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HomeMy WebLinkAboutStaff Report 2305-152535.Approve and Authorize the City Manager to Execute a Grant Agreement with the Federal Highway Administration (FHWA) to Develop the Palo Alto Safe Streets for All (SS4A) Action Plan by Receiving $160,000 in Federal Funds and Requiring $40,000 in City Matching Funds over Two Years and Approve a FY 2024 Budget Amendment in the Capital Improvement Fund; CEQA status – not a project. City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Transportation Meeting Date: June 19, 2023 Report #:2305-1525 TITLE Approve and Authorize the City Manager to Execute a Grant Agreement with the Federal Highway Administration (FHWA) to Develop the Palo Alto Safe Streets for All (SS4A) Action Plan by Receiving $160,000 in Federal Funds and Requiring $40,000 in City Matching Funds over Two Years and Approve a FY 2024 Budget Amendment in the Capital Improvement Fund; CEQA status – not a project. RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the City Manager, or their designee to execute a Funding Agreement (attached) with the Federal Highway Administration (FHWA) for the development of the City’s Safe Streets for All Streets for All action plan. The Agreement will provide up $160,000 in funding, and the City will be required to match up to $40,000 (or 20% of the actual project cost) over two years; and 2. Amend the Fiscal Year 2024 Budget Appropriation for the Capital Improvement Fund (requires a 2/3 vote) by: a. Increasing the Transportation and Parking Improvements project (PL-12000) revenue estimate for grants by $160,000; and b. Increasing the Transportation and Parking Improvements project (PL-12000) contracts appropriation by $160,000. EXECUTIVE SUMMARY This item approves and authorizes the City Manager to execute a grant agreement (Attachment A) to receive $160,000 in funding from the Federal Highway Administration to develop a Safe Streets for All (SS4A) Action Plan for Palo Alto. The City is responsible for a 20% matching portion of the total project cost ($40,000) that will be funded from the Transportation and Parking Improvements capital project (PL-12000). Jurisdictions with SS4A Action Plans are eligible to apply for SS4A Implementation Grants in subsequent funding cycles distributing $1 billion per year. The SS4A Action Plan will address safety for all road users in Palo Alto, particularly vulnerable road users, and will use the Safe Systems Approach endorsed by Federal Highway Administration. BACKGROUND The Bipartisan Infrastructure Law1 (BIL) established the new Safe Streets and Roads for All (SS4A) discretionary program with $5 billion in appropriated funds over 5 years. The SS4A program funds regional, local, and Tribal initiatives through grants to prevent roadway deaths and serious injuries. The SS4A program supports the U.S. Department of Transportation’s National Roadway Safety Strategy2 and the goal of zero roadway deaths. The SS4A program provides funding for two types of grants: •Planning and Demonstration Grants provide Federal funds to develop, complete, or supplement a comprehensive safety action plan. Having an Action Plan in place is the foundation of the SS4A grant program. The goal of an Action Plan is to develop a holistic, well-defined strategy to prevent roadway fatalities and serious injuries in a locality, Tribe, or region. •Implementation Grants provide Federal funds to implement projects and strategies identified in an Action Plan to address a roadway safety problem. Projects and strategies may be infrastructure, behavioral, and/or operational activities. Applicants must have a qualifying Action Plan that meets the eligibility requirements to apply for Implementation Grants. The Federal Notice of Funding Opportunity (NOFO) was released in May 2022, making available $1 billion for distribution. The City applied for a grant on September 15, 2022, to develop a Safety Action Plan for Palo Alto and was notified of grant award on January 31, 2023. The draft grant agreement was received from the Federal Highway Administration on May 22, 2023. The application was in alignment with FHWA’s Safe Systems Approach to road safety and Palo Alto Comprehensive Plan Policy T-6.2 to reduce fatal and severe injuries on local roadways to zero. ANALYSIS This grant-funded project enables the City to develop the Safe Streets for All Action Plan needed to apply for subsequent SS4A Implementation grants. Other Federal or State funding sources requiring a comprehensive road safety plan will accept the SS4A Action Plan as well, such as the State’s Highway Safety Improvement Program (HSIP). In addition, the Safety Action Plan could be used as the basis of a future Vision Zero program included in the Sustainability 1https://www.congress.gov/bill/117th-congress/house- bill/3684/text#:~:text=SEC.