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Home My WebLink About2013/10/15 Item 08 � "�'��° CITY COUNCIL r -.x.r`,. , , . : -�-; AGENDA STATEMENT � _��. . - ,-�.�� CI7Y OF CHUTAVISTA 10/15/13,Item � ITE�� TITLE: RESOLUTIOT' OF THE CITY COUI�'CIL OF THE CITY OF CHULA VISTA ACCEPTNG FI' 20li SMART GRO�VTH INCENTIVE PROGRA\4 FiJNDS THROUGH THE SA.\� DIEGO ASSOCIATIO\� OF GOVERi\iMENTS Ii�' THE AMOLT\TT OF �1.344.671 FOR THE THIRD .AVEI�'UE STREETSCAPE I�4PLEI�4EI�'TATION PROJECT PHASE 2 FROM NORTH OF D4ADROI�'A STREET TO �`F" STREET: AUTHORIZIi�TG THE CITY ENGINEER TO EYECliTE THE AGREEMEI�iT BETR'EE\' THE CITZ' OF CHULA VISTA AND THE SAN DIEGO ASSOCIATIOT�' OF GOVERNMENTS: AA4ENDING THE FISCAL YEAR 2013-2014 CIP BUDGET BY ESTABLISHIIvG A NE�6' CAPITAL IMPROVEMEI�'T PROJECT "THIRD AVENUE STREETSC,�.PE IMPLEMENTATIOI�' PROJECT PHASE 2" (STL400); APPROPRIATING SAID GRrli�iT FUNDS OF $1;344,641 TO CIP STL400 TO THE TRANSNET FLTND; REDUCING THE STL373 BUDGET BY �3�,000; STL393 BUDGET BY �90;000 r�\iD STL397 BUDGET BY S2�0.000 II�' PROPOSITION 42 FUI�'DS A�\'D APPROPRIATI\G THE EQUIVALENT TOTAL ?.i�40lJNT OF �37�;000 TO THE STL400 BUDGET /, .illt�ll, SUBI7TTTED Bl': DIRECTOR OF PUBLIC WORKS �� /, / ASSIST.A.�'T DIRECTOR OF E\TGIi�'EERIi��G �S.��t�✓ REVIE��`ED BI': CITY A�fAI�'AGER ASSISTAI�'T CITY MANAGE� �hTHS VOTE: 1'ES � NO ❑ SLTi11�'LARI' On January 8; 2013. by Resolution 2013-004; Council appro�red the submittal of an application for FI' 2013 Traru\'et Smart Gro��th Incentive Proaram Grant Funds (SGIP) throueh the San DieQo Association of Govemments (SANNDAG) for construction of the Third Avenue Streetscape Implementation Project Phase 2 from Nor[h of D4adrona Street to F Street (Project). On July 1; 20li; the Ciry of Chula Vista ��as awarded a total of �1;344;671 TransNet SGIP Grant funds for the Project. E1�'IR01`NIENT.aI. REVIE«' The Development Sen ices Director has revie�ed the proposed actions associated �i°ith the Third A��enue Streetscape Improvement Project for compliance �i�ith the Califomia Emironmental 8-1 10/15/13, Item� Page 2 of 4 Quality Act and has determined that the project and thus these actions, ti�ere covered in previously adopted Final Environmental Impact Report for the Chula Vista Urban Core Specific Plan (UCSP), Final Environmental Impact Report-06-01 (FEIR-06-01). Pursuant to the California Environmental Quality Act (CEQA) on April 26, 2007 the City, acting as Lead Agenc}�; certified FEIR-06-01 far the UCSP. On January 25, 2011 the City, acting as Lead Agency, having found and determined that certain amendments to the UCSP, including the referenced Third Avenue Streetscape improvements, would not result in significant unmitigated impacts and that only minor technical changes or additions to FEIR-06-01 were necessary and that none of the conditions described in Section I 5162 of the State CEQA Guidelines calling for the preparation of a subsequent environmental document had occurred, adopted an Addendum to FEIR-06-01. Therefore, approval of the proposed actions that would: A) accept TransNet Sman Grow�th lncentive Program Grant Funds and B) carry out the necessary administrative and fiscal actions associated with implementation of Phase II for the Third Avenue Streetscape Improvement Project require no fiu-ther CEQA actions or determinations. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION In September 28, 2012; SANDAG amiounced a "Call for Projects° to all eligible cities interested in applying for consideration to receive SGIP Grants totaling $9.6 million. The SGIP gran[ program funds both capital projects and planning projects aimed at facilitating smart groNnh plans and improvements that result in compact, mixed-use development focused around public transit, and which provide more housing and transportation choices. On Januazy 8, 2013, Council authorized staff, through Resolution No. 2013-004 and Resolution No. 2013-005, to submit two applications; one for a capital grant project and one for a planning grant project, requesting a total of$2;105;000 in grant funding. A total of 29 eligible projects were evaluated on SANDAG's criteria. The capital improvement projects were reviewed on project setting, readiness, cost effecciveness, and level of matching funds committed to the project. Smart growth qualities of the project area and quality of the project were also a strong subjective consideration used in the SANDAG criteria for capital improvement projects. Planning projects were scored on smart growth qualities and development potential of the pioject area, bow well tl�e project addressed the project area's needs and evidence of the local commitment to smart gro�rth. Planning projects ��ere evaluated and awazded points for the project's proximity to regional transit services and on the level of committed matching funds. On June 28, 2015, the Regional Planning and Transportation Committee recommended to the SANDAG Board of Directors approval for four capital projects to receive full funding and tN�o projects to receive partial funding according to the final project rankings and available funding. The City of Chula Vista`s capital project was one of the two that was recommended for partial fundina. 8-2 10/1�/13, Item g Page 3 of 4 On Jul�� 1. 