HomeMy WebLinkAboutContracts & Agreements_49-2007Fund Transfer Agreement - Orange Blossom Trail - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the
City Council unanimously approved a fund transfer agreement with the
State of California, Department of Transportation, for the preparation of a
conceptual plan for the Orange Blossom Trail and authorized the Mayor to
execute, and the City Clerk to attest to, the document on behalf of the City
Agreement - Kiosk Signs - On motion of Councilmember Gilbreath, seconded
by Councilmember Gallagher, the City Council unanimously approved an
agreement with Inland Directional Sign for the design, maintenance and
management of real -estate -for -sale "kiosk" signs and authorized the Mayoi to
execute, and the City Clerk to attest to, the document on behalf of the City
Fee Waiver - Showmobile - American Cancer Society - On motion of
Councilmembei Gilbreath, seconded by Councilmember GalIaghei, the City
Council unanimously approved the request for a fee waiver of $1,100 00 in fees
for the American Cancer Society for the two-day use of the City's Showmobile
providing that certain other requirements noted in the rental contract are met for
towing, set-up, deposit, insurance coverage and rental period
AB 57 - Safe Routes to School - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously
authorized the Mayor to sign a letter supporting Assembly Bill 57 which seeks
to eliminate the sunset date for the Safe Routes to School program
Proclamation - National CDBG Week 2007 - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously authorized issuance of a proclamation declaring the week of
April 9-15, 2007, as National Community Development Week 2007
Appointments - Street Tree Committee - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously reappointed Shelli Stockton to another four-year term on the Street
Tree Committee ending February 16, 2011, as recommended by Mayor
Harrison On motion of Councilmembei Gilbreath, seconded by
Councilmember Gallagher, the City Council unanimously reappointed Char
Burgess to another four-year terra on the Street Tree Committee ending
February 16, 2011, as recommended by Mayor Harrison (required a 4/5 vote of
the City Council)
Proclamation - Relay for Life Weekend - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously authorized issuance of a proclamation declaring the weekend of
March 31 -April 1, 2007, as Reiay for Life Weekend
March 20 2007
Page 2
Agreement No 74A0315
City of Redlands
Page 1 of 12
FUND TRANSFER AGREEMENT
THIS FUND TRANSFER AGREEMENT (FTA), ENTERED INTO ON March 1, 2007, is between
the State of California, acting by and through its Department of Transportation, referred to herein
as DEPARTMENT, and the City of Redlands hereinafter referred to as AGENCY
RECITALS
1 DEPARTMENT and AGENCY pursuant to Streets and Highways Code section 114 (b),
are authorized to enter in this FTA pertaining to State funding committed for
Transportation studies and planning under the jurisdiction of AGENCY
2 AGENCY has agreed to implement the Orange Blossom Trail, hereinafter the Project,
subject to the terms and conditions of this FTA The Project Description (Scope of Work
and Cost Estimate) is attached hereto as Attachment III
3 The resolution adopting the Project described above is attached hereto as Attachment II
This resolution authorizes AGENCY to execute contracts and agreements
4 All services performed by AGENCY pursuant to this FTA are intended to be performed in
accordance with all applicable Federal, State, and AGENCY laws, ordinances,
regulations and DEPARTMENT encroachment permits, published manuals policies and
procedures
5 Project funding is as follows
FUND TITLE FUND SOURCE DOLLAR AMOUNT
SHA State of California $68,300 00
6 This FTA is exempt from legal review and approval by the Department of General
Services, pursuant to PCC Section 10295
SECTION I
AGENCY AGREES
1 To satisfactorily complete all Project Work described in Attachment III
2 a To comply with the following requirements to ensure the preservation, security, and
integrity of State-owned data on portable computing devices and portable electronic
storage media
1 Encrypt all State-owned data stored on portable computing devices and portable
electronic storage media using government -certified Advanced Encryption
Standard (AES) cipher algorithm with a 256 -bit or 128 -bit encryption key to
protect DEPARTMENT data stored on every sector of a hard drive, including
temp files, cached data, hibernation files, and even unused disk space
Data encryption shall use cryptographic technology that has been tested and
approved against exacting standards, such as FIPS 140-2 Security
Requirements for CrypgrOtiono stiw LO
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Agreement No 74A0315
City of Redlands
Page 2 of 12
2 Encrypt, as described above, all State-owned data transmitted from one
computing device or storage medium to another
3 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
4 Install and maintain current anti-virus software, security patches, and upgrades
on all computing devices used during the course of the Agreement
5 Notify the Contract Manager immediately of any actual or attempted violations of
security of State-owned data including lost or stolen computing devices, files, or
portable electronic storage media containing State-owned data
6 Advise the owner of the State-owned data, the agency Information Security
Officer, and the agency Chief Information Officer of vulnerabilities that may
present a threat to the security of State-owned data and of specific means of
protecting that State-owned data
b To use the State owned data only for State purposes under this Agreement
c 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) (SAM sec 4841 2(e)(6))
SECTION II
DEPARTMENT AGREES
DEPARTMENT agrees that when conducting an audit of the costs claimed by AGENCY under
the provisions of this FTA, DEPARTMENT will rely to the maximum extent possible on any prior
audit of AGENCY pursuant to the provisions of State and applicable Federal laws In the absence
of such an audit, work of other auditors will be relied upon to the extent that such work is
acceptable to DEPARTMENT when planning and conducting additional audits
SECTION 111
IT I5 MUTUALLY AGREED
In consideration of the foregoing and the mutual promises of the parties hereto, AGENCY and
DEPARTMENT agree as follows
1 Notification of Parties
a AGENCY's Project Manager is Jon Harrison, telephone (909) 798-7533
b DEPARTMENT s Contract Manager is John Chiu, telephone (909) 388-7139
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
Civic Center
Attention Jon Harrison
P 0 Box 3005
Redlands, CA 92373-1505
Agreement No 74A0315
City of Redlands
Page 3 of 12
California Department of Transportation
District 8 Community Planning
Attention John Chiu
464 West Fourth Street, 6th Floor
San Bernardino CA 92401-1400
2 Period of Performance
Work under this FTA shall begin on March 1 2007 contingent upon approval of this FTA
by DEPARTMENT, and will terminate on February 28, 2009, unless extended by
amendment
3 Changes in Terms/Amendment
This FTA may only be amended or modified by mutual written agreement of the parties
4 Termination
This FTA may be terminated by either party for any reason by giving written notice to the
other party at least thirty (30) days in advance of the effective date of such termination
In the event of termination by said notice, funds reimbursed to AGENCY will include all
authorized non -cancelable obligations and prior costs incurred
5 Cost Limitation
a The total amount payable to AGENCY pursuant to this FTA by DEPARTMENT
shall not exceed $68,300 00
b It is agreed and understood that this FTA fund limit is an estimate and that
DEPARTMENT will only reimburse the cost of services actually rendered as
authorized by the DEPARTMENT Contract Manager at or below that fund
limitation established hereinabove
6 Allowable Costs
a The method of payment for this FTA will be based on actual allowable costs
DEPARTMENT will reimburse AGENCY for expended actual allowable direct
and indirect costs, including, but not limited to labor costs, employee benefits,
and travel (overhead is reimbursable only if the AGENCY has an approved
indirect cost allocation plan) and contracted consultant services costs incurred
by AGENCY in performance of the Project work not to exceed the cost
reimbursement limitation set forth in 5 a, above Actual costs shall not exceed
the estimated wage rates, labor costs, travel and other estimated costs and fees
set forth in Attachment III without prior written agreement between
DEPARTMENT and AGENCY
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
Effective Date of this FTA and before the Termination Date, but must have also
paid for those costs to claim any reimbursement
c Travel expenses and per diem rates are not to exceed the rate specified by the
State of California Department of Personnel Administration for similar employees
{i
e non -represented employees) unless written verification is supplied that
government hotel rates are not commercially available to AGENCY, or its
Agreement No 74A0315
City of Redlands
Page 4 of 12
contractors, its subcontractors, and/or its subrecipients at the time and location
required as specified in the California Department of Transportation's Travel
Guide Exception Process
d DEPARTMENT will reimburse AGENCY for all allowable Project costs no more
frequently than monthly in arrears as promptly as DEPARTMENT fiscal
procedures permit upon receipt of itemized signed invoices in triplicate Invoices
shall reference this FTA Number and shall be signed and submitted to the
Contract Manager at the following address
California Department of Transportation
District 8 Community Planning
Attention John Chiu
464 West Fourth Street, 6th Floor
San Bernardino, CA 92401-1400
e Invoices shall include the following information
1 Names of the AGENCY Personnel performing work
2 Dates of Service
3 Locations of Service (AGENCY - address)
7 Reports
a AGENCY shall submit written progress reports with each set of invoices to allow
the DEPARTMENT's Contract Manager to determine if AGENCY is performing
to expectations, is on schedule, is within funding cost limitations, to
communicate interim findings, and to afford occasions for airing difficulties
respecting special problems encountered so that remedies can be developed
b Any document or written report prepared as a requirement of this FTA shall
contain, in a separate section preceding the main body of the document, the
number and dollar amounts of all contracts and subcontracts relating to the
preparation of those documents or reports
c AGENCY will provide five (5) copies and one (1) electronic version of the final
written report to the DEPARTMENT'S Contract Manager
8 Local Match Funds
a Except where expressly allowed in writing herein, reimbursement of credits for
local matching funds will be made or allowed only for work performed on and
after the start date and prior to the termination date of this FTA, unless
expressly permitted as local match expenditures made prior to the effective date
of this FTA pursuant to Government Code section 14529 17 or by prior executed
SB 2800 FTA for Local Match Fund Credit
b AGENCY agrees to contribute at least the statutorily or other required local
contribution of matching funds (other than state or federal funds), if any is
specified within this FTA or in any Attachment hereto, toward the actual cost of
the services described in Attachment 111 or the amount, if any described in an
executed SB 2800 (Streets and Highways Code Section 164 53) agreement for
local match fund credit, whichever is greater AGENCY shall contribute not less
than its required match amount toward the services described herein on a
Agreement No 74A0315
City of Redlands
Page 5 of 12
proportional monthly or quarterly basis coinciding with its usual invoicing
frequency
9 Cost Principles
a AGENCY agrees to comply with Office of Management and Budget Circular A
87 Cost Principles for State and Local Government, and 49 CFR, Part 18,
Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments
b AGENCY agrees, and will assure that its contractors and subcontractors will be
obligated to agree, that (a) Contract Cost Principles and Procedures 48 CFR,
Federal Acquisition Regulations System, Chapter 1, Part 31, et seq , shall be
