HomeMy WebLinkAbout2012/07/10 Item 05~~ CITY COUNCIL
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~~~ CITY OF
CHUTA VISTA
JULY 10, 2012, Item ,~
ITEM TITLE: A•) RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE HEALTHY
TRANSPORTATION NETWORK REPORT ON THE
FEASIBILITY OF BIKE LANES ON BROADWAY
B.) RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE FILING OF
AN APPLICATION FOR ACTIVE TRANSPORTATION
GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS FOR THE
BROADWAY BIKE LANE PROJECT, AND ACCEPTING
THE TERMS OF THE GRANT AGREEMENT
C.) RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE FILING OF
AN APPLICATION FOR ACTIVE TRANSPORTATION
GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS FOR THE MAIN ST.
STREETSCAPE MASTER PLAN, I-5 TO I-805, AND
ACCEPTING THE TERMS OF THE GRANT AGREEMENT
D.) RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE FILING OF
AN APPLICATION FOR ACTIVE TRANSPORTATION
GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS FOR THE THIRD
AVENUE STREETSCAPE IMPLEMENTATION PROJECT,
PHASE TWO, AND ACCEPTING THE TERMS OF THE
GRANT AGREEMENT
,:
SUBMITTED BY: ASSISTANT CITY MANAGE IRECTOR OF
DEVELOPMENT SERVICES
REVIEWED BY: CITY MANAGER S
4/STHS VOTE: YES ~ NO ~X
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JULY 10, 2012, Item
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SUMMARY
Earlier this year, the City Council adopted Resolution 2012-016, approving the
application for the Main Street Streetscape Master Plan for a Sustainable Communities
Planning Grant under the State's Prop 84 funding program. While the City scored well,
the grant program was highly competitive and the City was not successful in obtaining
the grant from this State funding source. However, SANDAG has recently opened a call
for projects under the Active Transportation Grant Program. This action proposes three
applications for the SANDAG Active Transportation Grant program: 1) A Streetscape
Master Plan for Main Street, from I-5 to I-805 to provide a "Complete Street": awell-
balanced, connected, safe, and convenient multi-modal transportation network designed
to serve all users of the street, regardless of their age or ability, or whether they are
driving, walking, bicycling, or taking transit; 2) Third Avenue Streetscape
Implementation Project, Phase Two, to fund final engineering and construction of the
next phase of the Third Avenue Streetscape Master Plan; and 3) Class II bike lanes or
sharrows along Broadway from the northerly to the southerly City limits. This last
project includes a request for funds for public outreach to assist in determining the
configuration of the bicycle facility.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity, consisting of
approving three Active Transportation grant applications 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
environmental review is necessary at this time. Although environmental review is not
necessary 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.
RECOMMENDATION
Council adopt the Resolution.
DISCUSSION
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. A Multi-Modal transportation network allows all users to effectively travel by
motor vehicle, foot, bicycle, and transit to reach key destinations within their community and
the larger region. The specific objectives of the Active Transportation Grant Program are:
• Encourage the development of a cohesive network of complete streets, improve
bicycle /pedestrian neighborhood connectivity to transit and destinations such as
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JULY 10, 2012, Item
Page 3 of 4
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 bicycle 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 of
bicycling and walking in the region, by providing supportive facilities, amenities
and programs for bicyclists and pedestrians. - -
Streetscape Master Plan Grant Applications
Grants are available for both Capital and Non-Capital Projects. The Main Street
Streetscape Master Plan would be submitted under the Non-Capital Grant Program for an
amount of $300,000 and the Third Avenue Streetscape Implementation Project would be
submitted under the Capital Grant Program for an amount of $1.5 million dollars. While
there is no "match" required for the Active Transportation Grant, the Main Street grant
proposes a match of approximately $51,000 in previously budgeted funds associated with
the public outreach component. There is no match proposed for the Third Avenue
project. Both the Main Street project and the Third Avenue projects are excellent
opportunities to improve safety, access, and mobility for all users and recognize pedestrian,
bicycle, and transit modes as integral elements of their transportation system.
In addition, the Main Street Streetscape Master Plan has received public input through the
Southwest Community meetings and staff will continue to solicit extensive public
participation once grant funding has been secured. The Third Avenue Streetscape Master
Plan has also received extensive public participation with a focus now on finding funding
for the next phases of design and construction.
