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HomeMy WebLinkAboutContracts & Agreements_20A-2018City of Redlands Agreement Number 74A0975 Page 1 of 17 SUSTAINABLE COMMUNITIES GRANTS (STATE) RESTRICTED GRANT AGREEMENT THIS RESTRICTED GRANT AGREEMENT (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS and the City of Redlands, herein after referred to as AGENCY, will commence on May 1, 2018, or approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of the RGA and before receipt of notice to proceed by the CALTRANS Contract Manager. This RGA shall expire on February 28, 2020. RECITALS 1. Under this RGA, CALTRANS intends to convey State grant funds to AGENCY, pursuant to Budget Act Line Item 2660-102-3290, who will conduct transportation studies and planning within the regional area under the jurisdiction of AGENCY under the terms, covenants and conditions of this RGA. CALTRANS and AGENCY intend that only funds that are authorized as grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non -grant agreement shall be subject to this RGA. SECTION I AGENCY AGREES: To timely and satisfactorily complete all Project Work described in Attachment II within the project budget and in accordance with the items of this RGA. SECTION II CALTRANS AGREES: That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations. SECTION III IT IS MUTUALLY AGREED: In consideration of the foregoing and the mutual promises of the parties hereto, AGENCY and CALTRANS agree as follows: 1. Under this RGA, CALTRANS will convey State grant funds to AGENCY, pursuant to City of Redlands Agreement Number 74A0975 Page 2 of 17 Budget Act Line Item 2660-102-3290, who will conduct transportation studies and planning within the regional area under the jurisdiction of AGENCY. The funds subject to this RGA must be (a) identified as available for a grant in CALTRANS' budget and (b) for the purpose of conducting transportation studies or planning or to a CALTRANS organization that is responsible for conducting transportation studies or planning. 2. Under this Restricted Grant, funds may be only used for the purpose set forth in this paragraph and funds may only be used for costs and expenses that are directly related to such purpose. 3. AGENCY shall perform all the duties and obligations described in the Redlands Transit Village Plans, hereinafter the Project, subject to the terms and conditions of this RGA. The Approved Project Grant Application (Scope of Work and Project timeline), which are attached hereto as Attachment II. 4. The resolution authorizing AGENCY to execute this RGA pertaining to the above described Project is attached hereto as Attachment I. 5. All services performed by AGENCY pursuant to this RGA shall be performed in accordance with all applicable State and AGENCY laws, regulations, ordinances, policies and procedures and CALTRANS published manuals, including Grant Application Guide, Grant Application Guide can be found at the following link: httD://www.dot.ca.aov/ha/top/grants archive.html. In case of conflict between State and AGENCY laws, regulations, ordinances, policies or procedures, the order of precedence applicability of these laws shall be established by prevailing California laws and regulations; CALTRANS policies and procedures; ordinances; and, AGENCY policies and procedures. This RGA may not include any federal funds. 6. Project funding is as follows: FUND TITLE FUND SOURCE DOLLAR AMOUNT RMRA LOCAL MATCH SB1 $600,000.00 Agency Provided $154,115.00 Total Project Costs $754,115.00 No in-kind contributions may be made unless the amount and type of the contribution is identified above. 7. This RGA is exempt from legal review and approval by the Department of General Services, pursuant to AG Opinions: 58 Ops. AG 586 (1974), 63 Ops. AG 290 (1980), 74 Ops AG 10 (1991), and 88 Ops AG 56.] 8. Notification of Parties a. AGENCY's Project Manager for PROJECT is Brian Foote. b. CALTRANS' Contract Manager is Rebecca Forbes. "Contract Manager" as used City of Redlands Agreement Number 74A0975 Page 3 of 17 herein includes his/her designee. c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: City of Redlands Attention: Brian Foote, City Planner Phone Number: (909) 798-7562 Email: bfoote@cityofredlands.org P.O. Box 3005 Redlands, CA 92373 California Department of Transportation District 8/Planning Attention: Rebecca Forbes, Caltrans Contract Manager Phone Number: (909) 388-7139 Email: Rebecca.forbes@dot.ca.gov 464 West 4th Street, 6th Floor, MS 722 San Bernardino, CA 92401 9. Period of Performance a. Reimbursable work under this RGA shall begin no earlier than on May 1, 2018, contingent upon the approval by CALTRANS and receipt of the Notice to Proceed letter of this RGA by the CALTRANS Contract Manager, and will expire on February 28, 2020. b. AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed letter by the CALTRANS' Contract Manager. 10. Chances in Terms/Amendments This RGA may only be amended or modified by mutual written agreement of the parties. 11. Cost Limitation a. The total amount reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $600,000.00. b. It is agreed and understood that this RGA fund limit is an estimate and that CALTRANS will only reimburse the cost of services actually rendered as authorized by the CALTRANS Contract Manager at or below that fund limitation established hereinabove. 12. Termination a. CALTRANS reserves the right to terminate this RGA upon written notice to City of Redlands Agreement Number 74A0975 Page 4 of 17 AGENCY at least thirty (30) days in advance of the effective date of such termination in the event AGENCY fails to proceed with PROJECT work in accordance with the terms of this RGA. b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least thirty (30) days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized and non -cancelled costs up to the date of termination. c. AGENCY has sixty (60) days after the Termination Date to submit invoices to CALTRANS to make final allowable payments for Project costs in accordance to the terms of this RGA. Failure to submit invoices within this period may result in a waiver by AGENCY of its right to reimbursement of expended costs. 13. Budaet Continaencv Clause a. It is mutually agreed that if the U.S. Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this Agreement and AGENCY shall not be obligated to perform any provisions of this RGA. b. If funding for any fiscal year is reduced or deleted by the U.S. Congress or the State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this Agreement with no liability occurring to CALTRANS, or offer a RGA Amendment to AGENCY to reflect the reduced amount. 14. Pavment and Invoicinq a. The method of payment for this RGA will be based on actual allowable costs. CALTRANS will reimburse AGENCY for expended actual allowable direct costs and including, but not limited to labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project work. Indirect costs are reimbursable only if the AGENCY has an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III — Cost Principles, Item 16.d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III — Cost Limitations, Item 11.a. Actual costs shall not exceed the estimated wage rates, labor costs, travel and other estimated costs and fees set forth in Attachment II without an amendment to this RGA, as agreed between CALTRANS and AGENCY. b. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in the performance of the Project work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date, but must have also paid for those costs to claim any reimbursement. City of Redlands Agreement Number 74AO975 Page 5 of 17 c. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non -represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its sub- recipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: htto:/Iwww.dot.ca.aov/ha/asc/travel/ao b/bul.htm Also see website for summary of travel reimbursement rules. d. AGENCY shall submit invoices to CALTRANS at least quarterly but no more frequently than monthly in arrears for completion of milestones in accordance with the Project Timeline in Attachment II to the satisfaction of the CALTRANS' Contract Manager. Invoices shall reference this RGA Number and shall be signed and submitted to the CALTRANS' Contract Manager at the following address, as stated in Section III — Notification of Parties, Item 8.c. e. Invoices shall include the following information: 1) Names of the AGENCY personnel performing work 2) Dates and times of project work 3) Locations of project work 4) Itemized costs as set forth in Attachment II, including identification of each employee or subcontractor staff that provided services during the period of the invoice, the number of hours and hourly rates for each employee or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow the CALTRANS' Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction. Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III — Termination, Item 12. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly but no more frequently than monthly in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date the RGA expires. AGENCY has sixty (60) days after that Expiration Date to make final allowable payments to Project contractors or vendors, submit the Project's Final Product(s) as defined in Attachment II and final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the sixtieth (60th) City of Redlands Agreement Number 74A0975 Page 6 of 17 day will be reverted and will no longer be accessible to reimburse late Project invoices. 15. Local Match Funds a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or quarterly basis. The frequency of the payments shall be agreed upon by the parties in a document signed by both parties. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted under this Agreement, the contributions may be counted as cash when they are actually received by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds will be made or allowed only for work performed on and after the date of issuance of the Notice to Proceed and prior to the Expiration Date of this RGA. Local cash and in-kind match requirements can be found in Grants Application Guide. Grant Application Guide can be found at the following link: htto://www.dot.ca.aov/ha/too/a rants archive.html. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment II. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found at the Office of Regional Planning (ORP) website: http://www.dot.ca. gov/hq/tpp/offices/orip/Grants/g rants. html 16. Cost Princiales a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Every sub -recipient receiving Project funds as a sub -recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within thirty (30) days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any City of Redlands Agreement Number 74AO975 Page 7 of 17 third -party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: hftD://www.dot.ca.ciov/ha/LocalProarams/lam/laDM.htm. e. AGENCY agrees and shall require that all of its agreements with consultants and sub -recipients contain provisions requiring adherence to this section in its entirety except for section c, above. 17. Americans with Disabilities Act By signing this RGA, AGENCY assures CALTRANS that in the course of performing Project work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 18. Indemnification Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon AGENCY under this RGA. It is understood and agreed that AGENCY, its officers, employees, agents, or subcontractors shall fully defend, indemnify and save harmless CALTRANS and all its officers and employees from all claims, 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 AGENCY, its officers, employees, agents or subcontractors under this RGA. 19. Nondiscrimination Clause (2 CCR 11105 Clause bJ a. During the performance of this RGA, the AGENCY, and its Subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and City of Redlands Agreement Number 74AO975 Page 8 of 17 veteran status. AGENCY shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than twenty four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause. d. AGENCY and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the RGA. 20. Retention of Records/Audits a. AGENCY, its contractors, subcontractors and sub -recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub -recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub -recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors and sub - recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY's external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. b. For the purpose of determining compliance with applicable State and AGENCY City of Redlands Agreement Number 74A0975 Page 9 of 17 law in connection with the performance of AGENCY's contracts with third parties pursuant to GC Section 8546.7, AGENCY, AGENCY's sub -recipients, contractors, subcontractors, and CALTRANS shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. c. AGENCY, its sub -recipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other AGENCY of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA. d. Additionally, all grants may be subject to a pre -award audit prior to execution of the RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs. e. Any contract with a consultant or sub -recipient entered into as a result of this Agreement shall contain all the provisions of this article. 21. Disputes a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The decision of the CALTRANS Contract Officer shall be the CALTRANS's final decision regarding the dispute. b. Neither the pendency of a dispute nor its consideration by the CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of the RGA. 22. Third -Party Contracts a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without prior written authorization by CALTRANS Contract Manager unless expressly included (sub -recipient identified) in Attachment II as part of the identified Project work. b. All State -government -funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement City of Redlands Agreement Number 74AO975 Page 10 of 17 procedures as long as the procedures comply with the local AGENCY's laws, rules, and ordinances governing procurement and all applicable provisions of state law, including without limitation the requirement that the AGENCY obtain at least three (3) competitive bids for solicitation of goods, services and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications -based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the provisions of the Local Assistance Procedures Manual (LAPM), Chapter 10, which are not inconsistent with this section 23, Third Party Contracts. The LAPM can be found and the following link: httD://www.dot.ca.aov/ha/LocaIProarams/lam/laDM.htm#LAPMon1. c. Any subcontract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY's sub -recipients, contractors, and subcontractors. Copies of all agreements with sub -recipients, contractors, and subcontractors must be submitted to the CALTRANS Contract Manager. d. CALTRANS does not have a contractual relationship with the AGENCY's sub - recipients, contractors, or subcontractors and the AGENCY shall be fully responsible for all work performed by its sub -recipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS Contract Manager shall be required before AGENCY enters into any non -budgeted purchase order or sub - agreement for supplies, or consultant services. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III, Item 14e.4, above. f. Any subcontract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III, Item 14c, above. 23. Drua-Free Workplace Certification By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug -Free Workplace Act of 1990 (GC Section 8350 et seq.) and will provide a Drug -Free workplace by doing all of the following: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by GC Section 8355(a). City of Redlands Agreement Number 74A0975 Page 11 of 17 b. Establish a Drug -Free Awareness Program as required by GC Section 8355(b) to inform employees about all of the following: 1) The dangers of drug abuse in the workplace. 2) The person's or organization's policy of maintaining a Drug -Free workplace; 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by GC Section 8355(c), that every employee who works on the proposed contract or grant: 1) Will receive a copy of the company's Drug -Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above. 24. Relationship of Parties It is expressly understood that this RGA is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. 25. State -Owned Data AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media: 1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government -certified Advanced Encryption Standard (AES) cipher algorithm with a 256 -bit or 128 -bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space. 