CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
1989
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: September 5, 2023
SUBJECT: Approval of the Safe Streets and Roads for All (SS4A) FY22 Grant Agreement
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the Safe Streets and Roads for All (SS4A) FY22 Grant Agreement; and,
2. Authorize the City Manager to execute the agreement.
BACKGROUND
The Bipartisan Infrastructure Law (BIL), as enacted in the Infrastructure Investment and Jobs Act, authorizes up to $108 billion for public transportation. The BIL established the new Safe Streets and Roads for All (SS4A) discretionary program, with $5 billion in appropriated funds over five years, 2022-2026. The SS4A program funds regional, local, and Tribal initiatives through grants to prevent roadway deaths and serious injuries.
The City applied for and was awarded $200,000 in SS4A federal funding to develop a Citywide Active Transportation Plan. This planning document will support efforts to create safer and more equitable streets that reduce bicyclist and pedestrian injuries and fatalities while increasing mobility for all ages and abilities. Community engagement efforts to develop the Active Transportation Plan will define an overarching vision that puts safety and equity at the forefront of Laguna Niguel active transportation planning.
Active transportation typically includes bicycling and walking using human power; however, electric bicycles, scooters, and other small mobility devices are also considered to be active transportation.
The Active Transportation Plan supports City Council Goal 1 (Public Safety), Goal 2 (Fiscal Sustainability), Goal 4 (Infrastructure and Technology), and Goal 6 (Communication and Community Outreach) of the City's adopted Strategic Plan.
ANALYSIS
Before the City can begin the Active Transportation Plan, the City must first enter into a grant agreement with the Federal Highway Administration (FHWA). The proposed agreement obligates the City to milestone completion dates, written approval from FHWA for consultant contracts under this grant award, reimbursement procedures, and performance measurements (Attachment "A").
Following full execution of the grant agreement, the City will issue a Request for Proposals for consultant services to prepare the Active Transportation Plan. The scope of work to prepare the plan will include:
• Collection of collision, traffic count, speed, public health, and socioeconomic data; • Mapping of existing bicycle, pedestrian, and trails facilities as well as equity-related data which may include income, public health, and socioeconomic factors; • Inventory of bikeway network signage;
• Community workshops;
• Community walk and bike ride events;
• Community pop-up events;
• Online survey and mapping tool;
• Key stakeholder focused meetings;
• Develop project recommendations, conceptual designs, and implementation plan; • Generate map of proposed improvements; and,
• Develop draft and final Active Transportation Plan.
The Active Transportation Plan will begin in early 2024. Given the scheduling and planning of the extensive community engagement and events schedule, it is anticipated that the plan will be completed in 2026.
ALTERNATIVES CONSIDERED
The City Council may decide not to approve the SS4A FY22 Grant Agreement. This alternative is not recommended as it will result in the City not receiving the $200,000 in federal grant funding and will cause significant delays in developing a plan that addresses active transportation safety.
FISCAL REVIEW
The total project cost is estimated to be $250,000. FHWA funds will cover $200,000 of the total cost with the SS4A grant funding. The City's required match is $50,000. There are sufficient funds in the Fiscal Year 2023-24 Public Works Department budget to cover the cost of the City's match.
LEGAL REVIEW
The City Attorney's Office has reviewed the agreement and has approved it as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve the Safe Streets and Roads for All (SS4A) FY22 Grant Agreement; and,
2. Authorize the City Manager to execute the agreement.
Justor Nasta for: Beas
Tamara S. Letourneal
City Manager Public Works Director/City Engineer
Kathy Nguyen
Engineering Services Manager
Attachment:
A. SS4A FY22 Grant Agreement
ATTACHMENT A
SS4A FY22 Grant Agreement
SS4A FY22 GRANT AGREEMENT - LAGUNA NIGUEL, CA (2023-07-17) Award No. 2. Effective Date 3. Assistance
See No. 17 Below Listings No.