Broadway Bicycle Facility
A "Feasibility of Bicycle Lanes on Broadway" study (Attachment 1) prepared by the Rails
to Trails Conservancy, the Local Government Commission and the California Bicycle
Coalition ("Health Transportation Network Study") was completed in 2011 and concluded
that:
• Bicyclists are already traveling along Broadway, both for the purpose of through
travel as the parallel routes are not continuous, and to access the services and
businesses that are located on Broadway;
• Traffic volumes and vehicle speeds are too high on Broadway for bicyclists to share
the lane with motorists, and no bike lanes exist to provide a safer space for
bicycling;
• Bicyclists most often ride on the sidewalks, which presents serious hazards at
intersections and degrades the pedestrian environment.
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This study presents various lane and parking configurations to implement Class II Bike
Lanes. The goals are not only to increase safe bicycle usage in the area but also provide
healthy transportation choices and improve the economic viability of the adjacent businesses
in the area. The grant application includes funding for public outreach to determine how
best to implement these scenarios for each segment of Broadway. Council has budgeted
funds in the Bicycle Facilities Gap Project (Capitol Improvement Project # STM 369) that
are would be used in the amount of $20,000 as matching funds for the Broadway Bike Lane
project to increase the competitiveness of the grant application. The total cost estimate for
the project is $530, 000.
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 property that is the subject of this action.
CURRENT YEAR FISCAL IMPACT
There is no impact to the General Fund. If the resolution is approved, the City will apply
for Active Transportation Grant Funds. If a grant is awarded, staff will return to Council
to approve a contract with SANDAG and recommend- accepting and appropriating the
grant funds into the Capital Improvement Program.
ONGOING FISCAL IMPACT
If a grant is awarded, staff will return to Council for approval of a contract with
SANDAG and to accept and appropriate the grant funds into the Capital Improvement
Program.
Attachment 1: Healthy Transportation Network Report
Prepared by: Tom Adler
H: IDSDIAgendas and Resos, most up to date version1201217-10-121Active Transportation Grant.ml.doc
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Memo
To: City of Chula Vista -
From: Healthy Transportation Network
Re: Accommodating Bicycles on Broadway
Feasibility of Bicycle Lanes on Broadway
Based on the field visit we conducted on August 9, 2011 and the discussions we held with City
transportation staff during that visit, we believe that the City of Chula Vista will improve traffic
safety and neighborhood livability by accommodating bicycling on Broadway. We recommend the
installation of class 2 bicycle lanes from C Street to Main Street. This conclusion is based on the
following observations:
^ Bicyclists are already traveling along Broadway, both for the purpose of through travel as the
parallel routes are not continuous, and to access the services and businesses that are located on
Broadway;
..: Traffic volumes and vehicle speeds are too high on Broadway for bicyclists to share the lane
with motorists, and no bike lanes exist to provide a safer space for bicycling;
^ Therefore, bicyclists most often ride on the sidewalks which presents serious hazards at
intersections and degrades the pedestrian environment;
The good news is that there is enough space on Broadway to accommodate Class 2 bicycle lanes
without the added cost of shifting curbs or purchasing right-of--way. Blocks on the northern section
of Broadway, from C Street to F Street, typically have 70 feet, curb-to-curb; blocks on the southern
section of Broadway, from F Street to Main Street typically have 80 feet, curb-to-curb. We believe
that a customized plan that takes into account the available space, curb-to-curb, as well as the
varying need for parking and/or two-way left-turn lanes along different sections of Broadway can
be developed to provide a continuous Class 2 bicycle lane in each direction Broadway.
On the sections of Broadway that currently have 70 feet curb-to-curb, the bicycle lanes will only fit
if parking on one side of the street or the two-way left-turn lane is dropped. The City will need to
evaluate the tradeoffs between these two strategies. Although it is often desirable to provide on-
street parking to support local businesses, the Broadway corridor appears to have sufficient off-
street parking that eliminating it on some blocks should be possible without negative impacts. If
parking is eliminated on one side of the street the lane widths would be as follows:
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^ One 6-foot bicycle lane (adjacent to curb), two 10-foot travel lanes, one 10-foot two-way, left
turn lane, one 10-foot lane, one 11-foot travel lane, one 6-foot bicycle lane and one 7-foot
parking lane as shown below.
__
If the two-way left turn lane is eliminated, the lane widths would be as follows:
^ Two 7-foot parking lanes, two 6-foot bicycle lanes, four 11-foot travel lanes as shown below.
_.
On the sections of Broadway that currently have 80 feet curb-to-curb, bicycle lanes will fit without
changing the lane configuration except for narrowing the lanes, as follows:
^ Two 7-foot parking lanes, two 6-foot bicycle lanes, four 11-foot travel lanes, one 10-foot two-
way left turn lane as shown below.