2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules. 3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another. City of Redlands Agreement Number 74A0975 Page 12 of 17 4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only. 5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this RGA. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s). (State Administrative Manual (SAM) Section 5335.1) 26. Assumption of Risk and Indemnification Reaardina Exposure to Environmental Health Hazards In addition to and not a limitation of the AGENCY'S indemnification obligations contained elsewhere in this Agreement, the AGENCY hereby assumes all risks of the consequences of exposure of AGENCY'S employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY'S employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees. City of Redlands Agreement Number 74A0975 Page 13 of 17 27.Mandatory Oraanic Waste Recvclina It is understood and agreed that pursuant to Public Resources Code §42649.8 et. seq, if AGENCY generates four (4) cubic yards of organic waste per week the AGENCY shall arrange for organic waste recycling services. "Organic waste" means food waste, green waste, landscape and pruning waste, non -hazardous wood waste, and food -soiled paper waste that is mixed in food. The AGENCY shall take at least one of the following actions: 1) Source separate organic waste from other waste and subscribe to a basic level of organic waste recycling service that includes collection and recycling of organic waste. 2) Recycle its organic waste onsite or self -haul its own organic waste for recycling. 3) Subscribe to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste. 28. Project Close Out/Final Product a. AGENCY will provide two (2) copies and two (2) electronic versions of the Final Product(s) to the CALTRANS Contract Manager. b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt of Final Product(s) to the CALTRANS Contract Manager. 29. OWNERSHIP OF PROPRIETARY PROPERTY a. Definitions 1) Work: The work to be directly or indirectly produced by AGENCY under this RGA. 2) Work Product: All deliverables created or produced from Work under this Agreement including but not limited to, all Work and Deliverables conceived or made, or made hereafter conceived or made, either solely or jointly with others during the term of this Agreement and during a period of six (6) months after the termination thereof, which relates to the Work commissioned or performed under this Agreement. "Work Product" includes all deliverables, inventions, innovations, improvements, or other works of authorship Contractor may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret, or other legal protection. 3) Inventions: Any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by the Contractor or jointly with the Contractor's Subcontractor and/or the Contractor's Subcontractor's employee's with one or more employees of the Department of Transportation (herein after referred to as "the Department"), during the term of this Agreement and in performance of any Work under this Agreement, provided that either the conception or reduction to practice thereof City of Redlands Agreement Number 74A0975 Page 14 of 17 occurs during the term of this Agreement and in performance of Work issued under this Agreement. b. OWNERSHIP OF WORK PRODUCT AND RIGHTS 1) Ownership of work product: Except in regard to Pre-existing Works, all Work Product derived by the Work performed by the Contractor, its employees or by any of the Contractor's Subcontractor's employees under this Agreement, shall be owned by the Department and shall be considered to be works made for hire by the Contractor's Subcontractor for the Department. The Department shall own all United States and international copyrights in the Work Product. As such, all Work Product shall contain, in a conspicuous place, a copyright designation consisting of a "c" in a circle followed by the four -digit year in which the Work Product was produced, followed by the words "California Department of Transportation." For example, a Work Product created in the year 2012 would contain the copyright designation © 2012 California Department of Transportation. 2) Vestina of coovriaht riahts: Contractor, its employees or any of Contractor's Subcontractor's employees agrees to perpetually assign, and upon creation of each Work Product automatically assigns, to the Department, its successors and assigns, ownership of all United States and international copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the Contractor's Subcontractor from the Department. From time to time upon the Department's request, the Contractor's Subcontractor and/or its employees, shall confirm such assignments by execution and delivery of such assignments, confirmations or assignment, or other written instruments as the Department may request. The Department, its successors and assigns, shall have the right to obtain and hold in its or their own name(s) all copyright registrations and other evidence of rights that may be available for Work Product. Contractor hereby agrees to waive all moral rights relating to identification of authorship restriction or limitation on use, or subsequent modifications of the Work. c. INVENTIONS 1) Vestina of patent riahts: The Contractor, its employees and any Contractor's Subcontractor hereby agrees to assign to the Department, its successors, and assigns, all Inventions, together with the right to seek protection by obtaining patent rights therefore and to claim all rights or priority there under, and the same shall become and remain the Department's property regardless of whether such protection is sought. The Contractor, its employees and Contractor's Subcontractor shall promptly make a complete written disclosure to the Department of each Invention not otherwise clearly disclosed to the Department in the pertinent Work Product, specifically pointing out features or concepts that the Contractor, its employees and Contractor's Subcontractor believes to be new or different. The Contractor, its employees and Contractor's Subcontractor shall, upon the Department's request and at the Department's City of Redlands Agreement Number 74A0975 Page 15 of 17 expense, cause patent applications to be filed thereon, through solicitors designated by the Department, and shall sign all such applications over to the Department, its successors, and assigns. The Contractor, its employees and Contractor's Subcontractor shall give the Department and its solicitors all reasonable assistance in connection with the preparation and prosecution of any such patent applications and shall cause to be executed all such assignments or other instruments or documents as the Department may consider necessary or appropriate to carry out the intent on this Agreement. 2) Agency: In the event that the Department is unable for any reason whatsoever to secure the Contractor's, its employees' and/or Contractor's Subcontractor's signature to any lawful or necessary document required or desirable to apply for or prosecute any United States application (including renewals or divisions thereof), Contractor, its employees and Contractor's Subcontractor hereby irrevocably designates and appoints the Department and its duly authorized officers and agents, as its agent and attorney-in-fact, to act for and on Contractor, its employees and Contractor's Subcontractor's behalf and stead, to execute and file such applications and to do all other lawfully permitted acts to further the prosecution and issuance of any copyrights, trademarks or patents thereon with the same legal force and effect as if executed by Contractor, its employees and/or Contractor's Subcontractor. The Department shall have no obligations to file any copyright, trademark or patent applications. d. ADDITIONAL PROVISIONS 1) Avoidance of infrinaement: In performing services under this Agreement, Contractor and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If Contractor or its employees becomes aware of any such possible infringement in the course of performing any Work under this Agreement, Contractor or its employees shall immediately notify the Department in writing. 