HomeMy WebLinkAbout2008/11/25 Item 3
CITY COUNCIL
AGENDA STATEMENT
::::,~.f:.. Clll OF
. CHULA VISTA
11/25/08, Item~
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE LOCAL AGENCY - STATE
AGREEMENT FOR BICYCLE TRANSPORTATION ACCOUNT
PROJECT (LOCAL AGENCY - STATE AGREEMENT) TO
PROVIDE BICYCLE AMENITIES FOR COMMUTERS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING AND APPROPRIATING BICYCLE
TRANSPORTATION ACCOUNT (BTA) FUNDS FOR FISCAL
YEAR 2008/2009 IN THE AMOUNT OF $135,63 0, AUTHORIZING
THE TRANSFER OF FUNDS IN THE AMOUNT OF $15,070
($11,000 FROM THE TRAFFIC SIGNAL FEE FUND, $2,750
FROM THE TRANSPORTATION DEVELOPMENT ACT (TDA)
FUND, AND $1,320 FROM TRANSNET FUNDS) TO CIP
PROJECT TF369, THREE PART BICYCLE FACILITIES
IMPROVEMENT; AND AMEZi. THE FISCAL YEAR
2008/2009 CIP PROGRA1\1 .
\
DIRECTOR OF ENGINEERING
INTERIM CITY MANAGER ~
4/5THS VOTE: YES ~ NO 0
ITEM TITLE:
REVIEWED BY:
SUMMARY
The City has received a $135,630 Bicycle Transportation Account (BTA) grant from the
California Department of Transportation (Caltrans) for Fiscal Year 2008/2009. The BTA grant
provides for Citywide bicycle amenities such as replacement of bus-mounted bike racks,
roadway signage for bicycle facilities and traffic signal video detection units in order to
encourage alternative modes of transportation. Sufficient funds are available to meet the grant's
local match reimbursement of 10% ($15,070).
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 1 categorical exemption pursuant to Section 153301 (c) (Existing Facilities) of the
State CEQA Guidelines because the improvements will be installed on streets and bicycle trail
facilities. Thus, no further environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
3-1
11/25/08, Item ~
Page 2 of 3
BOARDS/COMMlSSION RECOMMENDATION
Not applicable.
DISCUSSION
Staff submitted an application for "Bicycle Amenities for Commuters" for the California
Department of Transportation (Caltrans) competitive Bicycle Transportation Account (BTA)
grant program for Fiscal Year 2008/2009 in December 2007. Council approved the City's grant
application on December 4,2007 by Resolution 2007-271 (Attachment 1). This grant provides
funds for a three-part bicycle facilities improvement grant that would provide for 40 bus-
mounted bike racks, additional signage at 64 locations along city bike lanes and bike routes, and
upgrading the existing traffic signal detection system at six signalized intersections from
inductive pavement loops to a video system already used in other locations citywide. Video
detection has the advantage of being able to sense both bicycles and vehicles, where loop
detection systems do not register bicycles.
Specific locations for the bicycle lane/route signage and the video location equipment are shown
in Attachment 1. In general, new signage will be installed along portions of Main Street,
Industrial Blvd., Bay Blvd., Orange Avenue, Telegraph Canyon Road, East H Street and Gotham
Street. Video detection equipment will be installed at the following intersections:
. Bay Blvd.! E Street! 1-5 SB off ramp
. Bay Blvd.! H Street
. Bonita Road! Otay Lakes Road
. Bonita Road! Willow Street
. Heritage Road! Paseo Ranchero/ Telegraph Canyon Road
. La Media Road! Otay Lakes Road! Telegraph Canyon Road
The City estimated the cost for these three components at $150,700. The costs were divided up
as follows:
BT A 2008-09 100;', Local Total Project
Grant Allocation Match Allocation
Signage for Bike Lanes & Routes
Video Detection Equipment
Bus Mounted Bike Racks
TOTAL
$11 ,880
99,000
24,750
$135,630
$ 1,320
11 ,000
2,750
$15,070
$ 13,200
11 0,000
27,500
$150,700
Staff recently received a letter dated October 16, 2008 from the Caltrans Local Assistance
Program stating that the City of Chula Vista has been awarded a grant of $135,630 for the
Bicycle Amenities for Commuters project (Attachment 2). A ten percent local match of $15,070
is required. As shown on the approved projects list, the City has received one of only 19 grants
awarded in Fiscal Year 2008/2009, and is the only City in San Diego County to have received a
grant. Staff has set up the new Capital Improvement Program (CIP) project TF369, Three Part
Bicycle Facilities Improvement.
3-2
11/25/08, Iteml
Page 3 of 3
Staff subsequently received a second letter from Caltrans dated October 20, 2008, enclosing the
Local Agency - State Agreement for Bicycle Transportation Account Project (Attachment 3).
This agreement must be executed by the City and returned to Caltrans within 90 days of receipt.
Provisions include right of way acquisition, engineering, facility maintenance, funding and
reporting. These provisions include the stipulation that the City complete the proj ect and submit
the final invoice by April 1, 2011. Staff feels that there will be no problem in complying with
the provisions of this agreement.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found conflicts exist, in that
Councilmembers McCann and Ramirez have property holdings within 500 feet of the boundaries
of the properties which are the subject of this action. (please refer to tables in Attachment 2,
which indicate that Councilmembers McCann and Ramirez each have a conflict on locations for
the installation of signage and Councilmember McCann has a conflict on one location for
installing video detection equipment).
FISCAL IMPACT
There is no impact to the General Fund from this action. The estimated total proj ect cost of
$150,700 will be met, in part, with $135,630 in Bicycle Transportation Account (BTA) Grant
funds. The remaining required 10% match will be met with funds totaling $15,070 from three
available sources: the Traffic Signal Fee Fund ($11,000), Transportation Development Act
(TDA) funds ($2,750), and Transnet funds ($1,320). The Transnet funds will be transferred from
TF332, Signing and Striping Program. There are sufficient funds available from all these
sources. This action will appropriate the grant and matching funds into CIP project TF369 for
Fiscal Year 2008/2009.
ATTACHMENTS
I - Resolution 2007-271 and agenda statement for December 4, 2007
2 - Caltrans award letter and approved projects list
3 - Local Agency - State Agreement and transmittal letter dated October 20, 2008
Prepared by: Elizabeth Chopp, Senior Civil Engineer. Engineering Dept.