%2024112.%20%3C%3E%20%20SAFE,135%20STAT.%20818%5D%5D 2 https://www.transportation.gov/NRSS and Climate Action Plan (S/CAP), because improving safety for vulnerable road users is key to reducing vehicle miles traveled (VMT) and growing green travel mode shares. The Valley Transportation Authority compiled a Local Road Safety Plan (LRSP) for Palo Alto and other Santa Clara County cities without LRSPs3 in September 2022. The SS4A grant project will utilize this plan as a basis and will add the following Federally-required elements to create a qualified Safety Action Plan: •A target date for achieving a significant reduction of roadway fatalities and serious injuries •Engagement and collaboration with relevant stakeholders •Equity considerations •Policy and process changes to improve safety •Strategy and Project Selections •Measurement and reporting of progress over time A list of all the required Action Plan components can be found here.4 In addition to supporting the Comprehensive Plan Policy to reduce roadway deaths and severe injuries, this project is in alignment with the following Comprehensive Plan directives: •Goal T-6: Provide a safe environment for motorists, pedestrians and bicyclists on Palo Alto streets. •Policy T-1.3: Reduce GHG and pollutant emissions associated with transportation by reducing VMT and per-mile emissions through increasing transit options, supporting biking and walking, and the use of zero-emission vehicle technologies to meet City and State goals for GHG reductions by 2030. •Policy T-6.1: Continue to make safety the first priority of citywide transportation planning. Prioritize pedestrian, bicycle and automobile safety over motor vehicle level of service at intersections and motor vehicle parking. •Policy T-6.6: Use engineering, enforcement and educational tools to improve safety for all users on City roadways. •Program T6.6.1: Periodically evaluate safety on roadways and at intersections and enhance conditions through the use of signal technology and physical changes. Consider the construction of traffic circles for improved intersection safety. •Policy T-6.7: Use appropriate technology to monitor and improve circulation safety throughout the City. •Program T6.7.1: Evaluate the performance of safety improvements and identify methods to encourage alternative transportation modes. 3 https://d250c782-7e5b-4e38-b841- e8286bb13bc5.filesusr.com/ugd/a24bce_064ca2d5319a4334a7344f512239f0d6.pdf 4 https://www.transportation.gov/sites/dot.gov/files/2022-06/SS4A_Action_Plan_Components.pdf Upon execution of the grant agreement (Attachment A), the City will prepare and publish a Request for Proposal (RFP) document in Fall 2023 to hire a consultant to prepare the Safety Action Plan. Staff will return to the Council in Winter 2024 for approval of the vendor contract. Staff target initiation of the planning project by February 2024 or earlier. The City expects to complete the project within 24 months from grant agreement execution, though SS4A funds must be spent within five years of grant execution. Once the Safety Action Plan is substantially complete or in draft form, the City can begin to apply for SS4A Implementation grants. An adopted Safety Action Plan is required to receive an Implementation grant. FISCAL/RESOURCE IMPACT Approval for the funding agreement with FHWA requires a budget amendment to increase the Fiscal Year 2024 appropriation for the Transportation and Parking Improvements project (PL- 12000) by $160,000 and recognition of an increase to the revenue estimate for grants by $160,000. The remaining expense of $40,000, the City’s 20% matching contribution, will be covered by funding recommended in the FY 2024 Transportation and Parking Improvements capital project (PL-12000). STAKEHOLDER ENGAGEMENT As noted above, community engagement is a Federally-required element of any SS4A Safety Action Plan. This is in contrast to traditional Local Road Safety Plans that do not require robust community consultation. The City will engage the public in plan development through online surveys, interactive mapping, in-person