used to determine the allowability of individual Project cost items and (b) all
parties shall comply with Federal administrative procedures in accordance with
49 CFR Part 18 Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments Every sub -recipient
receiving Project funds as a contractor or sub contractor under this FTA shall
comply with Federal administrative procedures in accordance with 49 CFR, Part
18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
c Any Project costs for which AGENCY has received payment or credit that are
determined by subsequent audit to be unallowable under Office of Management
and Budget Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are
subject to repayment by AGENCY to DEPARTMENT Should AGENCY fail to
reimburse moneys due DEPARTMENT within thirty (30) days of discovery or
demand, or within such other period as may be agreed in writing between the
Parties hereto, DEPARTMENT is authorized to intercept and withhold future
payments due AGENCY from DEPARTMENT or any third -party source,
including, but not limited to, the State Treasurer the State Controller or any other
fund source
d AGENCY agrees to include Project in the schedule of projects to be examined in
AGENCY's annual audit and in the schedule of projects to be examined under its
single audit prepared in accordance with Office of Management and Budget
Circular A-133
e Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must
prepare and submit annually to the DEPARTMENT an indirect cost rate proposal
and a central service costs allocation plan (if any) in accordance with Office of
Management and Budget Circular A-87 and Local Program Procedures Manual
(LLP 04-10)
10 Americans with Disabilities Act
By signing this FTA AGENCY assures DEPARTMENT that it complies with the
applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which
prohibits discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA (42 U S C 12101 et seq )
11 indemnification
a Nothing in the provisions of the Agreement is intended to create duties or
obligations to or rights in third parties to this Agreement or affect the legal liability
Agreement No 74A0315
City of Redlands
Page 6 of 12
of either party to the agreement by imposing any standard of care with respect to
the operation maintenance and repair of State highways different from the
standard of care imposed by law
b Neither DEPARTMENT nor any officer or employee thereof is responsible for any
damage or liability occurring by reason of anything done or omitted to be done by
AGENCY under or in connection with any work, authority or jurisdiction
delegated to AGENCY under this FTA It is understood and agreed that
pursuant to Government Code section 895 4, AGENCY shall fully defend,
indemnify and save harmless DEPARTMENT, its officers and employees from all
claims, suits or actions of every name, kind and description brought for or on
account of injury (as defined in Government Code section 810 8) occurring by
reason of anything done or omitted to be done by AGENCY under or in
connection with any work, authority or jurisdiction delegated to AGENCY under
this FTA
12 Non -Discrimination
a During the performance of this FTA, AGENCY and all of its subcontractors if
any, shall not unlawfully discriminate harass or allow harassment, against any
employee or applicant for employment because of sex, race color, ancestry,
religious creed, national origin disability (including HIV and AIDS), mental
disability, medical condition (cancer), age (over 40), marital status, denial of
family and medical care leave, and denial of pregnancy disability leave
AGENCY and its subcontractors shall ensure that the evaluation and treatment
of their employees and applicants for employment are free from such
discrimination and harassment AGENCY and its sub -contractors shall comply
with the provisions of the Fair Employment and Housing Act (Government Code
Section 12900 et seq ) and the applicable regulations promulgated thereunder
(California Code of Regulations Title 2, Section 7285 0 et seq) The applicable
regulations of the Fair Employment and Housing Commission implementing
Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title
2 of the California Code of Regulations, are incorporated into this FTA by this
reference and are made a part hereof as if set forth in full AGENCY and its
subcontractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other
agreement
b AGENCY shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under this FTA
13 Funding Requirements
a It is mutually understood between the parties that this FTA may have been
written for the mutual benefit of both parties in order to avoid program and fiscal
delays that would occur if the FTA was executed only after ascertaining the
availability of a congressional or legislative appropriation of funds
b This FTA is valid and enforceable only if sufficient funds are made available to
DEPARTMENT by the United States Government and/or the California State
Legislature for the purpose of this Project In addition, this FTA is subject to any
additional restrictions, limitations, conditions, or any statute enacted by the
Agreement No 74A0315
City of Redlands
Page 7 of 12
Congress or the State Legislature that may affect the provisions, terms or
funding of this FTA in any manner
c It is mutually agreed that if the Congress or the State Legislature does not
appropriate sufficient funds for the program and Project, this FTA shall be
amended to reflect any reduction in funds
d DEPARTMENT has the option to void this FTA under the thirty (30) day
termination clause or to amend this FTA to reflect any reduction of funds In the
event of an unscheduled termination, the DEPARTMENT Contract Manager may
reimburse AGENCY is accordance with the provisions of Article 4 of this Section
111
14 Records Retention
a AGENCY, its contractors and subcontractors shall establish and maintain an
accounting system and records that properly accumulate and segregate incurred
Project costs and matching funds by line item for the Project The accounting
system of AGENCY its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles (GAAP), enable the determination of
incurred costs at interim points of completion and provide support for
reimbursement payment vouchers or invoices All accounting records and other
supporting papers of AGENCY, its contractors and subcontractors connected
with Project performance under this FTA shall be maintained for a minimum of
three years from the date of final payment to AGENCY and shall be held open to
inspection, copying, and audit by representatives of DEPARTMENT the
California State Auditor, and auditors representing the federal government
Copies thereof will be furnished by AGENCY, its contractors, and its
subcontractors upon receipt of any request made by DEPARTMENT or its
agents In conducting an audit of the costs and match credits claimed under this
FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit
of AGENCY pursuant to the provisions of tederal and State law In the absence
of such an audit, any acceptable audit work performed by AGENCY's external
and internal auditors may be relied upon and used by DEPARTMENT when
planning and conducting additional audits
b For the purpose of determining compliance with Title 21, California Code of
Regulations, Section 2500 et seq , when applicable, and other matters connected
with the performance of AGENCY'S contracts with third parties pursuant to
Government Code section 8546 7, AGENCY, AGENCY's contractors and
subcontractors and DEPARTMENT shall each maintain and make available for
inspection all books, documents, papers, accounting records, and other evidence
pertaining to the performance of such contracts, including, but not limited to, the
costs of administering those various contracts All of the above referenced
parties shall make such materials available at their respective offices at all
reasonable times dunng the entire Project period and for three years from the
date of final payment to AGENCY under this FTA DEPARTMENT, the
California State Auditor, or any duly authorized representative of DEPARTMENT
or the United States Department of Transportation, shall each have access to
any books, records, and documents that are pertinent to a Project for audits,
examinations excerpts and transactions, and AGENCY shall furnish copies
thereof if requested
c AGENCY, its contractors and subcontractors will permit access to all records of
employment, employment advertisements, employment application forms and
Agreement No 74A0315
City of Redlands
Page 8 of 12
other pertinent data and records by the State Fair Employment Practices and
Housing Commission, or any other agency of the State of California designated
by DEPARTMENT, for the purpose of any investigation to ascertain compliance
with this FTA
15 Disputes
a Any dispute concerning a question of fact arising under this FTA that is not
disposed of by agreement shall be decided by the DEPARTMENT Contract Officer,
who may consider any written or verbal evidence submitted by AGENCY
b Neither the pendency of a dispute nor its consideration by the Contract Officer will
excuse AGENCY from full and timely performance in accordance with the tem -is of
the FTA
16 Subcontractors
AGENCY shall perform the work contemplated with resources available within its own
organization and no portion of the work shall be subcontracted without written
authorization by DEPARTMENT`s Contract Manager, unless expressly included
(subcontractor identified) in Attachment ill Any subcontract in excess of $25,000 entered
into as a result of this FTA shall contain all the provisions stipulated in this FTA to be
applicable to AGENCY's subcontractors
17 Third Party Contracting
a AGENCY shall not award a construction contract over $10 000 or other
contracts over $25 000 [excluding professional service contracts of the type
which are required to be procured in accordance with Government Code
Sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for
work to be performed under this FTA without the prior written approval of
DEPARTMENT Contracts awarded by AGENCY if intended as local match
credit, must meet the requirements set forth in this FTA regarding local match
funds
b Any subcontract entered into by AGENCY as a result of this FTA shall mandate
that travel and per diem reimbursements and third -party contract
reimbursements to subcontractors will be allowable as Project costs only after
those costs are incurred and paid for by the subcontractors
c If local match is a requirement of these funds, AGENCY must ensure that local
match funds used for the Project meet the requirements outlined in this FTA in
the same manner as is required of all other Project expenditures
d In addition to the above, the preaward requirements of third party
contractor/consultants with local agencies must be consistent with Local
Program Policy (LPP 00-05)
18 Labor Code Compliance
AGENCY shall include in all subcontracts funded by this FTA which contemplates the
actual construction of a public works project paid for by funds allocated under this FTA, a
clause that requires each subcontractor to comply with California Labor Code
requirements that all workers employed on public works projects (as defined in California
Agreement No 74A0315
City of Redlands
Page 9 of 12
Labor Code 1720-1815) will be paid not less than the general prevailing wage rates
predetermined by the Director of the State Department of industrial Relations
19 Disabled Veterans Business Enterprise
a Should Military and Veterans Code sections 999 et seq be applicable to
AGENCY AGENCY will meet, or make good faith efforts to meet, the 3%
Disabled Veterans Business Enterprises goals (or AGENCY's applicable higher
goals) in the award of every contract for Project work to be performed under this
FTA
b AGENCY shall have the sole duty and authority under this FTA and each
amendment to determine whether these referenced code sections are applicable
to AGENCY and, if so, whether good faith efforts asserted by those contractors
of AGENCY were sufficient as outlined in Military and Veterans Code sections
999 et seq
20 Drug -Free Workplace Certification
By signing this FTA, AGENCY hereby certifies under penalty of perjury under the laws of the
State of California that AGENCY will comply with the requirements of the Drug -Free