1: IEngineerIA GENDA ICAS2008\//-/8-08\BTA grant acceptance. doc
3-3
ATTACHMENT 1
RESOLUTION NO. 2007-271
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORlZING SUBMITTAL OF AN
FISCAL YEAR 2008/2009 BICYCLE TRANSPORTATION
ACCOUNT (BTA) GRANT APPLICATION; AND
CERTIFYING THAT MATCHING FUNDS ARE OR WILL BE
AVAILABLE THEREFOR
WHEREAS, the City Council adopted a comprehensive update of the City of Chula Vista
Bikeway Master Plan in January 2005; and
WHEREAS, the Bikeway Master Plan update determines both local and long-distance
travel needs and identifies proposed bikeway facilities improvements in various locations
throughout the City; and
WHEREAS, currently proposed improvements to bikeway facilities include new or
upgraded bus-mounted bike racks on all City buses, additional signage along City bike lanes and
bike routes, and the upgrading of existing traffic signal detection systems to accommodate new
bicycle technology; and
WHEREAS, the proposed improvements are aligned with San Diego Association of
Governments (SANDAG) regional bikeway plans; and
WHEREAS, the cost for the proposed bikeway facilities projects IS estimated at
$150,700; and
WHEREAS, if awarded, the Bicycle Transportation Account (BTA) grant funds
administered by Caltrans, will fund $ 135,630 of the total cost; and
WHEREAS, the balance of the cost, a required 10% match of $ I 5,070, can be funded
from three sources: Traffic Signal Fee Fund, Transportation Development Act (TDA) funds, and
TransNet Funds in the amounts of$II,OOO, $2750, and $1,320, respectively; and
WHEREAS, City staff recommends that the City apply for a BT A grant to fund the
proposed three-part bicycle facilities project as detailed in the City of Chula Vista 2005 Bikeway
Master Plan; and
WHEREAS, grant requirements include Council certification that matching funds are
available and committed for the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby
3~4
Resolution No. 2007-271
Page 2
1. Authorize submittal of a Fiscal Year 2008/2009 Bicycle Transportation Account (BTA)
grant application to the California Department of Transportation (Caltrans); and
2. Certify that the City has or will have available, prior to commencement of any work on
the projects, the required match.
Approved as to form by
Services Director
(A~.
Ann Moore
City Attorney
/../
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 4th day of December 2007 by the following vote:
AYES:
Councilmembers:
Castaneda, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ABSTAIN:
Councilmembers:
McCann, Ramirez
Cheryl co~:k9 Gr
ATTEST:
~~.L~
Susan Bigelow, MMC, City CI
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2007-271 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 4th day of December 2007.
Executed this 4th day of December 2007.
-:::- "'?/J..L/., ~ YJ j~
Susan Bigelow, MMC, City Cle>> .
3 5 -- ,-_.
CITY COUNCIL
AGENDA STATEMENT
12/04/07, ItemL
ITEM TITLE:
RESOLUTION AUTHORIZING SUBMITTAL OF A FISCAL YEAR -
2008/2009 BICYCLE TRANSPORTATION ACCOUNT GRANT
APPLlCATION AND CERTIFYING THAT MATCHING FUNDS ARE
OR WILL BE A V AlLABLE THEREFOR
SUBMITTED BY:
DIRECTOR OF ENGINEERING Al'ID GENERAL SERVICES
DIRECTOR OF PUBLIC WORKS r
CITY MANAGER A:~
ASSISTANT CI~~GER ~
4/5THS VOTE: YES 0 NO ~
~Yy
REVIEWED BY:
BACKGROUND
The City of Chula Vista's Engineering & General ServiCes Department and the Public Works
Department would like to submit a $135,630 Bicycle Transportation Account (BTA) grant
application to Caltrans for the FY2008-09 fiscal year in order to provide for citywide bicycle
amenities such as replacement bus-mounted bike racks, roadway signage for bicycle facilities and
for traffic signal video detection units in order to encourage alternative modes of transportation.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 1 categorical exemption pursuant to Section 153301 ec) (Existing Facilities) of the
State CEQA Guidelines because the improvements will be installed on streets and bicycle trials
that are existing facilities. Thus, no further environmental review is necessary.
RECOMMENDATION
That Council adopt the resolution:
. Authorizing the submittal ofa FY2008-09 BTA grant application; and
. Committing matching funds therefor.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
4-1
3-6
12104/07, ItemL
Page 2 of 5
DISCUSSION
The California Department of Transportation (Caltrans) has announced available grant funding
for FY2008-09 projects through its competitive Bicycle Transportation Account (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 recently updated
Bicycle Transportation Plans, less than five-years old. The City of Chula Vista's Bikeway
Master Plan was adopted by Council in January 2005 and thus complies with the grant
requirements. A total of $7.2 million is available statewide with a maximum award for a single
project not to exceed $1.8 million. The grant application deadline is December 3, 2007.
Notification of grant award is expected within the July to October 2008 timeframe. Projects
must then be completed within two fiscal years after the award date. The Engineering & General
Services Department and the Public Works Operations Department would like to submit a grant
application in the amount of $135,630 for a three-component citywide bicycle facilities project.
If the grant is awarded, the proposed projects would be added into the City's Capital
Improvement Program as early as FY200S/09 or as late as FY2010/11.
The City of Chula Vista's grant application is for a three-part bicycle facilities improvement
grant that would provide for bus-mounted bike racks, additional signage along city bike lanes
and bike routes, and upgrading the existing traffic signal detection system from inductive
pavement loops to a video system already used in other locations citywide. Video detection has
the advantage of being able to sense both bicycles and vehicles, where loop detection systems do
not register bicycles.
The project will encourage alternative modes of transportation to activity centers citywide (See
Attachment I) and make the trip as convenient as possible for bicyclists throughout the City.
With that in mind, a bicycle trip origin starts at the residence and the bicyclist would use the bike
routes, bike lanes or bike paths as identified in the City's Bikeway Master Plan (See Attachment
2).
Bike lanes typically go through signalized intersections. Unfortunately, new bicycle technology
is making detection of the bicycle more difficult at intersections that are still equipped with the
inductive loop system. This is because bicycles and their components are now being made with
lighter-weight metallic materials such as aluminum and steel and other non-metallic materials
such as carbon fiber. By retrofitting video detection systems into the traffic signal mast arms,
one video camera will replace all of the inductive loops on one approach located near the limit
line of the intersection thereby providing an overall upgrade to the intersection. Tberefore, if a
bicyclist is in the curb lane or a through lane or even a left-turn lane, the video camera will
recognize that there is a "vehicle" that needs a green signal indication and the delay to the
bicyclists is minimized.
The bicyclist may then continue to a bus stop to board a bus equipped with bike racks to allow
longer trips to be made by Chula Vista Transit buses. As the final destination approaches, the
bicyclist would off-load from the bus and ride the remaining part of the trip, again using the
City's bike lanes and bike routes.