20li. the Ciri� of Chula Vista ��as awarded a total of Sl,.i�;671 TransNet SGIP Grant funds for the Project. The Project is in the heart of Chula Vista's do�mto�m Village District Tt�e larger Viliaee District is generalh� bounded b�� Del I�Qaz Avenue and Fourth Avenue on the east and «est and b} E Sueet and H Street on the north and south. The azea is part of the Cit}�'s Urban Core and identified as a Smart Gro��th Area CV-2/To��m Center. Third Avenue is the primary retail and office district for the nortfi��est azea of the city. It is anchored by office and a mix of low to higher density residential uses. Other adjacent land uses, include ni-o neiehborhood pazks (D4emorial Park and Friendship Pazk); Chula Vista City Hall and the Central Library. The Third Avenue/H Street transit focus area is located south of the Project boundarv ��th Phase 1 of the Project. Transit sen�ice at this location includes esisting bus service and future planned Bus Rapid Transit (BRT) and links the Villaee �vith the H Street Transit Station to the eastem Chula Vista residential neighborhoods includine Eastlal:e and Otay Ranch and to the ��estern Chula Vista Ba��front. The Cin� of Chula Vista is required to enter into a Grant Agreement �vith SA\TDAG for this fundine to oceur, and is bindine on both parties (Attachment 3). The attached aereement establishes the roles bern�een the City and SANDAG for use of this �ant fund. \bted pro�isions included in the aereement is the approved project budeet; �+hich includes specific tasks covered and the estimated cost of each task and a project description/scope of "ork as Attachment A. Aiso included i� the Grant Aereement, as Attachment B; and of sienificant importance aze the procedures set forth in the "Use It or Loose It" Polic��, i.e.; SA�'DAG Boazd Polic�� No. 3�. This policy establishes project delivery objectives and creates accountabilitv with project milestones and completion deadlines. City staff; with assistance from SANDAG developed the project budeet and schedule for inclusion in the agreement. Also of consequence and included in the aereement is Attachment C: Project Implementation and Oversieht Requirements. In summan� the Project Implementation and Oversight Requirements establish protocol ben��een Sr1�\'DAG and the City of Chula Vista for the follo�aine: eeneration of contact information; quarterl�� reporting obligations; and coordination procedures for consultant selection and ad��ance noticin� requiremenu for all stakeholder and community meetings. DECISION DZAKER CONFLICT Staff has reviewed the property holdin2s of the Citv Council and has found no property holdiries ��ithin �00 feet of the boundazies of the propeRy �+�hich is the subject of this action. Staff is not independently a�aare, nor has staff been informed b�� any City Councilmember; of any other fact that mav constitute a basis for a decision maker conflict of interest in this matter. CURRENT PEAR FISCAL IA4PACT Sufficient matching Proposition 42 funds will be a��ailable �ia inter-project transfers totaline S37�;000 to project STL 400 from projects STL373, STL393 and STL397. Therefore, there is no direct impact to the General Fund. 8-3 10/15/13, Item g Page 4 of 4 ONGOING FISCAL IMPACT: Maintenance of the Third Avenue Streetscape enhancements will primarily be performed by the Third Avenue Village Association (TAVA), under an agreement approved by City Council on December 13, 2011, by Resolution 2011-255. If the project's goal as an initial implementation project under the UCSP is successful in spurring redevelopment and investment and insenewing interest in Third Avenue as a destination to work, shop, and play, then additional tax revenues would be eenerated. For these reasons, the ongoing fiscal impact is projected to be positive; but is not quantifiable at this time. ATTACHA'IENTS 1. Third Ave Streetscape Phase 2 project Location Map 2. Letter from SANDAG dated July 1, 2013 3. SANDAG Standard Agreement Prepured 6y: Boushra SaJem, Senror Crvr/Eiigineer, Pu61ic Works Departmen� 1:�EngineerWGENDA\CAS2013V0-15-13\CCAgStReSTL400GrantAcceptance-93013-FINALdoc � 8-4 � �u ' � — 1 � � �, /: ' �.�4 �t` _ �_ '��'. ��}1 g<r .:�n � �i 1 �` �9 L � �rC i` + / N��1�. �`��._Z::� • n�\��"'i'� �� . � — ��/� 1 �M "�`—£..=Tu,��!�� — �"�1s��!��y .� . . �;> — �..�,�, ��„��...�� '��1ir�� , _ � � ¢ .-�-.�� - - - - �o.,n��. ,� _.=�� - - :,,�..�,�-a ;;. � t-° ��.�� 1�ry�� ;f > •t y ��.�� k °°'`�y:��'- i1i�`:; •� �:q]� r�� v . r�� S - �'�� 11 _.�j e'�9�.�Y i:lY: :��. �� ,F, 5� t� .:i}' . ��' h �� ; S. d::: �[:�::� I �y�:�i!� Y#�'i M1 i_�':� lY'' ��. F� G.s✓ 1"n".� e'. �SS s �l" � ,;-: ,��r' � �� :;: ��.�t . . .n. _� i oa ,._..�i��{ �. �:.. I�..v j ick�..,s.......��.-__ �j� �m:rt=. �{��y ''a;-a.�."�`�/ .Q ;-'`�1 �..�� _ f'�•��.1. � ��—� _ ' �:?Y.'—_!�`�1.,Tu.P,:,a:�1 _' ' i:�--: �"-,.r K��,(�F,,:; � • z��/��T` `�S^: , �. g.� ;�� ,, T'�su �a � ,a�;, a� i.� �^._'��. I ..�r.; �:..�11�' - 'i� i:�. " �; ^� aa I/��r. .=p� .,.a.a-. !ze%'-'�I��i�� .3n. �. 41� F�„1�'S'� •Cp_ ... !j3� fjf• �...'� i;� �� :L� T �� ^�l� .��IIr�l�lll�Ift j� �r. . Y • � �� F'�' ��i 1 � L__ +� .li�l 5�.� IRi't`_G� +Y �'hi .._F'"-"`C:csa_`/r, Rrty ■ \ � � C'+R�a/D'+ �i� . . - - '3§*l�t9DC�t 7�y� Jry "�, , � � _ )^?-��I�I�'��." � �� > �K[.� � ,i i� \ ��, c3 �: � i. ,.�, - t �'�+ �-`'� �'�/�..`J� • ��u'~+�9�i . - � , ._� • , � • � � � <r. ,�..4�e:,, . `-� x � >� ,,. .r — • i •�i i- � . . � �� . � , . , . . . � � •-i i . • � •1 I' 1 • 1'1 / 1' 1 :� '��H�!lEfVT : �ANDi��a:_f��" � � 40�B streer,suite soo luly 1, 2013 File Number 3300100 San Diego, CAJ2701-4231 : � (679)699-1900 . Fax(fi19)699-7905 Mr. KirkAmmerman wv�wsandag.ory Principal Civil Engineer CiTy of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 MEMBERAGENOES Dear Mr. Ammerman: Gties o/ i �`�d SUBJECT: Notice of Award: The San Diego Association of Governmenu Chula YuU coronado (SANDAG) TransNet Smart Growth Incentive Program Capital DelMar Grant i Ft ca/w, E„�;,,;raz Congratulations! The project, Third Avenue Streetscape Implementation Esmndido Phase 2, has been approved for a totai of $1,344,671.00 through the SANDAG �mce�a�� FY 2013 Smart Growth Incentive Grant Program (SGIP) funding cycle. Project �a^^� funding for this grant is being provided through TransNef. SANDAG LemonGro� rtaff greatly appreciates your support and interest in the SGIP, and looks NationalGry forward to working with you throughout the grant process. Oceanside �Y s��ore90 �f you have any questions, please