense provided, however, LOCAL AGENCY shall contribute its general administrative and overhead expense. 4. LOCAL AGENCY employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. 5. LOCAL AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required eazlier for environmental clearance of that PROJECT. 17 `~L 1 6. LOCAL AGENCY shall certify compliance or documentation of Categorical Exemption determination with the applicable provisions of the California Environmental Quality Act (CEQA) as defined in Title 14, California Code of Regulations, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act. ARTICLE IV -Maintenance and Management 1. LOCAL AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, LOCAL AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon LOCAL AGENCY acceptance of the completed construction contract, or upon the contractor(s) being relieved of the responsibility for maintaining and protecting PROJECT, LOCAL AGENCY will be responsible for the maintenance, ownership, liability, and expense thereof for PROJECT in a manner satisfactory to the authorized representative of STATE, and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of LOCAL AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, LOCAL AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representative of the STATE. 3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians, as PROJECT reasonably requires. Said operations and maintenance staff may be employees of LOCAL AGENCY, another unit of government, or contractor under agreement with LOCAL AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the completed PROJECT improvements. ARTICLE V -Fiscal Provisions 1. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT. 2. STATE shall have the right to terminate this AGREEMENT if a contract for construction of PROJECT has not been awarded by LOCAL AGENCY within the first fiscal year in which STATE FUNDS are allocated. 3. STATE shall have the right to terminate this AGREEMENT if PROJECT costs have not been invoiced by LOCAL AGENCY within the first fiscal year in which STATE FUNDS are allocated, and as a minimum, to submit invoices at least once every six (6) months thereafter. 1722 4. LOCAL AGENCY may submit signed invoices in arrears for reimbursement of allowable PROJECT costs on a monthly or quarterly progress basis once the AGREEMENT has been executed by STATE. 5. LOCAL AGENCY agrees to submit a status report within thirty (30) days upon STATE'S request for the report. The PARTIES agree that STATE may void AGREEMENT if the status report is not returned within the thirty (30) day period unless otherwise agreed by STATE in writing. 6. LOCAL AGENCY agrees to complete PROJECT and submit a final invoice by April 1, 2018. STATE shall pay to LOCAL AGENCY the STATE FUNDS shaze of the actual cost of the PROJECT prior to June 30, 2018, the expiration date of STATE FUNDS included in this PROJECT. 7. Invoices shall be submitted on LOCAL AGENCY letterhead that includes the address of LOCAL AGENCY and shall be formatted in accordance with the current Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines (LAPG) published by STATE. 8. Invoices must have at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by LOCAL AGENCY. All cosh charged to this AGREEMENT by LOCAL AGENCY shall be costs allowable under the California Bicycle Transportation Act. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of canceled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 9. Payments to LOCAL AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by LOCAL AGENCY. 10. State will withhold ten (10) percent of the total of all STATE FUNDS for each progress invoice until LOCAL AGENCY submits the final invoice. 11. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, the required matching funds, and the ratio of STATE FUNDS to LOCAL AGENCY funds may not be adjusted to cover PROJECT cost increases. LOCAL AGENCY agrees that any increases in PROJECT cost must be defrayed with LOCAL AGENCY'S own funds. 12. LOCAL AGENCY shall use its own non-STATE FUNDS to finance the local shaze of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make a final determination of LOCAL AGENCY cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs. 17-~P 3 13. STATE FUNDS encumbered for PROJECT aze available for liquidation only for three (3) years from the beginning of the State Fiscal Yeaz in which the funds were appropriated in the State Budget. STATE FUNDS not liquidated within this period will be reverted unless a Cooperative Work Agreement (CWA) is submitted by LOCAL AGENCY and approved by the California Department of Finance in accordance with Government Code Section 16304. 14. The estimated costs of PROJECT are shown in EXHIBIT A. LOCAL AGENCY may, at its option, award contracts for amounts in excess of said estimates, and final project expenditures may exceed said estimates if sufficient local funds are available to finance the excess. It is understood that the allocation of STATE FUNDS shall not exceed that shown in EXHIBIT A. 15. 1n the event LOCAL AGENCY'S final costs of PROJECT are less than said estimate by reason of low bid or otherwise, the allocation of STATE FUNDS will be decreased in relationship to the percent funded by STATE as shown in EXHIBIT A. 16. Exhibit C defined as the "Certification of State Funding" template, shall be made apart of, and completed by STATE, prior to execution of this agreement. 17. Upon written demand by STATE, any overpayment to LOCAL AGENCY of amounts invoiced to STATE shall be returned to STATE. ARTICLE VI -Audits, Third Party Contracting, Records Retention and Reports 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and LOCAL AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article VI. 2. LOCAL 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 LOCAL AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles; enable the determination of incurred costs at interim points of completion; and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance and costs of LOCAL AGENCY'S contracts with third parties pursuant to Government Code Section 8546.7, LOCAL AGENCY, LOCAL AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited 1724 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 (3) yeazs from the date of final payment to LOCAL AGENCY. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that aze pertinent to a PROJECT for audits, examinations, excerpts, and transactions and LOCAL AGENCY shall furnish copies thereof if requested. 4. Any subcontract entered into by LOCAL AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article V, FISCAL PROVISIONS, and this ARTICLE VI, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and 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. 5. To be eligible for local match credit, LOCAL AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE V in the same manner that is required of all other PROJECT expenditures. 6. In addition to the above, the pre-award requirements of third-party contractor/consultants with LOCAL AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES. ARTICLE VII -Miscellaneous Provisions 1. LOCAL AGENCY agrees to use all PROJECT funds reimbursed hereunder only for Bicycle Transportation Account purposes that are in conformance with Streets and Highways Code Sections 890 through 894.2 and other applicable California laws. 2. LOCAL AGENCY shall conform to all applicable state and federal statutes and Local Assistance Program Guidelines (LPGL) and Local Assistance Procedures Manual (LAPM) as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT. 3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 4. Minor changes may be made in the PROJECT as described in Exhibit A upon notice to STATE. No major change, however, may be made to said PROJECT except pursuant to an amendment to this agreement duly executed by STATE and LOCAL AGENCY. 17-~5 5. LOCAL AGENCY and the officers and employees of LOCAL AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees, or agents of STATE. 6. LOCAL AGENCY certifies that neither LOCAL AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and LOCAL AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 7. LOCAL AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by LOCAL AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE'S discretion, to deduct from the price of PROJECT, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code, section 10296, LOCAL AGENCY hereby certifies under penalty of perjury that no more than one final unacceptable finding of contempt of court by a federal court has been issued against LOCAL AGENCY within the immediate preceding two (2) year period because of LOCAL AGENCY'S failure to comply with an order of a federal court that orders LOCAL AGENCY to comply with an order of the National Labor Relations Board. 9. LOCAL AGENCY shall disclose any financial, business or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT. LOCAL AGENCY shall also list current contractors who may have a financial interest in the outcome of PROJECT undertaken pursuant to this AGREEMENT. 10. LOCAL AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT initiated under this AGREEMENT. 11. LOCAL AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion; to terminate this AGREEMENT without liability; to pay only for PROJECT work actually performed; or to deduct from PROJECT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE'S Contract Officer, who may consider any written or verbal evidence submitted by LOCAL AGENCY. The 179E 6 decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 13. Neither the pending of a dispute nor its consideration by Contract Officer will excuse the LOCAL AGENCY from full and timely performance in accordance with the terms of this AGREEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under, or in connection with any work, authority or jurisdiction of LOCAL AGENCY arising under this AGREEMENT. It is understood and agreed that LOCAL AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under this AGREEMENT. 15. Neither LOCAL AGENCY nor any officer or employee thereof is responsib]e for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under, or in connection with any work, authority or jurisdiction of STATE azising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the LOCAL AGENCY and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 16. In the event of (a) LOCAL AGENCY failing to timely proceed with effective PROJECT work in accordance with this AGREEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT, STATE reserves the right to terminate funding for PROJECT upon thirty (30) days written notice to LOCAL AGENCY. 17. No termination notice shall become effective if within thirty (30) days after receipt of a Notice of Termination, LOCAL AGENCY either cures the default involved, or if the default is not reasonably susceptible of cure within said thirty (30) day period the LOCAL AGENCY proceeds thereafter to complete that cure in a manner and timeline acceptable to STATE. 18. Any such termination shall be accomplished by delivery to LOCAL AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt; specifying the reason for the termination; the extent to which funding of work under this AGREEMENT is terminated, and the date upon which such termination becomes effective if beyond thirty (30) days after receipt. During the period before the effective termination date, LOCAL AGENCY and STATE shall meet to attempt to resolve any dispute. If STATE terminates funding for PROJECT with 1717 LOCAL AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay LOCAL AGENCY the sum due LOCAL AGENCY under this AGREEMENT prior to termination, provided; however, LOCAL AGENCY is not in default of the terms and conditions of this AGREEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due LOCAL AGENCY. 19. The "PROJECT" shall be constructed as provided in this AGREEMENT and in accordance with those laws applicable to LOCAL AGENCY. In the case of inconsistency or conflicts, the terms of this agreement shall prevail. 