HomeMy WebLinkAbout2010/01/12 Item 2
CITY COUNCIL
AGENDA STATEMENT
~(0::.. CITY OF
.~ (HUlA VISTA
JANUARY 12, 2010 Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ENTERING INTO At"'! AGREEMENT WITH
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND ACCEPTING A GRANT FROM THE TRANSNET
SMART GROWTH INCENTIVE PROGRAM FOR FISCAL
YEARS 2009-10 AND 2010-11 FOR THE PREPARATION OF
TI-IE PALOMAR GA TEW A Y )~RlCT SPECIFIC PLAN
DEPUTY CITY MANAG~EVELOPMENT SERVICES
DIRECTOR ~
CITY MANAGER ,} --
SUBMITTED BY:
REVIEWED BY:
SUMMARY
4/5THS VOTE: YES D NO I X I
The San Diego Association of Governments (SANDAG) announced in December 2008 a
"Call for Projects" to all interested and eligible cities interested in applying for consideration
to receive TransNet Smart Growth Incentive Program Grants totaling $9.6 million. On
February 3,2009, the City Council authorized staff to submit applications for several grants.
On May 22, 2009, SAt"'lDAG announced that they had awarded $9.4 million in grants to
municipalities to help pay for smart growth initiatives/improvements that support compact,
transit-oriented developments and create interesting places within communities.
The City of Chula Vista was awarded $2,683,900 of those funds for the grant proposals to:
I) prepare a specific plan for the Palomar Gateway District (pGD); 2) implement a
streetscape project along the segment of Third Avenue Village between H Street and
Madronna Street; and 3) build the missing street improvements on Industrial Boulevard
between Palomar Street and Naples Street. The agreement and resolution being presented to
the City Council tonight is for the grant awarded by SAt"'lDAG to the City for the
preparation of the PGD Specific Plan. The agreements and resolutions for the other two
grants will be forthcoming to the City Council in early 20 I O. The attached Agreement
establishes the roles between the City and SANDAG for the fimds for the preparation of the
PGD Specific Plan with regards to scope, scheduling, budgeting and procedure required
during the course of the project. The City of Chub Vista is required to enter into this
Agreement for this funding to occur.
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DECEMBER 15, 2009 Item 1-
Page 2 of 4
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity of entering
into an agreement and accepting the grant 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. Therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject
to CEQA. The subsequent preparation of the Specific Plan will be subject to
environmental review.
RECOMMENDA nON
That the City Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
In December 2008, SANDAG announced a "Call for Projects" to all eligible cities
interested in applying for consideration to receive TransNet Smart Growth Incentive
Program (SGIP) Grants totaling $9.6 million. The SGIP grant program funds both capital
and planning projects aimed at facilitating smart growth plans and improvements that
result in compact, mixed-use development focused around public transit, and which
provide more housing and transportation choices. On February 3, 2009, Council
authorized staff, through Resolution No. 2009-020 through Resolution No. 2009-25, to
submit six applications for three capital grant projects and three planning grant projects,
requesting a total of $ 3,076,900 in grant funding.
An evaluation panel was established to review and score the submitted proposals. A total
of35 eligible projects were evaluated based on developed SANDAG criteria. The capital
improvement projects were based on project setting, project readiness, cost effectiveness,
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 for
capital improvement projects. The planning projects were scored on smart growth
qualities and development potential of the project area, how well the project addressed
the project area's needs and evidence of the local commitment to smart growth. Planning
projects were evaluated and awarded points for the project's proximity to regional transit
services and on the level of committed matching funds.
As noted above, in May 2009 three of the grant applications submitted by the City of
Chula Vista were successful in being awarded grant funding including the POD Specific
Plan project. This project was awarded a total of $400,000 in planning grant funds.
Additional matching funds in the amount of $150,000 have been allocated from the
Redevelopment Agency Fund and programmed in the 2009-10 Capital Improvement
Program under project number OP217.
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DECEMBER IS, 2009 Item~
Page 3 of4
The Palomar Gatewav District is located at the interchange of Palomar Street and the
Interstate 5 freeway (see Attachment I). The 100+-acre area is the major southern
gateway to the City of Chula Vista for visitors entering both from the freeway and from
the blue line trolley. The district radiates from the Palomar Transit Station at the
intersection of Palomar Street and Industrial Boulevard, with a mix of light industrial,
commercial and multi-family housing extending north and south of Palomar Street.