4-2
3-7
12/04/07, ItemL
Page 3 of 5
Part I - Additional Bike Lane and Bike Route signage at various locations citywide.
The first part of the project would provide signage at the locations listed below to work towards
completing the citywide bicycle facilities and would, in fact, fulfill the needs of all but one of the
Class 3 facilities included in the Bicycle Master Plan. In some instances, a bike route will be
provided as an interim measure until a roadway is sufficiently widened to provide a bike lane.
A bike route is considered a Class 3 bicycle facility where bicyclists share the roadway travel
lane with motorists (See Attachment #3). Bike routes will only have directional signage.
Bike lanes are considered Class 2 facilities and are delineated lanes provided solely for the use
of bicyclists along the edge of the roadway. Where the roadway is sufficiently Wide, it could
also be adjacent to a parking lane.
A bike path is a Class I facility; typically a bicycle pathway or trail that is completely separated
from vehicular traffic. One local example is the Bayshore Bikeway bike path north of E Street
and Bay Blvd.
The locations for additional signage are listed in the following table and are also described in the
Bikeway Master Plan facilities list as shown in Attachment 4:
BIKE LANE AND BIKE ROUTE SIGNAGE
FACILITY CLASS LOCATION LIMITS SIGNS MILES COST
#
*4 3 Main Street Industrial Blvd. to 1- 22 2.73 $3,780
805
5 3 Industrial Blvd L Street to Main 12 1.49 $2,063
Street
8 2 Bay Blvd F Street to J Street 8 1.00 $1,374
**9 3 Orange Avenue Palomar Street to 12 1.56 $2,063
Hilltop Drive
15 3 Telegraph Near I-80S 2 0.25 $ 344
Canyon Road
16 3 East H Street Hilltop Drive to 4 0.97. $ 688
Hidden Vista Drive
17 3 Gotham Street Rutgers Avenue to 1- 0.65 $ 688
Otay Lakes Road
Subtotal 64 8.65 $11,000
Soft Costs 20% Contingency $2,200
TOTAL COST $13,200
FUNDING TransNet Funds $ 1,320
SOURCES BT A Grant $11,880
.Con.t1ict of interest - Councilmember McCann
."'Conflict of interest - Coum:ilmcmber Ramirez
The costs above have been adjusted by the Construction Cost Index for inflation since Year 2005
when they were originally calculated for the Bikeway Master Plan.
4-3
3-8
12/04/07, ItemL
Page 4 of 5
Part II - Traffic si gIlal video detection at various locations citywide.
The second project component would provide new video detection cameras to replace the
inductive loop system currently used at each of the signalized intersections listed below. All
have bike lanes or bike paths adj acent to them.
Two locations are adjacent to Interstate 5 on E and H Streets at Bay Boulevard, and are operated
by Caltrans. Caltrans has approved the project, provided the new equipment meets their
specifications and the City processes an encroachment permit for the work.
VIDEO DETECTION EOillPMENT
# INTERSECTION DIRECTION COST COMMENT
1 Bay Blvd/E Street/I-5 SB off- NB & SB $25,000 Includes Caltrans permit
ramp costs. Bayshore
Bikewav.
2 Bay Blvd/H Street NB & SB $25,000 Includes Caltrans permit
costs. Bayshore
Bikewav.
*3 Bonita Road/Otav Lakes Road EB $10,000
4 Bonita Road/Willow Street EB&WB $10,000
5 Heritage Road/Paseo NB & SB $20,000
Ranchero/Telegraph Canyon
Road
6 La Media Road/Otay Lakes NB & SB $20,000
Road/Telegraph Canyon Road
TOTAL COST $110,000
Traffic Signal $11,000
FUNDING SOURCES Fee Fund
BTA Grant $99,000
.Contllct of Interest -CouncJlmember McCann
The costs include soft costs such as design and Caltrans permit costs plus hard costs for
purchasing and installation of equipment.
Part IIl- Bus-mounted bike racks for Chula Vista Transit citywide.
The third project component would provide new, or replace existing bus-mounted bike racks on
all Chula Vista Transit buses. Bike rack specifications have changed over the years and the
region is now using a bike rack that is more durable and if repairs are needed, spare parts are
available. The current bike rack system does not have interchangeable parts and when damaged
must be entire! y replaced. The proposed bike rack utilizes the similar mounting hardware as the
existing bike racks so installation can be oodertaken quickly. The grant proposal is for 40 racks
plus installation totaling $27,500. The bike racks will be installed by Chula Vista Transit staff
(see Attachment 4).
4-4
3-9
12/04/07, ItemA-
Page 5 of5
Item Each Unit Cost Quantitv Total
Bike Rack Each $505.00 40 $20,200.00
7.75% Sales Tax Each $ 39.14 40 1,565.60
Subtotal Each $544.14 21,765.60
Installation Each $ 80.00 40 3,200.00
Subtotal $624.14 24,965.60
] 0% Contingency Each $ 62.4] 40 2,496.56
TOTAL COST $27,462.]6
SAY $27,500
FUNDING SOURCES TDA Funds $2.750
BTA Grant $24,750
BUS-MOUNTED RACKS
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found conflicts exist, in that
Counci]members McCann and Ramirez have property holdings within 500 feet of the boundaries
of the properties which are the subj ect of this action (please refer to tables shown on pages 3 and
4 -- "Bike Lane and Bike Route Signage" and "Video Detection Equipment").
FISCAL IMPACT
There is no impact to the General Fund from this action. The estimated total proj ect cost of
$150,700 will be met, in part, with $135,630 in Bicycle Transportation Account (BTA) Grant
funds, if awarded. The remaining required 10% match will be met with funds totaling $15,070
from three available sources: the Traffic Signal Fee Fund ($11,000), Transportation
Development Act (TDA) funds ($2,750), and TransNet funds ($],320). lfthe grant is awarded,
staff will return to Council with a recommendation to accept the funds, create a new Capital
Improvement Program (CIP) project, and appropriate the grant funds into the CIP as early as
FY2008/09 or as late as FY201 0/] L
ATTACHMENTS
] - Activity Centers and Trip Destinations Plat
2 - Chula Vista Bikeway Master Plan Update - 2005 (Pocket Map excerpt)
3 - Bikeway Facility Types
4 - Bike Rack Installation Quote dated 10/24/07
Prepared by: Francisco X Rivera, Principal Civil Engineer, Engineering & General Services Dept.
11/21/20071:46 PM
M: \EngineerIA GENDA lCAS2007\12-04-07\B T A grant submittal final. doc
4-5
3-10
ActMty Centers and Trip Destinations
..\... .
