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Home My WebLink About2012/06/19 Item 03~; 6/19/12, Item -~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ' CHULA VISTA APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR FY2011 - FY2012 ACTIVE TRANSPORTATION GRANT PROGRAM -FOR BICYCLE AND PEDESTRIAN PROJECTS, CERTIFYING THAT MATCHING FUNDS ARE OR WILL BE AVAI BLE THEREFOR, AND ACCEPTING THE TERMS OF THE NT AGREEMENT SUBMITTED BY: DIRECTOR OF PUBLIC WORK REVIEWED BY: CITY MANAGER ~~ ASSISTANT CIT MANAGER 4/STHS VOTE: YES ^ NO SUMMARY The Active Transportation Grant Program (ATGP) funds bicycle and pedestrian-oriented transportation facility improvements, planning efforts, encouragement and education programs, and bicycle parking. A Council Resolution approving the grant application and accepting the terms of the grant agreement with no exceptions is required by the San Diego Association of Governments (SANDAG). ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity, consisting of approval to submit an Active Transportation grant application to provide multiple travel choices for the region's residents for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the proposal consists of a governmental action that does not have the assurance that the funding requested will be approved for specific project(s) which may result in a potentially significant physical impact to the environment. Therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no further environmental review is required at this time. Although environmental review is not required at this time, once the scope and funding of the individual project(s) have been defined, environmental review will be required for each project and the appropriate environmental determination will be made. 3-1 6/19/12, Item Page 2 of 4 RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION: Not applicable DISCUSSION This grant submission process has been an annual occurrence. SANDAG issued a call for projects for ATGP on April 16, 2012 with a submittal deadline of July 17, 2012. The City is eligible to compete for funding annually for bicycle and pedestrian-oriented transportation facility improvements, planning efforts, encouragement and education programs, and bicycle parking, under the following program: Active TTanSportatlon Grant Program: The goals of the Active Transportation Grant Program are to encourage the planning and development of Complete Streets, and to provide multiple travel choices for the region's residents. Projects funded by this program must support these goals, and specifically, the following objectives. In 2010, SANDAG adopted Riding to 2050: The San Diego Regional Bicycle Plan. The program objectives outlined below are derived from the goals in Riding to 2050. • Encourage the development of a cohesive network of complete streets, improve bicycle/pedestrian neighborhood connectivity to transit and destinations such as schools, retail, places of work, parks, and other community gathering places, and support smart growth placemaking. • Improve safety for bicyclists and pedestrians through traffic calming and complete streets design principles. • Serve as models for the region by featuring innovative solutions that comprehensively prioritize access for bicyclists and pedestrians. • Ensure access to jobs, services, and recreation for populations with fewer transportation choices, and create equitable transportation opportunities for all users, regardless of age, ability, race, ethnicity, or income. • Increase community support for bicycling and walking as a viable transportation choice for all trip purposes, and promote active transportation as a means of improving health outcomes. • Support reductions in greenhouse gas emissions and facilitate an increase in levels of bicycling and walking in the region, by providing supportive facilities, amenities, and programs for bicyclists and pedestrians. The program seeks to promote a comprehensive, neighborhood-based approach to planning and implementing active transportation, through Community Active Transportation Strategies. These strategies will incorporate bicycle and pedestrian improvements and traffic calming, with existing and planned land use and transit, in order to increase neighborhood connectivity for bicyclists and pedestrians. This approach integrates efforts such as Safe Routes to School, Safe Routes to Transit, and smart growth implementation, to identify corridors or neighborhood networks that prioritize biking and walking trips to better link residential areas with nearby employment, recreation, and activity centers. 3-2 6/19/12, Item3~ Page 3 of 4 The revenue comes from the voters' approved SANDAG Ordinance 04-01, which extended the TransNet %x cent sales tax and use tax through 2048 (Extension Ordinance). The Extension ordinance contains provisions to fund the Bicycle, Pedestrian, and Neighborhood Safety Program (BPNSP), which funding began on July 1, 2008. The ATGP guidelines require that when the application is submitted, it must include a copy of a resolution, authorizing the submittal of the application, committing to provide matching funds, and authorizing staff to accept grant funds and execute the grant agreement with no exceptions. (Attachment "C") l;liV or cnma vrsra rupuc worxs Lepanmem ."iuui~cauuns iur r a cvai - r i wig Each year, the City participates in the grant application process for ATGP projects (formerly the Transportation Development Act (TDA)/TransNet Bicycle and Pedestrian Projects Program) by submitting proposed projects to SANDAG. The evaluation and scoring criteria aze based on principles outlined in Riding to 2050: The San Diego Regional Bicycle Plan, the 2050 Regional Transportation Plan and Sustainable Communities Strategy, the TransNet Extension Ordinance, and SANDAG's overall goals of improving the regional transportation system and promoting smart growth in the region. The criteria are specified in the Project Scoring Criteria Matrix that follows. A scoring panel consisting of SANDAG staff and Bicycle Pedestrian Working Group members will score the projects. Panel members must not represent local jurisdictions that have submitted projects for funding under the current cycle, must not have had prior involvement in any of the submitted projects, nor may they (nor the organizations they represent) receive compensation for work on any of the funded projects in the future. Applicants aze required to prepaze and deliver presentations regazding their proposed projects to the scoring panel and the Bicycle Pedestrian Working Group (BPWG). Applicants will be notified of presentation date. Once all submitted projects have been scored, SANDAG staff will present a list of proposed projects to the SANDAG Transportation Committee for recommendation to the SANDAG Board of Directors. For the SANDAG FY 2011 - FY 2012 grant cycle, the Public Works Department is recommending that due to other rail corridor work that we are currently working with SANDAG in the Palomar Gateway District Specific Plan area, that the City apply for funding for the following proposed project: Industrial Boulevard Pedestrian and Bicycle Improvements between Ada Street and Anita Street: This project is listed as priority number 4 on our adopted Pedestrian Master Plan. The scope of work of this project includes the installation of sidewalk, curb & gutters, ADA pedestrian ramps, bicycle lanes, signage, and other miscellaneous items of work along both sides of Industrial Boulevard. (Attachment "B", Location Map) 3-3 6/19/12, Item 3 Page 4 of 4 At this time, the Development Services Department is preparing additional grant submittals that will be presented to Council sepazately on July 10, 2012. Under the ATGP certain costs at times associated with bicycle and pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists or pedestrians. These instances are listed below: Curb and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in fact, degrade the pedestrian environment. Claimants may not include the cost of driveway ramps in applications for sidewalk projects. However, the distance across the driveway may be included when computing the per-square-foot cost of the sidewalk. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible The total cost of the project is $641,920 (Attachment "A"). The application request for ATGP funds is $450,844. The remaining funding for this project is $191,076 in TransNet funds. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the properties that aze the subject of this action. CURRENT YEAR FISCAL IMPACT There is no impact to the General Fund from this action. The estimated total cost of $641,920 would be met, in part, with $450,844 in Active Transportation Grant program funds, if awarded. The remaining match of $191,076 will be met with funds from the City's Transnet fund balance. If the grant is awarded, staff will return to Council with a recommendation to accept the funds. ONGOING FISCAL IMPACT Once the improvements are constructed, there will be minimal fiscal impact related to the maintenance of the improvements. ATTACHMENTS Attachment 1. Industrial Boulevard Cost Estimate Attachment 2. Boulevard Project Location Map Exhibit A. Sample Grant Agreement Prepared by: Roberto Solorzano, Associate Engineer, Public Works/Engineering Department. J:\ENGINEER~P,GENDA\CA52012\06-19-12\FV2011-FY2012 ACTIVE TRANSPORTATION FUNDINGAPPLICATION-A113REV.DOC 3-4 City of Chula Vista tilj i PUBLIC WORKS ENGINEERING DEPARTMENT Infrastructure Planning ~iaY rr Date QiLlIA1'6T.4. Prepared By: Checked By: Project Number: ATTACHMENT 02-May-12 Robeno Solorzano Frank Rivera Industrial Boulevartl Petlestrian/Bicycle Improvements, Ada Street to Anita Project Title: Street Description,.._.v - ~__._m. ~,u ~~.~~._.~.._a....._.-.-.-., ~.. na.....~ -_m.a......~ Construct PCC sidewalks, curb & gutters, ADA pedestrian ramps, PCC driveway approaches, bike lanes, signing, striping & legends, AC pavement work, and traffic control. Along both sides of Industrial Boulevard from approximately Ada Street to Ai Street.. Approximate overall length of the project: 1200 LF. This prokect would fill in the gap between the Palomar Gateway improvements at Ada Street and [he Traffic Signal Modification Project (TF319) at Anita Street. 3ota1 Cost Non- `.TOTAL C057 ~ ~r.Eligibie Items ~ ELIGI6LE:ITEMS TDA Eligible Items Clearing & grubbing/removal and disposal of existing 1 l improvements LS $15,000 ..,' ~-~',- $15,000 2 Storm water compliance 1 LS $5,000 ~ $5,000 3 AC pavement (-6") (10'x1200') 420 TON $200 ". ,P , .1. ,. $84,000 4 Crushed aggregate base (-12 inches) 450 CY $100 ` ', ~' $45,000 5 Pavement markings and legends 1 LS $2 000 I ,~-; ,,u : $2,000 6 Pavement striping (bike lane) 2400 LF $2 .' ' ~ ' ;; $4,800 7 PCC driveway (4 EA) (4x15x15) eligble items 300 SF $11 " $3,300 B PCC sidewalk 11000 SF $9 .: ~, ~!„ $99,000 g ADA pedestrian ramp 4 EA $3 500 ' $14,000 1D Bike lane signs 4 EA $600 i' i. $2,400 11 Construction signs 2 EA $1 000 [' "'" $2,000 12 Public convenience and traffc control 1 LS $15 000 ' $15,000 Non-eligible TDA Items 13 Filters pre-cast bio-retention unit 2 EA $13,000 $26 000 14 Adjustment of utility covers 12 EA $300 $3 600 15 Chain link gate & fence 30 LF $35 $1 050 16 Wing and U type headwalk 1 EA $3,000 $3 000 17 Curb inlet type B 1 EA $5,000 $5 000 18 Storm drain clean-out 1 EA $5,000 $5 000 1g Rip-rap energy dissipator 1 EA $4,000 $4,000 20 PCC curb & gutter (not eligible TDA items) 2200 LF $30 $66,000 21.Non-eligible portion of driveways 600 SF $11 $6,600 _ _ Subtotal $120,250 $291,500 Contin encies I 15 % $18,040 $43,730 Construction &Contin encies Total: $473,520 0 $138,290 $335,230 Engineering Design & Inspection I 25.0 % $34,580 $83,810 Surve ' 7.5 % $10,380 $25,150 Other Costs Environmental, soils, etc. i 2.0.% $2,770 $6,710 TOTAL COST OF PROJECT: $636,920 $186,020 $450,900 3-5 2 I'~! l ~ 4 }~ 4 ~ -/ ch x.150 feet 2~ r~ ~ frf~ ~ `~`,T f fib ~~~ l ( ~~~ y 4'a "!. y ~ e~ ~ ~`~ 2. A~ ~ ~ ~'{ °'''ra. ~ v Y,... " e x .-. .. .. .,tin ~~Q,O~~r"rv' ~ ~l ~~;,k~_w_ `il~ VAa ^`~-&,~'~e "^ vv ~.- -`b~c..' gee na _._ q~, ..^,.~,- ~~~~y,\P #t&' ~"e fi „~' x .fix. ~ s .~ ,~ ~, I F.a n~vs bTVw y3 "~ r $ F x. f yrfb 0. t °`rss~ e' ~k a. `~ 1~1 I tivs.e~, " k~ a'~f f ~/ ~ ~ 1 ~i~-~ aq r{` }~tL ~ ~ Cb 1 M ~ r~~ f~f ,~/-& v' 'r '~-c t. w'%~be~ 1vv'9~~F1 c "€a.?~{R h..L~~ `^~~i` ~ ~ - D i G ~ al ~, m ~ ~~ ,~ ~ m~ oKFOa~ sT m F f } m ~ ~ 1 i STET ~ ~ /YG 'PAIOMAR ST--_~ ~ IA Si l / ~ ~ p0. AOAST~ ~~- '+ ~ _•_ t90~3~ r I ---. y41 ~ ~ u, \ Q MARSAT CT _ ~ DOR~_ ~ ~ - ~ ~.~ F OTHY ST LL~ ' I ._ ~t ~ . '" 0 15 m ~ i ~ ~ m ... __ ___..- 3 ~ 1 inch = 1,000 feet ~ ,~' \\ a ~ - I 2 ~ ~_ - ~ ~._i MAIN ST ' LL ~ ~~~ N Induatria Bctulward' Pedestrian and Bicycle improvements. Ada Streeflto Anita street FY2011-FY2012 Active Transportation Grant Program CITY OF ro~Yi2~b'R2 z-.. =CHULAVISTA THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY' S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL B~' THE CITY ieh R. Googins City Attorney Dated: 1 ~ IZ GRANT AGREEMENT BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA FOR TDA/TRASNET ACTIVE TRANSPORTATION 3-7 ~x~moBer A FOR INFORMATION ONLY - DO NOT FILL OUT TDA/TRANSNETACTIVETRANSPORTATlON GRANT PROGRAM FISCAL YEAR 2017 - 2012 GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCY/JURISDICTION NAME] REGARDING [INSERT FULL PROJECT TITLE] THIS GRANT AGREEMENT [AGREEMENT NUMBER) ("Agreement") is made this [Day] day of [Month], 2012, by and between the San Diego Association of Governments (hereinafter referred to as "SANDAG"), 401 B Street, Suite 800, San Diego, California, and the [Grant Recipient and Address] (hereinafter referred to as "Grantee"). This agreement expires on [Month] [Day], [Year]. The following recitals are a substantive part of this Agreement: A. In November 2004, the voters of San Diego County approved SANDAG Ordinance 04-01, which extended the TransNet'h cent sales and use tax through 2D48 (Extension Ordinance). B. The Extension Ordinance contains provisions to fund the Bicycle, Pedestrian, and Neighborhood Safety Program (BPNSP), which funding began on July 1, 2008. C. The BPNSP is commonly referred to, herein, as the "Active Transportation" grant program (AT). Active Transportation encompasses bicycle and pedestrian travel and recognizes the comprehensive effort to integrate smart growth place making, access to transit and environmental justice. The SANDAG Board of Directors also approved programming of approximately S[insert new updated amount for the call far project which generated THIS grant award(agreement] million in Transportation Development Act, Article 3, Bicycle and Pedestrian Facilities and Programs (TDA Funds) on [insert new future date when BOD approved action described in this recital] by Resolution Number [insert Reso number). D. On [insert updated future date], SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the AT Funding/TDA Funds for use on capital improvement and planning projects meeting certain criteria. E. Both AT Funding and TDA funds were eligible funding sources for the AT (AT Funding). F. Grantee successfully applied for AT Funding for the following project: [Insert Project Name/Description] (hereinafter referred to as the "Project"). The scope of work, schedule, and budget for the Project is attached as Attachment A. CAPITAL GRANTS FY 201'1/20] 2 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 2t 3-8 G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. Contracts Staff: Before finalizing this agreement for internal SharePoint routing please obtain from SANDAG Finance and Planning staff both the TDA /Extension Ordinance funding amounts and the TDA Claim Number andlor T~ansNet MPO ID required to complete Recital H, below. Thank you. H. Grantee's Project is funded with [insert dollar values for either or both TDA and Extension Ordinance funding, e.g. $182,000 in TDA funds and $268,000) in Extension Ordinance funds]. TDA Claim Number TransNetMPO ID I. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not be responsible for Project imp{ementation or hold any substantial control of the Project. NOW, THEREFORE, it is agreed as follows: Section 1. Definitions A. Application. The signed and dated grant application, including any amendment thereto, with all explanatory, supporting, and supplementary documenu filed with SANDAG by or on behalf of the Grantee and accepted or approved by SANDAG. All of Grantee's application materials, not in conflict with this Agreement, are hereby incorporated into this Agreement as though fully set forth herein. B. Agreement This Grant Agreement, together with all Attachments hereto, which are hereby incorporated into this Agreement and contain additional terms and conditions that are binding upon the parties. C. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in typewritten hard copy or electronically) of a SANDAG official authorized to permit the Grantee to take or omit an action required by this Agreement, which action may not be taken or omitted without such written permission. Except to the extent that SANDAG determines otherwise in writing, such approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions. An oral permission or interpretation has no legal force or effect. (See also Notice to Proceed, below at paragraph I in this Section 1.) D. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is attached hereto as a section of Attachment A. E. BPNSP Funds and Funding. Funding from the TransNet Extension Ordinance for the Bicycle, Pedestrian, and Neighborhood Safety Program and Transportation Development Act (TDA) Article 3 Funds. CAPITAL GRANTS FY 2011!2012 ACTIVE TRANSPORTATION PROGRA(v CALL FOR PROJECTS 22 3-9 F. Grantee. The local jurisdiction that is the recipient of BPNSP Funding under this Agreement. If the Grantee enters into agreements with other parties to assist with the implementation of the Project, each participant in, member of, or party to that agreement is deemed a "subgrantee" and for purposes of compliance with applicable requirements of the Agreement for its Project will be treated as a Grantee. Note to SANDAG Contracts Staff: Please complete Section G. ~~Maximum Percentage of SANDAG Participation" only if grantee committed matching funds in its grant application. If grantee did not commit matching funds in its application, please delete Section G, and adjust the Section letters, 6eiow, accordingly. If grantee did commit matching funds, please delete Paragraph G, and complete Paragraph H, below. After selecting either Paragraph G or H, below, please adjust the remaining Paragraph letters accordingly. Thank you. G. Maximum Percentage of SANDAG Participation. Grantee submitted an application and was evaluated based on its representation that it would provide matching funds for the Project. Grantee agrees to provide _% of the Approved Project Budget as matching funds from resources other than the TransNet or TDA funds. Therefore, the maximum percentage that SANDAG will pay Grantee for amounts invoiced under this Agreement is _%, or $_, whichever is the lesser of these two amounts. H. Maximum SANDAG Contribution. Grantee submitted an application and was evaluated based on its representation that it would abide 6y a budges for the Project, which has been finalized and attached to this Agreement as the Approved Project Budget (included in Attachment A). Based on the Approved Project Budget, the maximum amount of BPNSP funding SANDAG will pay to Grantee for amounu invoiced under this Agreement is $_, or _% of the Approved Project Budget, whichever is the lesser of these two amounts. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work described in the scope of work. Grantee shall not proceed with the work and shall not be eligible to receive payment for work performed prior to SANDAG's issuance of a Notice to Proceed. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. K. Term. The Term of this Agreement begins on the date SANDAG issues the Notice to Proceed and ends on the last date indicated in the Project Schedule, (Attachment A), unless amended consistent with the terms of this Agreement and SANDAG's Board Policy No. 035, as amended. L. Transportation Development Act Funds (TDA Funds). Article 3 Bicycle and Pedestrian Facilities Programs Funds. CAPITAL GRANTS FY 20'11/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PRO)iiC7S 23 3-10 Section 2. Project Implementation A. General. The Grantee agrees to carry out the Project as follows: 1. Project Description. Grantee agrees to perform the work as described in the Project Description/Scope of Work attached as Attachment A. 2. Effective Date. The effective date of this Agreement or any amendment hereto is the date on which this Agreement or an amendment is fully executed. The Grantee agrees to undertake Project only after receiving a written Notice to Proceed from SANDAG. 3. Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project and provide for the use of any Project property; (b) carry out the safety and security aspects of the Project, and (c) comply with the terms of the Agreement and all applicable Taws, regulations, and policies pertaining to the Project and the Grantee, including but not limited to the Extension Ordinance. 4. Project Schedule. The Grantee agrees to complete the Project according to the Project Schedule attached hereto as a section of Attachment A and in compliance with SANDAG Board Policy No. 035 ("Competitive Grant Program Procedures")), as amended, attached hereto as Attachment B. 5. Project Implementation and Oversight. Grantee agrees to comply with the Project Implementation and Oversight Requirements attached hereto as Attachment C and SANDAG Board Policy No. 035 as amended. Additionally, if Grantee hires a consultant to carry out professional services, funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate (ICE) prior to soliciting proposals; publicly advertise for competing proposals for the work; use cost as an evaluation factor in selecting the consultant; document a Record of Negotiation (RON) establishing that the amount paid by Grantee for the consultant services is fair and reasonable; and pass through the relevant obligations in this Agreement to the consultant. if Grantee hires a contractor to carry out construction services funded under this Agreement, Grantee shall: prepare an ICE, (e.g., a construction cost estimate), prior to soliciting bids; publicly advertise for competing bids for the work; award the work to the lowest responsive and responsible bidder; document a RON establishing that the amount paid by Grantee for the construction services is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG AT scoring criteria. Any substantive deviation from Grantee's representations in the Project Justification during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should know that substantive changes in the Project Justification CAPITAL GRANTS FY 207"1/2072 ACTIVE TRANSPORTATION PROGRAM CAtI FOR PROIEC75 24 3-11 have occurred or will occur, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the AT Program and Lhat the changes would not have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have BPNSP Funding withheld from, or refunded to SANDAG from Grantee due to Grantee's failure to satisfactorily complete the Project or due to substantive changes to the Project Justification. See Section 9, paragraph F of this Agreement regarding amendments to the Scope of Work. B. Application of Laws Should a federal or state law pre-empt a local law, regulation, or the TransNet Ordinance, the Grantee must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or portions thereof expeditiously. C. Notice Regarding Prevailing Wages SANDAG's AT Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment of prevailing wages, a recent appellate court case (Asuza Land Partners v. Department of Industrial Relations 191 CaI. App. 4th 1 [2010]), may require that TransNet- funded public works projects pay prevailing wages for workers. Before entering into a grant agreement with SANDAG, grantees are strongly encouraged to seek legal counsel regarding whether the Asuza case will subject the grant project to prevailing wage laws consistent with Labor Code Section 1720 et seq. This Grant Agreement requires Grantee's compliance with all federal, state, and local laws and ordinances as applicable. D. Significant Participation by a subgrantee. Although the Grantee may delegate any or almost all Project responsibilities to one or more subgrantees, the Grantee agrees that it, rather than any subgrantee, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. E. Grantee's Responsibility to EMend Agreement Requirements to Other Entities Entities Affected. If an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 25 3-12 3. Required Clauses. The Grantee agrees to use a written document (such as a subagreement, lease, third-party contract or other) including all appropriate clauses stating the entity's responsibilities under applicable laws, regulations, or policies. 4. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third-party contract, or ocher) any necessary provisions requiring the Project participant (third-party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third-party contractors, and other Project participants at the lowest tier necessary. F. No SANDAG Obligations to Third•Parties. In connection with the Project, the Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee, lessee, third-party contractor, or other person or entity that is not a party io the Agreement for the Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, (ease, or third-party contract at-any tier, SANDAG has no obligations or liabilities to any entity other than the Grantee, including any subgrantee, lessee, or third-party contractor at any tier. G. Changes in Project Performance. The Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect the Grantee's ability to perform the Project in accordance with the terms of the Agreement and as required by SANDAG Board Policy No. 035 (Competitive Grant Program Procedures). The Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's interests in the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG required by this subsection to SANDAG's Office of General Counsel. Grantee further agrees to comply with the procedures set forth in SANDAG Board Policy No. 035 attached hereto as Attachment B if it anticipates a delay in performance. H. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, its Executive Director, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve the Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Grantee or its subgrantees. 1. Anti-Discrimination Laws. SANDAG implements its programs without regard to income level, disability, race, color, and national origin in compliance with the Americans with Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public upon request and will notify SANDAG immediately if a complaint is lodged that relates to the project or program funded by this grant. CAPITAL GRANTS FY 207 V2072 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 26 3-13 Section 3. Ethics A. Grantee Code of ConductlStandards of Conduct. The Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagreements, leases, or third-party convacts supported with BPNSP Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third-party convactor at any tier or agent thereof. Such a conflict would arise when an employee, officer, council or board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the entity selected for award. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal invinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, board members, or their agents, or ire third-party convactors or subgrantees or their agents. Personal Conflicts of Interest The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third-party contract or subagreement supported by BPNSP Funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award. 2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third-party contract or subagreement may, without some restrictions on future activities, result in art unfair competitive advantage to the third-party contractor or subgrantee or impair iu objectivity in performing the contract work. B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. for all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for any contract to be made by SANDAG if any individual board member or staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or CAPITAL GRANTS FY 2077/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 27 3-14 accepting gratuities from any organization seeking funding from SANDAL. SANDAG's officers, employees, agents, and board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAL staff or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAL OFFce of General Counsel immediately. C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its BPNSP Funding application for the Project. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project, including, but not limited to, the Grantee's grant application, progressreports and invoices. Section 4. Approved Project Budget Except to the extent that SANDAL determines otherwise in writing, the Grantee agrees as follows: The Grantee and SANDAL have agreed to a Project budget that is designated the "Approved Project Budget." The Grantee will incur obligations and make disbursements of Project funds only as authorized 6y the Approved Project Budget. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Agreement, except that re-allocation of funds among budget items or fiscal years that does not increase the total amount of the BPNSP Funding awarded for the Project may be made by SANDAG's Project Manager consistent with applicable laws, regulations, and policies. Prior written SANDAL Project Manager approval is required for transfers of funds between Approved Project Budget line items. Section 5. Payments A. Funding Commitment. The Grantee agrees that SANDAG's maximum commitment for Project Costs will not exceed the Maximum SANDAL Contribution of $_. SANDAG's responsibility to make, or, for TDA-funded projects, to authorize the County of San Diego to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Within 30 days of notification to the Grantee that specific amounts are owed to, or withheld by, SANDAL, whether for excess payments of BPNSP Funding. Grantee's failure to comply with the Agreement, SANDAL Board Policy No. 035 (Attachment B) and any policy amendments thereto, disallowed costs, or funds recovered from third-parties or elsewhere, the Grantee agrees to remit the owed amounts to SANDAL, including applicable interest, penalties, and administrative charges. B. Payment by SANDAL. Grantee is required to submit invoices no more often and no less frequently than quarterly. Invoices must be accompanied by a quarterly report (Attachment D). SANDAL will make payments, or, for TDA-funded projects, authorize the County of San Diego to make payment, for eligible amounts io Grantee within 30 days following receipt of Grantee's invoice(s) if Grantee has complied with the requirements of the Agreement, including quarterly reporting requirements, has satisfied SANDAL that the BPNSP Funding CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 28 3-15 requested is needed for Project purposes in that requisition period, and is making adequate progress toward Project completion consistent with SANDAL Board Policy No. 035 and any policy amendmenu thereto. After the Grantee has demonstrated satisfactory compliance with the preceding requiremenu, SANDAL will reimburse the Grantee's apparent allowable cosu incurred consistent with the Approved Project Budget for the Project. For TDA-funded Projecu, Grantee is advised that the County of San Diego makes payments on the 20th day of each month, or the following business day. C. Eligible Cests. The Grantee agrees that Project costs eligible for BPNSP Funding must comply with all the following requiremenu. Except to the extent that SANDAL determines otherwise, in writing, to be eligible for reimbursement, Project costs, must be: 1. Consistent with the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement, 2. Necessary in order to accomplish the Project, 3. Reasonable for the goods or services purchased, 4. Actual net cosu to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income), 5. Incurred for work performed, only on a reimbursement, not advance basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAL, 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice, 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third-pary contractors and subgrantees, (see Section 6 Accounting Records), and 8. Eligible for BPNSP Funding as part of the AT Program Ctaim Eligible Costs. 9. Exoended allowable direct and indirect costs. lndirect costs will be reimbursed only if the Grantee has an approved indirect cost allocation plan and prior written approval has been obtained by SANDAL. The Grantee shall annually submit to SANDAL, prior to reimbursement of indirect cosu, an approved indirect cost allocation plan in accordance with Office of Management and Budget (OMB), Circular A-87 Cost Principles for State, Local, And Indian Tribal Governmenu, which can be viewed at http:!/www.whitehouse.gov/omb/circulars. Indirect Costs are only allowable with either: (7) an approved indirect cost rate from a Federal Cognizant agency (or its designee) or an independent certified accounting firm; or (2) the applicant's proposed method for allocating indirect cosu must be submitted in accordance with applicable OMB guidelines and approved by SANDAL. If the Grantee does not have an acceptable approved indirect cost allocation plan, then indirect costs are not eligible for reimbursement. CAPITAL GRANTS FY 207712072 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 29 3-16 10. Project generated revenue realized by the Grantee shall be utilized in support of the Project. Project generated revenue and expenditures, if any, shall be reported at the end of the Agreement period. 