On sections of Broadway that have more than 80 feet curb-to-curb, efforts should be made to add a
raised median with turning pockets instead of a continuous two-way left turn lane to make it easier
for pedestrians crossing the street and to better channelize turning movements. This is especially
the case in sections of Broadway where the blocks are long and pedestrians are crossing midblock.
On the section of Broadway between H Street and I Street, due to particularly high volume of
through and turning traffic, it might make sense to eliminate the on-street parking adjacent to the
Chula Vista Center mall and to provide a raised median with turning pockets where needed.. Studies
have found that raised medians can reduce pedestrian crashes by up to 40 percent. (See Zegeer, C.,
Stewart, J., and Huang, H., SafetyEffects oflLlarked versus UnmarkedCrorswalks art Uncontrolled
Locations:•LxeculiveSummaryana'RecommendedGuidelir~er, Report No. FHWA-RD-O1-075,
Federal Highway Administration, Washington, DC, March 2002.)
In the sections south of L Street that include a raised median with turning pockets, the City may
need to eliminate on-street parking in some sections in order to fit in the bicycle lanes. When
bicycle lanes are placed next to parked vehicles, a minimum of 13 feet should be provided for the
parking lane and the bicycle lane. To encourage motorists to park close to the curb, the parking
lane (or T markings) should be placed 7-feet from the curb, with a 6-foot bicycle lane.
(Alternatively the parking lane can be set at 8 feet with a 5-foot bicycle lane.) All parking lanes
should be marked with a continuous line or with "T"s that designate the individual parking spaces.
If T markings are used, a perpendicular line extending into the bicycle lane four feet should be
included (as shown in Appendix A, Slide # 19 of the powerpoint presentation) to indicate to
bicyclists where to ride to stay out of the door zone.
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Bicycle lanes at any intersections along Broadway that include a dedicated right-turn lane should
shift to the left of the lane as per the California MUTCD, Chapter 9, so cyclists can travel straight
and avoid "right-hook" crashes.
As we discussed with staff during our visit, 10-foot lanes on urban arterials with speeds below 45
mph have not been found to reduce safety or capacity. A study on lane width safety by Potts,
Harwood and Richard presented at the Transportation Research Board in 2007 stated that: "The
research found no general indication that the use of lanes narrower than 3.6 m (12 ft) on urban and
suburban arterials increases crash frequencies. This finding suggests that geometric design policies
should provide substantial flexibility for use of lane widths narrower than 3.6 m (12 ft)."
("Relationship of Lane Width to Safety for Urban and Suburban Arterials," Ingrid B. Potts Principal
Traffic Engineer Midwest Research Institute, Douglas W. Harwood Transportation Research Center
Manager Midwest Research, Karen R. Richard Staff Analyst Midwest Research Institute, TRB 2007
Annual Meeting, Transportation Research Record 2023.}
Additional support for narrower lanes is included in the following studies:
^ Safe Streets, Livable Streets: A Positive Approach to Urban Roadside Design, A Dissertation
Presented to The Academic Faculty by Eric Dumbaugh, In Partial Fulfillment of the
Requirements for the Degree Doctor of Philosophy in the School of Civil and Environmental
Engineering, Georgia Institute of Technology December, 2005
^ Traffic Fatalities and Injuries: Are Reductions the Result of "Improvements" in Highway
Design Standards? Robert B. Noland Centre for Transport Studies Dept. of Civil and
Environmental Engineering Imperial College of Science, Technology and Medicine London,
SW7 2BU Phone: 011-44-207-594-6036 Fax: 011-44-207-594-6102 Email: r.noland@ic.ac.uk
http://cts.cv.ic.ac.uk (TRB Presentation 2000)
^ The Effects of Transportation Corridors' Roadside Design Features on User Behavior and
Safety, and Their Contributions to Health, Environmental Quality, and Community Economic
Vitality: a Literature Review, Elizabeth Macdonald, Rebecca Sanders, Paul Supawanich,
University of California, Berkeley, University of California Transportation Center UCTC
Research Paper No. 878
^ The Influence of Lane Widths on Safety and Capacity: A Summary of the Latest Findings
Theodore Petritsch, P.E. PTOE Director of Transportation Services Sprinkle Consulting,
Sprinkle Consulting
Examples of cities that have accommodated bicycle lanes on multi-lane streets by narrowing down
the vehicle travel lanes to 10 feet are included in Appendix B, "Accommodating Bike Lanes in
Constrained Rights of Way" assembled by the Association of Pedestrian and Bicycle Professionals.