tabling at community events and activity centers, and via the City’s communication channels. The City will leverage the Planning and Transportation Commission, the Pedestrian and Bicycle Advisory Committee, and the City/School Traffic Safety Committee, a historic partnership between City Departments, the Palo Alto School District, and the Palo Alto Parent Teacher Association Council. ENVIRONMENTAL REVIEW Council action on this item is not a project as defined by CEQA because the grant agreement with the Federal Highway Administration is a government funding mechanism or fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. CEQA Guidelines section 15378(b)(4). ATTACHMENTS Attachment A: Grant Agreement with FHWA for Palo Alto SS4A Action Plan APPROVED BY: Philip Kamhi, Chief Transportation Official 1 of 12 1. Award No. 693JJ32340117 2. Effective Date See No. 17 Below 3. Assistance Listings No. 20.939 4. Award To City of Palo Alto Office of Transportation 250 Hamilton Ave, 5th floor Palo Alto, CA 94301 Unique Entity Id.: W1ZRG61RG5V7 TIN No.: 946000389 5. Sponsoring Office U.S. Department of Transportation Federal Highway Administration Office of Safety 1200 New Jersey Avenue, SE HSSA-1, Mail Drop E71-117 Washington, DC 20590 6. Period of Performance Effective Date of Award through 24 months 7. Total Amount Federal Share: Recipient Share: Other Federal Funds: Other Funds: Total: $160,000 $ 40,000 $ 0 $ 0 $200,000 8. Type of Agreement Grant 9. Authority 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. HSSP230290PR 11. Federal Funds Obligated $160,000 12. Submit Payment Requests To See article 20. 13. Payment Office See article 20. 14. Accounting and Appropriations Data 15X0173E50.0000.055SR10500.5592000000.41010.61006600 15. Description of Project Through collaboration with diverse stakeholders, equity analysis, and consideration of low-cost, high-impact strategies citywide, the Palo Alto Safe Streets for All Action Plan will chart a path forward to enhance safety and mobility in Palo Alto. Palo Alto has a high proportion of vulnerable road users, with over 9% of commuters traveling by bike and over 40% of public school students biking to school. RECIPIENT 16. Signature of Person Authorized to Sign ___________________________________ Signature Date Name: Ed Shikada Title: City Manager FEDERAL HIGHWAY ADMINISTRATION 17. Signature of Agreement Officer ______________________________________ Signature Date Name: Megan Mavis Title: Agreement Officer 2 of 12 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 Federal Highway Administration (the “FHWA”) and the City of Palo Alto (the “Recipient”). This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the Palo Alto Safe Streets for All Action 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. 3 of 12 ARTICLE 2 APPLICATION, PROJECT, AND AWARD 2.1 Application. Application Title: Palo Alto Safe Streets for All Action Plan Application Date: 9/14/2022 2.2 Award Amount. SS4A Grant Amount: $160, 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 Palo Alto to develop a comprehensive safety action plan. 3.2 Project’s Estimated Schedule. ACTION PLAN SCHEDULE Milestone Schedule Date Planned Draft Action Plan Completion Date: 11/01/2024 Planned Action Plan Completion Date: 02/21/25 4 of 12 Planned Action Plan Adoption Date: 04/07/2025 Planned SS4A Final Report Date: 05/30/2025 IMPLEMENTATION SCHEDULE NON-CONSTRUCTION Milestone Schedule Date Planned NEPA Completion Date: N/A for Action Plan Planned Activity Completion Date: 05/30/2025 3.3 Project’s Estimated Costs. (a) Eligible Project Costs Eligible Project Costs SS4A Grant Amount: $160,000 Other Federal Funds: $0 State Funds: $0 Local Funds: $40,000 In-Kind Match: $0 Other Funds: $0 Total Eligible Project Cost: $200,000 (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 $160,000.00 $40,000.00 $200,000.00 Other $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 Total Budget $160,000.00 $40,000.00 $200,000.00 5 of 12 ARTICLE 4 RECIPIENT INFORMATION 4.1 Recipient’s Unique Entity Identifier. W1ZRG61RG5V7 4.2 Recipient Contact(s). Philip Kamhi, Chief Transportation Official City of Palo Alto Office of Transportation 250 Hamilton Avenue, 5th Floor Palo Alto, CA 94301 650-329-2136 Philip.Kamhi@cityofpaloalto.org 4.3 Recipient Key Personnel. Name Title or Position Sylvia Star-Lack Transportation Planning Manager 4.4 USDOT Project Contact(s). 