Workplace Act of 1990 (Government Code section 8350 et seq ) and will provide a drug-free
workplace by doing all of the following
a Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations, as required by
Government Code section 8355(a)
b Establish a Drug -Free Awareness Program as required by Government Code
section 8355(b) to inform employees about all of the following
1 the dangers of drug abuse in the workplace,
2 the person's or organization's policy of maintaining a drug free workplace,
3 any available counseling rehabilitation and employee assistance
programs, and
4 penalties that may be imposed upon employees for drug abuse violations
c Provide as required by Government Code section 8355(c) that every employee
who works on the proposed contract or grant
1 will receive a copy of the company's drug-free policy statement, and
2 will agree to abide by the terms of the company's statement as a condition
of employment on the contract or grant
Failure to comply with these requirements may result in suspension of payments under this
FTA or termination of this FTA or both, and AGENCY may be ineligible for the award of any
future state contracts if DEPARTMENT determines that any of the following has occurred
(1) AGENCY has made a false certification or, (2) AGENCY violates the certification by
failing to carry out the requirements as noted above
Agreement No 74A0315
City of Redlands
Page 10 of 12
21 Relationship of Parties
It is expressly understood that this is an agreement is executed by and between two
independent governmental entities and that this is not intended to, and shall not be
construed to, create the relationship of agent servant, employee, partnership, point
venture or association, or any other relationship whatsoever other than that of an
independent party
22 Equipment Purchase (By AGENCY)
a Prior authorization in wntrng by the DEPARTMENT Contract Manager shall be
required before AGENCY enters into any non -budgeted purchase order or
subagreement exceeding $500 for supplies equipment, or consultant services
AGENCY shall provide an evaluation of the necessity or desirability of incurring
such costs
b For the purchase of any item service or consulting work not covered in the attached
Project Description (Attachment HI) and exceeding $500, three competitive
quotations must be submitted with the request or the absence of bidding must be
adequately justified, and prior authorization must be obtained from the
DEPARTMENT s Contract Manager
c Any equipment purchased as a result of this FTA rs subject to the following
AGENCY shall maintain an inventory record for each piece of non -expendable
equipment purchased or built with funds provided under the terms of this FTA
The inventory record of each piece of such equipment shall include the date
acquired total cost serial number, model identification (on sale, in accordance
with established DEPARTMENT procedures, purchased equipment) and any
other information or description necessary to identify said equipment Non -
expendable equipment so inventoried are those items of equipment that have a
normal life expectancy of one year or more and an approximate unit price of
$5 000 or more In addition, theft -sensitive items of equipment costing less than
$5,000 shall be inventoried A copy of the inventory record must be submitted to
DEPARTMENT upon request by DEPARTMENT
d At the conclusion of the FTA or if the FTA is terminated, AGENCY may either
keep the equipment and credit DEPARTMENT in an amount equal to its fair
market value or sell such equipment at the best price obtainable at a public or
private sale in accordance with established DEPARTMENT procedures and
credit DEPARTMENT in an amount equal to the sales price If AGENCY elects
to keep the equipment, fair market value shall be determined, at AGENCY
expense, on the basis of a competent, independent appraisal of such equipment
Appraisals shall be obtained from an appraiser mutually agreeable to
DEPARTMENT and AGENCY If 4 AGENCY is determined to sell the
equipment the terms and conditions of such sale must be approved in advance
by DEPARTMENT
e CFR 49, Part 18 requires a credit to Federal funds when participating equipment
with a fair market value greater than $5,000 is credited to the Project
f Any subagreement entered into as a result of this FTA shall contain all of the
provisions of this Article
Agreement No 74A0315
City of Redlands
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23 Disabled Access Review
Disabled access review by the Department of General Services (Office of State Architect)
is required for the construction of all publicly funded buildings, structures, sidewalks,
curbs and related facilities No construction contract will be awarded by AGENCY unless
AGENCY plans and specifications for such facilities conform to the provisions of sections
4450 and 4454 of the California Government Code if applicable Further requirements
and guidance are provided in Title 24 of the California Administrative Code and the
Americans with Disabilities Act (42 USC 12101, et seq )
24. Fire Marshal Review
The State Fire Marshal adopts building standards for fire safety and panic prevention
Such regulations pertain to fire protection design and construction, means of egress and
adequacy of exits, installation of fire alarms, and fire extinguishment systems for any
DEPARTMENT owned or DEPARTMENT occupied buildings per Section 13108 of the
Health and Safety Code When applicable, AGENCY must assure that any relevant
Project plans meet the standards of the State Fire Marshal to ensure consistency with
DEPARTMENT fire protection standards
25 Environmental Clearance
Environmental clearance of Project by AGENCY and/or DEPARTMENT is required prior
to requesting funds for right of way purchase or construction No department or agency
shall request funds nor shall any department/agency board or commission authorize
expenditures of funds for any project, except feasibility or planning studies, which may
have a significant effect on the environment unless such a request is accompanied by an
environmental impact report per California Public Resources Code section 21102 The
California Environmental Quality Act (CEQA), in California Public Resources Code
section 21080(b)(10), does provide an exemption for rail projects which institute or
increase passenger or commuter services on rail or highway rights-of-way already in use
26 Public Work
If this Project will result in the construction, alteration, modification or maintenance of a
"Public Work," as that term is defined in the Labor Code, then AGENCY must conform to
the provisions of the Labor Code applicable to Public Works as set forth in said sections
1720 through 1815, all applicable regulations of the Department of Industrial Relations,
and determinations of coverage as issued by the Director of Industrial Relations
27. Project Close Out
The FTA Expiration Date refers to the last date for AGENCY to incur valid Project costs
or credits and is the date the FTA expires AGENCY has sixty (60) days after that
Expiration Date to make final allowable payments to Project contractors or vendors
prepare the Project Closeout Report, and submit the final invoice to DEPARTMENT for
reimbursement for allowable Project costs Any unexpended Project funds not invoiced
by that sixtieth (60th) day will be reverted and will no longer be accessible to reimburse
late Project invoices
Agreement No 74A0315
City of Redlands
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ATTACHMENTS
The following attachments are incorporated into and are made a part of this FTA by this reference
and attachment.
Accounting & Audit Guidelines
II AGENCY Resolution
III Scope of Work, Schedule, and Costs
IN WITNESS WHEREOF, the parties hereto have executed this FTA on the day and year
first herein above written
STATE OF CALIFORNIA CITY OF REDL a DS
DEPARTMENT OF TRANSPORTATION
By
Title Contract Officer
Date
By
Title City Manager, City of Redlands
Date March 28, 2007
By
Title
Date
By
Title
Date
Attachement 1
Agreement No 74A0315
City of Redlands
Page 1 of 5
ACCOUNTING & AUDIT GUIDELINES FOR
CONTRACTS WITH CALTRANS
INTRODUCTION
The purpose of this brochure is to outline for you, a potential contractor with the California State
Department of Transportation (Caltrans), the basic elements of an adequate accounting system,
and the types and objectives of audits that will be performed in relation to your contract In order
to successfully compete for a contract and meet the audit requirements, a contractor (whether a
prime or subcontractor) must have a system of record keeping and internal control Although a
specific cost accounting system is not required, a contractor needs a system which will assure
compliance with the terms of the agreement A preaward audit will be performed to assure you
meet these requirements prior to contract execution If your system is deficient, the contract will
not be executed
Caltrans reimburses, through your overhead rate the costs attributable to establishing and
maintaining a cost accounting system
Staff time and other costs related to an audit performed of your contract are also normally
reimbursed through your overhead rate
ACCOUNTING SYSTEM
Contractors (whether a prime or subcontractor) planning to contract with Caltrans must have an
accounting system which meets the following objectives
• The ability to record and report financial data in accordance with generally accepted
accounting principles
A system of record keeping to ensure that costs billed to Caltrans are
a Supported by adequate documentation
b In compliance with the terms of the contract and applicable Federal and State
regulations specified in the contract
e A system of record keeping which ideally includes the following
a A General Ledger
b Job cost ledger
c Labor distributions
d Time records
e Subsidiary journals
Attachment t
Chart of accounts
Agreement No 74A0315
City of Redlands
Page 2 of 5
g Financial statements
The ability to accumulate and segregate reasonable, allocable (incurred solely for a project)
and allowable (per terms of the contract) costs through the use of a cost accounting system
The following are some of the attributes which would ideally be found in such a system
a A chart of accounts which includes indirect and direct general ledger accounts
Indirect costs are not specifically identified to a project, for example, rent andlor
utilities Direct costs are specifically identified with a project, for example, drafting
hours and/or design hours
b Segregation of costs by contract, category of cost and milestones (if applicable)
c Proper recording of direct and indirect costs For example, recording of labor
costs should provide that non -project indirect hours be recorded on a timesheet
and in the accounting records to an administration, vacation, sick leave or other
indirect cost account/code Direct project hours should be recorded on a
timesheet and in the accounting records to a direct project cost account/code
d Consistent accounting treatment of costs in recording and reporting For
example, if travel expense is charged directly to a project, all travel expense
incurred on any project should be considered a direct cost As a result, project
related travel whether reimbursable per the contract terms or not should not be
included as an indirect cost
e Ability to trace from invoices submitted to Caltrans to job cost records and
original, approved source documents, for example, timesheets, vendor invoices,
canceled checks
f Ability to reconcile job cost records to the accounting records
• Compliance with cost principles described in the Code of Federal Regulations 48, Federal
Acquisition Regulations System (FAR), Chapter 1 Part 31 Information on how to obtain this
regulation is described under Audit Criteria" in this brochure
• Procedures to monitor and adjust projected overhead rates to actual rates
• Controls to ensure that written approval is obtained prior to any changes to the contract
• Procedures to retain accounting records and source documentation as required by the terms
of the contract
• A system of internal control which provides reasonable assurance that assets are protected,
financial data, records and statements are reliable, and errors and irregularities are promptly
discovered, reported, and corrected The elements of a system of internal control should
include but not be limited to, the following