Photographs of cities that have similar streets to Broadway with bicycle lanes are included in the
presentation enclosed as Appendix A.
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Case Studies and Reports Showing Economic Benefits of Bicycling
Infrastructure Investments on Local Business
1. How Bike Lanes Can Boost the Economy: Recognizing the economic role of bikes: a study in
Sydney, Australia
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l~es~z~rch ire 2UG~' Lea= .=~lisor~ L:ee sought to identify the economic value of replacing car parking with
bike parking in shopping strips. The case study in Lygon Street Carlton in Melbourne showed that
cycling generates 3.6 times more expenditure. Even though a car user spends more per hour on
average compared to a bike rider, the small area of public space required for bike parking suggests
that each square metre allocated to bike parking generates $31 per hour, compared to $6 generated
for each square metre used for a car parking space, with food/drink and clothing retailers benefiting
the most from bike riders.
2. Bike Lanes, On-Street Parking and Business: A Study of Bloor Street in Toronto's Annex
Neighbourhood
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From Conclusions/Recommendations section: This study set out to analyze the constraints and
opportunities, including the economic impact of removing one lane of on-street parking, for
installing a bike lane on Bloor Street through the Annex neighbourhood. Based on the data, analysis
and discussion, the evidence makes a strong case that Toronto should be looking to install a bike
lane on this section of Bloor Street. The spending habits of cyclists, their relatively high mode
share, and the minimal impact on parking all demonstrate that merchants in this area are unlikely to
be negatively affected by reallocating on-street parking space to a bike lane. On the contrary, this
change will likely increase commercial activity.
3. Bloor Street Follow-up Study -Bike Lanes, On-Street Parking and Business: Year 2 Report
l~~_tl?.`%totc~nlf~+~ ~t.c~/`~aiz~lsit~:5t`a11 ~i~~'l.~ikeLanes 1?<rrlcit~Bu~itac:s:: I31rx~r~Vc,~t~'ilat7e, .~i1'
From Conclusions and Recommendations section: The data presented in this report indicate that in
the Bloor West Village neighborhood there is both visitor/resident and merchant support for
changes in street use allocation to support active transportation such as installing a bike lane or
widening sidewalks, and that the removal of half of the on-street parking to accommodate such
changes would be unlikely to negatively impact commercial activity.
From Conclusions and Recommendations section: The results of this study, combined with the
results of the previous study in the Bloor Annex neighborhood, suggest that the assumption that
reducing on-street parking to accommodate active transportation is "bad for business" may not be
true for at least two different neighborhoods along the Bloor-Danforth corridor.
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4. Bike Corrals: Local Business Impacts, Benefits, and Attitudes
From Bicyclists as Customers section: A concern of businesses, specifically regarding the loss of
valuable on-street auto parking, is that they will lose customers who drive without gaining
customers who travel by other modes. Despite this commonly held logic, 40 percent of all
businesses estimate that they have seen an increase or strong increase in customers who are
bicyclists. Furthermore, businesses in this study, on average, perceive that one out of every four
(24.8 percent) of their customers are bicyclists.
From Demand for Parking section: The bike corrals increase the parking capacity of the street by
400 to 800 percent, per corral, by removing 1 to 2 auto parking spaces and replacing them with
room for 10 to 20 bicycles. With average persons per vehicle steadily declining, reaching a low of
1.08 in 2000, the bike corrals are often meeting the same or similar demand as the auto parking it
replaced. This is true even when current existing conditions at some corrals average just one or two
parked bikes at a time. The 400 to 800 percent increase in parking capacity benefits business by
allowing more potential customers to park adjacent to their establishment.
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5. Shoppers and How They Travel
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This study by Sustrans (United Kingdom) focused on the City of Bristol to determine how
customers traveled to shop. The study found that retailers overestimate the importance of the car,
overestimate how far their customers travel, and underestimate how many shops each customer
visits. These findings have real significance for business planning - as well as land use and
transport. Typically, retailers advocate for more car access and parking, and tend to resist measures
to promote walking, cycling and public transport use, yet this study suggests that the opposite would
be more beneficial to businesses.
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Education for Motorists and Bicyclists -Share the Road Campaigns
As you proceed with implementing changes on Broadway, it will be important to educate the
community -motorists, pedestrians and bicyclists -about how to safely and legally share the road.
Below are some good Share the Road program descriptions as well as some promising statistics on
the impact of these programs in tandem with bicycle infrastructure improvements.