contact me at (619) 699-7943 or SanMarcos susan.baldwin�sandag.org or Suchi Mukherjee at (619) 699-7315 or sanre� suchitra.mukherjee@sandag.org. saa„�a�d, uun Sincerely, � and Counryo/SanDiego �� //� _ ��ti ADVISORYMEMBEIS SUSAN BALDWIN , i � lmpenalCounry Senior Regional Planner Calihmla De�artmmt � I . o/rrznspor'ation SBP✓d5f1 Mebouolrf�n ' ransirsy,r�n Enclosure: 1. SGIP Final Project Ranking Summary NarM Counry Tsnsi!Dimict � I � UnitedStates , � Department of Defense � San Dielo - . � e Unified Fbrt Dhvic[ San Diego Counry � WatxAuCronry ` Southem UfiforrJa . Tnbal Chairmen's Asoaatlon - MeNm i 8-6 i �GIP CAPITAL GRANTS PROJECT RANKING SUMMARY Attachment 1 i Capital SGIP Gtant Propas�Js � I Agency p�j�,y Sum of Overafl SGIP Fvnds Cumulative Funds Recommended ProjeU � Ranks Rank Re uested Re uested Fundn I SanMarcos fvmMiteCom�ete5treelCOrridw 7� i 51.000.000 Si.WQ,000 St,0�.000 � � INatlonalCily DovmtrnvrvWestsiEeCortvnuMryConnectiorisProjat 15 2 52,000,000 53,000,000 S2,W0.000 La blesa �ownbv.r VPWge Streetsrape Improvement Pmje�i 26 3 52.000,000 55.000.000 52,000.000 � Sa�Diego Lslard Averwe Green S4eet MobTity Improve:nents 35 4 57,000,000 E6,000,000 51,W0,900 � i San Diego W e}tr.mrg Signage 60 5 SSOfi.00G E6.500.000 �,Ti5.329 � � Chula Visa P�2 ^�e Streetscape 4nplementallon Projecl CO ' S 42,005.000 58,505.000 f1.3C4.671 � Oceanside �ASSion A�enue Impmvement Pmject,Phase 2 51 7 51.930,000 510,4%,000 FQ � Ysta Paseo Sarite Fe Streetseape E InfrasUUCture ProJecf 53 8 S1.CJ0.000 517.435,000 Catalyst,Seclbn A � ha:b�ICiC/ H4�tdnnEAVenueSma.:GmathCOritEOr 60 9 57,300,000 5/2.735,000 §p � Sen Diega �Pa�s NeighSOrtwod!WoshinB�on Stroet 67 10 4350,000 573,095,000 t0 � P�esirian B Ma1'ian Mprovme�LV , � Lemon Glove Lemon Grove Avenue Realigrment 63 11 $950.000 574.045,000 � ( Ca�lsbad Comen Q�e Vdlage:Wayfim.'6g 8 Tral�ic Calm'ug 87 12 5470.000 514575.000 EO 'sco(Mido BlcyclePath-A9ss4gtink 93 73 S�.soO S1a,855.500 SO � .an Ma�cos ��e��`��d°r Enrirhment 95 74 51,000.000 515,855,500 EO �� llnNersiryAvrmie b 54N Sireet Roadwdy yb 15 57.440.000 577,�5.500 §0 trnprovemenb Total AvadaGe Wnd'ug 57,680,000 Total Remmne(WeC FuMing TatalFuntling Requestetl 117,795,�00 57,680,�0 _ Total Requested Funding PrerAVa3able (59,615,W0 � FULLY FUNDED I PAAT7ALLVFUNDED ' � ' NO7 WN�ED 1 I � ; I � I � 8-7 i ( SGIP PLANNING GRANTS PROJECT RANKING SUMMARY Planning SGIP Grent Proposals Agency Project Sum of Overall SGIP Funds Cumulative Funds Recommended Project Ranks Rank Requested Requested Funding San Diego Easl Village GreeN 74th Street Pmmenede Master �� $30D,000 5300,000 E300,000 Plan � San Diego Morena BoulevaN Statlon lvea StuEy Phase 2 78 2 54o0,000 5700.000 E40o,000 � Vlsta Y�sta Doxmlo.+m Spe�fic Plen Update 36 3 $748,383 5848,383 N48,383 � Lemon Grove Main SUeet Promenade E�nension Planning Projec2 40 4 $400,000 $1,248,383 $400,000 ChulaVista HealthyCommuni6esProgrem 43 5 5700,000 31,34B,383 , $100,000 Impenal Beach Palm Avenue M1Gxed�use&Commerclal Cortidor y� 6 5400.000 $1,748,383 $400,000 Master Plan San Dlego The Complete Bouleverd Planning S:uAy 45 7 5400,000 $2,148,383 � 5171.617 Ceds6ad Plan lhe Vllaga:A New Mas;er Plan for Cadsbad 47 B $230,000 $2,378,383 S� I Village San Diega Si�1h Avenue Bridge Pmmenade Feasi6ili/y Study 54 9 $175,000 E2.553,383 $0 I Pecifc Beach Boardwalk&Perks Neighbor�aod � San Diago Districi `� 10 E400,000 $2.953,383 50 ' � I Escondido Gape�ayParkMesterPlan 59 it 580,000 $3,033,383 SO Oceanside Oceanside Mued�use PubiicPaAcing SWCWre 81 12 8400,000 $3,433,383 50 � Santee Twm Centnr PedesWan Connection Feesihility Siudy 89 73 535,000 ' E3,468,383 SO Del Mar Parking Mana9�ent Plan 96 14 $45,000. E3,513,383 SO Total Avallable Funtling $1,920.000 Total Recommended Fundirg i TotalFUnding Roquesled $3,513.383 57.920,000 Totel Requestetl Fund'mg Over Avallable 151,593,383 I FULLV FUNDED � PARTALLYFl1NDE0 ' . NOTFUNDED . ' i i ! � I . i 8-8 ATTACHMENT FOR INFORMATION ONLY— DO NOT FILL OUT TR,4NSNET SMART GROWfH INCENTIVE GRANT PROGRAM FISCAL YEAR 2011 —2012-2013 GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCY/JURISDICTION NAME] REGARDING [INSERT FULL PROJECT TITLE] THIS GRANT AGREEMENT [AGREEMENT NUMBER] ("Agreement") is made this [Day] day of [Month], 2012, by and between the San Diego Association of Govemments (hereinafter referred to as "SANDAG"), 401 B Street, Suite 800, San Diego, Califomia, and ihe [Grant Recipient and Address] (hereinafter referred to as"Grantee"). This agreement expires on (Month)[Day], [Year]. The foilowing recitals are a subsiantive part of this Agreement: A. In November 2004, the voters of San Diego County approved SANDAG Ordinance 04-01, which extended the TransNet%cent sales and use tax through 2048(Extension Ordinance). B. The Extension Ordinance contains provisions to fund the Smart Growth Incentive Program (SGIP), which funding began on April 1, 2008. C. The SGIP is commonly referred to, herein, as the "Smart Growth Incentive"grant program (SGIP). The SANDAG Board of Directors also approved programming of approximately S[insert new updated amount for the call for project which generated THIS grant award/agreement] million in TransNet funds [insert new future date when BOD approved action described in this recital] by Resolution Number[insert Reso number]. D. On [insert updated future datej, SANDAG issued a Call for Projects from loral jurisdictions in San Diego Counry wishing to apply for a portion of the SGIP Funding/ TransNet Funds for use on capital improvement and planning projects meeting certain criteria. E. Both SGIP Funding and TrensNet funds were eligible funding sources for the SGIP. F. Grantee successfully applied for SGIP 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 Attachmeni A. G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. 