a Separation of duties for proper protection of assets Incompatible duties are
those that place any person in a position to both perpetrate and conceal errors or
irregularities in the normal course of business For example, the person who
writes checks should be different from the person who reconciles bank
statements and the person who purchases goods should be different from the
person who receives goods
Attacheinent I
Agreement No 74A0315
City of Redlands
Page 3 of 5
b Limiting access to assets to only authorized personnel who require these assets
in the performance of their assigned duties For example, blank check stock
should be locked in a safe when not in use
c Authorization and record keeping procedures which provide effective accounting
control over assets, liabilities, revenues, and expenditures
d A system of practices to be followed in the performance of duties and functions
Such a system normally includes policies and procedures which establish the
purpose and requirements of the accounting system For example, timekeeping
practices should ideally provide for the following
Timesheets be prepared, signed, and dated by all employees
Timesheets be completed in non -erasable ink
Timesheet corrections be crossed -out and initialed by the employee
Timesheets be signed by a supervisor as reviewed and retained on file
as required by the contract
e Personnel with skills and training commensurate with their responsibilities
f A system of internal review For example, bank reconciliations and travel
expense claims should be reviewed approved and signed by a supervisor
AUDITS
Contractors, whether a prime or subcontractor performing under a negotiated contract with
Caltrans are subject to the following audits
PREAWARD AUDITS
Prior to the award of a contract, the Caltrans Audits Office will conduct a preaward evaluation to
determine if the contractor s accounting system is adequate to accumulate and segregate costs
as detailed in the previous section and to determine if the proposed costs are reasonable It alerts
both the contractor and Caltrans management to problems relative to the contractor's cost
proposal and cost accounting system Due to time constraints in the award process, your
cooperation in scheduling the preaward audit with short notice will expedite the execution of your
contract
INTERIM AUDITS
Interim audits are performed on an as needed basis During the preaward audit, if it is determined
that the contractor's accounting system is new or minor deficiencies are noted, an interim audit is
scheduled to determine that the system is functioning adequately to ensure that billed costs are
supported and that any deficiencies were corrected An interim audit may be requested by the
contract administrator or by Caltrans management to address concerns during the course of the
contract Also, an audit manager may initiate an interim audit of a long duration contract to ensure
that costs reimbursed to date are allowable
Attachement 1
Agreement No 74A0315
City of Redlands
Page 4 of 5
POST AUDITS
Post audits of contracts are performed routinely after project completion Post audits are
performed to determine whether the costs claimed are allowable, allocable, reasonable, and in
compliance with the Federal and State laws and regulations as well as the fiscal provisions
stipulated in the contract The examination includes reviews of applicable laws and regulations,
the contract requirements and the contractor s system of internal controls Audit tests of the
contractor's accounting records and other auditing procedures considered necessary will also be
made Applications of all audit procedures would also be governed by the individual contract
under audit unsupported or unallowable costs are normally the result of weaknesses in the
accounting system and will be reimbursed to Caltrans
AUDIT CRITERIA
For specific information regarding basic cost accounting systems and applicable State and
Federal regulations, please see the following
Code of Federal Regulations 48, Federal Acquisition Regulations System, Chapter 1, Part 31
This regulation contains cost principles and procedures for the pricing of contracts/subcontracts
and the determination negotiation, or allowance of costs Contact
Superintendent of Documents
Government Printing Office
Washington, DC 20402
(202) 783-3238
California State Administrative Manual
A reference source for statewide policies, procedures, regulations, and information Contact
Documents and Publications
Office of Procurement
Department of General Services
P O Box 1015
North Highlands CA 95660
(916) 973-3700
For review of the above references, contact your local library or the California State Library
California State Library/Library and Courts Budding
914 Capitol Mall
P 0 Box 942837
Sacramento, CA 94237-0001
Information (916) 654-0261
For assistance in establishing an accounting system which will meet the objectives outlined in this
brochure, you should contact an accountant and/or bookkeeper who is familiar with cost
accounting systems
Caltrans is an affirmative action employer Equal opportunity is offered to all regardless of race,
color, creed, national origin, ancestry, sex, marital status, disability, religious or political affiliation,
Attachement 1 Agreement No 74A0315
Clty of Redlands
P1ge 5 of 5
age or sexual orientation Contractors that contract with Caltrans are responsible for taking
necessary and reasonable steps to achieve these same goals
Attachment Il
RESOI.UTION NO 6550
Agreement No 74A0315
City of Redlands
Page 1 of 11
A RESOI UTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS,
CAI IFORNIA ACCEPTING THE I OCAL MATCH REQUIREMENT OF CALTRANS'
COMMUNITY BASED TRANSPORTATION PLANNING GRANT (CBTP) FOR THE
ORkNGE BLOSSOM TRAIL/EAST VALLEY CITRUS HERITAGE LINEAR PARK
AND TRAM AND 1 RAIL AND RESCINDING RESOLUTION NO 6530
WHEREAS, the City of R sllands (` City ) and the County of San Bernardino ("County")
applied for and were awarded a grant from the California Department of Transportation to
prepare a conceptual plan for the development old trail through the City and the unincorporated
arca of the County that will connect to the Santa Ana River Trail, and
WHEREAS, the City and the County seek to combine their resources and respective
grant funding to conduct technical analyses, undertake public outreach, prepare the refined
concept plan, transit operating plan, design documents and conceptual design plans for the trail
which is commonly referred to as the "Orange Blossom frail/East Valley Citrus Heritage Linear
Park and Trail" (the `Orange Blossom Trail"), and
WHEREAS, the City and County propose to enter tato a memorandum of understanding
to document their respective nghls and obligations with regard to the development of the Orange
Blossom Trail, and
WHEREAS, the Board of Supervisors of the County proposes to adopt a resolution to
confirm the establishment of the division of labor and cost sharing to complete the conceptual
plan for the Orange Blossom Trai ;
NOW, THEREFORE, BE IT RESOLVED I3Y THE CITY COUNCIL OF THE CITY
OF REDLANDS AS FOLLOWS
Section I The City Manager of the City is hereby authorized and empowered to execute
all documents, including contracts, subcontracts, agreements, extensions, renewals and/or
amendments required which may be necessary to carry out and administer all obligations,
responsibilities and duties under the grant upon receipt of a fully executed resolution signed by
the Chairman of the Board of Supervisors of the County,
Section 2 The City's Finance Director is hereby authon7ed to establish a separate
interest-beanng grant fund account as needed,
Section 3 1 he City's Finance Director is also hereby authorized to include the Orange
Blossom Trail in the City of Redlands Fiscal Year Capital Improvements Program upon receipt
of a fully executed program supplement,
Section 4 The City's Finance Director is also hereby authorized to appropnate and to
expend funds for the Orange Bl ssoin Trail Grant for the purpose of preppiring a conceptual
design plan,
WM\Rcso%65$0
Attachment I1
Agreement No 74A0315
City of Redlands
Page 2 of 11
FY 2006/2007 CBTP
Grant Funds Requested S68,300 00
Cash Local Match
City of Redlands
(Natural Resource Administrator)
Redlands Conservancy
County of San Bernardino
In -Kind Local Match
City of Redlands
County of San Bernardino
Total Grant
$ 2 100 00
$ 5,000 00
$ 3,10000
$15 700 041
$ 3,500.00
$68,300 00 $29,400.00 $97,700,00
Section 5 Resolution 6530 is herby rescinded
ADOP1 ED, SIGNED AND APPROVED this 3rd Day of October 2006
ATTEST.
tr
City, _Jerk
t1
Mayor the City of Redlands
1, Lome Poyser, City Clerk of the City of Redlands, hereby certify that the foregoing resolution
was adopted by the City Council at a regular meeting thereof, held on the 3rd day of October,
2006 by the following vote
AYES
NOES
ABSENT
ABSTAIN
il! MtifttsoN655U
Councilmembers Gilbreath, Gil, Gallagher, Aguilar Mayor Harrison
None
None
None
Cit C)'lerk
•
ATTN Mary Petite
City of Redlands
P O Box 3005
Redlands CA 92171
August 10, 2006
Attachment I1
Agreement No 74A0315
City of Redlands
Page 3 of 11
REDLANDS CONSERVANCY
P 0 Box a55, Redlands CA 92373• (tom) 792-1100, (sem) 308-7810
w,n,w redlartdsl-oI2.
noir1.44fti — Oat qemeaffre
ATTN Mary Petite
Re• Redlands Conservancy's involvement with the Orange Blossom Trail (Rail Trail) Project
Dear Mary Petite,
The Redlands Conservancy adopted the Orange Blossom Trail Project m 2004 The Board of Directors
unanimously agreed that the project's objective to adaptively rouse active or abandoned rail beds and flood
control easements and convert them to a multi -use trail system through Redlands fits neatly v.ith the Redlands
Conservancy's mission and goals
The Redlands Conservancy provides accounting services for the Orange Blossom Trail Project, receiving and
disbursing funds into and from a separate account, Redlands Conservancy also provides staff support to
develop and disseminate promotional materials including press releases and displays in addition, Redlands
Conservancy assists the project in the sponsorship of the semi-annual Trails at 10 Series, a series of walk bike -
or -ride excursions on Redlands' existing and proposed trans
The Redlands Cons rvanc.y anticipates L.riniinnedd support for the Orange Blossom Trail Project throagii its
establishment and intends to encourage volunteer contributions ()fume and money to facilitate the completion
of the project
Regards,
Shull Leonard, Executive Director
Attachment 1I
RECO Cj13
CITY OF REDLANDS
REDLANDS, CALIFORNIA
CASH TRANSMITTAL ISR
DATE: Nt1-tt°‘,
TO• oFFICE Of THE CifY TREASU Ef
FROM n„ W. ._�. _ DEPARTMENT
b31110111MW1 Crassa $
You are ineltucted to deposit Cf =''
this total and that it be Tart as
distnbut+o-ci as
indicated below
$ 5_,;) a v c,
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Agreement No 74A0315
City of Redlands
Page 4 of 11
Attachment II
Agreement No 74A0315
City of Redlands
Pace 5 of 11
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAFE BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
November 21, 2008
FROM• THOMAS A. POTTER, Director
Regional Parks Department
SUBJECT' ORANGE BLOSSOM TRAIL PLANNING GRANT
RECOMMENDATION.
1 Authorize the County to be a joint redpient with the City of Redlands of a Transportation
Planning Grant from Caltrans in the amount of $68,300 for use in preparing a conceptual
plan for the "Orange Blossom Trail/East Valley Citrus Heritage Linear Park and Trail"
2 Approve Memorandurr of Understanding (MOU) Agreement No 08-1118 with the City of
Redlands to specify respective obligations related to the Transportation Planning Grant for
the "Orange Blossom Trail/East Valley Citrus Heritage Linear Park and Trail' in the
Mentone/City of Redlands area
BACKGROUND INFORMATION' On October 25, 2005, the Board of Supervisors ratified the
action that authorized the submittal of a Joint application with the City of Redlands (City) This
application requested a Community -Based Transportation Planning Grant through Caltrans to
finance the cost of preparing a conceptual plan for the "Orange Blossom Trail/East Valley Citrus
Heritage Linear Park and Trail" in the Redlands and Mentone area The planning grant was
subsequently approved by Caltrans Therefore, the City and County now desire to set forth the
respective rights and obligations with respect to the grant and trail project.