11. In the event the Grantee receives payment from SANDAG, for which reimbursement is later deemed ineligible and disallowed by SANDAG, the Grantee shall promptly refund the disallowed amount to SANDAG on request, or SANDAG may offset the amount disallowed from any payment due to or to become due to the Grantee under this Agreement. D. TDA Project Eligibility The law specifies that TDA money should be allocated according to the regulations adopted by SANDAG as the regional transportation planning agency. It also identifies certain categories of eligible projects. These specific project types represent neither an exhaustive list, nor are they listed as priorities (Public Utilities Code Sections 99233.3 and 99234). They are summarized below for reference. 1. Construction, including related engineering expenses, of bicycle and pedestrian facilities. 2. Maintenance of bicycle trails provided they are closed to motorized traffic. 3. Projects serving the needs of commuting bicyclists, including but not limited to, new paths serving major transportation corridors, secure bicycle parking at employment centers, park-and-ride lots, and transit centers where other funds are not available. 4. A comprehensive bicycle and pedestrian facilities plan (no more than once every five years), with an emphasis on bicycle projects intended to primarily accommodate non- recreational bicycle trips. 5. Up to 20 percent of the cost to restripe Class II bicycle lanes. 6. Up to 5 percent of the amount available to a city or the county may be expended in conjunction with other funds to support bicycle safety education programs, so long as the funds are not used to fully fund the salary of any one person. E. TransNet Project Eligibility 7ransNe[ BPNSP Funds may be expended for all purposes necessary and convenient to the design, right-of-way acquisition, and construction of facilities intended for use by bicyclists, pedestrian, and neighborhood safety programs. These funds also may be used for programs that help to encourage the use of bicycles(pedestrians, such as secure parking facilities, bicycle/pedestrian promotion programs, and safety programs. F. Excluded Costs In determining the amount of BPNSP Funding SANDAG u`~ill provide for the Project, SANDAG will exclude: CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 30 3-17 a. Any Project cost incurred by the Grantee before either the date SANDAG issues a Notice to Proceed io Grantee or the Effective Date of the Agreement or any Amendment thereto; b. Any cost that is not included in the latest Approved Project Budget; c. Any cost for Project property or services received in connection with a subagreement, lease. third-party contract, or other arrangement that is required to be, but has not bean, concurred in or approved in writing by SANDAG; d. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies. 2. Cercain costs at times associated with bicycle and pedestrian projects are not eligible when the benefit.provided is not the exclusive use of bicyclistr or pedestrians. These instances are listed below. 3. Curb and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. 4. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in fact, degrade the pedestrian environment. Claimants may not include the cost of driveway ramps in applications for sidewalk projects. However, the distance across the driveway may be included when computing the per-square-foot cost of the sidewalk. 5. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible. 6. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. 7. The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG's final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of the Agreement for the Project, and/or Board Policy No. 035. The Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any porcion of the BPNSP Funding requested or paid, SANDAG will notify the Grantee in writing, stating iu reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; CAPITAL GRANTS FY 20771201 Z ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 31 3-18 nor will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. G. Maximum SANDAG Participation. Upon receipt of an invoice from Grantee documenting Grantee's incurred and eligible expenses, SANDAG agrees to pay its Maximum PercentagelAmount of SANDAG Participation based on the invoiced amount. Note to SANDAG Contracts Staff: If grantee did not commit matching Funds In the grant application, please delete Section H. "Matching Funds" from the agreement, and re-letter following sections accordingly. Thank you. H. Matching Funds Grantee has proposed matching funds for the project and therefore agrees as follows: 1. Duty to Obtain Matching Funds The Grantee agrees to {provide sufficient funds or approved in-kind resources, together with the TransNet Ordinance Assistance awarded, that will assure payment of the actual cost of each Project activity covered by the Agreement for the Project. The amount of matching funds and percentage(s) of matching funds and/or in-kind contributions Grantee shall provide are set forth in the Approved Project Budget. The Grantee agrees to complete all proceedings necessary io provide its share of the Project costs at or before the time the matching funds are needed for the Project. Each of Grantee's invoices must include its pro-rata matching fund contribution as reflected in the Approved Project Budget, along with supporting, descriptive and/or explanatory documentation for the matching funds provided. 2. Prompt Payment of Matching The Grantee agrees to provide the minimum proportionate amount of the matching funds upon submittal of reimbursement for each invoice and cumulatively over the life of the project as it incurs Projectr costs. If the minimum match is not provided with each invoice submittal or cumulatively over the life of the project, the identical amount to make up the difference may be withheld as retention for each invoice until the minimum match cumulatively over the life of the project is satisfactorily provided. The retention withholding would be released upon the minimum match provided, in accordance with the invoice payment terms as stated in this Agreement. 3. Reduction of Matching Funds The Grantee agrees that no reduction of the amount of matching funds may be made unless, at the same time, a reduction of the proportional amount of TransNet Ordinance Assistance or TDA provided is made to SANDAG in order to maintain Maximum Percentage(s) of SANDAG participants. No refunds of matching funds will be made. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 32 3-19 Section 6. Accounting Records Incompliance with applicable laws, regulations, and policies, the Grantee agrees as follows: A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Grantee also agrees to maintain documentation of all checks, payrolls, invoices, contracu, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. CAPITAL GRANTS FY 20~N2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 33 3-20 B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to maintain alt documentation of costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate. Section 7. Reporting, Record Retention, and Access A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by laws and regulations, policies, the Agreement, and any other reports SANDAG may specify. B. Report Formats. The Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and or typewritten hard copy formats as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and for three years thereafter from the date of transmission of the final expenditure report, the Grantee agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as SANDAG may require. D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and require iu subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its subgrantees pertaining to the Project. E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. F. Quarterly Reports. Grantee shall submit written quarterly reports td SANDAG detailing the progress of its work, expenditures incurred, and information regarding whether the Project is projected to be completed within the limits of the Approved Project Budget, Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. Grantee shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG. This includes progress and final reports, plans, specifications, estimates, and other evidence of attainment of the Agreement objectives, which are requested by SANDAG or the ITOC. Grantee may be required to attend meetings of SANDAG staff and committees, including ITOC, to report on its progress and respond to questions. G. Data Collection and Communities Served Report. If requested, Grantee shall provide SANDAG with data regarding how the Project's benefits and burdens were equitably distributed among sotto and economic populations in the area affected by the Project, and associated active transportation data CAPITAL GRANTS FV 2011/2072 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 34 3-21 Section 8. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Within ninety (96) calendar days following Project completion or termination by SANDAG, the Grantee agrees io submit a final certification of Project expenses and final reports, as applicable. All paymenu made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. B. Project Audit. The Grantee agrees to have performed financial and compliance audits SANDAG may require consistent with Public Utilities Code Section 99245, for TDA funds; and consistent with the TransNet Extension Ordinance for 7ransNet funds. This Project's TDA Claim Number and/or its MPO ID Number is located in both Recital H, above, and on Attachment A.The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. C. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicable, either forwards the final BPNSP Funding payment and liquidates any remaining #unds.. The Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requiremenu imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG. D. Project Use. Grantee was awarded this Agreement based on representations in its grant application regarding the Project's intended use. If the Project is a capital project, Grantee hereby commits to continued use of the Project for the purposes stated in its application for a period of at least five years after completion of construction. SANDAG may require Grantee to refund BPNSP funding provided for the Project in the event Grantee fails to utilize the Project for its intended purposes as stated in the grant application or for any disallowed costs. Section 9. Timely Progress and Right of SANDAG to Terminate A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule (Attachment A), and consistent with SANDAG Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per SANDAG Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy NO, 035, that endangers substantial performance of the Project shall provide sufi-icient grounds for SANDAG, in its sole discretion, to terminate this Agreement. B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or CAPITAL GRANTS FY 207772012 ACTIVE TRANSPORTATION PROGRAM CALL fOR PROJECTS 35 3-22 any rights or remedies provided by this Agreement, including SANDAG Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any part of the BPNSP Funding to be provided for the Project if the Grantee has violated the Lerms of the Agreement, or SANDAG Board Policy No. 035, or if SANDAG determines that the purposes of the laws or policies authorizing the Project would not be adequately served by the continuation of BPNSP Funding for the Project. D. In general, termination of BPNSP Funding for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused BPNSP Funding by failing to make adequate progress, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require the Grantee to refund to SANDAG the entire amount of BPNSP Funding provided for the Project or any lesser amount as SANDAG may determine. E, Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project, however, Grantee muse request and SANDAG must agree to amend the Agreement in writing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at SANDAG's discretion if Grantee's request is consistent with the provisions of SANDAG Board Policy No. 035. F. Amendment of Scope. The grant was awarded based on the application submitted by Grantee with the intention that the awarded funds would be used to implement the Project as described in the Scope of Work (Included in Attachment A}. Any substantive deviation from the Scope of Work must be approved by SANDAG if BPNSP Funds are to be used for such changes. If Grantee believes substantive changes need to be made to the Project, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the AT Program, SANDAG Board Policy 035 and that the changes would not have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have BPNSP Funding withheld or refunded due to substantive Project changes. Section 10. Disputes and Venue A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State of California. B. Dispute ResoFution Process. In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1 Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to CAPITAL GRAMS FY 2011/2012 AC71VE TRANSPORTATION PROGRAM CALL FDR PROJECTS 36 3-23 SANDAG's Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within 20 days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to SANDAG's Executive Director. The request for reconsideration must be received within 10 days from the postmark date of SANDAG's reply. The Executive Director will respond to the request for reconsideration within 10 working days. The decision of the Executive Director will be in writing. 2 If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee. SANDAG shall respond to a request for mediation within thirty {30) calendar days. The decision of the Regional Planning Committee shall be final. C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall 6e brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. Section 11. Assignment The Grantee agrees that Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement Section 12. Project Manager The Grantee has assigned [INSERT PROJECT MANAGER NAME] as the Project Manager for the Project. Project Manager continuity and experience is deemed essential in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. Grantee shall not change the Project Manager without notice to SANDAG. Section 13. Insurance Grantee shall procure and maintain during the period of performance of this Agreement, and for 12 months following completion, policies of insurance from insurance companies authorized to do business in the State of California or the equivalent types and amounts of self-insurance, as follows: A. General Liability. Combined single Limit of $1,000,000 per occurrence and $2,000,OOD general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others Endorsement." The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG. B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not less than $1,OOD,ODO. CAPITAL GRANTS FY 207 V20tt ACTIVE TRANSPORTATION PROGRAM GALL FOR PROJECTS 37 3-24 C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement" naming SANDAG as an additional insured. D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of "A-" or better, and a financial size of "$10 million to $24 million {Class ~ or better," or 1. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. 2. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not convibute to any loss under Grantee's insurance. Each insurance policy shall contain a clause which provides that the policy may not be canceled without first giving thirty (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. Section 14. Indemnification and Duty to Defend A. Generally. With regard to any claim, protest, or litigation arising from or related to the Grantee's performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevailing wages claims against the Project, asserted or liability established for damages or injuries to any person or property, including injury to the Grantee's or its subgrantees' employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the Grantee and its subgrantees and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Grantee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its agents, officers, or employees. B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save, and hold harmless SANDAG and its officers, agents, and employees acting within the scope of their official duties against any liability, including casts and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrighu, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition CAPITAL GRANTS FY 2011(201 Z ACTIVE TRANSPORTATION PROGRAN CALL FOR PROJECTS 36 3-25 of any data furnished under The Project. The Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents. Section 15. Relationship of Parties For purposes of this Agreement, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultanu, and operations. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. Section 1fi. Severability and Integration If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable Taws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. Section 17. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: San Diego Association of Governmenu 401 B Street, Suite 800 San Diego, CA 92101 Attn: Christine Eary Grantee: City of National City 1243 National City Boulevard National City, CA 91950 Attn: Stephen Manganiello and shall be effective upon receipt thereof. Contracts Staff: After receiving this original agreement back from the Grantee and before routing the original agreement for final SANDAG "wet" signatures, please confirm with SANDAG Finance and Planning staff that the applicable RTIP has been approved. Thank you. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL POR PROJECTS 39 3-26 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROTECT BUDGET w N J Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Project Description [PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, ETC.), TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET) TDA CLAIM NO, 7~ansNe[ MPO ID NO. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS nt ATTACHME111T B ~SAND~G~/ ~~/ COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy BOARD POLICY NO. O aJ J This Policy applies to the following grant programs administered through SANDAG, whether from TransNet or another source: Smart Growth Incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior Mini Grant Program, Job Access Reverse Commute, New Freedom, and Section 5310 Elderly & Persons with Disabilities Transportation Program. Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that conflict with the requirements in this Policy. There are never enough government grant funds to pay for all of the projects worthy of funding in the San Diego region. For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees accountable to the project schedules they have proposed in order to ensure fairness in the competitive process and encourage grantees to get their projects implemented quickly so that the public can benefit from the project deliverables as soon as possible. Procedures 1. Project Milestone and Completion Deadlines i.1. When signing a grant agreement for a competitive program funded and/or administered by SANDAG, grant recipienu must agree to the project delivery objectives and schedules in the agreement. In addition, a grantee's proposal must contain a schedule that falls within the following deadlines. Failure to meet the deadlines"below may result in revocation of all grant funds not already expended. The final invoice for capital, planning, or operations grants must be submitted prior to the applicable deadline. 1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary construction contract must be awarded within two years following execution of the grant agreement, and construction must be completed within eighteen months following award of the construction contract. Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project muss be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year CAPITAL GRANTS FY 2011/20'12 ACTIVE TRANSPORTAT13 N ~ 80GRAM CALL FOR PROJECTS 42 Section'18. Signatures The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF NATIONAL CITY GARY L. GALLEGOS Executive Director APPROVED AS TO FORM: Associate General Counsel [Futi Name] - [Title] APPROVED AS TO FORM [Full Name] [Title] CAPITAL GRANTS FY 2011I2D12 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 4D 3-29 following execution of the gran[ agreement, and the planning project must be complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Granu. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of the grant agreement, and the operations must commence within six months following award of the operations contract. If no services contract for operations is necessary, the operations project must commence within one year of execution of the grant agreement. 1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment or vehicles, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year following execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months following award of the purchase contract. 2. Project Milestone and Completion Deadline Extensions 2.1. Schedules within grant agreemenu may include project scopes and schedules that will identify interim milestones in addition to those described in Section 1 of this Policy. Grant recipients may receive extensions on their project schedules of up to six months for good cause. Extensions of up to six months aggregate that would not cause the project to miss a completion deadline in Section 1 may be approved by the SANDAG Executive Director. Extensions beyond six months aggregate or that would cause the project to miss a completion deadline in Section 1 must be approved by the Policy Advisory Committee that has been delegated the necessary authority by the Board. For an extension to be granted under this Section 2, the following conditions must be met: 2.1.1. For extension requests of up to six months, the grantee must request the extension in writing to the SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension should be granted. The Executive Director's action will be reported out to the Board in following month's report of delegated actions. 2.1.2. A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2. the grantee may appeal within [en business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 43 3-30 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligation by the grantee to return to SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects that were already granted extensions by the Executive Director and are again falling behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program Manager. 3.2 A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. The grantee must provide the necessary information to SANDAG staff to place in a report to the Policy Advisory Committee. If sufficient time is available, and the grant utilized 7ransNet funds, the request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommendation. The grantee should make a representative available at the meeting to present the information to, andlor answer questions from, the ITOC and Policy Advisory Committee. 3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for extenuating circumstances that the grantee could not have reasonably foreseen. 4. Resolution and Execution of the Grant Agreement 4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed grants, prospective grantees must submit a resolution from their authorized governing body that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets the requirements in this Subsection 4.1 will result in rejection of the application and the application will be dropped from consideration with funding going. to the next project as scored by the evaluation committee. In order to assist grantees in meeting this resolution deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant application submission. 4.1.1 Grantee governing body commits to providing the amount of matching funds set forth in the grant application. 4.1.2 Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 5. Increased Availability of Funding Under this Policy CAPITAL GRANTS FY ZD77/2072 ACTIVE TRANSPDRTATION PROGRAM CALL FOR PROJECTS 44 3-31 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on [he recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 CAPITAL GRANTS fY 201112012 ACTIVE TRANSPORTATION PROGRAM CALL fOR PROJECTS 55 3-32 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Design Development Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development meetings, and a meeting summary following the meeting, SANDAG staff may attend any meetings as appropriate. 3. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and .100 percent. SANDAG staff may meet with the grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: whether they are consistent with the project proposed in the original grant application, and consistency with accepted pedestrian/bicycle facility standards. 