2) Pre-existing works and license: Contractor acknowledges that all Work Product shall be the sole and exclusive property of the Department, except that any pre-existing works created by Contractor and third parties outside of the Agreement but utilized in connection with the Agreement (the "Pre-existing Works") shall continue to be owned by Contractor or such parties. Contractor agrees to notify the Department in writing of any Pre-existing Works used in connection with any Work Product produced under this Agreement and hereby grants to the Department a non-exclusive, perpetual, royalty -free license to utilize the Pre-existing Works in connection with the Work Product. 3) Subcontractors: Contractor shall affirmatively bind by contract any of its subcontractors or service vendors (hereinafter "Contractor's Subcontractor") providing services under this Agreement to conform to the provisions of this Exhibit. Contractor's Subcontractor shall then provide the signed contract to the Contractor, who shall provide it to the Department's Contract Manager prior to the commencement of any work. In performing services under this Agreement, City of Redlands Agreement Number 74A0975 Page 16 of 17 Contractor's Subcontractor agrees to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If Contractor's Subcontractor becomes aware of any such possible infringement in the course of performing any Work under this Agreement, Contractor's Subcontractor shall immediately notify the Contractor in writing, Contractor will then immediately notify the Department in writing. e. OWNERSHIP OF DATA 1) Upon completion of all work under this Agreement, all intellectual property rights, ownership and title to all reports, documents, plans, specifications, and estimates, produced as part of this Agreement will automatically be vested in CALTRANS and no further agreement will be necessary to transfer ownership to CALTRANS. The Consultant shall furnish CALTRANS all necessary copies of data needed to complete the review and approval process. 2) It is understood and agreed that all calculations, drawings, and specifications, whether in hard copy of machine readable form, are intended for one-time use in the construction of the project for which this Agreement has been entered into. 3) The Consultant is not liable for claims, liabilities or losses arising out of, or connected with, the modification or misuse by CALTRANS of the machine readable information and data provided by the Consultant under this Agreement; further, the Consultant is not liable for claims, liabilities or losses arising out of, or connected with, any use by CALTRANS of the project documentation on other projects, for additions to this project, or for the completion of this project by others, excepting only such use as may be authorized, in writing, by the Consultant. 4) Any sub -agreement in excess of $25,000.00, entered, into as a result of this Agreement, shall contain all of the provisions of this clause. City of Redlands Agreement Number 74A0975 Page 17 of 17 SECTION IV ATTACHMENTS: The following attachments are incorporated into and are made a part of this RGA by this reference and attachment, AGENCY Resolution Scope of Work and Project Timeline IN WITNESS WHEREOF, the parties hereto have executed this RGA on the day and year first herein above written: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: 4"� �CCGc� Printed Name: Title: Contract Officer Date: J /! f CITY OF REDLANDS By: Pri, d irlame: N. Enrique Martinez Title: Date: City Manager April 23, 2018 ATTEST: Printed NBme:J*/a�nne Pufaldison Titl�City% Clerk Date: April 23, 2018 By: Printed Name: Title: Date: City of Redlands Agreement Number 74AO975 Attachment I Page 1 of 3 RESOLUTION NO. 7814 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR A SUSTAINABLE COMMUNITIES GRANT, RELATED TO THE PREPARATION OF THE TRANSIT VILLAGES SPECIFIC PLAN. WHEREAS, the City Council of the City of Redlands is eligible to receive Federal and/or State funding for certain transportation planning related plans, through the California Department of Transportation; and WHEREAS, on December 8, 2017, the California Department of Transportation announced grant awards through the Sustainable Communities Grant Program, among which was the City of Redlands for a proposal to develop the Transit Villages and Downtown Specific Plan; and WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Transportation Planning Grant Programs; and WHEREAS, the City of Redlands wishes to delegate authorization to execute these agreements and any amendments thereto; and WHEREAS, creation of the Transit Villages Plan will implement the community's vision for fixture development as contained in the new General Plan 2035 adopted by City Council on December 5, 2017; and WHEREAS, execution of Restricted Grant Agreements and any amendments thereto is not subject to environmental review in accordance with Section 15061(b)(3) of the State Guidelines unplementing the California Enviromnental Quality Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. The City Council authorizes and designates the Redlands City Manager to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation. -1- I:\cclerk\Resolutions\Res 7800-7899\7814 Sustainable Cormnunities Grant.doc City of Redlands Agreement Number 74AO975 Attachment I Page 2 of 3 ADOPTED, SIGNED AND APPROVED this 6d' day of F 2018. Paul Barich, Mayor Pro Tempore ATTEST: a�aldson, City Clerk -2- L•\cclerk\Resolutions\Res 7800-7899\7814 Sustainable Communities Grant.doc City of Redlands Agreement Number 74AO975 Attachment Page 3 of 3 I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoin� Resolution was duly adopted by the City Council at a regular meeting thereof held on the 6 day of February, 2018, by the following vote: AYES: Councilmembers Harrison, Tejeda, Momberger; Mayor Pro Tempore Barich NOES: None ABSENT: Mayor Foster ABSTAIN: None J e Donaldson, City Clerk -3- I:\cclerk\Resolutions\Res 7800-7899\7814 Sustainable Communities Grant.doc City of Redlands Agreement Number 74A0975 Attachment II Page 1 of 13 SCOPE OF WORK: Redlands Transit Villages Plans INTRODUCTION: San Bernardino County Transportation Authority (SBCTA) is in the final stages of design for the Redlands Passenger Rail Service. Known as the "Arrow," this commuter service will run hybrid trains from the City of Redlands to the rail hub/transit center in San Bernardino City. In addition to the Arrow, which will run trains throughout the day, Metrolink will run a commuter train during the morning and evening rush hour to San Bernardino with the ultimate destination being downtown Los Angeles. Construction is estimated to begin in late 2017 and be completed in early 2021. Presently, three rail stations are planned to be built along the existing rail line in Redlands previously used by the Santa Fe Railroad. The station locations are Downtown Redlands, University of Redlands, and New York Street / ESRI Campus. Two other stations at Alabama Street and California Street are proposed for the future but not currently included in the project. An increase in development and redevelopment is forecasted near the stations. The City would like to proactively plan ahead before new development occurs so that growth is orderly, planned, and consistent with the goals and objectives of the community. To do so, the City would like to develop detailed, specific plans for each of the three planned transit -oriented villages. Proiect Location The project area is specifically Y2 mile from each station center in accordance with State law. The core of the village areas are appropriately designated Commercial, Commercial/Industrial, Office, Public/Institutional, and High Density and Medium Density Residential in the City's General Plan. They are strategically located at major employment centers. The University of Redlands transit village will serve the students as well as a new housing community located adjacent to the rail. The Downtown transit village will provide access to a multitude of retail, office, restaurant, entertainment, and cultural offerings to residents and visitors alike. And the New York Street/ESRI village will connect the growing ESRI campus with its 2,300 local employees to new markets and customers. The planned stations are located in ideal areas within the City where there is good vehicular, pedestrian, bicycle, and transit access. These new stations will link Redlands to the broader network of commuter rail service via Metrolink in San Bernardino. Destinations as far away as Los Angeles International Airport (LAX) will now be connected to Redlands via transit. Downtown is currently a hub for Omnitrans transit buses which will be integrated with the rail. In addition, the village areas are connected to the Orange Blossom Trail, a major multi -use Class I trail, which will completely traverse the City from east to west when complete. There is also a good pedestrian network in the village areas. And all village areas are presently served by City infrastructure including water, sewer, storm sewer, and solid waste collection. 