In accordance with this proposed MOU, the City agrees to be the lead agency for grant
management and admintstraton The City will also act as the project lead to complete the
planning and design of the approximately ntne mile non -motorized, multi -use trail proposed to be
constructed through the City and tine unincorporated area of the County known as Mentone The
City will contribute $2,100 in cash and $15,700 of in-kind services The County agrees to
contribute $3,100 in cash, as well as assign a staff representative to serve as the pnncipal
contact to provide information for the project and attend planning meetings as part of a $3.500 in-
kind services contribution
REVIEW BY OTHERS, This item was reviewed by County Counsel (Deputy County Counsel
Fiona Luke, 387-5474) on November 7, 2006 and the County Administrative Office (Tom Forster,
Administrative Analyst, 387-4635) on November 14 2006
CC Parks -- Snelgrove wfMOU
Contractor c/o Parks w/MOU
ACR - Mepco w1MOU
IDS wfMOU
Risk Management
Parks -- Potter
Board of Retirement - Barrett
County Counsel -- Luke
CAO - Forster
File w/Agreement Mo 06-1118
mt (11/21/O6)
MOTION
Pale 1 of 2
Record of Action of the Board of Supervisors
AGREEMENT -NO O.111 fi
APPROVE ,.!" ‘,: CALENDAR)
I> OF SUPS " "!w ORS
0tY, OF $AN.13ARDINO
..las INET NYE MOV
--2 )- .\ 4
E'Rk OF Til : OAR
DMA M S M I
BY
DATED Nover*kl4.•21•,.2bJe
SECOND
5
County of San Bernardino
FAS
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Attachment 11
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Reg*naI Parks CC( CCP
coo De.pa trnent Co nts cru Flepre-r mall -e Tatrephone
vlaureen Snelvave
1009)387 2591
Agreement No 74A03 15
City of Redlands
Paye 6 of 11
ORIGINAL
Contract Number
0(p- i lig
Contractor's License No
Total Contract Amount
C.orrtra of Tyo,s
E� Encunered T Ur)en,,,ir•tocrerJ t t-vr F1JN[71NCI AGREEMEN1
If not encumbered or revenue contract type pruwade reason -- -
Commodity Code
Lontracl Start Date Contract End Data Cngi•xgr -Arm wnt m nttane nl Anwur 1
11/15/2006 . 11/14/2009 S t
F and D•Mflt 0rgrnIza1ion I Appr abil i v Sour S: RC:PROJi .Uf3 tvo
.A CCP ADM ! l@D 2400
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Fund t7Apt
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Anh,trd:Y
5
Amount
PrufOct Name
ORANGC BLOSSOM
TRAIL
FLAT ,AJ 1 FY (` ITPI LS
.J -{FRITS :E PARK :R TPAII
ry
rs1 iEfo Payment Total t* ureal Year
Amount 1,7J EY ArtiOVnt
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
CITY OF REDIANDS
Address
P O BOX 3005
REDLANDS. CA 92373
Tetepbone Federal 10 r+v, x Swig Security No
(909) 798 - 7533
hereinafter called CITY
IT 15 HEREBY AGREED AS FOLLOWS
(Use sisiben below end additional bond sheets Set hxttr sante tObe rendavU amount to be pard. morn* ot paymeett erne for pefforrnenoe or ax' Iron
(*ref-malbort of meatactorypdrformanae and Cause tenntnaLoe other tones and lis. 1rd Iliad) Mot sPOC cetlovld. and erkiendo 8riy
This mcmarttndurs of understanding ("M011") relating to the design of the
Orange Blossom Trail/East Valley Citrus Hcntage Linear Park and Trail is entered into
this 7th day ofNov amber 2006, ("Effective Date") by and between the City of
Redlands a municipal corporation ( 'City") and the County of San Bemardmo a poirtical
subdiviswtt of the State of California (-County')
RECITALS
WNCREA.S the City .and County reccgnixc that civic pride and community stability are tinhanced by the ability of their
respective residents to access recreational faciluie, and
Auditor-leantror:%erRecarder Use Only
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Attachment I1
Agreement No 74A0315
City of Redlands
Pae 7 of 11
WHEREAS the Citv and County desire to plan and design the 'Orange Blossom TrailiFa_st Valley Citrus Heritage Linear Park
and Trail. v,hich is an approximately nine mile nen-motorized multi -use trail that is proposed to be constructed through the City and the
unincorporated area of the County commonly known as ?Armoric to connect to the Santa Ana River Trail ( 'Trail Project ) and
' 11FRF A5 the Trail Project serves City and County purposes by helping to meet the social and recreational needs of the City s
and County s residents by providing such residents with an opportunity to enjoy outdoor activities and
WHEREAS the City and County submitted a grant application to the State of Kalifornia Department of Transportation for a
Caltrans Community Based Transportation Planning Grant (the 'Grant ) to fund the design oldie. Trail Project, and
Wl-EERLAS the City as Recipient and the County as Sub -recipient were jointly awarded the Grant in the amount of Sixty Fight
Thousand Three Hundred Dollars ($68 300) on June 8 2006 and
WHEREAS the City and County wish to agree to undertake certain financial and outer obligations in connection with the Grant
and the trail Project as specified herein, and
WHFREAS the purpose of this MOIJ is to set forth the respective rights and obligations of the City and County in with respect to
the Grant and the Trail Project, including the undertaking of a sturdy to determine the preferred alignment for the Trail Project and
NOW l i HF,RFFOR1: in consideration of the mutual promises contained herein and as described in the Grant Application
Section 6 Project Scope (Attachment A) the City cf Redlands and the County of San Bernardino agree as follows
The City agrees to
1. Act as lead agency for the grant management/administration aitd act as project lead
2 The City shall be responsible for a cash contribution of Two Thousand One Hundred ($2,100)
3 The City shall be responsible for providing in kind' services having a value of Fifteen Thousand Seven Hundred Dollars
(S15 700)
The County agrees to
1 The County shall be responsible for providing a cash contribution of Three Thousand One Hundred Dollars (53.100) The
County shall pay such amount to the Coy within thirty (30) days of the Effective Date of this MOU
2 The County shall be responsible for p voiding 'in kind` services having a value of Three Thousand Five Hundred Dollars
(S3 500)
Both the City and County agree to
1 Agreement Duranori Subject to tartlet termination as provided hereat this Agreement shall be in effect from November 15
2006 through November I4 2009. except for provisions, which by their terms rttt>:ain in effect
2 Designee fhe City and County shall each designate a staff" representative who shall serve as the principal contact for the
purpose of providing information reporting and monitoring the performance of such Party's obligations under this MOU
3. Agency Authority The City and County each warrant to the other that it possesses the legal authority to accept the Grant and to
carry out the terms and conditions of the Grant and this MOU The City and County further each warrant to the other that a
r+sotunon motion or smilax action has been duly adopted or passcxi as an official act of each agency's governing body.
authorizing the execution and performance of this MOU
Goon riling Law This MOIJ shall be goi, erne(' b} and construed in accordance with the laws of the Stine of California
S City Lo%enants that it will comply with Tttk VI of the Civil Rights Act of I%4 (P L 88 352) and with Titk VI of that Act,
providing, in part that no person in the United States shall on the grounds of racr, color, sex, or national origin be excluded
Auditorirontroller-Recorder Use Only
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Agreement No 74A4315
City of Redlands
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from panrcipation ni, be denied the benefits of or be otherwise subjected to discrimination under any program or activity for
which the City receives funding herein City will immediately take any measures necessary to effectuate this covenant
6 City shall provide equal employment and career advancement opportunities for minorities and women in addition. City shall
make every effort to employ residents of the arca and shall keep a record of the positrons that have been created directly as a
result of this program
City shall comply with Executive Orders 11246 11375 11625. 13138, 12432 12250 Tule VII of the Civil Rights Act of 1964
the California I -air F(cusrng and Employment Act County Policy 15-01 and other applicable federal, state and County laws.
regulations and policies relating to equal employment and contracting opportunities. including laws and regulations hereafter
enacted
7 Insurance And Indemnification Clause
A ledemnifeceurre - In addition to the complying with the insurance provisions herein the City shall defend
indemnify and hold harmless the County and its elected officials, officers employees, agents and volunteers from any and all
claims actions. losses damages andoi liability arising from the City's negligent acts errors or omissions and for any costs or
expenses incurred by the County on account of any claim therefore except where such
rndemnilicatton is prohibited by law
fhe County shall defend, indemnify end hold harmless the City and its elected officials, officers employees agents and
volunteers front any and all claims actions. losses, damages, and/or liability arising from the County s negligent acts, errors or
omissions and for any costs or expenses incurred by the City on account of any claim therefore, except where such
indemnification is prohibited by law
In the event that the County and/or City is found to be comparatively at fault for any claim, action. loss, or damage which
resides from their respective obligations under this MOU the County and+or City shall indemnify the other to the extent of its
comparative fault
Funhermore if the County or Ctty attempts to seek recovery from the other for Worker s Compensation benefits pad to an
employee, the County and City agree tit any alleged negligence of the employee shall not be construed against the employer
of that employee
Additional insured - All policies, except for die Workers' Compensation Errors and Omissions and Professional
Liability policies shall contain endorsements naming the County and ns officers, employees, agents and volunteers as
additional insured wish respect to liabilities arising out of the performance of services hereunder, The additional insured
endorsernertts shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County
to the hill extent provided by the policy Such additional insured coverage shall be at least as broad as Additional Insured
(Form B) endorscincint form
C Waive{ of &kimgatrog .tights The City shall requiree the earners of required coverages to waive all nghts of
subrogation against the COUNTY its officers employees agents, volunteers, contractors and subcontractors All general or
auto liability insurance coverage provided shall not prohibit the City a.nd City s employees or agents from waiving the right of
subrogation prior to a loss or claim The City hereby waives all rights of subrogation against the COUNTY
0 Policies Primary and Nun -Contributory All policies required above are to be prineiry and non-coot;ibutory with
any insurance or self insurance programs carred or administered by the County
!. Severabilitti of Interests - The City agrees to ensure that coverage provided to meet these itquieinents is
applicable separately to each insured aid ttere will be no cross liability exclusions that preclude coverage for suits between the
City and the County or between the Contig and any other insured or'additional insured under the policy
Proof a .Coverage Cry shall immediately furnish the. above -required certificates of insurance to t'h? Regional
Parks Department no later than ten days after the City s approval of this Agreement
Aticiftor/Coder ntrotter-RecorUse Oniy
t0 Contract Datatuse 0 FAS
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Agreement No 74A0315
City of Redlands
Paae9ofI1
ie Acceptability of Insuran . Cartier — unless otherwise approved by Risk Management insurance shall be
written by insurers with a minimum "Bast" insurance Guide rating of A V ti`
ll R t nun_ Any and all deductibles or self insured retentions in excess of
SIO t)00 shall be declared to Risk Mane ;merit
failure to Procure Coverage — In the event that any policy of insurance required under this contract dots not
comply with the requirements is not procured or is canceled and not replaced the County has the right but not the obligation
or duty to eancet the contract
,l _yew - Insolence requirements are subject to periodic review by the County The Director of Risk
Management or designee is authorized but not required, to reduce waive or suspend any insurance requirements whenever
Risk Management deterntiries that any of the required insurance is not available. is unreasonably priced, or is not needed to
protect the interests of the County In addition if the Department of Risk Management determines that heretofore unreasonably
priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of
Risk Management or designee is authorized but not required to change the above insurance requirements to require additional
types of insurance coverage or higher coverage limits, provided that any such change is reasonable in tight of past claims
against the County inflation. or any other item reasonably related to the Counrv's risk
Any change requiring additional types of insurance coverage or higher coverage limits must be mutually agreed to by the City
and County
Any failure, actual or alleged on the part of the County to monitor or enforce compliance with any of the insurance and
indemnification requirements will not be deemed as a waiver of any nghts on the part of the County
8 Insurance Specifications—Tie City agrees to provide insurance set forth in accordance with the requirements herein If the i.ity
uses existing covet -age to comply with these requirements and that coverage does not meet the specified requirements, the City
agrees to amend suppktnent or endorse: the existing coverage to do so The type(s) of insurance required is determined by the
scope of the contract services Withoui in anyway affecting the indemnity herein provided and in addition thereto. the City
shall secure and maintain throughout the contract term the following types of insurance with limns as shown
A Workers' Comp ensation'Employefs I(iaiity — A progam of Workers' Compertsatiou insurance or a state -
approved, self insurance program m an amount and form to meet all applicable requirements of the Labor Code of the State of
California. including Employer's Liability with $230.000 limits covering all persons including volunteers providing services on
behalf of the City and all mks to such persons under this contract.