8-9 Contracts Staff: Before finalizing this agreement for internal SharePoint routing please obtain from SANDAG Finance and Planning staff the TransNet MPO ID required to complete Recital H, below.Thank you. H. Grantee's Project is funded with [insert dollar values for Extension Ordinance funding, e.g. $268,000) in Extension Ordinance funds]. TransNet MPO ID I. 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 Grent 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, Concunence, Waiver. A written statement (transmitted in typewritten hard copy or electronically) of a SANDAG offcial 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 deCermines othenvise in writing, such approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to pertorm 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. SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the Smart Growth Incentive Program (SGIP). F. Grantee. The local jurisdiction that is the recipient of SGIP Funding under this Agreement. If the Grantee enters into agreements with other parties to assist with the implementation of the Project, each participant in, member of, or party to that agreement is deemed a "subgrantee" and for purposes of compliance with applicable requirements of the Agreement for its Project will be treated as a Grantee. 2 8-10 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, piease 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 Paragreph 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 funds. Therefore, the maximum percentage that SANDAG will pay Grantee for amounts invoiced under this Agreement is _%, or 5_, 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 SGIP funding SANDAG wiil pay to Grantee for amounts invoiced under this Agreement is S_, 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. 3 8-11 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 Granfee, 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 cosf 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 SGIP 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 have occurred or will occur, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is 4 8-12 still consistent with the overall objectives of the SGIP Program and that the changes would not have negatively affected the Project renking during the competitive grant evaluation process. SANDAG reserves the right to have SGIP Funding withheld from, or refunded to SANDAG from Grantee due to Grentee'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, perfortn 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 SGIP 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. De�artment 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 Grent Agreement requires Grantee's compliance with all federal, state, and local laws and ordinances as applirable. D. Significant PaRicipation by a Subgrentee. 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 6ctend 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 Grentee 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. 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. 5 8-13 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 contrector, 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 Pertormance. 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 Offce 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. I. 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 tunded by this grant. Section 3. Ethics A. Grantee Code of ConducUStandards 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 SGIP Funding. The Grantee agrees that its code of 6 8-14 conduct or standards of conduct shall specify that its o�cers, 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 wouid arise when an employee, o�cer, council or board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the entity selected for award. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal inVinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its o�cers, employees, board members, or their agents, or its third-party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, o�cers, council or board members, or agents from participating in the seiection, award, or administration of any third-party contract or subagreement supported by SGIP Funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, o�cer, 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 inciude 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 pertormed under a proposed third-party contract or subagreement may, without some restrictions on f�ture activities, result in an unfair competitive advantage to the third-party contractor or subgrentee or impair its objectivity in performing the contract woric. B. SANDAG Code of Conduct. SANDAG has estabiished policies concerning potential conflicts of interest. These policies apply to Grentee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract with SANDAG. It is uniawful for any contract to be made by SANDAG if any individuai board member or staff has a prohibited financial interest in the contract. Staff are aiso prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG. SANDAG's officers, employees, agents, and board members shali 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 a�rms 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. 