1. Marin County Bike Coalition (MCBC)
The MCBC operates a fairly extensive Share the Road campaign, and has extensively documented
their efforts on their webpage: Sh~~re tl~e. l~c3ad t~a~;e. The purpose of their campaign is "educating
bicyclists and motorists to share the road courteously and safely."
Their page includes data about the success of their program, including this: "a l~c>sitio~e piece of clart~~.
from the California Highway Patrol's Statewide Integrated TrafFc Records System (SWTRS) shows
that Marin County bike and car crashes declined by 34% over the past 10 years, while bicycle
commuting has simultaneously increased by 66%. "
The Marin County Bicycle Coalition's efforts continue to help make the road safer, and your
financial support and volunteerism through attending public meetings, makes a big difference.
Through our collaborative efforts with law enforcement and public works departments we have
raised awareness and changed the physical environment to make our roads safer for bicycle riding.
Each time we secure new bike lanes, Complete Streets policies, fiscal support for non-motorized
transportation projects, etc. we are helping to make the roads safer for bicycle commuters and
recreational riders in Marin County.
MCBC's current program consists of three main components: (=1Re~k~oit~t:s, 1:3asic Stt•~et `Tills
classes and t~it:it~µ~~.it~~"_l~"cuts workshops. As of December 2008 funding for these programs is
provided by the \c~n-€t~~ryto~•irc,ci ["rar~spo~~tatio~~ 1'ilc3t 1?r~>~rat:~, administered by ~~~~Ikl3ikc;~~l=a~•i~~.
Additional partners for this program are Marin General Hospital and Marin County Law
Enforcement.
CHECKPOINT program: Local law enforcement agencies and MCBC team up for the Checkpoints
to show their united support of reducing road rage and increasing traffic safety for motorists and
cyclists. Uniformed officers and MCBC volunteers provide Share the Road flyers to motorists and
cyclists that pass through each Checkpoint. The flyers contain California Vehicle Code information,
Codes of Conduct for bicyclists and motorists to insure their safety and foster respect for each other
and additional safety tips to prevent road rage.
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2. Pedestrian and Bicycle Information Center
This webpage contains case studies of Bike/Ped Safety Campaigns from around the country. For
example, "41~are the IZoacl fir a 1-lea.ltl~ ~%Ir~.ine" details their Share the Road Campaign materials
developed for TV ads, radio spots, etc. Although surveys to glean the results were inconclusive,
anecdotal evidence suggests positive impacts.
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RESPONSES TO QUESTIONS SUBMITTED AFTER OUR FIELD VISIT
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We don't have this information, but you could find out by contacting someone in the Portland
program. The contact person listed on the website is: Sarah Figliozzi, City of Portland Bureau of
Transportation; sarah.figliozzi at portlandoregon.gov
You'll find a lot of information about the Portland Bicycle Corral Program here:
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There is no standard yet for how and where to use colored bike lanes. A good place to start is in
conflict zones: places where the lanes cross a lane of traffic where you want to give motorists an
extra reminder to look out for bikes. This issue is addressed in the NACTO Urban Bikeway Design
Guide (more on NACTO in the response to question #3 below):
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Our understanding is that if the treatment is done with approval from FHWA as an experimental
treatment, the liability is no different than any other transportation facility; you should confirm this
with FHWA. In our interviews with several communities using experimental treatments, they
indicated the process to get FHWA approval was fairly straightforward and not onerous. Here's a
web page with more info: lr~ ~`i'nautcd.lli~~a.dc~t.gor ~co~~cle;xl~ec•.fttt~~
This chart on the status of various FHWA experiments might also be helpful:
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A good resource for cities that are trying new approaches to bicycling is the
National Association of City Transportation Officials (NACTO), which recently produced an Urban
Bikeway Design Guide, "a collection of 21 innovative bikeway treatments designed to provide
practitioners with a larger set of design solutions that go well beyond existing design guides and
manuals to help promote safe bicycling." You can view the Guide here: l~tt '','nactc~.c~r:~%citis=#i~r~~_
The following language from the NACTO Urban Bikeway Design Guide is instructive:
"It is important to note that many urban situations are complex; treatments must be tailored to the
individual situation. Good engineering judgment based on deep knowledge of bicycle transportation
should be a part of bikeway design. Decisions should be thoroughly documented. To assist with
this, the NACTO Urban Bikeway Design Guide links to companion reference material and studies."