693JJ32340092
20.939
4. Award To 5. Sponsoring Office
City of Laguna Niguel J.S. Department of Transportation 30111 Crown Valley Parkway ederal Highway Administratior Laguna Niguel, CA 92677
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Unique Entity Id.: FWD9QAANNZ65
TIN No.: 33-0220695
6. Period of Performance 7. Total Amount
Effective Date of Award - 24 Federal Share: $200,000.00 months Recipient Share: $ 50,000.00
Other Federal Funds: $ 0.00
Other Funds: $ 0.00
Total: $250,000.00
Type of Agreement
Grant Section 24112 of the Infrastructure Investment
and Jobs Act (Pub. L. 117-58, November 15,
2021; also referred to as the "Bipartisan
Infrastructure Law" or "BIL")
10. Procurement Request No. 11. Federal Funds Obligated HSSP230291PR $200,000.00
12. Submit Payment Requests To 13. Payment Office
See article 20. See article 20.
14. Accounting and Appropriations Data
15X0173E50.0000.055SR10500.5592000000.41010.61006600
15. Description of Project
The City of Laguna Niguel Citywide Active Transportation Safety Action Plan (ATSAP) will support efforts to create safer and more equitable streets that eliminate bicyclists and pedestrian injuries and fatalities while increasing mobility for all ages and abilities. Targeted community engagement and data analysis within the ATSAP will define an overarching vision of active transportation within the Laguna Niguel community that will put safety and equity at the forefront of the local active transportation planning. The action plan will provide a prioritized list of recommendations with timing, responsible party, costs, and funding strategies. 1 of 14
SS4A FY22 GRANT AGREEMENT - LAGUNA NIGUEL, CA (2023-07-17)
RECIPIENT FEDERAL HIGHWAY ADMINISTRATION
16. Signature of Person Authorized to Sign 17. Signature of Agreement Officer Signature Date Signature Date
Name: Tamara S. Letourneau Name: Jason Motala
Title: City Manager Title: Agreement Officer
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SS4A FY22 GRANT AGREEMENT - LAGUNA NIGUEL, CA (2023-07-17) U.S. DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT UNDER THE
FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the [United States Department of Transportation (the "USDOT")] [Federal Highway Administration (the "FHWA) and the City of Laguna Niguel (the "Recipient").
This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All ("SS4A") Grant for the City of Laguna Niguel Active Transportation Safety Plan.
The parties therefore agree to the following:
ARTICLE 1
GENERAL TERMS AND CONDITIONS
1.1 General Terms and Conditions.
(a) In this agreement, "General Terms and Conditions" means the content of the document titled "General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program," dated February 8, 2023, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements. Articles 7-30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement.
(b) The Recipient states that it has knowledge of the General Terms and Conditions.
Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27).
(c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient's non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.
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SS4A FY22 GRANT AGREEMENT - LAGUNA NIGUEL, CA (2023-07-17) ARTICLE 2
APPLICATION, PROJECT, AND AWARD
2.1 Application.
Application Title: City of Laguna Niguel Active Transportation Safety Plan Application Date: 09/14/2022
2.2 Award Amount.
SS4A Grant Amount: $200,000
2.3 Award Dates.
Period of Performance End Date: See Section 6 on page 1
2.4 Budget Period
Budget Period End Date: See Section 6 on page 1
2.5 Action Plan Grant or Implementation Grant Designation.
Designation: Action Plan
2.6 Federal Award Identification Number. The Federal Award Identification Number is listed on page 1, line 1.
ARTICLE 3
SUMMARY PROJECT INFORMATION
3.1 Summary of Project's Statement of Work.
The award will be used by the City of Laguna Niguel to develop a comprehensive safety action plan.
