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HomeMy WebLinkAboutCC Resolution 12404 (Canalfront Conceptual Design)RESOLUTION NO. 12404 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO ACCEPT AND EXPEND A GRANT IN THE AMOUNT OF $1409000 FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR A CANALFRONT CONCEPTUAL DESIGN PLAN (P06-005) WHEREAS, the California Department of Transportation, Division of Transportation Planning provides grants for local officials, community leaders and stakeholders that enhance mobility by promoting neighborhood and project design that enable more walking and biking for healthier communities, reduce dependence on single -occupant vehicle trips and reduce traffic congestion and improve air quality; and WHEREAS, the City of San Rafael applied for and has been awarded a grant in the amount of $140,000 from the California Department of Transportation to fund community based transportation planning to create a safe and accessible way to walk and bike along and cross over the San Rafael Canal; and WHEREAS, this project includes $30,000 in matching funds, with $20,000 from the Association of Bay Area Governments and $10,000 in-kind funds from the City of San Rafael. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE as follows: The City Manager is authorized to execute, on behalf of the City of San Rafael, an agreement to accept and expend a grant in the amount of $140,000 from the California Department of Transportation for a Canalfront Conceptual Design Plan, as shown in Exhibit 1, Fund Transfer Agreement. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 17th day of December, 2007 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None .= C 2 ESTHER C. BEIRNE, City Clerk Ia 4o4 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 Exhibit 1 Contract FUND TRANSFER AGREEMENT THIS FUND TRANSFER AGREEMENT (FTA), ENTERED INTO ON DECEMBER , 2007, between the City of San Rafael, hereinafter referred to as CITY, and the State of California, acting by and through its Department of Transportation, referred to herein as DEPARTMENT. RECITALS WHEREAS, CITY and DEPARTMENT, 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 CITY; and, WHEREAS, CITY has agreed to prepare a Canalfront Conceptual Design Plan, 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 Exhibit 3; and, WHEREAS, all services performed by CITY pursuant to this FTA are intended to be performed in accordance with all applicable Federal, State, and CITY laws, ordinances, regulations, and DEPARTMENT encroachment permits, published manuals, policies, and procedures; and, WHEREAS, project funding is as follows; and, FUND TITLE FUND SOURCE DOLLAR AMOUNT CalTrans State of California $140,000.00 Bay Trail ABAG $20,000.00 General Fund City of San Rafael $10,000.00 WHEREAS, this FTA is exempt from legal review and approval by the Department of General Services, pursuant to PCC Section 10295. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: SECTION I CITY AGREES: 1. To satisfactorily complete all Project Work described in Exhibit 3. SECTION II DEPARTMENT AGREES: 2. To grant to the City a sum not to exceed one hundred and forty thousand dollars ($140,000), subject to the terms and conditions of this agreement, to prepare the San Rafael Canalfront Conceptual Design Plan. The Project description is attached as Attachment 3, which is incorporated by reference. 3. That when conducting an audit of the costs claimed by CITY under the provisions of this FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit of CITY 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. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pale: 6 SECTION III In consideration of the foregoing and the mutual promises of the parties hereto, CITY and DEPARTMENT agree as follows: 4. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Principal Planner for Long -Range Planning is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. 5. DEPARTMENT. DEPARTMENT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Robert R. Talley is hereby designated as the PROJECT DIRECTOR for DEPARTMENT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the DEPARTMENT shall notify the CITY within ten (10) business days of the substitution. 6. Notification of Parties a. CITY's Project Manager is: Linda Jackson, Principal Planner Community Development Department City of San Rafael P.O. Box 151560 San Rafael, Ca 94915-1560 415-485-3067 b. DEPARTMENT's Contract Manager is: Robert R. Talley, Associate Transportation Planner Caltrans District 4, Office of Transit & Community Planning State Transit Grants Branch, MS 1 OD PO Box 23660 Oakland, CA 94623-0660 510-286-5521. 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. 7. Period of Performance Work under this FTA shall begin on February 19, 2007, contingent upon approval of this FTA by DEPARTMENT, and will terminate on February 28, 2010 unless extended by amendment. 8. Changes in Terms/Amendment This FTA may only be amended or modified by mutual written agreement of the parties. 9. Termination a. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. b. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) daytime period. 3AN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7 c. Effect of Termination. In the event of termination by said notice, funds reimbursed to CITY will include all authorized non -cancelable obligations and prior costs incurred. 