0 Special Excess for Public Entities i jpbihty 1 5i riaice .. The City shall carry General Liability Insurance covering
all operations performed by or on behalf of the City providing coverage for bodily injury and property damage with a combined
single limit of not less than one million dollars (S1,6100,000), per octnrresace
C. Umbrella LiabditLimance An umbrella (over primary) or excess policy may be used to comply with limits
or other primary coverage requirements When used, the umbrella policy shall apply to bodily injury/property damage,
personal injury'advertising injury and shall include a 'dropdown" provision providing primary coverage for any liability not
covered by the primary policy The coverage shall also apply to automobile liability
Any such n`.duction or waiver for the entire term of the Agreement and any change requiring addrnonal types of insurance
coverage or higher coverage limits must be mutually agreed to by the City and County
D If=[nsurance In lieu of the forgoing. the City can provide evidence of self-insurance for the amount set forth
in this agreement
9. Independent Contractor. This Agreemeitt is by and between County and City and is not intended and shall not be construed to
create the relationship alarm servant employee partnership. joint venture. or association between County and City The
employees or agents ofoote party shall not be deemed or construed to be the employees or agents of the other party for any
purpose whaKoever
Audrtoi Controller Recorder Use Only
0 Contract Oartnbasa 0 IAB
input pate
}taped By
Page
Attachment IT
Agreement No 74A0315
City of Redlands
Pace l0 of 11
City is and shall be deemed to be at all that's an independent contractor County shall not be liable for any acts of City and
nothing herein contained shall be construed as creating the relationship of employer and employee between the: panics
A Cay agrccs to be soler) responeible for all maners relating to its employees and contractors including payment,
compliance with Social Security withholding, and payment of any and all federal State and local and personal income
taxes disability insurance unemployment and other tares for such persons including any related assessments or
contributions required by law and all other regulations governing such matters
B The employees and agents of each party and those of their respective customers. shall, while on the premises of the
other. comply with all rules and regulations of the premises including security requirements
C City shall contract for all necessary services to complete authorized Project. and agrees to tomply with all applicable
local County State and federal regulations and statutes
10 Prohibited Activities. City further covenants that H will comply with the requirement that no program under this Contract shall
involve political activities No funds shall be used for lobbying activities
11 Right To Monitor. County shall have absolute nght to review and audit all records books, papers, documents. corporate
minutes and other pertinent items as requested, and shall have absolute right to monitor the performance of City in the delivery
of services provided under this Agreement Full cooperation shall be given by City in any auditing or rnonitonng conducted
l3 entire Contract This Agreement is intended by the parties hereto as a final expression albeit -agreement and understanding
with respect to the subject matter hereeot and as a complete and exclusive statement of the terms hereof and supersedes any and
all prior and contemporaneous agrectneits and understandings This Agreement may be changed or modified only upon the
carmen consist of the parties hereto
13 Amendments, Except as herein provided changes in the terms of this Agreement shall not be valid unless made rn the form of
written amendment to this contract executed by both parties and approved by the County of San Bernardino Board of
Supervisors
14 Severability Of Provistvna if any provision of this Agreement is held to be invalid by the final decision of a court of competent
jurisdiction, the remainder of this Agreement shall not be affected
15 Termination For Convenience County may terminate the Agreement in the whole or rn part when such action is deemed by
County to be in its best interest Termrtuation of work hereunder shall be affected by delivery to City of a Notice of
Termination specifying the extent to which pc -donna= of work under this Agreement is terminated. and the die upon which
such termination becomes effective The date upon which such tem nation becomes effective shall be at least thirty (30) bays
after notice is sent.
16 Assignment.. City shall not assign this Agreement or any monies due or to become due hereunder except as specified in the
terms of this Agreement. without having first obtained the written consent of County Any unexpected funds remaining upon
completion of the term of the contract sial! be returned to the County.
17 i)tsclo HIC of Information Ail infornu.tion received by the County from any source concerning this Agreement including the
Agreement itself may be treated by the. County as public infotmation subject to disclosure under the provisions of the
California Public Record Act, Government Code Section 6250 et seq (the "Public Records Act") City understands that
although ail materials received by the County in connection with this Agreement are intended for the exclusive use of the
County the an potentially subject to sclosure under the provisions of the Public Kt -cords Aci
13o r oteEeletteecgrtekla, City agrees to provide or has already provided information on former County of San Bernardino
administrative officials las defined below) who are employed by or represent City The information provided includes a list of
former county administrative officials who terminated county employment within the last five years and who are now officers
principals. partners. associates or numbers of the business The information also includes the employment with or
AuditorlConttcfar Recorder Use Only
0 Contract Database 0 FAS
input Date Keyed By
1
Attachment 11
Agreement No 74A0315
City of Redlands
Page 11 of 11
representation of City For purposes of this provision county administrative official is defined as a member of the Board of
Supervisors or such officer s staff County Administrative Officer or member of such officer s staff county department or
group head, assistant department or group head, or any employee in the Exempt Group Management Unit or Safety
Managemtent 1. mi
19 Inaccuracies Or Misrepresentations if during the course of the administration of this agreement the County determines that
the City has made a matenal mrsstaterm nt or misrepresentation or that materially inaccurate information has been provided to
the County, this contact rnav be immediately terminated Ifthis contract is terminated accon:lingto this pr3os•ision, the County
is entitled to pursue any available legal remedies
END OF MOU.
AGREE NO 00-111 S
ITEMS 031
COUNT' OF S
Bill Postrn
Dated
SIGNED AN
DOCUME
CHAIRM
ER NAR
0
By
, C`.atrm2 Board of uperv:sors
PY OF THIS
0 THE
Dena 9'1,4mithr
Clerlt of the Bo rd ot6uperrlsors
C.4 tria�. ourrit} r s r. 2 r tnardltio
Approved as to Lcgat
County Counsel
Farr
Date /01C.
AudttorlContraller-Recorder Use Only
t7 COittract Database 0 FAS
input Data Ksyeti 8y
Dater
by Contr ct
CITY Or RED ANDS
(Priest or typo na;r 6 of corpora t Cul oomoony co froctor etc)
By
Name
(Autnarrred signature
;Jon Harrison
11
rr rn tai» ink/
Piers or type name of person siDnine contract.)
Title ttajor
(thin! Type)
Dated _I.!) _______21aymtoy 7 2006
Al ?"(Si
Address ' ar a o r.ttCt !' ( u J005 -14a1 Li )
Redlands, C.ii 923'22
•I 1 -
Prawn el
--
P'ra rnted to s a t'or 5xt
11. rr
oepsovient Reed
Dabs / el tY-
Pam
Attaclunent 111-
Orange
II
Orange Blossom Trail
Planning Project Work Program
Caltrans CBTP Grant
Concise Project Summary
Agreement No 74A0315
City of Redlands
Page 1 of 6
The East Valley Citrus Heritage Linear Park and Trail (aka Orange Blossom Trail or OBT) is a joint
effort between the City of Redlands and the County of San Bernardino The project will revitalize
portions of the AT&SF railroad corridor, the historic Zanja irrigation channel, and other flood control
facilities to create a 9 0 mile multi -use trail through the communities of Redlands and Mentone It will
provide a safe, non -motorized connection of current and future residential areas in these communities
with their education, shopping and employment centers, and the future Metrolink extension to Redlands
The trail will provide economic, recreational and open space benefits to the two communities as well as
the eastern San Bernardino Valley The Orange Blossom trail will connect at each end with the Santa
Ana River Trail (SART), a major recreational trail in Southern California providing linkage to
surrounding park and open space areas
Updated Scope of Work
Task 1 — RFP Consultant Selection/Start
The City of Redlands will prepare an RFP to obtain the services of a consultant to assist with preparation
of the Project Planning Document and Conceptual Alignment The City will issue the RFP, and a
selection committee including the City, County, Redlands Conservancy, and other stakeholder
representatives will select the preferred consultant The City will prepare and execute the contract The
City and County will also establish a project steenng committee of stakeholders that will participate in
review of consultant products during subsequent tasks
Responsible Party
Deliverable products
City of Redlands, County of San Bernardino, Redlands Conservancy
RFP
Selection and contracting of trail planning consultant,
Establish project steenng committee
Task 2 — Project Start, Field Survey, and Site Visits
A Project Startup meeting will be held and be attended by the Consultant, City, County and Steenng
Committee City and County will establish and participate in the project Steering Committee of
stakeholders Schedule, responsibilities and deliverable will be reviewed The schedule and locations
for conununity outreach meetings will be set, and the publicity for these meetings will be initiated The
Consultant will review existing project documents and related materials provided by City and County A
digital format base map in GIS format will be prepared as described in Task 3 It will be used in this
task in both digital and hard copy format to support the field survey and site visit activities Hardcopy
plots of the base map at a scale of not less than 1 inch = 1,000 feet needed by the Consultant for this task
will be provided by the City A digital version of the base map information will also be available to
support activities in this task The base map will include the rail and flood control ROWs and
surrounding areas needed for the field survey and site visit
The Consultant will conduct a filed inventory and site visit of the ROWs to determine opportunities and
constraints along the routes The Consultant will conduct discussions with ROW owners (SANBAG,
Attachment I11 '\greement No 74A0315
City of Redlands
Nge 2 of 6
Flood Control District and City of Redlands foi street ROWs) to identtN athei constraints and
opportunities The Consultant will also inventory potential connector routes to destinations such as
schools and parks that may be accessed from the Project. to identify similar opportunities and
constraints
The Consultant will provide a standard questionnaire to be administered by the Steering Committee and
volunteers 1 he Steering Coinnuttee/volunteers will interviews neighbors and businesses along the route
to determine community attitudes and desires relative to the Project the Steering Committee/volunteers
will compile the interview results
The Consultant will conduct a wrap-up meeting with the Steering Committee to review results of the
field inventory/site visit and interviews The Consultant will prepare a brief written summary of the
activities and findings of Task 2 to accompany the inventory map
Responsible Party
Deliverable Products
Consultant
Project Startup Meeting
Field Inventory Results Map and text
Interview Results
Field Inventory Wrap up ineeting
Task 3 — Mapping. Analysis and Discussion and Trail Alignment Alternatives
A base map and associated database will be developed in GIS for use in Task 2 and all other tasks The
base map and database will be developed from existing sources at the City, County, Redlands
Conservancy and project stakeholders The field inventory results will be added to the GIS database for
the project These will include, but not be limited to, the opportunities and constraints, characteristics of
road crossing and other potential safety issues, and digital photographs indexed to their trail locations A
matrix of street crossing conditions will be prepared for each intersection along the rail, flood control and
street ROWs and added to the database Additional information such as traffic volumes, accident
locations and street striping patterns that may affect bike ways to nearby destinations will be added to the
maps from City and County sources Options for the Metrolink station discussed with SANBAG in Task
2 will be added to the map and database Ownership of the ROWs will be included along with nearby
public property based on Tasks 5 and 6
The Consultant will prepare alternative trail alignments based on the information collected A Ineetmg
of the Steering Committee with the Consultant will be held to review the completeness and accuracy of
the database and maps and the alternative alignments Preparations will be made to conduct public
meetings to discuss the findings and trail alternatives Task 4
Responsible Party
Deliverable products
City
Base Map
Street Crossing Condition Matrix
Photo Exhibit
Opportunities and Constraints Map
Database and Sections Exhibit
Preferred Alternatives Map in GIS format
Task 4 — Public Workshops to Discuss Trail Alternatives and Identify Preferred Alternative
Attachment IIT Agreement No 74A0315
City of Redlands
Page 3 of
The Steering Committee/volunteers with guidance from the Consultant will conduct three public
workshops m different parts of Redlands/Mentone to review the background information and trail
alignment alternatives and obtain input from the community The workshops will use an interactive
charrette format to obtain trail alignment, design, amenity, and other ideas from the participants
Meeting results will be documented and summarized by the Steenng Committee/volunteers Following
the completion of the meetings, a preferred alternative will be defined by the Steering Committee with
guidance from the Consultant, based on information obtained in Tasks 2, 3 and 4
Responsible Party Steering Committee
Deliverable products 3 Public Meetings to obtain community input to preferred alternative
Task 5 — Agency Coordination
The Consultant will organize and attend three (3) Project Review Meetings with the City of Redlands,
County of San Bernardino, County Flood Control District, SANBAG, Caltrans, and Redlands
Conservancy representatives Opportunities and Constraints will be discussed, alternatives will be
discussed, and refinements and revisions will be made to the preferred alternative based upon input from
these agencies and pnmary stakeholders As part of these meeting, the Project will be evaluated for
consistency with the Santa Ana River Trail planning and the SANBAG Bikeway and Trail Master Plan
and Caltrans bicycle plans and standards
Responsible Party
Deliverable products
Consultant
3 Agency Coordination meetings
Updated preferred alternative map and database
Task 6 — Ownership Studies and Owner Coordination
The County and Redlands Conservancy will work with SANBAS, BNSF, Metrolink, and San
Bernardino Flood Control Distnct to venfy ownership and potential for trail easements on their ROWs
If ownership cannot be confirmed by the public agencies, the Consultant will search public records at
San Bernardino County Assessor's Office Title reports, if needed, will be requested Modifications, if
any, will be made to the preferred alternative m response to public ownership findings
Responsible Party.