7 8-15 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 SGIP 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 certifes 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 othenvise 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 SGIP 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 Grentee agrees that SANDAG's maximum commitment for Project Costs will not exceed the Maximum SANDAG Contribution of $_ SANDAG's responsibility to 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. Wthin 30 days of notifcation to the Grantee that specific amounts are owed to, or withheld by, SANDAG, whether for excess payments of SGIP 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, penatties, 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 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 satisfed SANDAG that the SGIP Funding 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. C. Eligible Costs. The Grantee agrees that Project costs eligible for SGIP Funding must comply with all the following requirements. Except to the extent that SANDAG determines othenvise, in writing, . to be eligible for reimbursement, Project costs, must be: 8 8-16 1. Consistent with the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement, 2. Necessary in order to accomplish the Project, 3. Reasonable for the goods or services purchased, 4. Actual net 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 suppoRing 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 contrectors and subgrantees, (see Section 6 Accounting Records), and 8. Eligible for SGIP Funding as part of the SGIP 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 applicanYs 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. 10. Project generated revenue realized by the Grantee shall be utilized in support of the Project. Project genereted 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. TransNet Project Eligibility 9 8-17 TransNet SGIP Funds may be expended for capital projects such as pedestrian improvements, bicycle and transit facilities, and other innovative smart growth supporting infrastructure, as well as planning projects such as updates to land use plans to qualify for "potential" smart growth opportuniry area as"existinglplanned," and other planning activities that facilitate smart growth. E. Exciuded Costs 1. In determining the amount of SGIP Funding SANDAG will provide for the Project, SANDAG will exclude: 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. The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG's fnal 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 SGIP 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; 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. F. 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. G. Matching Funds Grantee has proposed matching funds for the project and therefore agrees as follows: 10 8-18 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 inciude 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 cumulativeiy 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 provided is made to SANDAG in order to maintain Maximum Percentage(s)of SANDAG participants. No refunds of matching funds will be made. Section 6.Accounting Records In compliance 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, payrolis, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly identified, readity accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. 11 8—� 9 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 trensmission 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 Subgrentees. 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 subgrentees 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, specifcations, 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 smart growth data. 12 8-2� 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 the TransNet Extension Ordinance for TransNet funds. This ProjecPs 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 appiicable, either forwards the finai SGIP 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 ProjecPs 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 SGIP 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 time�y progress toward completion of the Project within the timelines set forth in the Project Schedule (Attachment Aj, 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 perfortnance 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 shali not be construed as a waiver by SANDAG of a project delivery schedule or date, or 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 SGIP Funding to be provided for the Project if the Grantee has violated the terms of the 13 8-21 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 SGIP Funding forthe Project. D. In general, termination of SGIP 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 SGIP 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 SGIP 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 expiretion 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 SGIP 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 SGIP 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 SGIP 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 Califomia. 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 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. 14 8-22 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 shali be brought in a state or federal couR 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. Insurence 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 Califomia or the equivalent types and amounts of self-insurence, as follows: A. General Liability. Combined single limit of 51,000,000 per occurrence and 52,000,000 general aggregate for personal and bodily injury, inctuding 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 additionai 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 51,000,000. C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of Califomia. 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 acceptabie 15 8-23 insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: 1. 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 524 million (Class V) or better," or 1. A Lloyds of London program provided by syndicates of Lloyds of Lo�don 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 frst 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. Generaily. 