10. Cost Limitation a. The total amount payable to CITY pursuant to this FTA by DEPARTMENT shall not exceed $140,000.00. 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. 11. Allowable Costs a. The method of payment for this FTA will be based on actual allowable costs. DEPARTMENT will reimburse CITY for expended actual allowable direct and indirect costs, including, but not limited to contracted consultant services costs incurred by CITY in performance of the Project work. Actual costs shall not exceed the costs set forth in Exhibit 3 without prior written agreement between DEPARTMENT and CITY. b. Reimbursement of CITY expenditures will be authorized only for those allowable costs actually incurred by CITY in the performance of the Project work. CITY 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 CITY, or its 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 CITY 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 address shown above. e. Invoices shall include the following information: 1. Names of the CITY personnel or CITY consultant under contract performing work 2. Dates of Service 3. Locations of Service 12. Reports a. CITY shall submit written progress reports with each set of invoices to allow the DEPARTMENT's Contract Manager to determine if CITY 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. CITY will provide five (5) copies and one (1) electronic version of the final written report to the DEPARTMENT's Contract Manager. 13. Local Match Funds SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8 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. b. CITY agrees to contribute the required local contribution of matching funds specified within this FTA toward the actual cost of the services described in Attachment 3. CITY shall contribute not less than its required match amount toward the services as described in Attachment 3. 14. Cost Principles a. CITY 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. CITY 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 CITY 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 CITY to DEPARTMENT. Should CITY 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 CITY from DEPARTMENT or any third -party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source. d. CITY agrees to include Project in the schedule of projects to be examined in CITY'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 CITY seeking reimbursement of indirect costs, CITY 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). 15. Americans with Disabilities Act By signing this FTA CITY 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.) 16. 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 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 CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this FTA. It is understood and agreed that, pursuant to Government Code section 895.4, CITY shall fully SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9 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 CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this FTA. c. Neither CITY 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 DEPARTMENT under or in connection with any work, authority or jurisdiction delegated to DEPARTMENT under this FTA. It is understood and agreed that, pursuant to Government Code section 895.4, DEPARTMENT shall fully defend, indemnify and save harmless CITY, 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 DEPARTMENT under or in connection with any work, authority or jurisdiction delegated to DEPARTMENT under this FTA. 17. Non -Discrimination a. During the performance of this FTA, CITY 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. CITY and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CITY 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. CITY 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. CITY shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this FTA. 18. 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 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 CITY is accordance with the provisions of this agreement. ;SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 10 19. Records Retention a. CITY, 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 CITY, 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 CITY, 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 CITY 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 CITY, 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 CITY pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by CITY's external and internal auditors may be relied upon and used by DEPARTMENT when planning and conducting additional audits. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 of seq., when applicable, and other matters connected with the performance of CITY's contracts with third parties pursuant to Government Code section 8546.7, CITY, CITY'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 during the entire Project period and for three years from the date of final payment to CITY 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 CITY shall furnish copies thereof if requested. c. CITY, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by DEPARTMENT, for the purpose of any investigation to ascertain compliance with this FTA. 20. 