3.2 Project's Estimated Schedule.
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SS4A FY22 GRANT AGREEMENT - LAGUNA NIGUEL, CA (2023-07-17)
ACTION PLAN SCHEDULE
Milestone Schedule Date
Planned Draft Action Plan Completion Month 23
Planned Action Plan Completion Date: Month 24
Planned Action Plan Adoption Date: Month 24
Planned SS4A Final Report Date: Month 24
3.3 Project's Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $200,000
Other Federal Funds: $0.00
State Funds: $0.00
Local Funds: $50,000
In-Kind Match: $0.00
Other Funds: $0.00
Total Eligible Project Cost: $250,000
(b) Supplemental Estimated Budget
Cost Element Federal Share Non-Federal Share Total Budget Amount
Direct Labor $0.00 $0.00 $0.00
Fringe Benefits $0.00 $0.00 $0.00
Travel $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00
Supplies $0.00 $0.00 $0.00
Contractual/Consultant $200,000.00 $50,000.00 $250,000.00 Other $0.00 $0.00 $0.00
Indirect Costs $0.00 $0.00 $0.00
Total Budget S200,000.00 $50,000.00 $250,000.00
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SS4A FY22 GRANT AGREEMENT - LAGUNA NIGUEL, CA (2023-07-17) ARTICLE 4
RECIPIENT INFORMATION
4.1 Recipient's Unique Entity Identifier.
FWD9QAANNZ65
4.2 Recipient Contacts).
Kathy Nguyen
Engineering Services Manager
City of Laguna Niguel
30111 Crown Valley Parkway, Laguna Niguel, CA 92677
949-362-4341
[email protected]
4.3 Recipient Key Personnel.
Name Title or Position
Kathy Nguyen Project Manager
4.4 USDOT Project Contacts).
Darren Thacker
Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.
Washington, DC 20590
202-366-6409
[email protected]
and
Ashley Cucchiarelli
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-33, Mail Stop E62-310
1200 New Jersey Avenue, S.E.
Washington, DC 20590
720-963-3589
[email protected]
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SS4A FY22 GRANT AGREEMENT - LAGUNA NIGUEL, CA (2023-07-17) and
Agreement Officer's Representative (AOR)
IVISIon Administrato
SDOT Sacramento. C
650 Capitol Mall
Suite 4-100
Sacramento, CA 95814
[email protected]
and
Vince Mammano
Agreement Officer's Representative (AOR)
Division Administrator
FHWA California Division Office
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
916-498-5015
[email protected]
and
Lawrence Jesse Glazer
California Division Office Point of Contact
ITS/Operations Engineer
888 S. Figueroa Street, Suite 440
Los Angeles, CA 90017
213-422-4588
[email protected]
Backup California Division Office POC: [email protected] ARTICLE 5
USDOT ADMINISTRATIVE INFORMATION
5.1 Office for Subaward and Contract Authorization.
USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management
SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract). 7 of 14
SS4A FY22 GRANT AGREEMENT - LAGUNA NIGUEL, CA (2023-07-17) Note: Recipients with a procurement system deemed approved and accepted by the Government or by the AO are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327.
Note: This clause is only applicable to Action Plan Grants.
Unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval of each subaward or contract is contingent upon the Recipient's submittal of a written fair and reasonable price determination, and approval by the AO for each proposed contractor/sub- recipient. Consent to enter into subawards or contracts will be issued through written notification from the AO or a formal amendment to the Agreement.
The following subawards and contracts are currently approved under the Agreement by the AO.
This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. (Fill in at award or by amendment)
5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred in the performance of this agreement if those costs do not exceed the funds available under section 2.2 and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI envoicing System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF 271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient's supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient's share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the AO may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the Agreement Officer's Representative (the "AOR") reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment.
(e) The USDOT may waive the requirement that the Recipient use the DELPHI elnvoicing System. The Recipient may obtain waiver request forms on the DELPHI elnvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the 8 of 14
SS4A FY22 GRANT AGREEMENT - LAGUNA NIGUEL, CA (2023-07-17) AO. A Recipient who seeks a waiver shall explain why they are unable to use or access the Internet to register and enter payment requests and send a waiver request to Director of the Office of Financial Management
US Department of Transportation,
Office of Financial Management B-30, Room W93-431
1200 New Jersey Avenue SE
Washington DC 20590-0001
or
[email protected].
If the USDOT grants the Recipient a waiver, the Recipient shall submit SF 271s directly to:
DOT/FAA
P.O. Box 268865
Oklahoma City, OK 73125-8865
Attn: Agreement Specialist
(f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.