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, offcers, 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 wiliful 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 liabiliry 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 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. 16 8-24 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. Severabiiity 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 S00 San Diego, CA 92101 Attn: Heather Cooper 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 "weY' signatures, please confirtn with SANDAG Finance and Planning staff that the applicable RTIP has been approved. Thank you. 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. 17 8-25 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION CITY OF NATIONAL CITY OFGOVERNMENTS GARY L. GALLEGOS [Full Name] Executive Director [fitle] APPROVED AS TO FORM: APPROVED AS TO FORM Associate Generel Counsel [Full Name] [Title] I 18 8-26 � Z o ui � Z U O w F � w � F- z Z w � o � � z O W a w u� � � O � m � z � w F � � w U U O W - � 0 O a a °x � w p o m cn O � a H a d z � C9 H � w a � F � � p Z w m U a � Z V � � 5 w � � � � O Q w � a O � a S U � w N � O O Y � � a � � � � � a z r a � p � O Q W z � w d Z p J O a o � � Q Q °w x O � U J � (n � w o °'-' a z 00 aa ¢ � o .Ua y � 0 � a O U d F � � � � u� � WU a' `m uU i» � W y oa 'o� � Z L a` � aaa �. F- 8-27 ATTACHMENT B S,ANDAG C� BOARD POLICY NO. O��J COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy This Policy applies to the following grant programs administered through SANDAG, whether from TransNet or another source: Smart Growth Incentive Program, Environmental Mitigation Program, Bike and Pedestrian Progrem, Senior Mini Grant Program, Job Access Reverse Commute, New Freedom, and Section 5310 Elderly & Persons with Disabilities Transportation Program. Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that conflict with the requirements in this Policy. There are never enough govemment grant funds to pay for all of the projects worthy of funding in the San Diego region. For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees accountable to the project schedules they have proposed in order to ensure fairness in the competitive process and encourage grantees to get their projects implemented quickly so that the public can beneft from the project deliverables as soon as possible. Procedures 1. Project Milestone and Completion Deadlines 1.1. When signing a grant agreement for a competitive program funded and/or administered by SANDAG, grant recipients must agree to the project delivery objectives and schedules in the agreement. In addition, a grantee's proposal must contain a schedule that falls within the following deadlines. Failure to meet the deadlines below may result in revocation of all grant funds not already expended. The final invoice for capital, planning, or operations grants must be submitted prior to the applicable deadline. 1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary construction contract must be awarded within two years following execution of the grant agreement, and construction must be completed within eighteen months following award of the construction contract. Completion of construction tor purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year following execution 20 8-28 of the grant agreement, and the planning project must be complete within hvo years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grentee approves the final planning project deliverab�e. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of the grant agreement, and the operetions must commence within six months following award of the operations wntract. If no services contract for operations is .necessary, the operations project must commence within one year of execution of the grent agreement. 1.1.4 Funding for Equipment or Vehicles Grents. If the grant will fund equipment or vefiicles, the project must be compteted according to the schedule provided in the grant agreement, but at the latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year following execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months following award of the purchase contract. 2. Project Milestone and Completion Deadline Extensions 2.1. Schedules within grant agreements may include project scopes and schedules that will identify interim milestones in addition to those described in Section 1 of this Policy. Grant recipients may receive extensions on their project schedules of up to six months for good cause. Extensions of up to six months aggregate that would not cause the project to miss a completion deadline in Section 1 may be approved by the SANDAG Executive Director. Extensions beyond six months aggregate or that would cause the project to miss a completion deadline in Section 1 must be approved by the Policy Advisory Committee that has been delegated the necessary authority by the Board. For an extension to be granted under this Section 2, the following conditions must be met: 2.1.1. For extension requests of up to six months, the grantee must request the extension in writing to the SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension should be granted. The Executive Directors action will be reported out to the Board in following month's report of delegated actions. 2.1.2. A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. 21 8-29 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligation by the grantee to return to SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects that were already granted extensions by the Executive Director and are again falling behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program Manager. 3.2 A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. The grantee must provide the necessary information to SANDAG staff to place in a report to the Policy Advisory Committee. If su�cient time is available, and the grant ut'ilized TransNet funds, the request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommendation. The grantee should make a representative available at the meeting to present the information to, and/or answer questions from, the ITOC and Policy Advisory Committee. 