~-,.- .
'. '; J"l/
,~,~ " ;,
. ; << f;r,.l-
! ..,~<;;,!} .. -',:,
-~~ I~~-'-'/
.r ---L~'~'{/\.
~~ ~~~_~i~
,".;".-
.~
r
J \..
, .
'\
.\~N~cn'.aiOf
...
I
'"
r
~:::rt~:.
· '-. \ '", ,-,-,~" ~: :,e,~-,~~",.,'>;;;\"""-,',,,,
'5\.~ I ,c." !:;;;o,''''_~___
- ~ ...:1 I, ~ _;~. '~'-'~-:"'_;If >. ~ ~'_'
~..r- -"~--'--'-~""'';''''''~;'' -' \ - 4:.,..
-~ID--;:"- " 'C~~ "t~J~~:i~::::~,\ ,.#J/"\
~- , ,. -~. r ~--"..., ,<9 ""\ ",' '-a
, .. -;; "'.J.~ ' ..
\ i --/.--A ~f ,- =". ~~'$ ':.~?'7 , q('"
J~)'-J'\-~ ; ''i ' --;.'* ~.: ~ '!!:- ~'l'iZ'.~ #:'
- '" t '" - ~ "1 -~ ~ l~ ~~ ~-\~..,-- ~
.>2',,;,lr ~ .,~ \ \t ,tlTl ,1 .' .-
w,~' ",,I,- "'. \l cjUJ'-
,~ '--<''' ;i' ~_r /-
/\ - " ",/\/1")_--:-". -..
: ~.j;\: \ ;,,11,---,-- ,..S' -,
L . ,':"\, ".'..__'~. .' _....,:,i....;.. I ,;
: . \. : ~ :.~~ --'iJ"..'" \ ! :__./
,.... ':r-t'-~J;-~:,\~' ,....; ,~!::~;-- -'~~"~
_~,~" t~_! ::,:;-- (1)' ~~u:~.__
'-' .....
s.m~b'"
,-"
'~'","~
1 ,
i lrrPU.'lI~~h
:-. -.
3-11
r'O:
_.~, ,..--1 ~
J ./
t<'<t.; ,.. !f'\. 1.
'''' .~ IS :,~ ~~J
"..~'ol!;' ,1 ./
,. ~J ~'<. L:.
.. --
,....,..
\
~
!rI Open Space
. Parks
. Retail
o Schools
Government Centers
.' ,. Major ~mployers ~
',ey Attractions :>>
III Hospitals Cl
:r
;;::
m
-".
::1
I
r
I
t
:;)
j
D.
..
t
:E
~ ".
Id.~l
. ..
.2
-
III
i
.!!
:::I
.I:
(.)
.,.,-
.
ID
8
fill
I
'--"1
. ~-
t is! ".... J"
L~:; . U . "''''''v-'1/ci!'', 0 ~
:'h,gi2\ ~., '...~i-i--'-"-'- ATT ACHMEi'r
~' s~
z
--._-
.'~' .
L
L...: -
1--j1
f. l'
! j~;-
._ ..'2l
..lEi
.1".' ,
/ : r
':t/~~! l ,. :~.). ~i."
L .
'j :
.
.
.
.
\
.-.'--_..~.,.. .'; \
....... \
"" !1~ \
.11:& .
'\. ~~.'''HH).. .\
.......>:.~.! l"JJ~ \ . \
--r'''~ \ ~ jhU \. .,' \
... ~ _, '" 't ., .. 'i
;, ,,,' ,..,.. .....
~1 ~~~ t~~~
"" "l'-do,"",~l\," ... " 't
"Go:, ,~.... ....
tk.... ~\ .... i
i ~........... \. ...p
..~ "..#~
\ .....--"'\.........
:: .;" ~"
.........._.-.~.~........ "..
'.
'.
".
.\
........--r=""'"'- \"::
. \ \-'--"";'''",":
\ \ J'
\..1 I
, )
, '
I ! ~
L-i'
:~.',:. L>~..I
'[
o
"..
:.::a:"
L::-'~:::
.~.'
"" "
..;--;-':';'/"1'
"""'~. . ----
..\
"'.' ,
"-~
";', i ~
".'::~ ;".
l
~
Q
~
'"
.j...
. ....:.........
.: ....
",' "~',
;i:l"'<:':"
:'~~;'~i
4-7
3-12
.......:.
Bikeway Facility Types
.
:3
,iTT ACHMENT
'-
0_
-.c=
....1Il
lllll'-
II c..1-
I'Il..Gl
--.:0:
..1.:0:.-
iiia:!
-
Typical Sections
8' paved + 2' graded edge min. for two-way
(Greater width recommended where high bike
voiumes or high levels at mixed use ocCur)
Locational
Criteria
Separate righl-<>f-way
away from motor
vehicular traffic. Used
where adjacent
roadway speeds and
ADTs are too high for
safe joint use, for
connections through
open space areas and
parks, or where no
other facility type is
feasible.
Typical Users
Jfl~
~j~
~.
Kids, Family
Recreational,
Adult Exercise,
Skaters, Joggers,
Recreational
Walkers,
Exercise Walkers
'-
o
'\I CD :;;
rnclIl
rnlll~
ra..J QJ
-Gl.:o:
..1.:0:--
.- a:!
a:!
-
~
I I
S min. totaI..,.;dlh where curb 0C0Jl"S, 6 adjacent
to parking (Wider bike lane recommended
where bike votumes are high)
Within vehicular right-
of-way, but delineated
by warning symbols and
striping. May be used
where roadway speeds
and ADTs are fairly
high, but adequate
roadway width is
available. Directness
and number of users
are significant factors.
~
.cIb
Adu~
Recreational,
Commuters and
Serious Cyclists
-
QJ
....
"'::l
mO
mIX:
~QJ
U-'"
iii
-
~
Gl
....
III
C
CI
'iij
Gl
~
c:
::J
Ie;
~
(Wider than standard outside
lane recommended)
Within vehicular right-of-
way, but typically
delineated by directional
signage only. Used where
roadway speeds and
ADTs are fairly low, and
where route directness
and number of users is
not likely to be signifICant.
Primarily for route
directions on suggested
roadways.
~
cIb
Commuters and
Serious Cyclists
~
(No~ required)
Within vehicular right-of-
way, but not signed or
delineated except in
bikeway maps. Used
whe re roadway speeds
and ADTs are quite low,
and where route directness
and number of users is not
likely to be significant.
Used to infomnally connect
other facilities.
~
~, Kids, Family
~ ~ Recreational,
Commuters and
Serious Cyclists
cIb
Capital Improvemeflt Projects
D ID
ATTACHMENT _1.