4. Quarterly Reports: Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 5. Performance Monitoring: SANDAG staff may measure performance of the constructed capital improvemenu against stated project objectives, and evaluate the overall AT Program. Grantee is expected to meet with SANDAG staff io identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. Planning Grants 1. Contact Information. Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all stakeholder and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 3. Request for Proposals and Consultant Selection. Grantee must submit consultant draft Request for Proposals to SANDAG staff for review and comment. Consultant proposals must also be submitted to SANDAG for review and comment prior to consultant selection. 4. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 4a 3-33 ATTACHMEM D QUARTERLY REPORT AND [NVO{CE FORMS CAPITAL GRANTS FY 2017/2012 ACTIVE TRANSPORTATION PROGRAM CALL fOR PROJECTS 47 3-34 ACTIVE TRANSPORTATION GRANT PROGRAM QUARTERLY PROGRESS REPORT Reporting Period: Due Date lan. 1 -March 31 April 15th April 1 -June 30 July 15th July 1 -Sept. 30 Oct. 15th Oct. 1 -Dec. 31 Jan. 15th Project Title Project Manager Name Agency Address Telephone Contract Invoice Date: Invoice r: Invoice Period: (from) (to) Task 7 fFi[I in each task from Scope of Workl 1. Work Accomplished this Invoice Period Add description 2. Work Anticipated for Next Invoice Period Add description 3. Challenges or Problems Experienced and Actions Toward Resolution Add description Task 2 1. Work Accomplished this Invoice Period Add description 2. Work Anticipated for Next Invoice Period Add description 3. Challenges or Problems Experienced and Actions Toward Resolution Add description CAPITAL GRANTS FY 2011!2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 48 3-35 Summary of Progress Task Scheduled Scheduled Completed Start Complete Anticipated Start Date Completion This Next Next Completion Date Invoice Invoice Invoice Oate (if not Period? Period? Period? as (mark x) (mark x) (mark x) scheduled) Task 1 Task 2 Task 3 Actionls requested of SANDAG (check appropriate box/es): ^ No action requested ^ Amendment to*: ^ Scope of Work Describe: Justification: ^ Project Budget Describe: Justification: ^ Project Schedule Describe: Justification: `For any amendment requested, please describe the amendment and providejustification for why the amendment is needed. For Project Schedule amendment requests, explain: • previous efforts to maintain timely progress, • reasons for the delays and why they were unavoidable, and • demonstrate how the project wil/ meet the proposed revised deadlines if the schedule amendment is approved. It is the Grantee's responsibility to ensure compliance with Board Policy No. D35 (Use it or Lose itJ milestones and grant agreement terms and conditions. Amendment requests are subject to SANDAG approval. Note that any changes from scheduled start and completion dates are subject to approval by SANDAG. Please refer to Board Policy No. 35 in your grant agreement regarding milestones that fall behind schedule, and the actions required for schedule adjustments. CAPITAL GRANTS FY 2011/Z072 ACTIVE TRANSPORTATION PROGRAM CALL fOR PROJECTS 49 3-36 Involco Pnrl t or 2 TOAITransNet ACTIVE TRANSPORTATION GRANT PROGRAM INVOICE W I W v To: From: OSWALBD PEREZ ProjOd Namv: SANOAG Contract Numbvc 4DI B Sbecl, Suilc N00 San DicOO, CA 90101J731 Gmnl InvOlm Numbar: H Name BII4n« POrIOtl: PROM Jmistlitlian Involco bale) PATE naaram Oranl Awartl: 50.00 Balanco RvmOining 50.00 TO °R of lolvl root ewarda Onl nDlVrol Prvviaae Bala nco Durnnl MMf00(YYYY IO MMI DDIYYYY Tobl Ea en eAN0A0 Tetal Idal<hs enl sea 09anca TASK Relmbunvtl M1lateh Tvdl - -Bplf Cosle aneu mm ar -. cvnhacmr Cvab 'GlherDmle Thle lnvOlce -Thla Invoke Thle lnvOlea RemalnlON i Prolim En ineerin 8 pesi n 50.00 50,00 50,00 50.00 50.00 30.00 50,00 «DNNI IIDIVNI NDNNI 2 30%Revivw E000 50.00 50.00 50.00 Sv.00 «pIVIDI IIDIVI01 IIDIVroI 0 60%ROVIaw 40.00 50.00 50,00 50.00 5000 HDIW01 IIDIVI01 IIDIVNI 4 90,4 ROView 50.00 ED.BO 50.00 50.00 50,00 NDNNI IIOIVIOI nDNNI 5 100%Roviow 50,00 E0.00 NDIV/01 IIDNl01 NDNNI e AdveOBa Ivr Canslrvdivn 50.00 50.00 #DIVroI fIDIVNI NDNN! 7 Awartl Ganlracl 30.00 E0.00 g01VNl NDNN! NDIV/01 B Be in canslruclion 50.00 50.00 IIDIVI01 IIDIVI01 IIDNI01 9 Canslrvdion Task 50.00 50.00 IIONNI NDIV/01 NDNNI 10 ConalrucOOn Task SO,OD 50.00 HOIVNI NDIVl01 HDN/01 11 COnslrvcUon Task 50.00 SD.00 IIDNNI #DNNI NDNNI 12 CanslrvcWn Task 50.00 50.00 IIDIVNI NDNNI #DNNI iJ Conslrudlon Task 50.00 E0,00 HpN/01 NDNNI NDNNI id Gonslrucllan Tosk 50.00 30,00 ZION/01 IIDIVNI NDIVI01 15 Conzbuclian Task 40.00 SD.DD NDNNI IIDIVroI NONI01 ifi ConsUUCOOn Task 50.00 50.00 NON/01 HOIVI01 NDIV/01 17 Construction Task 50.00 30.00 gDIVNI tIDIV101 HDTV/OI 70 CDn51NCUDn Task 50.00 50,00 I(DIVroI IIDIVNI NON/01 19 Cansiruclivn Task $0.00 50,00 It01VN1 NDNNI ADNI01 20 Donalm<oon Task 50.00 30.00 nDIVNI HDIVIOI 11pN/01 21 ConslrUClion Tesk 50.00 50.00 nDIVNI nDIV101 IIDIVNI 22 Comlrudion Task 60.00 x0.00 «DNNI nDIVro! IIDIVNI z3 conabedmnTazk 50.00 50.00 nbivrol xbiwDl nDNrol za conmrunwncom low 50.00 s0.00 NDNNI nDlvrol apivro! 20 Project CompklieNCloscoUl E0.00 50.00 «DNNI IIOIV/01 «DIVI01 Total 30.00 30.00 ;0.00 30.00 E0.00 $0.00 50.00 gDIVlO! gDIV/0! IIOIVI01 Total Curtenl Expantlllums: 50.00 TvlalAmvvnl DUO 1610 lnvolcv: gDIVl01 Last fOY. Rafvnllon: IIDIVNI Match %Met to Palo: «DM01 CAPITAL GRANTS FY 207 V2072 ACTIVF. TRANSPORTATION PROGRAM CALL FOR PROJECTS 50 Involca Par11 alt W I W Inillal hnrv it prolacl Is complolp entl Ihis I41ho FINAL INVOICE '~ CERTIFICATION OF GRANTEE ~1 M1ereby cedifY IM1al OO abava cos4 rare Incurted In Oedolmanee of IM1e uelk ro4uimtl undor Ibe pram and ore eontlslenl uipl the nmmunb evldenead by alladmd evppaninp documents and erpendllums. Gignnluro Ptlnlod Nam4 and Tlllo Ooln OIOOr COSIS ColumnG Owcrlbv Es omos: Praivcl 8utlgat ..SANOAG: -MnlcN Talol Taek 1 -. Gr4nt ' Task 2 Task t EO,pO So W E0.00 Task) Task2 50,00 50.00 Ep.pp Tpsk4 Task) 50.00 50.00 30.00 Task 4 SOAP 50.00 $0.00 Task 5 30.00 Task6 SO,Op Tnsk ] 50.00 Tosk a Ep,pp Task 9 50.00 Tosk 10 E0.00 Task 11 50.00 Tosk 12 50.00 Task iJ 50.00 Task i4 5000 Task 15 E0.00 Tnsk 1G Ep.pp Tosk 1] 50.00 Task iB SO.pp Task 19 Sp,pp Tosk 20 50.00 Tnsk 21 E0.00 Task 22 E0.00 Task 20 30.00 Tnsk 24 Ep.pp Task 25 50.00 TOTAL E0.00 EO.pp E0.0a Ro ulratl Malah °: HOIVI01 CAPITAL GRANTS EY 2011(2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 51 RESOLUTION 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR FY2011 - FY2012 ACTIVE TRANSPORTATION GRANT PROGRAM FOR BICYCLE AND PEDESTRIAN PROJECTS, CERTIFYING THAT MATCHING FUNDS ARE OR WILL BE AVAILABLE THEREFOR, AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT WHEREAS, $8.8 million of Transportation Development Act/TransNet funding for capital and non-capital active transportation projects is available to local jurisdictions and the County of San Diego from Fiscal Year 2011-2012; and WHEREAS, a Call for Projects has been announced by SANDAG, which would be funded from Fiscal Year 2011-2012; and WHEREAS, the deadline for submitting applications is July 17, 2012; and WHEREAS, staff recommends the submittal of an application for the construction of pedestrian and bicycle improvements along both sides of Industrial Boulevard approximately between Ada Street and Anita Street, at an estimated cost of $641,920; and WHEREAS, the City understands that the Active Transportation Grant Program funding is fixed at the programmed amount, and therefore project cost increases that exceed the grant awazded will be the sole responsibility of the grantee; and WHEREAS, the City agrees to complete the proposed grant project within a timely matter and in compliance with SANDAG Board Policy No. 035; and WHEREAS, the City is providing a match of local funds; and WHEREAS, it is proposed that the City apply for a total grant amount of $450,844 and matching funds of $191,076 from the City's annual TransNet allocation; and WHEREAS, the City will have sufficient funds in the Fiscal Year 2012/2013 Transnet allocation to commit the matching funds. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the submittal of a grant application for the project identified above for the FY2011-FY2012 Active Transportation Grant Program Funding, certifies that matching funds are or will be available therefor, and that if a grant is awarded, accept the terms of the grant agreement with no exceptions. 3-39 Resolution No. Page 2 Presented by Richazd A. Hopkins Director of Public Works 3-40 City Attorney