3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for extenuating circumstances that the grantee could not have reasonably foreseen. 4. Resolution and Execution of the Grant Agreement 4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed grants, prospective grantees must submit a resolution from their authorized governing body that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets the requirements in this Subsection 4.1 will result in rejection of the application and the application will be dropped from consideration with funding going to the neut project as scored by the evaluation committee. In order to assist grantees in meeting this resolution,deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant application submission. 4.1.1 Grantee governing body commits to providing the amount of matching funds set forth in the grant application. 4.12 Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 42 may result in revocation of the grant award. 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the neut project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure 22 8-30 to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 23 8-31 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Design Development Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 3. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG staff may meet with the grantee to comment on submitted plans and assure_substantial conformance. SANDAG may comment on submitted plans regarding: • whether they are consistent with the project proposed in the original grant application, and • consistency with accepted pedestrian/bicycle facility standards. 4. Quarterly Reports: Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 5. Pertormance Monitoring: SANDAG staff may measure pertormance of the constructed capital improvements against stated project objectives, and evaluate the overall SGIP. Grantee is expected to meet with SANDAG staff to identify relevant pertormance measures and data sources, and provide available data and feedback regarding the program as appropriate. Planning Grants 1. Contact Information. Grantee must provide SANDAG with contact information fo�the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all stakeholder and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 3. Request for Proposals and Consultant Selection. Grantee must submit consultant draft Request for Proposals to SANDAG staff for review and comment. Consultant proposals must also be submitted to SANDAG for review and comment prior to consultant selection. 4. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 24 8-32 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS SMART GROWfH INCENTIVE GRANT PROGRAM QUARTERLY PROGRESS REPORT �. � y- Reportirig-.Penod,` s'Due'Date�;='. Project Title: _ _ Project Manager Name: Agency: Address: Telephone: Contract#: Invoice Date: Invoice#: Invoice Period: (from) (to) Task 1 IFill in each task from Scope of Workl 1. Work Accomplished this Invoice Period Add description 2. Work Anticipated for Neut Invoice Period Add description 3. Challenges or Problems Experienced and Actions Toward Resolution Add description Task 2 1. Work Accomplished this Invoice Period Add description 2. Work Anticipated for Next Invoice Period Add description 3. Challenges or Problems Experienced and Actions Toward Resolution Add description 25 8-33 Summa of Pro ress Task Scheduled Scheduied Completed Start Next Complete Anticipated Start Date Completion This Invoice Invoice Next Completion Date Period? Period? Invoice Date (if not (mark x) (mark x) Period? as mark x scheduled � Task 1 Task 2 Task 3 Actionls requested of SANDAG (check appropriate box/es): ❑ No action requested ❑ Amendment to': ❑ Scope of Work Describe: J ustification: ❑ Project Budget Describe: Justification: ❑ Project Schedule Describe: Justification: `For any amendment requested, please describe the amendment and provide justification for why the amendment is needed. For Project Schedule amendment requests, explain: • previous efforis to maintain timely progress, • reasons for the delays and why they were unavoidable, and • demonstrate how the project wil/meet the proposed revised deadlines if the schedule amendment is approved. It is the Grantee's responsibility to ensure compliance with Board Po/icy No. 035 (Use it or Lose it) milestones and grant agreement terms and conditions. Amendment requests are subject to SANDAG approval �Note that any changes from scheduled start and completion dates are subject to approval by SANDAG. Please refer to Board Policy No. 35 in your grant agreement regarding milestones that fall behind schedule, and the actions required for schedule adjustments. 26 8-34 u �: 000000 88 � S °o S °o - S °o o S o °0 8 °c S °o� € � e00000�o � ooA»»»«« ° 3 S » �� o 0 oe �� » » » »A » SSo �+ : � m �� E _ n«.°. a � �ti�° Sa °vo y �-4 N _ c �O i. _ � e o 5 �°-x:_ °c e `_ st'_'� - :eXf c.:=«;. ' w � 'x 'r3. F co , - ': °o e o 9 s��zE � � o.°,f a �}` °a u �'j� ~�°- �::R p pp p p p p p p p � 4F'�'� 000p0p0p0p0p0p00 � O OSpS S Gp 0p0p 0��... 0p00000O0 d'�'..�Q M M M M M H N N N N N N 'M N M M N: M N N N M N N W �b2_ - : 4+-=€ �. - - - - "�'=� 5888 S -- »�xI� _ O Q " � �S C � �'?i�° °o g°o g °o s o �' n:s.� �. `o!'`a E ` o o � � �io.', - � U F o e�,� o � � o o a f - �+ 8888 °o E EE � co ?_ � ej .�': »�iR�R .Y � � � � � g a¢ u' `"�:c p o � o o _ `m ° �.r w d o _ � � _. �Sd. V U C m �i�`^- O O G C O O 8 S S S O O O O O S _ O S N.. M N N M �� N [ � N M N � � � E �:- _ _ N f-; :F ) . c ��.f' 0 � � L'- :_ o !' " a 5 � c�gg � °o �.-,-k� w�°n�n I � o � ,O ye N y gp g 8 p U . Sk.0[ q M�� H O Q N � C_v:� 5 � o S E .