Veolia T ransportalion
4167 Collection Center Drive
Chicago, IL 60693
(630) 571-7070 X1087 fax
Invoice No. QUOTE
Customer
Name Chula Vista Transit
Address 1800 Maxwell St
City Chula Vista
Phone 619.397.6061
Date
Order No.
Rep
FOB
10/24/2007
State CA
.
ZIP 91911
Qtv Descriotion Unit Price TOTAL
Veolia . Chula Vlsta
40 I Installation of bike racks on 40 buses. $80.00 $3,200.00
I ,
I
,
i
SubTotal $3,200.00
Payment Details "
0 Cash Tax
@ Check
0 Credit Card TOTAL $3,200,00
Name
CC#
Expires
I Office Use Only
Veolia- People Who eare!
4-9
3-14
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING
SUBMITTAL OF AN FY2008-09 BICYCLE
TRANSPORTATION ACCOUNT (BTA) GRANT
APPLICATION; AND CERTIFYING TIIAT
MATCHING FUNDS ARE OR WlLL BE AVAILABLE
THEREFOR
WHEREAS, the City Council adopted a comprehensive update of the City of
Chula Vista Bikeway Master Plan in January 2005; and
WHEREAS, the Bikeway Master Plan update determines both local and 10ng-
distance travel needs and identifies proposed bikeway facilities improvements in various
locations throughout the City; and
WHEREAS, currently proposed improvements to bikeway facilities include new
or upgraded bus-mounted bike racks on all City buses, additional signage along City bike
lanes and bike routes, and the upgrading of existing traffic signal detection systems to
accommodate new bicycle technology; and
WHEREAS, the proposed improvements are aligned with San Diego Association
of Governments (SANDAG) regional bikeway plans; and
WHEREAS, the cost for the proposed bikeway facilities projects is estimated at
$150,700; and
WHEREAS, if awarded, the Bicycle Transportation Account (BTA) grant funds
administered by Caltrans, will fund $135,630 of the total cost; and
WHEREAS, the balance of the cost, a required 10% match of $15,070, can be
funded from three sources: Traffic Signal Fee Fund, Transportation Development Act
(TDA) funds, and TransNet Funds in the amounts of $11,000, $2750, and $1,320,
respectively; and
WHEREAS, City staffrecommends that the City apply for a BTA grant to fund
the proposed three-part bicycle facilities project as detailed in the City of Chula Vista
2005 Bikeway Master Plan; and
WHEREAS, grant requirements include Council certification that matching funds
are available and committed for the project; and
H:\Allomey\Fin::d ~1Xl7\11" I)7\llcsn-BTA JSI'::mt.d<:x::
4-10
3-15
Resolution No. 2007-
Page 2
NOW, THEREFORE, BE IT RESOL YED that the City Council of the City of
Chula Vista does hereby
1. Authorize submittal of a FY 2008-09 Bicycle Transportation Account (BT A)
grant application to the California Department of Transportation (Caltrans); and
2. Certify that the City has or will have available, prior to commencement of any
work on the projects, the required match.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering
and General Services
Dave Byers
Director of Public Works
H:\Anomcy\Final Resoli\:2007\12 4. ~BTA 1RfU.do:
4-11
3-16
STATE OF CAT IFOR1'1TA-BUSINESS TRANSPORTATION AND HOT ISING AGENCY
ATTACHMENT 2
@
DEPARTMENT OF TRANSPORTATION
Local Programs
District 11, MS -132
4050 Taylor Street
San Diego, CA 921 I 0
PHONE (6l9) 278-3756
FAX (619) 220-5432
Flex your power!
Be energy efficient!
October 16,2008
Mr. Frank Rivera
Principal Civil Engineer
Office of Grants Development
367 F Street MS L-100
Chula Vista, CA 91910
Dear Mr. Rivera:
Thank you for your interest and participation in the 2008-09 Bicycle Transportation
Account (BTA) program. Congratulations the following candidate project was selected
for funding:
Bicycle Amenities for Co=uters, City of Chula Vista
Nineteen projects were approved for funding throughout the State of California. Attached
is a complete listing ofBTA projects that were approved for Fiscal Year 2008-09. You
may also visit the Local Assistance website that lists the approved funding at:
htqJ:/ /www.dot-ca.gOv/ha/LocalPrograms/bta/btawebPage.htrn
The BTA program continues and the Department of Transportation is presently solicit-
ing a new call for project for Fiscal Year 2009/2010 Bicycle Transportation Account
BTA. I encourage your agency to apply for the up-coming FY 2009/2010 BTA call for
projects by December 1, 2008. If you have any questions, please contact Luis Z. Medina,
Program Coordinator, at (619) 278-3735.