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 CITY. b. Neither the pendency of a dispute nor its consideration by the Contract Officer will excuse CITY from full and timely performance in accordance with the terms of the FTA. 21. Subcontractors CITY 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 identified in this agreement. 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 CITY's subcontractors. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 11 22. Third Party Contracting a. CITY shall not award a contract over $25,000 without the prior written approval of DEPARTMENT. Contracts awarded by CITY, 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 CITY 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, CITY 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). 23. Disabled Veterans Business Enterprise a. Should Military and Veterans Code sections 999 et seq. be applicable to CITY, CITY will meet, or make good faith efforts to meet, the 3% Disabled Veterans Business Enterprises goals (or CITY's applicable higher goals) in the award of every contract for Project work to be performed under this FTA. b. CITY shall have the sole duty and authority under this FTA and each amendment to determine whether these referenced code sections are applicable to CITY and, if so, whether good faith efforts asserted by those contractors of CITY were sufficient as outlined in Military and Veterans Code sections 999 et seq. 24. Drug -Free Workplace Certification By signing this FTA, CITY hereby certifies under penalty of perjury under the laws of the State of California that CITY 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 a very 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 CITY may be ineligible for the award of any future state contracts if DEPARTMENT determines that any of the following has occurred: (1) CITY has made a false SAN RAFAEL CITY COUNCIL AGENDA REPORT / PaLye: 12 certification or, (2) CITY violates the certification by failing to carry out the requirements as noted above. 25. 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, joint venture or association, or any other relationship whatsoever other than that of an independent party. 26. Equipment Purchase (By CITY) a. Prior authorization in writing by the DEPARTMENT Contract Manager shall be required before CITY enters into any non -budgeted purchase order or subagreement exceeding $500 for supplies, equipment, or consultant services. CITY 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 III) 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. Any equipment purchased as a result of this FTA is subject to the following: CITY 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. Nonexpendable 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. At the conclusion of the FTA, or if the FTA is terminated, CITY 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 CITY elects to keep the equipment, fair market value shall be determined, at CITY expense, on the basis of a competent, independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to DEPARTMENT and CITY. If it CITY 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. 27. Project Close Out The FTA Expiration Date refers to the last date for CITY to incur valid Project costs or credits and is the date the FTA expires. CITY 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. IN WITNESS WHEREOF, the parties hereto have executed this FTA on the day and year first herein above written: State of California Department of Transportation 9 City of San Rafael By: X/Vt Title: Cit a r Date: 3- ��9W% . 1 I By: Title: Date: ATTEST: ESTHER C. BEIRNE, City Clerk APPR 'VED O DORM: ROBERT F. STEIN, 9 {Y Attorney By: Title: Contract Officer . . Date: By. . : Title: •'''�� Date: 9 City of San Rafael By: X/Vt Title: Cit a r Date: 3- ��9W% . 1 I By: Title: Date: ATTEST: ESTHER C. BEIRNE, City Clerk APPR 'VED O DORM: ROBERT F. STEIN, 9 {Y Attorney SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 13 ATTACHMENTS: The following attachments are incorporated into and are made a part of this FTA by this reference and attachment. I. Accounting & Audit Guidelines II. CITY 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 Department of Transportation By: Title: Contract Officer Date: By: Title: Date: City of San Rafael By: Title: City Manager Date: By: Title: Date: ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pale: 14 Attachment I 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. • 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 f. Chart of accounts g. Financial statements • The ability to accumulate and segregate reasonable, allocable (incurred solely for a project) and allowable (per terms of the contract) costs through the use of a cost accounting system. The following are some of the attributes which would ideally be found in such a system: a. A chart of accounts which includes indirect and direct general ledger accounts. Indirect costs are not specifically identified to a project, for example, rent and/or utilities. Direct costs are specifically identified with a project, for example, drafting hours and/or design hours. b. Segregation of costs by contract, category of cost and milestones (if applicable). c. Proper recording of direct and indirect costs. For example, recording of labor costs should provide that non -project indirect hours be recorded on a timesheet and in the accounting records to an administration, vacation, sick leave or other indirect cost 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. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 15 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. 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. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pave: 16 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. 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 Building 914 Capitol Mall P. O. 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, age or sexual orientation. Contractors that contract with Caltrans are responsible for taking necessary and reasonable steps to achieve these same goals. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 17 Attachment 2 December 17, 2007 Resolution of the City Council authorizing agreement to accept Caltrans Grant of $140,000 for a Canalfront Conceptual Design Plan (to be attached) SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: Izs Attachment 3 Scope of Work, Schedule and Cost City of San Rafael Canalfront Conceptual Design Plan 1.0 PROJECT START-UP AND PROJECT MANAGEMENT Task 1.1: Form Technical Advisory Committee (TAC) • Form Technical Advisory Committee (TAC) of City staff (Public Works, Redevelopment, City Attorney, etc.) and other interested agencies, such as Transportation Authority of Marin. Deliverable Documentation Membership of Technical Advisory Membership list of Technical Advisory Committee Committee Task 1.2: Form Canal Advisory Committee (CAC) • Advertise widely through direct mailings to residents, newspaper press releases in Spanish and English, and email to local agencies the availability of applications to apply for the Canal Advisory Committee. • City Council appointment of the members of the Canal Advisory Committee. A majority of the Committee shall be residents and business owners from the Canal Neighborhood. • Prepare for, facilitate and summarize meetings of the Canal Advisory Committee. Deliverable Documentation Distribute by hand, email and/or mail 20 Numbers will be on the invoices invitations to apply to interested residents, local businesses, and local institutions. Appointment of the Canal Advisory City Council staff report Committee by the City Council Membership list of Canal Advisory Committee Task 1.3: Select Project Consultant • Send out request for proposals to design/engineering firms with expertise in community involvement and conceptual design plans. • With the assistance of members from the TAC and CAC, review the work program, and interview potential project consultants to conduct workshops. • With feedback from the TAC and CAC, staff selects consultant and prepare contract. Collaborate with Caltrans as needed re. consultant selection. • City Council approval of consultant's contract. Deliverable Documentation Request for Proposal distributed Request for Proposal document Selection of Consultant Consultant's contract SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 19 Task 1.4: Project Management The City of San Rafael Community Development Department will manage the project including administration of the grant and coordination of all activities related to the scope of work. Duties will include establishing contractual arrangements with all subconsultants, monitoring consultant work, participating in public events, reviewing deliverables, processing invoices, etc. Deliverable Documentation Meetings of the Canal Advisory Meeting summaries Committee 2.0 BACKGROUND REPORT Task 2.1: Prepare background report • Using the Bay Trails matching grant funds, contract for services to provide background information necessary for the preparation of a conceptual design plan. • Prepare a report of background information that would include the following: o Preliminary environmental information essential to the preparation of the design plan, such as ■ Geotechnical/Hazardous Materials (review of available information) ■ Biotic Study (map of approximate boundary of wetlands, assessment of potential biological resources, description of regulatory agencies) o Results of consultation with the State Lands Commission regarding property ownership information and issues. o History of planning to date, including the Bay Trail, the General Plan, and the Canal Community -Based Transportation Plan. o All permitting requirements for possible crossing of a navigable waterway, such as Corps of Engineers, Coast Guard, State Lands Commission, Fish & Game, BCDC, and local groups such as the Bicycle/Pedestrian Advisory Committee. o Other necessary environmental or other background studies o Base maps (topographic, aerial, etc.) and related information (property ownership) to convey topographic and building footprint information o Preparation of Background Report Deliverable Documentation Background information summarized in Background Report document background report for use by TAC, CAC, and participants in the community workshops 3.0 COMMUNITY WORKSHOP #1 Workshop #1 will be a review of the background information, a walk of the site, and community dialogue to identify potential design options for the paseo, crossing and development facing the Canal. Task 3.1 • Prepare for workshop with TAC, CAC and consultant. Workshop will include walkabouts and exercises that result in "wish list" ideas for the consultant to consider. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 20 Task 3.2 • Work with the Canal Welcome Center to ensure outreach to the community about the first workshop, including distribution of fliers, publicity through local agencies, publicity through the schools, and publicity through the local media, including the Spanish language newspaper. Task 3.3 • Prepare materials and conduct community workshop #1. Task 3.4 • Prepare summary of community workshop #1 for TAC, CAC and consultant. Deliverable Publicity about workshop #1 Community workshop #1 Workshop summary Documentation Numbers of people and names of agencies contacted Press releases and media contacted Agenda and workshop materials Summary document from community workshop #1 4.0 DEVELOPMENT OF DESIGN ALTERNATIVES Task 4.1 With input from the TAC and CAC and from community workshop #1 comments, the consultant will prepare design alternatives for the Bay Trail alignment/ Canal paseo and crossing for consideration by the TAC and CAC, and at community workshop #2. Task 4.2 Prepare a review of costs and benefits of each alternative, as well as permitting constraints from necessary agencies. Deliverable Documentation Design Alternatives Drawings of design alternatives presented at Community Workshop #2 5.0 COMMUNITY WORKSHOP #2 Workshop #2 will be a review of design alternatives and identification of preferred components to be included in the final design plan. All possible permitting agencies will be included in the discussions of preferred alternatives. Task 5.1 • Work with TAC, CAC and consultant to prepare format of community workshop #2. Task 5.2 • Work with the Canal Welcome Center to ensure outreach to the community about the first workshop, including distribution of fliers, publicity through local agencies, publicity through the schools, and publicity through the local media, including the Spanish language newspaper. Task 5.3 • Prepare materials and conduct community workshop #2. Task 5.4 • Prepare summary of community workshop #1 for TAC, CAC and consultant. Deliverable I Documentation �AN RAFAEL CITY COUNCIL AGENDA REPORT / Paye: 21 Publicity about workshop #2 Community workshop #2 Workshop summary Numbers of people and names of agencies contacted Press releases and media contacted Agenda and workshop materials Summary document of results from community workshop #2 6.0 DRAFT CANALFRONT CONCEPTUAL DESIGN PLAN Task 6.1 With direction from the TAC and CAC after considering the results from community workshop #2, the consultant will prepare a draft conceptual design plan, including a review of the costs and benefits and permitting requirements of any proposed infrastructure. Deliverable IDraft Conceptual Design Plan Documentation Document of draft plan Task 6.2 • Contact neighborhood groups and organizations, and the Pickleweed Park Advisory Committee, the Design Review Board, and the Bicycle/Pedestrian Advisory Committee to schedule focus group discussions about the draft conceptual design plan. Conduct focus group meetings, and prepare summary of the comments received on the draft plan. Deliverable Documentation Focus group meetings Calendar of focus group meetings Comment Summary Document summarizing the comments heard at the focus group discussions 7.0 FINAL CANALFRONT CONCEPTUAL DESIGN PLAN Task 7: Final Conceptual Design Plan Task 7.1 • With direction from the TAC and CAC after considering the results from focus groups discussions, the consultant will prepare a final conceptual design plan, including a review of the costs and benefits and permitting requirements of any proposed infrastructure. • The CAC and staff will present the recommended Conceptual Design Plan to the City Council. Task 7.2 • Print final Canalfront Conceptual Design Plan and distribute to community, planners, and agencies. Use final plan to pursue funding for implementation. Deliverable Documentation Final Conceptual Design Plan Document of final plan Staff report of presentation to the City Council. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 22, (This page intentionally left blank.) RESOLUTION NO. 12404 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO ACCEPT AND EXPEND A GRANT IN THE AMOUNT OF $1409000 FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR A CANALFRONT CONCEPTUAL DESIGN PLAN (P06-005) WHEREAS, the California Department of Transportation, Division of Transportation Planning provides grants for local officials, community leaders and stakeholders that enhance mobility by promoting neighborhood and project design that enable more walking and biking for healthier communities, reduce dependence on single -occupant vehicle trips and reduce traffic congestion and improve air quality; and WHEREAS, the City of San Rafael applied for and has been awarded a grant in the amount of $140,000 from the California Department of Transportation to fund community based transportation planning to create a safe and accessible way to walk and bike along and cross over the San Rafael Canal; and WHEREAS, this project includes $30,000 in matching funds, with $20,000 from the Association of Bay Area Governments and $10,000 in-kind funds from the City of San Rafael. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE as follows: The City Manager is authorized to execute, on behalf of the City of San Rafael, an agreement to accept and expend a grant in the amount of $140,000 from the California Department of Transportation for a Canalfront Conceptual Design Plan, as shown in Exhibit 1, Fund Transfer Agreement. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 17th day of December, 2007 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk wiff"1091