ARTICLE 6
SPECIAL GRANT TERMS
6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in Article 2.
The Recipient acknowledges that the Action Plan will be made publicly available, and the Recipient agrees that it will publish the final Action Plan on a publicly available website.
The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.
6.4 There are no other special grant requirements for this award. 9 of 14
SS4A FY22 GRANT AGREEMENT - LAGUNA NIGUEL, CA (2023-07-17)
ATTACHMENT A
PERFORMANCE MEASUREMENT INFORMATION
Study Area: City of Laguna Niguel
Baseline Measurement Date: 12/01/2023
Baseline Report Date: 12/01/2023
Table 1: Performance Measure Table
Measurement
Measure Category and Description
Frequency
Percent of Funds to Underserved
Communities: Funding amount (of total
project amount) benefitting underserved
communities, as defined by USDOT End of period of
Equity performance
Per the grant application, 24% benefits the
employees of the City; we have
conservatively estimated a 10% benefit to
employees and residents representing
underserved communities in the City.
Project Costs: Quantification of the cost
of each eligible project carried out using
the grant End of period of
Costs
A consultant will be hired to prepare the performance
Action Plan within the budget allocated
for the Plan.
Lessons Learned and Recommendations:
Description of lessons learned and any
recommendations relating to future
Lessons Learned and projects of strategies to prevent death and End of period of Recommendations serious injury on roads and streets. performance The Action Plan will include
recommendations focused on preventing
death and serious injury on roads and
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SS4A FY22 GRANT AGREEMENT - LAGUNA NIGUEL, CA (2023-07-17) Measurement
Measure Category and Description
Frequency
streets affecting people walking and
cycling.
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SS4A FY22 GRANT AGREEMENT - LAGUNA NIGUEL, CA (2023-07-17)
ATTACHMENT B
CHANGES FROM APPLICATION
lifferences clearly and accurately in scope, schedule, and budget to establish the parties nowledge and acceptance of those differences. See section 10.1 Scope: No differences
Schedule: No differences (see attached Project Timeline Gantt Chart) Budget: No differences
The table below provides a summary comparison of the project budget.
Application Section 3.3
Fund Source $ % $ %
Previously Incurred Costs
(Non-Eligible Project Costs)
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
SS4AFunds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project
Costs
Total Project Costs
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SS4A FY22 GRANT AGREEMENT - LAGUNA NIGUEL, CA (2023-07-17)
ATTACHMENT C
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.
The Recipient states that rows marked with "X" in the following table are accurate:
A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation.
Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the project, will take relevant actions described in the supporting narrative The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.
2. Supporting Narrative.
The City has taken steps to analyze and understand the project area with an equity lens.
Through the development of the SS4A grant application, data was collected to understand diversity and equity throughout the City and the areas that would most benefit from the implementation of the Action Plan. Data analysis from the United States Census Bureau's "OnTheMap" tool identified low-income workers in Laguna Niguel, offering an 13 of 14
SS4A FY22 GRANT AGREEMENT - LAGUNA NIGUEL, CA (2023-07-17) alternative equity lens in support of creation of an Active Transportation Safety Action Plan.
The "OnTheMap" tool aggregates Census data for viewing and review. There are many employees in the City of varying income levels that can benefit from mobility improvements. Using the OnTheMap tool, low-income employees within the City as defined by OnTheMap's $1,250 per month or less income category were identified. There are many employment opportunities within the City that vary in pay scales including lower wages.
A salary of $1,250 per month equates to less than the State of California threshold for disadvantaged community members which is 80% of the median household income (less than $60,188 annual salary). The City employs approximately 3,474 low-income workers (comprising about 24% of the total City workforce) who could be engaged with and benefit from the Active Transportation Safety Action Plan. Safer active transportation facilities can provide direct benefit to disadvantaged community members working within the project area that may walk, bicycle, and roll within the City. The scope for the Active Transportation Safety Action Plan includes engagement activities focused on soliciting input on needs and solutions from disadvantaged community members. 14 of 14