Sincerely,
~
ERWIN GOJUANGCO, CHIEF
District Local Assistance Engineer
"Caitrans improves mobility across California"
3-17
Fiscal Year 2008-09 Bicycle Transportation Account (BTA)Approved Projects
OT
tHst No. Agency County Project TItle proJed Description aTA $ Locai$ Other $ Tolal $
Paclflc Coast Bike Route - Construct a Class II bikeway on Waterfront Drive f~m G Street
1 1 Clly of Eureka Humboldt Eureka Corridor to J Street. $ 450,000.00 $ 1,595,500.00 $ 784,500.00 $ 2,830,000.00
Davls-Woodland Bikeway Construct a Class II bikeway on County Road 29 from County
3 2 County of Yolo Yolo County Road 29 Segment Road 99 to County Road 99D. . $ 1,091,834.00 $ 170,895.00 $ 385,022.00 $ 1,647,751.00
East Lewelling Boulev8.rd
County of Class II Bikeway Design and construct a Class II bikeway on East Lewelling
4 3 Alameda Alameda Improvement Project Boulevard from Meekland Avenue and Hesperlan Boulevard. $ 290,000.00 $ 174,000.00 $ - $ 464,000.00
Purchase and install 6 replacement bicycle lockers for the park-
City of Rio Purchase Replacement and-ride facility located near the Intersection of Front Street
4 4 Vista Solano Bicycle Lockers and Main Street. $ 3,600.00 $ 400.00 $ - $ 4,000.00
Design and construct a Class II bikeway on: (1) Sonoma
Avenue from Santa Rosa Avenue to Farmers Lanes, (2)
City of Santa Sonoma Avenue from Farmers Lane to Hahman Drive, and (3)
4 5 Rosa Sonoma Sonoma Avenue Hahman Drive from Sonoma Avenue to Monlgomery Drive. $ 238,500.00 $ 26,500.00 $ - $ 265,000.00
Commuter Bike Path, Construct a Class I bikeway along the Napa WIne Valley Train
4 6 City of Napa Napa Phase IV right of way from Vallejo Street to Uncqln Avenue. $ 975,140.00 $ 447,000.00 $ 890,000.00 $ 2,312,140.00
Construct a Class I bikeway along the Union Pacific Railroad
Railroad Safety Trail: from the San Luis Obispo Amtrak Train Station to Marsh Street
City of San San Luis Amtrak Train Station to with bicycle/pedestrian bridges spanning Johnson Street and 2,718,000.00<P
5 7 Luis Obispo Obispo Marsh Street San Luis Obispo Creek. $ 890,000.00 $ 555,600.00 $ 1,272,400.00 $
Cedar Avenue Blcycfe Design and construct a Class II bikeway on Cedar Avenue from 255,150.00<1>
6 8 City of Fresno Fresno Lanes Floradora Avenue to Los Altos Avenue. $ 220,150.00 $ 35,000.00 $ - $
Bike Lanes on Noble & Design and construct Class 11 bikeways on Noble Avenue and
6 9 City of Visa Ii a Tulare Mineral King Mineral King Avenue from Akers Street to Mooney Boulevard. $ 139,500.00 $ 15,500.00 $ - $ 155,000.00
Construct a Class II bikeway on Brand Boulevard from
Metrolink railroad tracks to south city limit, 1st Street from
Harps Street to Brand Street, and MacNeil Street from 2nd
Street to 1st Street. Construct a Class 111 bikeway on 8th
Street from west city limits to Pacoima Wash, 7th Street from
west cIty limits to Pacolma Wash, Glenoaks Boulevard from
west city limits to .east city limits, 5th Street from west city limits
to Pacoima Wash, 4th Street from west city limits to Pacoima
Wash, 1st Street from west city limits to Harps Street. San
Fernando Road from San Fernando Mission Boulevard to east
city limits, Hollister Street from Huntington Street to Wolfskill
Street, Moll Street from Huntington Street to Wolfskill Street,
Moll Street from Workman Street to Wolfskill Street, Orange
Grove Avenue from 8th Street to 1 sf Street, Hardi~g Avenue
from 8th Street to 1 st Street, Maclay Avenue from 8th Street to
San Fernando Citywide 4th Street, Maclay Avenue from 1 st Street to south city limit,
. City of San Los Bikeway and Bicycle Brand Boulevard from 8th Street to 4th Street, MacNeil Street
7 10 Fernando Angeles Parking Project from 4th Street to 2nd Street, Workman Street from Truman Str $ 164,123.00 $ 18,447.00 $ - $ 182,570.00
City of Los Construct a bike transit center at the historic Claremont Depot
7 11 Claremont Angeles Claremonf Transit Center (Metrolink Station). $ 495,000.00 $ 55,000.00 $ - $ 550,000.00
Page 1 of 3
,ell ,
bl!5t No, Agency Counly Project TItle Project Oescr,ptldn BTA$ Local $ " Olhor$ lolal $
Construct a Class II bikeway on Avenue Scott from Avenue
Rockefeller to Rye Canyon Road, and on Avenue Stanford
Avenue Scott Bike Lane from Newhall Ranch to Rye Canyon Road. Construct a Class
City of Santa Los and Avenue Stanford Bike III bikeway on Avenue Stanford from Ryan Canyon Road to
7 12 Clarlla Angeles Lane IBike Route Avenue Scott. $ 141,723.00 $ 15,749.00 $ - $ 157,472.00
Santa Clara River Bicycle Right of way acquisition for a Class I bikeway gap closure
Trail Closure Right-or-Way along the north bank of the Santa Clara River for approximately
7 13 City of Fillmore Ventura Acquisition. 0.1 miles eastward from State Route 23. $ 315,000.00 $ 35,000.00 $ - $ 350,000.00
Construct a Class" bikeway on Alessandro Boulevard from
Gap Closure for Aqueduct Graham Street to Heacock Street. Project includes upgrading
Bike Trail from the existing traffic signal at the intersection of Alessandro
City of Moreno Cottonwood Avenue to Boulevard and Heacock Street with Bike Lagle and pedestrian
8 14 Valley Riverside Bay Avenue push buttons for bicyclists. $ 72,000.00 $ 8,000.00 $ - $ 80,000.00
Construct a Class II bikeway on Frederick Street from
Cottonwood Avenue to Bay Avenue and on Bay Avenue from
. Gap Closure for Aqueduct Frederick Street to the Aqueduct Bike Trail at Nagai Drive.
Bike Trail from Project Includes upgrading the existing'"traffic signal at the
City of Moreno Cottonwood Avenue to intersection of Frederick Street and Bay Avenue wfth Bike
8 15 Valley Riverside Bay Avenue 11 Logic and pedestrian push buttons for bicyclists. $ 83,000.00 $ 7,000.00 $ - $ 70,000,00
Design and construct a Class I bikeway along the eastside of c
the Whitewater Channel from Vista Chino Drive to 30th
Avenue, and a Class II bikeway on 30th Avenue from the (~
Cltyo! Whitewater Channel Bike terminus of the Class I bikeway along the Whitewater Channel
8 16 Cathedral City Riverside Trail. Phase I to Landau Boulevard. $ 315,000.00 $ 35,000.00 $ - $ 350,000.00
Design and construct a bicyc:le {pedestrian bridge spanning the
County of Hilmar 8lcycle{Pedestrian Tur10ck Irrigation District Lateral Canal Number 7 at Maria
10 17 Merced Merced Bridge Project Avenue in the community of Hilmar. $ 199,800.00 $ 22,200.00 $ - $ 222,000.00
(1) lnstail Class II and III bikeway sign age at 64 locations
throughout the City of Chula Vista. (2) Replace inductive loop
system with new video detection camera at 6 signalized
intersections throughout the City of Chula Vista. (3) Provide
City of Chula Bicycle Amenities for new, or replace existing bus~mounted bike racks on 40 Chula
11 18 Vista San Diego Commuters Vista Transit bUses. $ 135,630.00 $ 15,070.00 $ - $ 150,700.00
Fiscal Year 2008-09 Bicycle Transportation Account (BTA) Approved Projects
Page 2 of 3
Cf
bis! No. Aglmcy County J:irojed Title Project DesGtipt.bn STA$ Local $ other $ Total $
(Phase I) Construct a 6,000 linear foot Class I bikeway
southeasterly along the alignment of an abandoned railroad
right of way from State College Boulevard across Birch Street
and though the Birch Hills Golf Course to Kraemer Boulevard.