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There is a chapter on liability in the ITE's "Traffic Calming State of the Practice" Guide, which
makes it clear how cities can protect themselves against liability. The Guide indicates that fears of
litigation are often overblown:
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CONCLUSION
We appreciate the opportunity to meet all of you and applaud your interest in making your city
more bicycle-friendly. We hope that the Healthy Transportation Network's Technical Assistance
Grant was useful to you. We would appreciate your feedback, which will help us continue to
improve our program. If you can take a few minutes to respond to the following questions, we'd
really appreciate it. You can email your response to Laura Cohen at Rails-to-Trails Conservancy,
1. Overall, was the Technical Assistance consultation helpful? Please rate on a scale of 1-5
with 5 =extremely helpful; 1 =not helpful at all
2. What was most helpful to you?
3. Do you have any suggestions for improving our program?
4. Would you recommend this resource to others?
5. Do you anticipate that the Technical Assistance consultation will enable you to move
forward with some element of your bicycle or pedestrian plans? If so, please specify.
If you should need further technical assistance from the Healthy Transportation Network, we would
be happy to talk to you about afee-for-service arrangement. Please contact any one of us.
Good luck, and thank you for hosting the Healthy Transportation Network staff.
Laura Cohen, Western Region Director, Rails-to-Trails Conservancy
415-814-1100; (tour_~~"rt~,rzilstc~tra:il~.t~rg
Paul Zykofsky, Director, Center for Livable Communities, Local Government Commission
916-448-1198, ext. 317; .:rkc~l_ek'~,?1gc:.<~~,_<~
Dave Snyder, Executive Director, California Bicycle Coalition
415-431-2453; di{tie~'f{).call~il~e.or~~
APPENDICES:
A -Pdf of powerpoint presentation given by HTN staff for Chula Vista field visit, August 10, 2011
(includes slides from "Economic Effects of Traffic Calming on Urban Small Businesses" by Emily
Drennen)
B -Pdf of "Accommodating Bike Lanes in Constrained Rights-of--Way" prepared by Association of
Pedestrian and Bicycle Professionals (APBP)
5-12
RESOLUTION NO.2012-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE HEALTHY TRANSPORTATION
NETWORK REPORT ON THE FEASIBILITY OF BIKE LANES ON
BROADWAY
WHEREAS, the Rails to Trails Conservancy, the Local Government Commission and the
California Bicycle Coalition funded a study of Broadway to determine ways to increase safe bicycle usage in
the area and to provide healthy transportation choices ("Study"); and
WHEREAS, the Study, completed in 2011, concluded that Bicyclists travel along Broadway,
both for the purpose of through travel as some parallel routes are not continuous, and to access the
services and businesses that are located on Broadway; and, - _.
WHEREAS, traffic volumes and vehicle speeds are too high on Broadway for bicyclists to
share the lane with motorists, and no bike lanes exist to provide a safer space for bicycling; and,
WHEREAS, bicyclists often ride on the sidewalks, presenting serious hazards at intersections
and degrading the pedestrian environment; and,
WHEREAS, the Study presents various lane and parking configurations to implement Class II
Bike Lanes, with the goals of increasing bicycle safety, healthy transportation choices, and economic
viability of adjacent businesses; and
WHEREAS, though this Study has been completed, further public outreach is needed to
evaluate the options related to lane widths and parking configurations proposed in the report to
accommodate bicycles in the area.
NOW, THEREFORE, BE IT RESOLVED th
Healthy Transportation Network report.
Presented by
Gary Halbert, P.E., AICP
Assistant City Manager /
Development Services Director
A
5-13
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE FILING OF AN
APPLICATION FOR ACTIVE TRANSPORTATION
GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS FOR THE
BROADWAY BIKE LANE PROJECT, AND ACCEPTING
THE TERMS OF THE GRANT
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, the City of Chula Vista wishes to receive $510,000 in Active Transportation
Grant funds for the Broadway Bike Lane project; and
WHEREAS, the City of Chula Vista understands that the Active Transportation Grant
Program funding is fixed at the programmed amount, and therefore project cost increases that
exceed the grant awarded will be the sole responsibility of the grantee; and
WHEREAS, the City of Chula Vista agrees to complete the proposed grant project within
a timely manner and in compliance with Board Policy No. 035.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that the City of Chula Vista is authorized to submit an application to SANDAG for Active
Transportation Grant Program funding in the amount of $510,000 for the Broadway Bike Lane
project; and
BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the
Broadway Bike Lane project, the City of Chula Vista commits to providing $20,000 in matching
funds and/or in-kind contributions and authorizes the City Manager to accept the grant funds,
execute the attached grant agreement with SANDAG with no exce tions, a d complete the
~_
. ,;;,.