The scope of work for the grant includes the preparation of the PGD Specific Plan along
with related technical studies and an environmental impact report. A specific plan for
future development in the Palomar Gateway District was identified in the 2005 General
Plan. This PGD Specific Plan will develop zoning-level standards and design guidelines
for land use arrangements that will establish a mixed-use transit focus area within
walking distance of the Palomar Trolley Station. The plan will also include guidelines
for the design and implementation of a neighborhood park within the district as well as a
multi modal mobility plan, a phasing plan, finance plan, air quality improvement plan,
implementation plan and an affordable housing plan.
The Agreement
The Grant Agreement is between the SANDAG and the City of Chula Vista and is binding
on both parties (Attachment 2). The SANDAG Board approved and executed the agreement
in December 2009. Noted attachments included in the Agreement are the approved project
budget, which includes the specific tasks covered and the estimated cost of each task, and
the project's scope of work. Also included as Attachment D of the Grant Agreement and of
significance are the procedures set forth in the "Use It or Loose It" Policy. TIlis policy
establishes project delivery objectives and establishes accolffitability with the project
milestones and completion deadlines. City staff, with assistance from SANDAG developed
the project budget and schedule for inclusion in the Agreement. Also of consequence and
included in the Agreement are Project Oversight Requirements. In summary, the Project
Oversight Requirements establish protocol between SANDAG and the City of Chula Vista
for the following: generation of contact information, quarterly reporting obligations, and
coordination procedures for consultant selection and advance noticing requirements for all
stakeholder and community meetings.
DECISION MAKER CONFLICT
Conflict but Exception
Staff has reviewed the property holdings of the City Council and has found that Council
Member Ramirez has property holdings within 500 feet of the boundaries of the property
that is the subject of this action. Although this could create a conflict for the Council
Member, pursuant to California Code of Regulations Section 18704.2, no conflict exists.
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DECEMBER 15, 2009 Item~
Page 4 of 4
CURRENT YEAR FISCAL IMP ACT
There are no impacts to the General Fund for the acceptance of the Grant for the
preparation of the Palomar Gateway District Specific Plan. The total estimated cost of
the Palomar Gateway District Specific Plan is $550,000 with $400,000 from the Smart
Growth Incentive Program and $150,000 (over a two year budget cycle) from the Merged
RDA Project Fund. The City's matching funds in the grant application have already been
budgeted for through the adoption of the Operating and Capital Improvement Budget for
FY-2009/201O per Resolution 2009-133.
ONGOING FISCAL IMPACT
Preparation of the Specific Plan does not have on-going fiscal impacts. Further
development which may occur under the Specific Plan could have on-going impacts,
which would be identified with each subsequent development project.
ATTACHMENTS
I. Locator Map
2. Grant Agreement
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ow OF
CHULA VISTA
2-5
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ENTERING INTO AN AGREEMENT WITI-I
THE SAt'! DIEGO ASSOCIATION OF GOVERNMENTS AND
ACCEPTING A GRANT FROM THE TRANSNET SMART
GROWTH INCENTIVE PROGRAM FOR FISCAL YEARS 2009-
10 AND 2010-11 FOR THE PREPARATION OF THE PALOMAR
GA TEW A Y DISTRICT SPECIFIC PLAN
WHEREAS, the San Diego Association of Governments (SANDAG) announced in
December 2008 a "Call for Projects" to all interested and eligible cities interested in applying for
consideration to receive TransNet Smart Growth Incentive Program Grants totaling $9.6 million;
and
WHEREAS, on FeblUary 3, 2009, the City Council authorized staff to submit applications
for several grants to nmd both capital projects and planning projects; and
WHEREAS, on May 22, 2009, SANDAG announced that they had awarded $9.4 million
in grants to municipalities to help pay for smart growth initiativelimprovements that support
compact, transit oriented developments and create interesting places within communities; and
WHEREAS, the City of Chula Vista was awarded $400,000 of those funds to prepare a
Specific Plan and Environmental Impact Report for the Palomar Gateway District; and
WHEREAS, the grant will require an agreement binding on both parties and establishing
the roles between the City and SANDAG for these funds with regards to scope, scheduling,
budgeting and procedure required during the course of the project; and
WHEREAS, the City of Chula Vista is required to enter into this Agreement for this
funding to occur;
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
(entering into an agreement and accepting the grant) for compliance with the Calilornia
Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as
defined under Section 15378 of the State DEQA Guidelines; therefore, pursuant to Section
15060(C)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby enters into an agreement with the San Diego Association of Governments regarding the
TransNet Srnmt Growth Incentive Program Grants in the amount of $400,000 for the preparation of
the Palomar Gateway District Specific Plan and Environmental Impact Report, copy of which shall
be kept on file in the office of the City Clerk.