0 City of Redlands Agreement Number 74AO975 Attachment II Page 2 of 13 Within the three transit village project areas, the University of Redlands village has the most people at 4,438. The dominant use is the U. of R. campus which has dormitories on-site for its undergraduate students. Immediately south of the campus is an area of apartments, many also occupied by students. There are many undeveloped properties near the station, and many of those are owned by the University. This area can support mixed and residential uses. An additional 600 residential units are forecasted for this village. On the periphery to the west, east, and further south are single-family neighborhoods along with parkland and trails. The second most populous village is Downtown at 2,530 people within the Transit Village Overlay Zone (TVOZ). There are scattered single-family homes and apartments within the downtown core but most of the area is commercial. Uses include retail, restaurants, offices, professional services, cultural offerings, and light industrial businesses. There are several vacant properties on the west side of Downtown near the rail station. Certain sites, such as the Redlands Mall, are prime areas for redevelopment. It is expected that there will be approximately 500 new residences in the Downtown village in the future. To the north and south is an area of single-family homes and small apartment buildings located in historic neighborhoods. The third most populous village is the New York Street / ESRI Campus at 1,777 people. This area is mostly occupied by office, commercial, and some light industrial uses at its core. There is an area of apartments directly south of the ESRI campus. A few vacant parcels are located just north of the planned rail station with single-family residential further north. This village could see additional office uses, commercial development, and residential units. Demoaraohics Redlands has approximately 70,000 people and about 24,000 households. The population density is 1,893 people per square mile. The median age is 37.3 years old. There were 26,749 housing units in 2015. The racial demographics are 50.2% White, 5.1 % Black, 8.3% Asian, .3% Native American, and 3.6% Other. Latinos of any race make up 32.6% of the population. The average household size is about 2.7 people. The median household income is $66,767. The homeownership rate is approximately 60%, with 40% renting, but within the core area of the City, the proportion renting is much higher around 60%. The median existing home sales price was $365,000 in 2016. The City had a public school enrollment of 13,396 students in K through 12 in 2016. (Source: SCAG Community Profile 2017) The largest employers are ESRI, Redlands Community Hospital, Amazon Fulfillment Center, Beaver Medical Group, and the University of Redlands in that order. ESRI and the University of Redlands are each within a planned transit village. The major sectors of employment include health and education, retail and wholesale trade, leisure, transportation and utilities, and professional services. Pre planning Efforts City of Redlands Agreement Number 74AO975 Attachment II Page 3 of 13 Several developments have occurred over the recent years that make this the ideal time to proceed with the transit village plans. First, the City is completing the process of updating its General Plan (htto:Hredland s2035.orc). The new General Plan will contain the TVOZ and policies outlining the goals and objectives of each village. The TVOZs will cover a''/z mile radius from the station centers as prescribed by the California Transit Village Development Planning Act of 1994. The exact station locations have recently been established and access points to those stations defined. In addition, the General Plan has been updated to support complete streets and smart mobility policies. Alternative road sections supporting pedestrian and bicycle travel have been included for every class of roadway within the City. Second, more concrete plans from property owners within these villages are emerging that will provide input into the plan's content. For example, the University of Redlands is currently in the early planning stages for land they own adjacent to the University station. ESRI is also planning an expansion. Third, planning and design for parks and trails within the villages (such as the Orange Blossom Trail and the Zanja Trail) are underway and initial funding has been obtained for construction. Fourth, the City completed a Climate Action Plan as part of the General Plan update estimating Greenhouse Gas (GHG) production through the year 2035. Given the land use and transportation system in the City, General Plan policies that encourage alternative modes of transportation, including active transportation in complete streets will assist in meeting the State target of GHG reductions in the horizon year of 2035. Fifth, the village plans are completely aligned with the recently updated SCAG RTP/SCS and the California Transportation Plan (CTP) 2040. The City and SBCTA are active partners in developing the Redlands Rail project that will offer a new mode of mobility. Sixth, SBCTA has begun the preparation (in March 2018) of a Transit Rail Stations Accessibility Plan, which includes all future transit village sites in the City of Redlands and is anticipated to be completed by July 2019, and coordination with SBCTA's effort will help inform the multi -modal transportation components of the City's transit villages plan. For all of these reasons, now is the ideal time to proceed with developing transit village plans. The transit village plans that will be produced with these grant funds will be detailed, specific plans. The goal is to bring all the information together needed into a single document that will holistically guide development in the villages. The plans are expected to utilize a "form -based" format that will foster predictable results in the built environment and a high-quality public realm using physical form (rather than separation of uses) as the organizing principle. Within the TVOZ, there will be an area governed by the regulating plan where mixed-use and higher density residential uses are permitted. The plans will cover land uses (established by the regulating plan), public space standards, building form standards, architectural standards, landscape standards, parking, signage, and administration. It is the City's desire to complete the three village plans in one effort. The reason behind this effort is that the City would like to have all three plans in place by the time the Redlands Rail project is operational in 2021. Having the plans completed will facilitate improved access to the stations, integration of multimodal transportation options, and integration of appropriate land uses in the village cores. Given the recent data and information collection effort made for the General Plan update, a lot of material has been gathered which should save time in the project schedule. City of Redlands Agreement Number 74AO975 Attachment II Page 4 of 13 RESPONSIBLE PARTIES: The City of Redlands' Department of Development Services will take the lead in managing the project. Staff from Development Services will oversee the day-to-day management of the project, but resources from other departments, such as Municipal Utilities and Engineering as well as Quality of Life, will be assisting as needed. Caltrans will be an active partner in the project. The City will be engaging the services of a consultant to assist in development of the village plans. To save time and move quickly on the plans, the City will issue a Request for Proposals (RFP) at its own costs for a consultant in the winter of 2017-18. Upon signing a contract with Caltrans, the Consultant