Deliverable products
County, Redlands Conservancy
Railroad and flood control Rights -of -Way Exhibit
Ownership database & verification
Task 7 — Trail Conceptual Design, Guidelines and Cost Estimates
The Consultant will prepare a conceptual level design for the trail and linear park Associated with the
trail concept will be Design and Maintenance Guidelines for trails, staging areas, rest nodes, multi-
modal interface concepts, and other trail and park features The guidelines will be compatible with the
City of Redlands, County of San Bernardino, and Caltrans standards Consultant will also prepare
Construction and Maintenance Cost Estimates (best -faith estimate) based on most recent construction
cost information for the Counties of Riverside and San Bernardino Parks Departments Maintenance
Costs Estimates will be based on information obtained from the City of Redlands and the County of
San Bernardino based on existing levels of trails maintenance The trail and park concept, design
guidelmes and cost estimates will be reviewed with the Steering Comnuttee
Responsible Party
Deliverable products
Attachment III
Consultant
Trail and linear park concept design
Design and Maintenance Guidelines
Construction and Maintenance cost estimates
Task 8 — Public Meeting to Review Conceptual Design
Agreement No 74A0315
City of Redlands
Page 4 of 6
The Steering Committee will conduct a public meeting to obtain public comment on the conceptual
trail design An interactive format will be used to obtain suggested revisions to the concept plan
Based on the comments received, the Steering Committee will provide the consultant with
recommendations to adjust the concept, guidelines, and cost estimates to reflect suggestions received
from at the meeting
Responsible Party Steering Committee
Deliverable products Public meeting to obtain review comments on conceptual design
Task 9 — Funding and Draft Implementation Plan
The Consultant will develop a matnx of potential Federal, State and Local funding sources for
construction of bicycle and hiking/equestnan trails and linear park features Included m this task is the
development of the implementation plan that outlines the key milestones and personnel in obtaining
funding, licensing right-of-way easements for use as trails, hiring and working with consultants to
develop working drawings and prepanng environmental documents and environmental permitting,
hiring and working with contractors to construct the trail or in lieu of working with consultants and
contractors, working with volunteers, the city of Redlands and the County of San Bernardino to
construct the trail The Funding and Draft Implementation Plan will be reviewed with the Steering
Committee and adjusted as needed
Responsible Party Consultant
Deliverable products Funding and Draft Implementation Plan
Task 10 — Presentation to City, County and Public
The Consultant and Redlands Conservancy will prepare and present the Draft Orange Blossom Trail
Concept Plan The draft plan will include maps, exhibits, research, and data from the previous tasks
Presentations will be made to the City of Redlands, the County of San Bernardino, and the general
public Following the presentations, the Final Orange Blossom Trail Conceptual Plan will be prepared
The final plan will include the Inventory, Opportunities and Constraints and Preferred Alignment
Exhibits, Ownership Information, Design and Maintenance Guidelines, Construction and Maintenance
Cost Estimates, Future Funding Matrix and Draft Implementation Plan from the previous tasks
Responsible Party
Deliverable products
Consultant, Redlands Conservancy, Steenng Committee
Draft Summary Plan
Presentation of Draft Summary Plan
Final Summary Plan
Task 11— Project Oversight and Management
The Consultant, City and Redlands Conservancy will oversee the project to ensure adherence to the
schedule and budget The three parties will jointly make any adjustments necessary to keep project
Attachment III Agreement No 74A0315
City of Redlands
Page 5 of 6
within its scope and budget Status reports will be prepared on a regular basis by the City and provided
to Caltrans
Responsible Party
Deliverable products
Consultant, City, County and Redlands Conservancy
Quarterly reports
Final Summary
Task 12 — Final Implementation Plan and Approval
The final Orange Blossom Trail Conceptual Plan will be presented to the Redlands City Council for
approval and inclusion in the city's capital improvement project work program
Responsible Party Consultant, City
Deliverable products. Approval of Final Orange Blossom Trail Conceptual Plan
Attachment III
Orange Blossom Trail
Agreement No 74A0315
City of Redlands
Furlding..Source
FY 06I07
FY 07108.
FY 08109.:
Tasks
Responsible
Party
Cost
Total
Grant
%
Local
In -Kind
MAMJ
JASONDJ
F
M
A
M
J
J
ASONDJ
F
Deliverable
RFP, Consultant Selection /
Start
City of Redlands
County,
Conservancy
$2,000
$0
$0
$2,000
X
X
Prepare RFP, Select Consultant
Establish Steering Committee
Project Start, Held Survey,
Site Visit
Consultant
$13,200
$12,000
$0
$1,200
X
Startup meeting, Field Inventory Map and
Text, Interview Results, Wrap up Meeting
Mapping, Analysis and
Discussion and Trail
Alignment Alternatives
City
$25,000
$20,000
$4,000
$1,000
XX
X
XX
Base Map, Street Crossing Condition
Matrix, Photo Exhibit Opportunities and
Constraints Map, Database and Sections
Public Workshops
Steering
Committee
$1,000
$0
$0
$1,000
X
3 Public Workshops
Agency Coordination
Consultant
$10,250
$10,000
$0
$250
$0
XX
XXX
X
X
Updated Preferred Alternative Map and
Database 3 Agency Coordination
Meetings
Railroad and Flood Control Right -of -Way,
Exhibit, Ownership database and
verification
Ownership Studies and
Ownership Coordination
County, Redlands
Conservancy
$4,200
$0
$4 200
Trail Conceptual Design,
Guidelines and Cost
Estimates
Consultant
$12 500
$12,500
$0
$0
X
X
Trail & Linear Park Concept Design,
Design & Maintenance Guidelines,
Construction & Maintenance Cost
Estimates
Public Meeting to Review
Concept Design
Steering
Committee
$500
$0
$0
$500
X
Public Meeting
Funding and Draft
Implementation Plan
Consultant
$8,000
$8,000
$0
$0
X
X
Funding and Draft Implementation Plan
Presentation to City County
and Public
Consultant
Steering
Committee
Conservancy
$500
$0
$0
$500
X
Draft Summary Plan, Draft Summary
Plan Presentations
Project Oversight and
Management
City of Redlands
Consultant
SB County
Conservancy
$6 000
$3,000
$2,000
$1,000
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Quarterly Reports, Final Project
Summary
Final Implementation Plan
and Approval
Consultant City
$5,300
$2,800
$0
$2,500
X
X
Final Concept Plan Final Concept Plan
Approval by City
Totals
$88,450
$68 300
$10,200
$9,950
MA I't: OI CAI II ORNIA—IIIJSENESS, tRANSPOIRTA PION AND HOUSING AGENCY
ARNOLD SC1IWAtiZIFNEGG R Governor
DEPARTMENT OF TRANSPORTA'I ION
ADMINIS I RATION
DIVISION OF PROCUREMENT AND CONTRACTS MS 65
1727 30th STREET
SACRAMENTO, CA 95816 7006
PHONE (916) 227 6000
FAX (916) 227 6155
TTY (800) 735 0193 or (916) 227-2857
INTERNET http //caltrans opac cs gov
Contract No• 74A0315
City of Redlands
Attn Jon Hari icon
PO Box3005
Redlands, CA 92373-1505
Dear Contractor
RECEIVED
APR --92iQZ
REMANDS CITY CLERK
J lex vow power
Be energy efficient
April 4, 2007
A fully executed copy of the above -referenced contract/amendment is enclosed for your
files You are not authorized to commence work until you have been notified by the
State's designated contract manager to begin work The contract manager is not
authorized to approve payment for any work or services performed prior to contract
approval nor is the cont' act manager authorized to change the terms of the contract
without an approved additional amendment
All invoices are to be submitted to the contract manager in triplicate :
• with the above contract number placed next to your firm's name,
• with your address and phone number preprinted on the invoice in the format shown in
the contract, if appropriate,
• with all documentation required to prove costs and with any additional information
required in the terms of the contract
You are encouraged to pay your suppliers and subcontractors in a timely manner You
are also reminded that, unless stipulated otherwise in the contract, you must pay your
suppliers and subcontractors prior to requesting any reimbursement, if applicable, from
the State
A fully approved contract or additional amendment is required to:
• extend the term of the contract
• change the description or scope of work
• allow any additional cost to be incurred which would exceed the cost limit set in the
contract
Page 2
Caltrans improves mobility across California"
A minimum of 30-60 days should be allowed for processing a contract amendment
All questions regarding invoices, documentation support for invoices, payment, and
services are to be directed to John Chiu, Contract Manager, 464 West Fourth Street, 61
Floor, San Bernardino, CA 92401-1400, phone (909) 388-7139
Sincerely,
Terry Iarrison,
Service Contract Analyst
c John Chiu
Caltrans improves mobility across California"
Syne of California
Memorandum
To: John Chiu,
Contract Manager
From DEPARTMENT OF TRANSPORTATION
Administration
Division of Procurement & Contracts — MS 65
Subject. Approved Contract No 74A03 I5
BUSInLss, Transport -mon and Housing Agency
April 4, 2007
As contract manager on record for the above referenced contract, you are the authorized
representative of the Department and are responsible for ensuring that the Contractor's
performance and financial management meets all the legal requirements of the contract A
copy of the following documents is attached to assist you in the management of this
contract
• A fully approved copy of the contract
• Instructions for submittal of invoices to the Division of Accounting.