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 darren.thacker@dot.gov and Ashley Cucchiarelli Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-33 12300 W Dakota Ave Lakewood, CO 80228 (720) 963-3589 6 of 12 ashley.cucchiarelli@dot.gov 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 Hdaca@dot.gov and Ivy Attah California Division Office Point of Contact Operations Engineer 650 Capitol Mall, Suite 4-100 Sacramento CA 95814 916-498-5860 ivy.attah@dot.gov Backup Calif. Div. Office POC: Maria.Bhatti@dot.gov 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). 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. 7 of 12 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 eInvoicing 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 eInvoicing System. The Recipient may obtain waiver request forms on the DELPHI eInvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the 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 8 of 12 Washington DC 20590-0001 or DOTElectronicInvoicing@dot.gov. 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 [wherever the date it is in this agreement]. 6.2 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. 6.3 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 12 ATTACHMENT A PERFORMANCE MEASUREMENT INFORMATION Study Area: City of Palo Alto Baseline Measurement Date: 04/07/2025 Baseline Report Date: 05/30/2025 Table 1: Performance Measure Table Measure Category and Description Measurement Frequency Equity Percent of Funds to Underserved Communities: Funding amount (of total project amount) benefitting underserved communities, as defined by USDOT End of period of performance Costs Project Costs: Quantification of the cost of each eligible project carried out using the grant End of period of performance Lessons Learned and Recommendations Lessons Learned and Recommendations: Description of lessons learned and any recommendations relating to future projects of strategies to prevent death and serious injury on roads and streets. End of period of performance 10 of 12 ATTACHMENT B CHANGES FROM APPLICATION INSTRUCTIONS FOR COMPLETING ATTACHMENT B: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of this attachment B is to document the differences clearly and accurately in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See section 10.1. Scope: No differences Schedule: Original start date: 07/05/23 Original end date: 12/31/2024 Updated start date: 10/1/2023 Updated end date: 05/30/2025 Budget: All $200,000 will be applied to contractual costs. This does not change the funding sources. The table below provides a summary comparison of the project budget. Fund Source Application Section 3.3 $ % $ % 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 11 of 12 ATTACHMENT C RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1. 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 its results in the supporting narrative below.) 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 narrative below. X 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 below 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 of Palo Alto Transportation Element includes a goal of zero severe injury and roadway fatalities. The new Local Road Safety Plan (LRSP) for Palo Alto found that for fatal and severe injury motor vehicle collisions during 2015-2019, 25% of the collisions involved bicycles, and 24% involved pedestrians. Of the total 555 bicycle- and pedestrian-involved collisions that occurred in the study period, 416 involved a bicycle. 12 of 12 Ninety percent of these collisions occurred at an intersection. Community engagement was limited, and equity considerations were absent in LRSP development, highlighting the need for a robust SS4A Action Plan. The City will collaboratively enlist non-profits and diverse stakeholders to work towards more equitable safety practices. Improving roadway infrastructure will benefit the approximately 650 students from historically disadvantaged census tracts in adjacent East Palo Alto who attend school in Palo Alto. The City will engage the public in plan development through online surveys, interactive mapping, in-person tabling at community events and activity centers, and via the City’s communication channels. The City will leverage the Planning and Transportation Commission, the Pedestrian and Bicycle Advisory Committee, and the City/School Traffic Safety Committee, a historic partnership between City Departments, the Palo Alto School District, and the Palo Alto Parent Teacher Association Council.