interviews will be held and a selection made with the participation of Caltrans. The City plans to establish a workgroup of manageable size for each village plan. These workgroups would be composed of representatives from City departments, and property owners, business owners, and residents within each village. These workgroups will work with City staff and the Consultant providing input into the development of the plans. The City's consultant will also communicate with other agencies, as needed, including SBCTA. The City's goal is to complete the three village plans by February, 2020. Work on the Environmental Impact Report (EIR) is anticipated to begin when the final draft of the specific plan is substantially complete, approximately nine months after work is authorized to commence in May 2018. It is understood that the grant funds cannot be used for EIR expenses and the City would cover these future costs. OVERALL PROJECT OBJECTIVES: The overall goal of the project is to develop transit village specific plans for villages corresponding to the three rail stations currently under design. The objectives of the transit villages are best described in the General Plan update under the chapter Livable Community: 4-P.41 Foster a connected, accessible, and active community by creating attractively designed pedestrian- and transit -oriented villages with a mix of uses in a compact area. 4-P.42 Provide for new jobs, housing, and entertainment opportunities in compact, walkable environments. 4-P.43 Ensure that each Transit Village has a unique character and identity that reflects its existing assets and unique characteristics, and provides appropriate services at that location. 4-P.44 Provide choices for travel options, including walking, biking, vehicular, and transit. City of Redlands Agreement Number 74AO975 Attachment II Page 5 of 13 4-P.45 Accommodate all appropriate modes of transportation in Transit Villages, and promote seamless transitions between modes. 4-P.46 Improve connectivity between Transit Villages and existing neighborhoods. 4-P.47 Provide for appropriate transitions between Transit Villages and surrounding neighborhoods. 4-P.48 Provide development and infill opportunities as alternatives to building at the edges of the city 4-P.49 Allow residential and mixed-use projects in the Mixed Use Core at densities up to the High Density Residential standard. 4-P.50 Allow for density bonuses in the Transit Village Overlay Zone contingent on the provision of public benefits. Density bonuses shall be a minimum of 25 percent within a quarter -mile of each transit station, and 10 percent in areas located between a quarter - mile and a half -mile radius of each transit station. Public benefits may include but are not limited to amenities such as a public park, plaza, or playground; enhanced streetscaping; public art; or participation in a voluntary transfer of development rights program. 4-P.51 Complete a Transit Village Plan that will define: village character, design guidelines for architecture and site development, permitted and conditional uses, building setbacks and heights, yards, interfaces with the public streets and sidewalks, security measures, and transitions to existing neighborhoods. 4-P.52 Encourage stops of larger trains (Metrolink) in stations that can adequately accommodate their size and have greater availability of and access to parking. It is also an objective for each village to be distinct, to have its own character and feel. For example, the Downtown Village may emphasize the traditional red -brick, storefronts and packinghouse architecture prevalent in downtown. The University Village may borrow from the classically inspired architecture and green open spaces of the campus. The New York Street Village may take cues from the modern and lushly landscaped ESRI campus. The tasks of the project are described below 1. Task Title - Project Initiation and Administration t Task 1.1 — Consultant Selection The City will oversee the acquisition of a consultant to assist in the development of the Outreach and Communication Plan and the three Village Plans. To save time, the City, on its own costs, will advertise in the winter of 2017-18 for consulting services through a Request for Proposal. Final interviews and selection of the consultant will not occur until after an award by Caltrans and will occur with participation from Caltrans. Only those costs incurred after an award are represented in this task. City of Redlands Agreement Number 74AO975 Attachment II Page 6 of 13 Task 1.2 — Project Kick -Off Meeting A kick-off meeting will be conducted with key staff, the Consultant, and Caltrans to review project scope, budget, and schedule. Task 1.3 — Project Management The City will oversee project management which includes coordination and administrative tasks such as bi-weekly meetings of the project team, managing day-to-day activities of the project including coordination of City staff, consultants, and interested parties, managing electronic and paper files, facilitating the flow of data and information, and reporting to city management staff and elected officials. • Responsible Party: City of Redlands (with involvement of Caltrans and the Consultant) Task Deliverable 1.1 Final contract with consultant 1.2 Meeting agenda and notes Agendas, meetings minutes, notes, 1.3 electronic files 2. Task Title — Public Outreach Planning Task 2.1 — Develop Public Outreach and Communication Plan The Consultant, working with the assistance of the City and workgroups, will develop an outreach and communication plan that will guide public involvement in the project. The plan will detail: o General project communication efforts (through public notices, flyers, banners, media, advertising, City's website, Redlands TV, etc.) o Targeted outreach to stakeholders (property owners, businesses, residents, interests groups, and any disadvantaged communities) o Public meetings with formats tailored to each village that may include charrettes, workshops, presentations, town halls, open houses, etc., or a combination of different formats o Additional communication techniques such as bilingual (Spanish) translation for public notices and presentations Task 2.2 — Develop Project Website The Consultant, working with the assistance of the City, will develop a project website. This tool proved to be very successful for the General Plan update (htto://redlands2035.orq). The website became a source for information to explain the project scope and timeline, explanatory information about urban planning, answers to frequently asked questions, a forum to submit comments about the project, an email list serve, a calendar of events, contact information, and a repository for official documentation. Something similar is envisioned for the Village Plan project. 0 Responsible Party: Consultant (with assistance from the City of Redlands) City of Redlands Agreement Number 74A0975 Attachment II Page 7 of 13 Task Deliverable 2.1 Outreach and Communication Plan 2.2 Project website 3. Task Title — Develop Downtown Village Plan Task 3.1 — Data Gathering and Analysis The Consultant, working with the assistance of the City and workgroups, will gather background data and information necessary for the project. This includes information and data on land uses, transportation, housing, public utilities, public safety, parks and open spaces, historic and cultural resources, and potential hazards. This data is available in a variety of types including previous plans, maps, and GIS data. Since much of this information was collected for the General Plan update effort, some efficiencies are envisioned in the tasks. In addition, the Consultant will prepare a market analysis technical report to assess dwelling unit and commercial absorption. The Consultant will also meet with pertinent stakeholders identified in the Outreach and Communication Plan. Then, the existing conditions of the villages will be mapped and analyzed. Task 3.2 — Public Engagement The Consultant, working with the assistance of the City and workgroups, and using the guidance from the Outreach and Communication Plan, will conduct public engagement efforts at three key milestones in the project timeline. The first milestone will be at the beginning of the development of the draft plan but after some data gathering and analysis has occurred. These engagements may be in a variety of formats — public workshop, charrette, presentation, town hall, open house, on-line survey, etc. or a combination of these. The outreach methods will be tailored to the specific village under study for the best results. The second milestone of public engagement will be after a draft plan has been developed. This will give the public an opportunity to react and comment on the draft plan before a final plan is produced. The feedback will then be used as input into the final plan. As with the first engagement, it may be in a variety of formats. The third milestone will be a public meeting to present and discuss the preferred alternative in the final plan (to move forward for public hearings and be considered for formal adoption). Task 3.3 — Develop Draft Plan The Consultant, working with the assistance of the City and workgroups, will develop a draft village plan (an Admin. Draft and then a Public Review Draft). This plan is expected to cover all the critical components of the village plan including: o Station area access — for all modes of transportation o Land use — including regulating plan for the core village areas o Public space standards — including standards for vehicular, bicycle, and pedestrian transportation modes, streetscapes, parks o Building form standards — including massing, number of stories, setbacks and yards o Architectural standards — including style, articulation, and materials o Landscape standards — including drought tolerant design o Signage standards o Parking standards City of Redlands Agreement Number 74AO975 Attachment II Page 8 of 13 A density bonus program in conjunction with State law will be developed that includes a residential density bonus based on the provision of a public benefit. Public benefits can include enhanced streetscapes, parks, plazas, public roads, public parking, and public art. In addition, an implementation chapter will be prepared to guide the City's future steps and phases toward buildout of the plan, and will include the Downtown Village area. Meetings will be held with the Planning Commission and Historic & Scenic Preservation Commission to review progress. The draft plan is expected to be about 70% complete and will include narrative supported by tables, charts, sketches, graphics, and photographs. Finally, the Consultant will produce tracked changes text for any amendments that need to be made to the General Plan. Task 3.4 — Develop Final Plan After public input into the draft as well as review by City departments, the Planning Commission, and City officials, a final village plan (Public Hearing Draft) will be produced. A fiscal impact analysis will also be prepared to assess the likely costs and revenues to the City's General Fund associated with such development. The goal is to create a village plan that is self-explanatory and concise. The plan will be a one-stop source for any information needed to develop within the village areas. It will also be very illustrative in order to inform property owners and the public on the vision for each village. • Responsible Party: Consultant (with assistance from the City of Redlands and public input) Task Deliverable Maps, GIS data, materials from previous plans, 3.1 analysis 3.2 Presentations, concept sketches, meeting notes 3.3 Draft plan 3.4 Final plan 4. Task Title — Develop University Village Plan Task 4.1 — Data Gathering and Analysis The Consultant, working with the assistance of the City and workgroups, will gather background data and information necessary for the project. This includes information and data on land uses, transportation, housing, public utilities, public safety, parks and open spaces, historic and cultural resources, and potential hazards. This data is available in a variety of types including previous plans, maps, and GIS data. Since much of this information was collected for the General Plan update effort, some efficiencies are envisioned in the tasks. In addition, the Consultant will prepare a market analysis technical report to assess dwelling unit and commercial absorption. The Consultant will also meet with pertinent stakeholders identified in the Outreach and Communication Plan. Then, the existing conditions of the villages will be mapped and analyzed. City of Redlands Agreement Number 74AO975 Attachment II Page 9 of 13 Task 4.2 — Public Engagement The Consultant, working with the assistance of the City and workgroups, and using the guidance from the Outreach and Communication Plan, will conduct public engagement efforts at three key milestones in the project timeline. The first milestone will be at the beginning of the development of the draft plan but after some data gathering and analysis has occurred. These engagements may be in a variety of formats — public workshop, charrette, presentation, town hall, open house, on-line survey, etc. or a combination of these. The outreach methods will be tailored to the specific village under study for the best results. The second milestone of public engagement will be after a draft plan has been developed. This will give the public an opportunity to react and comment on the draft plan before a final plan is produced. The feedback will then be used as input into the final plan. As with the first engagement, it may be in a variety of formats. The third milestone will be a public meeting to present and discuss the preferred alternative in the final plan (to move forward for public hearings and be considered for formal adoption). Task 4.3 — Develop Draft Plan The Consultant, working with the assistance of the City and workgroups, will develop a draft village plan (an Admin. Draft and then a Public Review Draft). This plan is expected to cover all the critical components of the village plan including: o Station area access — for all modes of transportation o Land use — including regulating plan for the core village areas o Public space standards — including standards for vehicular, bicycle, and pedestrian transportation modes, streetscapes, parks o Building form standards — including massing, number of stories, setbacks and yards o Architectural standards — including style, articulation, and materials o Landscape standards — including drought tolerant design o Signage standards o Parking standards A density bonus program in conjunction with State law will be developed that includes a residential density bonus based on the provision of a public benefit. Public benefits can include enhanced streetscapes, parks, plazas, public roads, public parking, and public art. In addition, an implementation chapter will be prepared to guide the City's future steps and phases toward buildout of the plan, and will include the University Village area. Meetings will be held with the Planning Commission and University representatives to review progress. The draft plan is expected to be about 70% complete and will include narrative supported by tables, charts, sketches, graphics, and photographs. Finally, the Consultant will produce tracked changes text for any amendments that need to be made to the General Plan. Task 4.4 — Develop Final Plan After public input into the draft as well as review by City departments, the Planning Commission, and City officials, a final village plan (Public Hearing Draft) will be produced. A fiscal impact analysis will also be prepared to assess the likely costs and revenues to the City's General Fund associated with such development. The goal is to create a village plan that is self-explanatory and concise. The plan will be a one-stop source for any information needed to develop within the village City of Redlands Agreement Number 74A0975 Attachment II Page 10 of 13 areas. It will also be very illustrative in order to inform property owners and the public on the vision for each village. • Responsible Party: Consultant (with assistance from the City of Redlands and public input) Task Deliverable Maps, GIS data, materials from previous plans, 4.1 analysis 4.2 Presentations, concept sketches, meeting notes 4.3 Draft plan 4.4 Final plan 5. Task Title — Develop New York Street I ESRI Village Plan Task 5.1 — Data Gathering and Analysis The Consultant, working with the assistance of the City and workgroups, will gather background data and information necessary for the project. This includes information and data on land uses, transportation, housing, public utilities, public safety, parks and open spaces, historic and cultural