20. Without the written consent of STATE, this AGREEMENT is not assignable by LOCAL AGENCY either in whole or in part. 21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation By DEBORAH LYNCH, BTA Coordinator Bicycle Facilities Unit Division of Local Assistance Date: LOCAL AGENCY City of Chula Vista By Name: Title: Date: 17128 EXHIBIT A PROJECT DESCRIPTION AND COSTS Local Agency: Ci of Chula Vista Agreement No. BTA 1213-11-SD-O1 Project Location: North side of East Oran e Avenue between Loma Lane and Melrose Avenue Type of Work: Desi and construct 1700 LF of a Class II bikewa Len the 0.32 miles Funding Source Preliminary . En ineerin .Construction En ineerin Rightof Way Ac uisition Construction Contract Total Cost Percent _ BTA $73,736 $30,096 $0 $300,962 $404,794 89% Local $9,113 $3,720 $0 $37,198 $50,031 11% Other $0 $0 $0 $0 Total $82,849 $33,816 $0 $338,160 $454,825 100% 1719 EXHIBIT B FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM 1. In the performance of this AGREEMENT, LOCAL AGENCY will not discriminate against any employee for employment because of race, sex, sexual orientation, religion, age, ancestry, national origin, pregnancy leave, or disability leave. LOCAL AGENCY will take affirmative action to ensure that employees are treated during-employment, without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical or disability leave. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. LOCAL AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided STATE setting forth the provisions of this Fair Employment section. 2. LOCAL AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 1290-0 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs. Title 2, §7285.0, et seq.) The applicable regulations of the Fair Employment and Housing Commission Implementing Government Code, section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the LOCAL AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. LOCAL AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. The Contractor will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for purposes of investigation to ascertain compliance with the Fair Employment section of this AGREEMENT. Remedies for Willful Violations: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which LOCAL AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that LOCAL AGENCY has violated the Fair Employment Practices Act and has issued an order under Labor Code, section 1710 1426 which has become final or has obtained an injunction under Labor Code, section 1429. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this AGREEMENT either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services hereunder shall be borne and paid for by LOCAL AGENCY and by the surety under the performance bond, if any, STATE may deduct from any moneys due or thereafter may become due to LOCAL AGENCY, the difference between the price named in the AGREEMENT and the actual cost thereof to STATE to cure LOCAL AGENCY'S breach of this AGREEMENT. 17L431 EXHIBIT C CERTIFICATION OF STATE FUNDING Lhereby certify upon my own knowledge that budgeted funds aze available for this encumbrance. Accountin Officer Date Fundin Chapter Statues Item Fiscal Yeaz Program BC Category Fund Source BTA Funds T 17132 RESOLUTION NO.2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BICYCLE TRANSPORTATION ACCOUNT (BTA) GRANT FUNDS IN THE AMOUNT OF $404,794 FOR THE COMPLETION OF A CLASS II BIKEWAY GAP ALONG WESTBOUND EAST ORANGE AVENUE BETWEEN MELROSE AVENUE AND LOMA LANE, AUTHORIZING THE CITY ENGINEER TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA, AMENDING THE CIP FY2012- 13 BUDGET, CREATING A NEW CIP PROJECT STM377 "WESTBOUND EAST ORANGE AVENUE BIKE GAP PROJECT" AND APPROPRIATING $404,794 TO THE OTHER TRANSPORTATION FUND AND $50,031 TO THE TRANSPORTATION SALES TAX FUND (TRANSNET) WHEREAS, on April 24, 2012, by Resolution 2012-065, City Council approved the submittal of fiscal year 2012/2013 Bicycle Transportation Account (BTA) Program grant application for construction of a bike lane along East Orange Avenue between Melrose Avenue and Loma Lane; and WHEREAS, the BTA grant would provide funding of $404,794 out of a project total of $454,825 for the construction of a westbound bike lane along East Orange Avenue between Loma Lane and Melrose Avenue; and WHEREAS, completion of this bicycle lane project would close a bike facility gap along East Orange Avenue and retain needed on-street parking; and WHEREAS, the City would appropriate project funds in the amount of $454,825 to a new CIP project STM377 "Westbound East Orange Avenue Bike Gap Project"; and WHEREAS, the City stated that it would provide $50,031 in matching funds from TransNet; and WHEREAS, staff received a letter from Caltrans dated October 8, 2012, stating that the City has been awarded a grant of $404,794 for said project; and WHEREAS, before State funds will be made available, the City and the State are required to enter into an agreement to establish terms and conditions applicable to the Local Agency when receiving State funds for a designated project facility and to the subsequent operation and maintenance of that completed facility; and 17-33 Resolution No. Page 2 WHERES, the Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 4 (h) Categorical Exemption pursuant to Section 15304, Minor Alterations to Land, of the State CEQA Guidelines because the activity consists of the creation of bike lanes on existing rights-of--way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept Bicycle Transportation Account (BTA) grant funds in the amount of $404,794 for the completion of a Class II bikeway gap along westbound East Orange Avenue between Melrose Avenue and Loma Lane, authorizing the City Engineer to execute the agreement between the City of Chula Vista and the State of California, amending the CIP FY2012-13 budget, creating a new CIP project STM377 "Westbound East Orange Avenue Bike Gap Project" and appropriating $404,794 to the Other Transportation Fund and $50,031 to the Transportation Sales Tax Fund (TransNet). Presented by Richard A. Hopkins Director of Public Works Approved as to form 17-34