(Phase II) Construct a 4,290 linear foot Class I bikeway
easterly along the Loftus Flood Control channel from Kraemer
Boulevard to the tenninus of the La Floresta perimeter trail
near Valencia Avenue. (Phase III) Construct a 8,184 linear foot
Class I bikeway westerly along the alignment of an abandoned
railroad right of way from State College Boulevard then
southerly along the Brea Creek Flood Control channel to
Arovista Park. (Phase IV) Construct a 4,224 linear foot Class I
bikeway westerly along the alignment of an abandoned railroad
right of way from the Brea Creek Flood Control channel
12 19 CIty of Brea Orange Brea Rails to Trails westerly to the city limits. $ 1,000,000.00 $ 10,762.000.00 $ 2,000,000.00 $ 13,762,000.00
Total... $ 7,200,000.00 $ 13,993,861.00 $ 6,331,922.00 $ 26,525,783.00
Fiscal Year 2008-09 Bicycle Transportation Account (BTA) Approved Projects
Cl
N
I
C')
Page 3 of 3
ATTACHMENT 3
~
~
S"J'AlEU1" 1....',1 lJlORNlA-BUSINE';;S TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
DIVISION OF LOCAL ASSISTANCE - M.S. 1
1120 N STREET
P. O. BOX 942874
SACRAMENTO, CA 94274-0001
PHONE (916) 653-0036
FAX (916) 653-1905
TTY711
emor
Flex your power!
Be energy efficient!
October 20, 2008
Mr. Frank Rivera
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910-2631
Subject: Bicycle Transportation Account Program
Dear Mr. Rivera:
The following project(s) haslhave been approved for 2008/2009 Bicycle Transportation
Account (BTA) funding.
Bicycle Amenities for Commuters
Enclosed are two original Local Agency - State Agreements for the approved project. Please
review sign, and mail one original agreement - preferably within 30 days and no later than 90
days - to the address below. Please retain the second original agreement for your BTA
project file.
David Priebe
Bicycle Facilities Unit, MS-l
Division of Local Assistance
California Department of Transportation
P.O. Box 942874
Sacramento, CA 94274-0001
Please note that failure to return the executed agreement within 90 days may result in
cancellation of your project.
The deadline for project completion and submittal of final invoices is April 1, 2011.
Compliance with this deadline will provide ample time for the Caltrans District Local
Assistance Engineer (DLAE) to inspect the completed project, approve the final invoice, and
forward it to the Division of Local Assistance for final processing.
. "ea/trans improves mobill1jl2closs California"
.vIr. Frank Rivera
October 20, 2008
Page 2
Please consult the Division of Local Assistance website for a list ofDLAE phone numbers:
http://www.dot.ca.gov/hq/LocaIPrograms/dlae.htm
If you have questions about the agreement or the BT A program, please contact me by phone
at (916) 653-0036 or e-mail atdavid_priebe@dot.ca.gov.
Sincerely, "\
~~j{
DAVID PRIEBE
BTA Program Manager
Bicycle Facilities Unit
Office of Local Program Management
Division of Local Assistance
Enclosure
c: District Local Assistance Engineer
"Calrrans improves mobility across California"
3-22
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE LOCAL AGENCY - STATE
AGREEMENT FOR BICYCLE TRANSPORTATION
ACCOUNT PROJECT (LOCAL AGENCY ST ATE
AGREEMENT) TO PROVIDE BICYCLE AMENITIES FOR
COMMUTERS
WHEREAS, an application for Bicycle Amenities for Commuters was submitted in
December 2007 for Fiscal Year 2008-09 funding through the California Department of
Transportation (Caltrans) competitive Bicycle Transportation Account program. Council
approved this application on December 4,2007 by Resolution 2007-271; and
WHEREAS, the grant would provide funding of $135,630 for the installation of signage
for bike lanes and bike routes, the installation of video detection equipment and the provision of
bus mounted bike racks; and
WHEREAS, staff received a letter from Caltrans dated October 16, 2008, stating that the
City has been awarded a grant of$135,630 for said project; and
WHEREAS, staff subsequently received two copies of the Local Agency - State
Agreement for Bicycle Transportation Account Project with a letter dated October 20, 2008. The
City is required to execute and transmit said agreement within 90 days to Caltrans as a condition
of receiving said funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Chula Vista approve the Local Agency - State Agreement for Bicycle
Transportation Account Project (Local Agency - State Agreement) to provide bicycle amenities
for commuters.
Presented by
Approved as to form by
R.A. Hopkins
Director of Engineering
H:\ENGINEER\RESOS\Resos2008\J ].ZS.08\FINALS\BT A AgreementREV.doc
3-23
THE ATTACHED AGREEJ\1ENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY CO CIL
Bart C. Miesfeld
Interim City Attorney
Dat'd~l~ b
/
Local Agency - State Agreement
For
Bicycle Transportation Account Project
Between the City of Chula Vista and
The State of California
Agreement No. BTA 08/09-11-SD-Ol
3-24
LOCAL AGENCY - ST ATE AGREEMENT
For
BICYCLE TRANSPORTATION ACCOUNT PROJECT
11
District
City of Chula Vista
Local Agency
Agreement No. BTA 08/09-11-SD-Ol
THIS AGREEMENT, made in duplicate entered into effect as of this 1st day of July
2008, 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. Tills 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 ifnot
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.
3-~5
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
(BT A) will be administered in accordance with the current Bicycle Transportation
Account (BT A) 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 a full-time employee to be in responsible charge 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 awarded 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 defmed
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.
2
3-26
ARTICLE II - Rights of Way
1. No contract for the construction of PROJECT shall be awarded 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 award 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 clear
of liens, conflicting easements, obstructions and encumbrances, after crediting
PROJECT with the fair market 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 PROJECT 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 hannless from any
liability that may result in the event the right of way for PROJECT, including, but not
limited to, being clear as certified, or if said right of way is found to contain hazardous
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.
3-h
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 1lI - Engineering
1. LOCAL AGENCY eligible costs for preliminary engineering work includes all
preliminary work directly related to PROJECT up to contract award 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
earlier for environmental clearance of that PROJECT.
4
3-28
6. LOCAL AGENCY shall certify compliance or documentation of Categorical
Exemption determination with the applicable provisions of the California Enviromental
Quality Act (CEQA) as defined in Title 14, California Code of Regulations, Chapter 3,
Guidelines for Implementation of the California Enviromenta1 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 ST ATE.
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 cornmitment 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 yea!- 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
ST ATE FUNDS are allocated, and as a minimum, to submit invoices at least once every
six (6) months thereafter.