-)u:E i � � a:a° : w° ? 0 E Y ' w � LL r _ � Q N N�N'N d 8-35 m � a ; s � d a ��,;spoaspsssssosssosspsposspsOssspss s '9{�j��, N N H H N K H N OO O G�OO OO N M M�p N N N W K K ; . F"Ip N i�: � ��r��"" 8888SS88800880000SS88SooS8 w i"tq»w�»doo��oo�ooy0000.��i$»»� 5 •� `' � 8 st ' tk+r. p pp pp pppp - i�Y O O O O O O O O O O O S S O O O O O O O O O O O O O°Q U''ti4w$n°www.°z.`2°n°w°w.°n.°�w°w.4$nw$$°ww°w$ °w°o a;;� 0 �.e � Na: W m �. H m � 2 m a y c rcc - (9 � � O� � O d m ' �= � � u y m F t` � g w o U i M1 ° 4 � � M�N�O Q G m �[�[�[Y a[�[ F C �n ui �n q n x r�r��r � t E z i. � a w 3 O "s � oa E � � o `° '�° U � i° �q O h LY'� O u m V a� L W N n w `y � O 1-F I�F a Q 8-36 RESOLUTION \'O. 2013- RESOLUTION OF THE CITY COUI�TCIL OF THE CITY OF CHULA VISTA ACCEPTII�'G FY 2013 SI��ART GROWTH Ii�'CE?�TTIVE PROGRAi�4 FiTiVDS THROliGH THE SA\' DIEGO .4SSOCIATtOI�i OF GOVERI�rME\'TS Il�' THE AA40iTiVT OF �1344.671 FOR THE THIRD AVE\TUE STREETSCAPE IA4PLEMENTATION PROJECT PHASE 2 FROM \'ORTH OF A4ADRONA STREET TO "F" STREET: AUTHORIZIi�'G THE CITY ENGINEER TO EXECUTE THE AGREEMEI�'T BETWEEN THE CITY OF CHULA VISTA Ai\iD THE SAN DIEGO ASSOCIATIOI�' OF GOVERi\TMEI�TTS: AMENDIA'G THE FISCAL YEAR 20li- 2014 CIP BUDGET BY ESTABLISHING A \'E��' CAPITAL IMPROVEMENT PROJECT "THIRD _AVENUE STREETSCAPE IMPLEMENTATION PROJECT PHASE 2" (STL400); APPROPRIATIi1iG SAID GRANT FUI�'DS OF �1.3�4.641 TO CIP STL400 TO THE TRANSNET FUivD: REDUCING THE STL373 BUDGET BY �3�.000. STL393 BUDGET BY $90.000 AND STL397 BUDGET BY �2�0.000 IN PROPOSITION 42 FUNDS Ai\'D APPROPRIATII��G THE EQUIVALENT TOTAL AMOUi�'T OF $37�;000 TO THE STL400 BUDGET WHEREAS; the San Dieeo Association of Go��ernments (S.Si\'DAG) announced on September 28; 2012 a "Call for Projects° to all elieible cities interested in applying for consideration to receive Trans\'et Smart Gro�inh Incentive Program (SGIP) Grants totaline 59.6 million; and 1�'HEREAS, on Januan� 8, 2013, by Resolution 20li-004; City Council authorized staff to submit an application for FY 20li TranNet Smart Gro«rth Incentive Proeram Grant Funds (SGIP Funds) throueh SAi�'DAG for construction of the Third Avenue Streetscape lmplementation Project Phase 2 from\'orth of D4adrona Street to F Street (Project) ; and WZ-IEREAS; on June 28; 20li; the Reoional Plannine and Transportation Committee recommended to the SANDAG Board of Directors approval for four capital projects to receive full funding and t«o projects to receive partial funding according to the final project ranl:inQs and available funding. The Cit�� of Chula Vista's capital project �vas one of the two that was recommended for partial funding; and R%HEREAS, on July 1, 20li; the City of Chula Vista �vas a.��arded a total of$1,3�4;671 SGIP Funds for the Project; and NHEREAS; the grant �ti�ill require an agreement bindine on both parties and establishine the roles bet«-een the City and SANDAG for use of the SGIP Funds w�ith reeards to scope; schedule, budeet and procedure required durine the course of the Project; and 1:Wttomey�FINAL RESOS A\'D ORDINANCESl2013\I O 15 131CCResoReSTL400Granv1cceptance-9 30 13-FI\AL.doc 10/8/2013 ll:dl M9 8-37 Resolution No. Page 2 WHEREAS, the City of Chula Vista is required to enter into a Grant Agreement with SANDAG for this funding to occur; and WHEREAS, the Development Services Director has reviewed the proposed actions associated with the Third Avenue Streetscape Improvement Project for compliance with the Califomia Environmental Quality Act and has determined that the project and thus these actions, were covered in previously adopted Final Envirorunental Impact Report far the Chula Vista Urban Core Specific Plan (UCSP), Final Environmental Impact Report-06-01 (FEIR-06-01). Pursuant to the Califomia Environmental Quality Act (CEQA) on April 26, 2007 the City, acting as Lead Agency, certified FEIR-06-01 for the UCSP. On January 25, 2011 the City, acting as Lead Agency, having found and determined that certain amendments to the UCSP, including the referenced Third Avenue Streetscape improvements, would not result in significant unmitigated impacts and thaf only minor technical changes or additions to FEIR-06-01 were necessary and tbat none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent environmental document had occurred; adopted an Addendum to FEIR-06-01. Therefore, approval of the proposed actions that would: A) accept SGIP Funds and B) carry out the necessary administrative and fiscal actions associafed with implementation of Phase II for the Third Avenue Streetscape Improvement Project require no further CEQA actions or determinations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula � Vista does hereby accept FY2013 TransNet Smart Growth Incentive Program Grant Funds through the San Diego Association of Govemments in the amount of $1,344,671 for the Third Avenue Streetscape Implementation Project Phase 2 from North of Madrona Street to F Street. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize the City Engineer to execute the Agreement between the City of Chula Vista and the San Diego Association of Govemments. BE IT FURTHER RESOLVED that the City Counci] of the City of Chula Vista does hereby amend the Fiscal Year 2013-2014 Capital Improvement Program (CIP) Budget by establishing a new Capital Improvement Project "Third Avenue Streetscape Implementation Project Phase 2" (STL400); appropriate said grant funds of $1,344,671 to CIP STL400 to the TransNet Fund; reduce the STL373 Budget by $35,000, STL393 Budget by $90,000 and STL397 Budget by $2�0,000 in Proposition 42 Funds and appropriate the equivalent total amount of $375,000 to STL400 budget. Presented by Approved as to form by Richard A. Hopkins len R. Googins Director of Public Works ��ity Attorney . . J:Wttorney\FIIdAL RESOS AND ORDINANCES�?013V 0 I S 13\CCResoReSTL400GrantAcceptance-9 30 li-FINAL.doc 10/8/2013 ll:41 AM 8-38