resources, and potential hazards. This data is available in a variety of types including previous plans, maps, and GIS data. Since much of this information was collected for the General Plan update effort, some efficiencies are envisioned in the tasks. In addition, the Consultant will prepare a market analysis technical report to assess dwelling unit and commercial absorption. The Consultant will also meet with pertinent stakeholders identified in the Outreach and Communication Plan. Then, the existing conditions of the villages will be mapped and analyzed. Task 5.2 — Public Engagement The Consultant, working with the assistance of the City and workgroups, and using the guidance from the Outreach and Communication Plan, will conduct public engagement efforts at three key milestones in the project timeline. The first milestone will be at the beginning of the development of the draft plan but after some data gathering and analysis has occurred. These engagements may be in a variety of formats — public workshop, charrette, presentation, town hall, open house, on-line survey, etc. or a combination of these. The outreach methods will be tailored to the specific village under study for the best results. The second milestone of public engagement will be after a draft plan has been developed. This will give the public an opportunity to react and comment on the draft plan before a final plan is produced. The feedback will then be used as input into the final plan. As with the first engagement, it may be in a variety of formats. The third milestone will be a public meeting to present and discuss the preferred alternative in the final plan (to move forward for public hearings and be considered for formal adoption). Task 5.3 — Develop Draft Plan The Consultant, working with the assistance of the City and workgroups, will develop a draft village plan (an Admin. Draft and then a Public Review Draft). This plan is expected to cover all the critical components of the village plan including: City of Redlands Agreement Number 74AO975 Attachment II Page 11 of 13 o Station area access — for all modes of transportation o Land use — including regulating plan for the core village areas o Public space standards — including standards for vehicular, bicycle, and pedestrian transportation modes, streetscapes, parks o Building form standards — including massing, number of stories, setbacks and yards o Architectural standards — including style, articulation, and materials o Landscape standards — including drought tolerant design o Signage standards o Parking standards A density bonus program in conjunction with State law will be developed that includes a residential density bonus based on the provision of a public benefit. Public benefits can include enhanced streetscapes, parks, plazas, public roads, public parking, and public art. In addition, an implementation chapter will be prepared to guide the City's future steps and phases toward buildout of the plan, and will include the New York Street / ESRI Village area. Meetings will be held with the Planning Commission and ESRI representatives to review progress. The draft plan is expected to be about 70% complete and will include narrative supported by tables, charts, sketches, graphics, and photographs. Finally, the Consultant will produce tracked changes text for any amendments that need to be made to the General Plan. Task 5.4 — Develop Final Plan After public input into the draft as well as review by City departments, the Planning Commission, and City officials, a final village plan (Public Hearing Draft) will be produced. A fiscal impact analysis will also be prepared to assess the likely costs and revenues to the City's General Fund associated with such development. The goal is to create a village plan that is self-explanatory and concise. The plan will be a one-stop source for any information needed to develop within the village areas. It will also be very illustrative in order to inform property owners and the public on the vision for each village. Responsible Party: Consultant (with assistance from the City of Redlands and public input) Task Deliverable Maps, GIS data, materials from previous plans, 5.1 analysis 5.2 Presentations, concept sketches, meeting notes 5.3 Draft plan 5.4 Final plan City of Redlands Agreement Number 74AO975 Attachment II Page 12 of 13 6. Task Title — Financial Management Task 6.1 — Invoicing City staff will oversee the invoicing of the project including collecting and validating hours and other direct costs from the consultant and submitting them to Caltrans with documentation of funds spent by the City. Task 6.2 — Quarterly Reporting City staff will provide the quarterly reports to Caltrans documenting the progress to date on the scope of work, tasks completed, funds expended, and progress relative to schedule. • Responsible Party: City of Redlands Task I Deliverable 6.1 Purchase order, invoices 6.2 Quarterly reports After the final drafts of the transit village plans are substantially complete (estimated to be approximately nine months after commencing work), the City, with its own funds, will undertake any environmental work (e.g., Environmental Impact Report, or Subsequent/Supplemental EIR, etc.) needed to complete the planning process required for adoption. Task 1.1 1.2 1.3 2 2.1 2.2 3 3.1 3.2 3.3 3.4 California Department of Transportation Sustainable Transportation Planning Grants Fiscal Year 2017-18 PROJECT TIMELINE City of Redlands Agreement Number 74AO975 Attachment II Page 13 of 13 Project Title Redlands Transit Village Specific Plans Grantee City of Redlands Fund Source Fiscal Year 2017I/I8I I 120181191 I I I FY 2019/201 �ocat r.ocat I I I I IJ JI,4�SIO�N D J F IYIAIMIJIJ ASS O�NID J F IJP Responsible Total Grant Cash In -Kind Ail Oil trll Al N9 Party Cost Amount Match Match J S N D J F :t Initiation and Adminis - tion ant selection City of Redlands kick-off meeting & site tours Consultant & City $13,78 $4,000 $9,785 Management Consultant&City $19,740 $8000 $11,740 1 m Outreach Planning r - lop public outreach plan Consultant $14,280 $9,000 I $5,280 lop protect website Consultant $13,380 $8,000 $5,380 l ?lop Downtown Village Pla � ` - gathering and analysis Consultant $48,380 $42,000 $6,380 engagement Consultant $27,570 $23,000 $4,570 lop draft plan Consultant $145,375 $125,000 $20,375 lop final plan Consultant $37,225 $31,000 $6,225 II I I 4 IDevelop, University Village Pla 4.1 Data gathering and analysis Consultant $33,530 $28,000 $5,530 4.2 Public engagement I Consultant $12,980 $10,000 $2,980 4.3 Develop draft plan I Consultant $103,710 $84,000 $19,710 4.4 Develop final plan I Consultant 1 $29,770 $25,000 $4,770 5 Develop New York StreeUESRI 'Mage Plan 5.1 Data gathering and analysis I Consultant $43,545 $37p00 $6,545 5.2 Public engagement Consultant $24,560 $20,000 $4,560 5.3 Develop draft plan I Consultant $136,415 $116,000 $20,415 5.4 Develop final plan Consultant 1 1 1 $35,590 $30,000 $5,590 6 Financial Management 6.1 Invoicing City of Retllantls $1Q300 $10,300 6.2 Submit quarterly reports City 8 Consultant $4,000 $4,000 1 J TOTA I 1 $754,115 $600,00 I $154,115 114 Deliverable Final contract Agenda, minutes. notes Agendas, notes, electronic files Outreach andmmunications plan Project webs;co& updates GIS data, documents. analysis stations, concept sketches, notes . Draft and Public Review Draft plans Hearing Draft and Approved plans GIS data, documents, analysis stations, concept sketches, notes i. Draft and Public Review Draft plans Hearing Draft and Approved plans GIS data, documents, analysis italions, concept sketches, notes stralive Draft plan Hearing Draft and Approved plans Reimbursement of indirect costs is allowable upon approval of an Indirect Cost Allocation Plan for each year of project activities. Provide rate if indirect costs are included in the project budget. Approved Indirect Cost Rate: O%f%. (Consultant travel, printing, and other direct costs will be passed through with no markup.) reports Note: Each task must contain a grant amount and a local cash match amount. Local cash match must be proportionally distributed by the same percentage throughout each task. Local in-kind match needs to be indicated where in-kind services will be used. Please review the grant program section that you are applying to for details on local match requirements. The project timeline must be consistant with the scope of work.