Broadway Bike Lane project. '~
~`
Presented by Appro~ as rm y ---" -~~~~
Gary Halbert, P.E., AICP ~l~n R. Good
Assistant City Manager / Ci Attorney
Development Services Director
5-14.
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE FILING OF AN
APPLICATION FOR ACTIVE TRANSPORTATION GRANT
PROGRAM FUNDS THROUGH THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS FOR THE MAIN ST.
STREETSCAPE MASTER PLAN, I-5 TO I-805, 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, the City of Chula Vista wishes to receive $300,000 in Active Transportation
Grant funds for the following project: Main Street Streetscape Master Plan, I-5 to I-805; and
WHEREAS, the City of Chula Vista understands that the Active Transportation Grant
Program funding is fixed at the programmed amount, and therefore project cost increases that
exceed the grant awarded will be the sole responsibility of the grantee; and
WHEREAS, the City of Chula Vista agrees to complete the proposed grant project within
a timely manner and in compliance with Board Policy No. 035.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that the City of Chula Vista is authorized to submit an application to SANDAG for Active
Transportation Grant Program funding in the amount of $300,000 for the Main St. Streetscape
Master plan; and
BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the
Main Street Streetscape Master Plan, the City of Chula Vista commits to providing no matching
funds and/or in-kind contributions and authorizes the City Manager to accept the grant funds,
execute the attached grant agreement with SANDAG with no exceptions, and co~lete the Main
St. Streetscape Master Plan. ~_.,
Presented by Appro~fe~i as to
Gary Halbert, P.E., AICP ~ n R. Go gins
Assistant City Manager / ty Attorn y
Development Services Director
5-15
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE FILING OF AN
APPLICATION FOR ACTIVE TRANSPORTATION GRANT
PROGRAM FUNDS THROUGH THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS FOR THIRD AVENUE
IMPLEMENTATION PROJECT, PHASE TWO; 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, the City of Chula Vista wishes to receive $1,500,000 in Active
Transportation Grant funds for the following project: Third Avenue Streetscape implementation
Project, Phase Two; and
WHEREAS, the City of Chula Vista understands that the Active Transportation Grant
Program funding is fixed at the programmed amount, and therefore project cost increases that
exceed the grant awarded will be the sole responsibility of the grantee; and
WHEREAS, the City of Chula Vista agrees to complete the proposed grant project within
a timely manner and in compliance with SANDAG Board Policy No. 035.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that the City of Chula Vista is authorized to submit an application to SANDAG for Active
Transportation Grant Program funding in the amount of $1,500,000 for the Third Avenue
Streetscape Implementation Project, Phase Two.
BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the
Third Avenue Streetscape Implementation Project, Phase Two, the City of Chula Vista commits
to providing no matching funds and/or in-kind contributions and authorizes the City Manager to
accept the grant funds, execute the attached grant agreement with SANDAG~~i h no exceptions,
and complete the Third Avenue Streetscape Implementation ~oject, Phase T ;o ~.-,,
Presented by
as to
Gary Halbert, P.E., AICP ~1 n R. Good
Assistant City Manager / Cit Attorney
Development Services Director
5-16
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPRk~NAL BY
Dated: J ~ Z---
GRANT AGREEMENT BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND
THE CITY OF CHULA VISTA
FOR TDA/TRANSNET ACTIVE TRANSPORATION
GRANT PROGRAM
5-17
` City Attorney
FOR INFORMATION ONLY - DO NOT FILL OUT
TDA/TRANSNETACTIVE TRANSPORTATION GRANT PROGRAM
FISCAL YEAR 2011 - 2012
GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND
(INSERT AGENCYlJURISDICTION 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'/z cent sales and use tax through 2048 (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 $[insert new
updated amount for the call for 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 201112012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 19
5-18
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 and/or TransNet 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
Although SANDAG will be providing financial assistance to Grantee to support the Project,
SANDAG will not be responsible for Project implementation 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 documents 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 PROGRAM CALL FOR PROJECTS 20
5-19
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 wil I 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, below, 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 by a budget 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 amounts invoiced under this Agreement is $_, or
_% of the Approved Project Budget, whichever is the lesser of these two amounts.
I. 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.
J. 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 2011!2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 21
5-20
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 laws, 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 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 22
5-21
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 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 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 Cal. 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 Extend Agreement Requirements to Other Entities
1. 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 201112012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 23
5-22
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 other) 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 to the Agreement
for the Project. Notwithstanding that SANDAG may have concurred in or approved any
solicitation, subagreement, lease, 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.