3-~9
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, 2011. STATE shall pay to LOCAL AGENCY the STATE FUNDS share of the
actual cost of the PROJECT prior to June 30, 2011, 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 costs
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 coritractors, 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 [mal 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
share 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 FlTNDED financing with respect to claimed
PROJECT costs.
6
3-30
13. STATE FUNDS encumbered for PROJECT are available for liquidation only for
three (3) years from the beginning of the State Fiscal Year 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 (CW A) is submitted by LOCAL
AGENCY and approved by the Califomia 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 [mal
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. In the event LOCAL AGENCY'S final costs of PROJECT are less than said
estimate by reason oflow 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" t=p1ate, shall be made
a part of, and completed by STATE, prior to execution of this agreement.
17. Upon written d=and 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 it= 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 reimburs=ent 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
7
3-31
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) years 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 are 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 PORJECT 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, maybe made to said PROJECT except
pursuant to an amendment to this agreement duly executed by STATE and LOCAL
AGENCY.
8
3-32
.
5. LOCAL AGENCY and the officers and employees of LOCAL AGENCY, when
engaged in the performance ofthis AGREEMENT, shall act in an independent capacity
and not as officers, employees, or agents of ST ATE.
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.
II. 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 offact 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
3-33
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, tortuous, 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 responsible for
any injury, damage or liability occurring by reason of anything done or omitted to be
done by, or in connection with any work, authority or jurisdiction arising 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, tortuous, contractual, inv<;rrse condemnation or other theories
or assertions ofliability 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
10
3-34
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
AGREEMNT 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. Tbe "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: ~ m;;cJ~
LOCAL AGENCY
City of Chula Vista
By:
KEN McGUIRE, Chief
Bicycle Facilities Unit
Division of Local Assistance
Name:
Title:
Date: /[) /z../ / tJ 6
Date:
11
3-35
EXIllBIT A
PROJECT DESCRIPTION AND COSTS
Local Agency: I Agreement No.
City of Chula Vista BTA 08/09-II-SD-Ol
Project Location:
City of Chula Vista
Type of Work:
1. Install Class II and III bikeway signage at sixty-four (64) locations and replace inductive
loops with video detection cameras at six (6) signalized intersections along the following
roadways:
. Main Street from Industrial Boulevard to State Route 805 (22 sites)
. Industrial Boulevard from L Street to Mail Street (12 sites)
. Bay Boulevard fromE Street to J Street (10 sites)
. Orange A venue from Palomar Street to Hilltop Drive (12 sites)
. Telegraph Canyon Road from State Route 805 to La Media Road (4 sites)
. East H Street from Hilltop Drive to Hidden Vista Drive (4 sites)
. Gotham Street from Rutgers Avenue to Otay Lakes Road (4 sites)
. Bonita Road from Otay Lakes Road to Willow Street (2 sites)
2. Purchase, install and/or replace existing bus-mounted bike racks on forty (40) Chula
Vista Transit buses.
Length: 8.65 miles
Funding Engineering! Right of Way Construction Total Cost Percent
Source Design Acquisition Contr'act
BTA $7,000 $0 $128,630 $135,630 90.00%
Local $11,500 $0 $3,570 $15,070 10.00%
Other $0 $0 $0 $0
Total $18,500 $0 $132,200 $150,700 100.00%
3-~6
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 payor
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 ST ATE 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 9 1290-0 et seq.), and,
the applicable regulations promulgated thereunder (Cal. Code Regs. Title 2, 97285.0, et
seq.) The applicable regulations of the Fair Employment and Housing Commission
Implementing Govermnent 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.
5. 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
1
3-37
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, ST ATE 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.
2
3-38
EXHIBIT C
CERTIFICATION OF STATE FUNDING
I hereby certify upon my own knowledge that budgeted funds are available for this encumbrance.
Accounting Officer Date Funding
p"- r 10 /1 /03 f / 35, h 30,00
(
Fund
Chapter Statues Item Fiscal Year Program BC Category Source BTAFunds
268 2008 2660-101-0045 2008/2009 2030010660 C 220000 T $135,630
Expenditure Authorization Number: 50-957200-30287
Encumbrance Document Number I Charge District I Expenditure Authorization I SUBJOB
BTA30287-00 I 50 I 957200 I 30287
I
3-39
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING AND APPROPRIATING
BICYCLE TRANSPORTATION ACCOUNT (BTA) FUNDS
FOR FISCAL YEAR 2008/2009 IN THE AMOUNT OF
$135,630, AUTHORIZING THE TRANSFER OF FUNDS IN
THE AMOUNT OF $15,070 ($11,000 FROM THE TRAFFIC
SIGNAL FEE FUND, $2,750 FROM THE TRANSPORTATION
DEVELOPMENT ACT (TDA) FUND, AND $1,320 FROM
TRANSNET FUNDS) TO CIP PROJECT TF369, THREE PART
BICYCLE FACILITIES IMPROVEMENT; AND AMENDING
THE FISCAL YEAR 2008/2009 CIP PROGRAM
WHEREAS, an application for Bicycle Amenities for Commuters was submitted in
December 2007 for Fiscal Year 2008/20009 funding through the California Department of
Transportation (Caltrans) competitive Bicycle Transportation Account program. Council
approved this application on December 4, 2007, by Resolution 2007-271; and
WHEREAS, the grant would provide funding of $135,630 for the installation of signage
for bike lanes and bike routes, the installation of video detection equipment and the provision of
bus mounted bike racks; and
WHEREAS, the City stated that it would provide $15,070 in matching funds as follows:
$11,000 from the Traffic Signal Fee Fund, $2,750 from Transportation Development Act (TDA)
funds, and $1,320 from Transnet funds (currently allocated to TF332 Signing and Striping
Program). Sufficient funds are available to provide these amounts; and
WHEREAS, staff received a letter from Ca1trans dated October 16, 2008, stating that the
City has been awarded a grant of$135,630 for said project; and
WHEREAS, staff has set up a new Capital Improvement Program (CIP) Project, TF369,
Three Part Bicycle Facilities Improvement, in order to implement this project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a
Vista accepts and appropriates Bicycle Transportation Account (BT A) funds for Fiscal Year
2008/2009 in the amount of $135,630, authorizes the transfer of funds in the amount of $15,070
($11,000 from the Traffic Signal Fee Fund, $2,750 from the Transportation Development Act
(TDA) Fund, and $1,320 from Transnet funds), and amends the FY2008/2009 CIP program.
Presented by
Approved as to form by
R.A. Hopkins
Director of Engineering
H;\ENGlNEER\RESOS\Resos2008\1 \_25_08\FINALS\BTA Granl AcceplanceREV,doc
3-40