• Invoice Dispute Notification Form, Std 209
• Contractor Evaluation Form, Std 4, if applicable
• Insurance certificate, if applicable
• Bond(s), if applicable.
• Caltrans Service Contracts Quality Assessment Form
Additional information regarding the roles and responsibilities of a Contract Manager are
contained in the Contract Managers Handbook Copies of the pocket version are available
from the Division of Procurement and Contracts (DPAC) or you may view an expanded
version at http.l/admin dot ca gov/pc/handbook shtml
YOU ARE RESPONSIBLE FOR THE FOLLOWING.
CONTRACTOR NOTIFICATION
• The Contract Manager is responsible for notifying the Contractor to start the work on
the contract The Contractor cannot begin work until verbal 01 written communication
is received and not before the final approval or start date of the conte act, whichever is
later. Verbal notification must be followed by written notification
Page 2
ACCOUNTING
• The Contract Manager should contact the Division of Accounting throughout the term
of the Contract, as necessary, to make sure the encumbi antes have not expired, and also
to ensure that sufficient funds are available for a given fiscal year to pay for anticipated
invoices
• The Contract Manager must also contact the Division of Accounting to ascertain fund
availability before amending a contract, if needed
MONITOR CONTRACT
The Contract Manager must monitor
• the Contractor to assure compliance with contract provisions.
• all expenditures charged by the Contractor(s)
• when applicable, invoices or billing statements to identify payment per percentage
and/or dollar amounts set for it in DBE or DVBE contracting goals required by the
State or Federal Governments
• Contractor for use of subcontractors and suppliers
• the quality of the Contractor's work
- If performance is unsatisfactory and bonds were required, notify the
bonding company of any noted poor performance If termination of the
contract results, the bonding company must be notified as well
(Official termination notice is signed by the Department Contract
Officer )
• insurance terms (if insurance is required), and ensure that it is in effect at all times
during the life of the contract if the insurance expires during the term of this
Agreement, a new certificate must be received by the State at least ten (10) days
prior to the expiration of this insurance This new insurance must still meet the
terms of this Agreement If the insurance certificate is not received by the time
specified, contact the Contractor to get an updated insurance certificate If the
insurance certificate is not received by the expiration date, contact the Contractor
and instruct him/her to stop work until such time as the renewal certificate is
received
INVOICES
The Contract Manager must
• review and approve the invoices for services according to the terms of the contract.
(If insurance is required, check to be sure Caltrans is not paying any assessments or
premiums against the policy )
• process invoices and send to the Division of Accounting in sufficient time to avoid
late payment interest penalties.
• prepare and submit Receiving Record, form (FA 1226A), with approved invoices
to the Division of Accounting for payment
Page 3
• issue an Invoice Dispute Notice, form Std 209, when an invoice dispute cannot be
resolved Questions regarding disputed invoice procedures may be directed to the
Division of Accounting hotline at 1-800-303-1160 Undisputed services should be
paid.
CLOSING OUT CONTRACT FILE
• Approve final product/services required by the contract
• Complete and submit the Contractor Evaluation, form Std 4, for consultant contracts
of $5,000 or more
AMENDMENTS
• You cannot extend the terms of the contract, change the scope of work, or allow any
additional costs to be incurred that would exceed the limit set in the contract without an
approved contract amendment in place
• Amendment must be requested and approved prior to.
1 ) expiration date of the contract
2) expenditure of additional funds that exceed the total amount of the original
contract, or
3) authorizing any changes in the scope of the contract work
• Preapproval by the Business, Transportation and Housing Agency (BT&H) may be
required for a contract amendment, unless an exemption has been granted to the
Department by the Agency Secretary BT&H approval must be obtained before a
request for a service contract can be processed A list of contracts exempt from Agency
approval are contained in the Caltrans Service Contract Manual, Table 2 7 The manual
and the BT&H Agency Exemption Request form ADM 2041 are available on the
Division of Procurement and Contracts intranet site
• Questions regarding this contract should be directed to my attention Questions
regarding invoices and payment procedures are to be directed to the Division of
Accounting, Contract Payments, 1-800-303-1160
TerrHarrison,
Service Contract Analyst, (916) 227-6111
Attachments
Fully Approved Copy of Contract
Contract Instructions - Submittal of Invoices
Invoice Dispute Notification, form Std 209
Contract/Contractor Evaluation, form Std 4, if applicable
Insurance Certificate, if applicable
Bond(s), if applicable
Caltrans Service Contracts Quality Assessment Form
Submittal OF INVOICES TO DIVISION OFACCOUNTING
INSTRUCTIONS FOR CONTRACT MANAGERS
Invoices should be submitted to you in triplicate (3) by the Contractor You must review the records and invoices and then
sign and approve all valid charges for contract services Invoices must be assembled and transmitted by you to the
Department's Division of Accounting for payment
INVOICE ARRANGEMENT
(You must assure that all documents are in the following order)
1 Original - The Controller's Copy -
(Original invoicing will be sent on to the State Controllers Office by the Accounting Service Center)
1 Copies of Original Receiving Record,
2 Original invoice and postmarked envelope If there is no postmarked envelope, each submitted invoice
package must have the date of receipt stamped on the invoice
2 Duplicate # One — Division of Accounting Copy -
(Invoice copy retained by the Accounting Service Center)
1 Duplicate copy # One, of the "Original Receiving Record",
2 Copies of "Original Invoice" with date of receipt of the invoice
3 Duplicate # Two - Contract Manager File Copy -
(This duplicate shall be retained in the Contract Manager's Project File)
1 Duplicate copy # Two, of the "Original Receiving Record",
2 Copies of "Original invoice" with date of receipt on the invoice
3 Copy of the "Invoice Documentation", along with other records such as payroll records, updates of work
progress and your own file notes on contractor findings/progress,
4 A copy of the Contract
WHERE TO SEND CONTRACT DOCUMENTS
You must assure that the original and one copy of the invoice are transmitted via the Department's Contract Mad Courier or by an
overnight Courier Service such as Federal Express, DHL, UPS to
Department of Transportation
Division of Accounting
Office of Accounts Payable, Contract Payments
1801 30th Street, East Building
Sacramento, CA 95816
(Check with Division of Accounting for correct Payment Branch if you wish to hasten payment)
Contractor Payment Inquiries are directed to
1-800-303-1160
STATE OF CALIFORNIA DEPARTMENT QF TRANSPORTATION
VOLUNTARY STATISTICAL DATA SHEET
ADM 3023108/2006)
Information to be used for reporting purposes only
Public Contract Code 10111(f), requires State agencies to capture information an ethnicity, race and gender (ERG) of business owners
on all awarded contracts and procurements to the extent that the information has been voluntarily reported to the department The
awarding department is prohibited from using this data to discriminate or provide a preference in the solicitation or acceptance of bids
quotes, or estimates for goods services, construction and/or information technology This information shalt not be collected until after
the contract award is made The completion of this form is strictly vol ntai
The data you provide on this form should best describe the ownersldp of your business Ownership of a business should bp determined as follows
• For a business that is a sole proprietorship partnership corporation or joint venture at least 51 percent 1s owned by cne or more individuals in a
classification designated below or in case of any business whose stock is publicly held at least 51 percent of the stock is owned by one or more
individuals in a designated classification or
▪ For othor business entities the owner is the person controlling management and daily operations and who 'owns the business
For purposes of this roport rospond only rf the business has its home office in the United States and is not a branch or subsidiary of a foreign
corporation firm or other business
Ethnicity/Minority Classification - As defined in Public Contract Code Section 2051(c)
❑ Asian Indian - a person whose origins are from India Pakistan or Bangladesh
❑ Black - a person having origins in any of the black racial groups of Africa
❑ Hispanic a person of Mexican Puerto Rican Cuban Central or South American, or other Spanish or Portuguese culture or
origin regardless of race
❑ Native American an American Indian Eskimo Aleut or Native Hawaiian
❑ Pacific Asian -a person whose origins are from Japan, China, Taiwan Korea Vietnam Laos Cambodia, the Philippines
Samoa, Guan, or the United States Trust Territories of the Pacific including the Northern Marianas
❑ Other Any other group of natural persons idontifed as minorities in the respective project specifications of an awarding
department or participating local agency
Race Classification - As,defi.ned_by_the Office of Management and, f3udoet, Federal Reg ster_Nntice (Jctober 31_1017 at
http.//www whitehouse goviombifedregi1997standards htmi
❑ American Indian or Alaskan Native
❑ Black or African American
❑ Other
Gender Classification
❑ Asian
❑ Native Hawaiian or Other Pacific Islander
❑ White
❑ Female ❑ Male
ITEMS BELOW TO BE COMPLETED BY STATE AGENCY/DEPARTMENT ONLY
❑ Goods
❑ Services ❑ Construction
Total Contract Purchase Contract Award Date
PLEASE SEND COMPLETED FORM TO Department of Transponat:on
Civil Rights
Atin Small Business Unit Manager
1823 14th Street MS 79
Sacramento CA 95814
ADA Notice Far individuals with sensory disabilities this document is avaitable in alternate formats For information calf (916) 6'i4 F-110 or TDD (016)
654 3880 or write Records and Forms Management 1120 N Street MS -89 Sacramento CA 95814