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 201112012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 24
5-23
Section 3. Ethics
A. Grantee Code of Conduct/Standards 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 contracts 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
contractor 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 intrinsic 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 its third-party contractors 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
an unfair competitive advantage to the third-party contractor or subgrantee or impair
its 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 alt 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 2011!2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 25
5-24
accepting gratuities from any organization seeking funding from SANDAG. 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 SANDAG 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 SANDAG
Office 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, progress reports and invoices.
Section 4. Approved Project Budget
Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows:
The Grantee and SANDAG 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 by 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 SANDAG 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 SANDAG 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, SANDAG, whether for excess payments of BPNSP
Funding, Grantee's failure to comply with the Agreement, SANDAG 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 SANDAG,
including applicable interest, penalties, and administrative charges.
B. Payment by SANDAG. 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). SANDAG will make payments, or, for TDA-funded projects, authorize the County of San
Diego to make payment, for eligible amounts to 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 SANDAG that the BPNSP Funding
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 26
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requested is needed for Project purposes in that requisition period, and is making adequate
progress toward Project completion consistent with SANDAG Board Policy No. 035 and any
policy amendments thereto. After the Grantee has demonstrated satisfactory compliance with
the preceding requirements, SANDAG will reimburse the Grantee's apparent allowable costs
incurred consistent with the Approved Project Budget for the Project. For TDA-funded
Projects, 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 Costs. The Grantee agrees that Project costs eligible for BPNSP Funding must comply
with all the following requirements. Except to the extent that SANDAG determines otherwise,
in writing, to be eligible for reimbursement, Project costs, must be:
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 costs 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 SANDAG,
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-party contractors and subgrantees, (see
Section 6 Accounting Records), and
8. Eligible for BPNSP Funding as part of the AT Program Claim Eligible Costs.
9. Expended allowable direct and indirect costs. Indirect costs will be reimbursed only if
the Grantee has an approved indirect cost allocation plan and prior written approval
has been obtained by SANDAG. The Grantee shall annually submit to SANDAG, prior to
reimbursement of indirect costs, 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 Governments, which can be viewed at
http://www.whitehouse.gov/omb/circulars. Indirect Costs are only allowable with either:
(1) 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 costs must be submitted in accordance with applicable OMB
guidelines and approved by SANDAG. If the Grantee does not have an acceptable
approved indirect cost allocation plan, then indirect costs are not eligible for
reimbursement.
CAPITAL GRANTS fY 2011!2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 2~
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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
TransNet 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 will provide for the Project,
SANDAG will exclude:
CAPITAL GRANTS FY 201112012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 28
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a. Any Project cost incurred by the Grantee before either the date SANDAG issues a
Notice to Proceed to 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 been, concurred in or approved in writing by SANDAG;
d. Any cost ineligible for SANDAG participation as provided by applicable laws,
regulations, or policies.
2. 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.
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 portion of the BPNSP Funding requested or paid, SANDAG will
notify the Grantee in writing, stating its 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 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 29
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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
Percentage/Amount 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 to 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 Projects 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 201112012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 30
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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, contracts, 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 201112012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 31
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B. Documentation of Project Costs and Program Income. Except to the extent that
SANDAG determines otherwise, in writing, the Grantee agrees to maintain all 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 its 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 to 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 socio and economic populations in the area affected by the Project, and
associated active transportation data.
CAPITAL GRANTS FY 2011!2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 32
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Section 8. Project Completion, Audit, Settlement, and Closeout
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses
and final reports, as applicable. All payments 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 TransNet funds. This Project's TDA
Claim Number andlor 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 funds.. The Grantee agrees that Project closeout by SANDAG
does not invalidate any continuing requirements 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 sufficient 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 2011!2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 33
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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
terms 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 must 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 Resolution 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 GRANTS FY 201112012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 34
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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 be 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 $2,000,000 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 $1,000,000.
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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 V) 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
contribute 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 costs and expenses, resulting from any
willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of
privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition
CAPITAL GRANTS FY 2011!2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 36
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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, consultants, 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 16. 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 laws 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 Governments
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.
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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
GARY L. GALLEGOS
Executive Director
APPROVED AS TO FORM:
Associate General Counsel
CITY OF NATIONAL CITY
[Full Name]
[Title]
APPROVED AS TO FORM
[Full Name]
[Title]
CAPITAL GRANTS FY 2011!2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS
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ATTACHMENT A
I
w
m
SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET
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 IMPROVEMENTSIRECOMMENDATIONS, PROJECT GOALS]
(INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET)
TDA CLAIM NO. TransNet MPO ID NO.
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS
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