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Resolution
Page 2
Presented By:
G Ha e , AI P, P
Deputy i . Manager/
Director of Development Services
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__",e
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND W1LL BE
FORt\1ALL Y SIGNED UPON APPROV 1)1
THE CITY COI1NCIL [--
'[
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Dated:
I/'; f,o
). J
GRANT AGREEMENT 0551346 BETWEEN
THE SAN DIEGO ASSOCIA nON OF GOVERNMENTS AND
THE CITY OF CHULA VISTA REGARDING
PALOMAR GA TEW A Y DISTRICT SPECIFIC PLAN AND
ENVIRONMENTAL IMPACT REPORT
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TransNet SMART GROWTH INCENTIVE PROGRAM FISCAL YEAR 2010
GRANT AGREEMENT 5001346 BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND
CITY OF CHULA VISTA
REGARDING PALOMAR GATEWAY DISTRICT SPECIFIC PLAN AND
ENVIRONMENTAL IMPACT REPORT
THIS GRANT AGREEMENT 5001346 ("Agreement") is made this _ day of January, 2010, by
and between the San Diego Association of Governments (hereinafter referred to as "SANDAG"),
401 B Street, Suite 800, 5an Diego, CA, and City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA
(hereinafter referred to as "Grantee").
RECITALS
The following recitals are a substantive part of this Agreement:
A. In November 2004, the voters of San Diego County approved SANDAG Ordinance No 04-01,
which extended the TransNet y,-cent sales and use tax through 2048 (Extension Ordinance).
B. The Extension Ordinance contains provisions for the creation of a Smart Growth Incentive
Program (SGIP), which began being funded by the Extension Ordinance on April 1, 2008.
C. In November 2008, SANDAG issued a Request for Proposals from local jurisdictions in
San Diego County wishing to apply for a portion of the SGIP funds for use on capital
improvement and planning projects meeting certain criteria.
D. Grantee successfully applied for SGIP funds for the following project: Palomar Gateway
District Specific Plan and Environmental Impact Report (hereinafter referred to as the
"Project"). The scope of work for the Project is attached as Attachment A.
E. The purpose of this Agreement is to establish the terms and conditions for SANDAG to
provide Grantee with funding to implement the Project.
F. 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.
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NOW, TH EREFORE, 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 the Agreement, which action may not be taken
or omitted without such 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
Attachment A.
E. Extension Ordinance Assistance. Funding from the TransNet Extension Ordinance for the
Smart Growth Incentive Program.
F. Grantee. The local jurisdiction that is the recipient of Extension Ordinance Assistance 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.
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 27 percent, or $150,368, of the Approved Project Budget as
matching funds from resources other than the Extension Ordinance. Therefore, the maximum
percentage that SANDAG will pay Grantee for amounts invoiced under this Agreement is
73 percent, or $399,632, 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 (Attachment A).
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Based on the Approved Project Budget, the maximum amount of Extension Ordinance
Assistance SANDAG will pay to Grantee for amounts invoiced under this Agreement is
$399,632, or 73%, 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.
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. SANDAG authorizes
Grantee to begin working on the Project, and Grantee agrees to undertake Project
work, promptly after receiving a Notice to Proceed from SANDAG, notwithstanding the
effective date of this Agreement.
3. Grantee's Capacity. Grantee agrees to maintain or acquire sufficient legai, 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. Grantee agrees to complete the Project according to the Project
Schedule attached hereto as Attachment A and in compliance with the Use-It-or-Lose-It
Policy 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.
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 Independent Cost Estimate (ICE) (e.g., a
construction cost estimate) prior to soliciting proposals; publicly advertise for
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6. Changes to Project Composition. This Agreement was awarded to Grantee based
on the application submitted by Grantee, which contained representations by Grantee
regarding the zoning, development parameters (such as population density), project
proximity to transit, and other criteria relevant to evaluating and ranking the Project
based on SANDAG smart growth goals ("Project Justification"). 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 snould know that substantive changes in the Project Justification have occurred or
will occur, Grantee will immediately notify SANDAG. SANDAG will then determine
whether the Project is still consistent with the overall objectives of the SGIP and that
the changes would not have negatively affected the Project ranking during the grant
application process. SANDAG reserves the right to have Extension Ordinance Assistance
withheld or refunded due to substantive changes to the Project Justification. See
Section 9, paragraph F, of this Agreement regarding amendments to the Scope of
Work.
B. Significant Participation by a Subgrantee. Although Grantee may delegate any or almost
all Project responsibilities to one ,?r more subgrantees, the Grantee agrees tha,t it, rather than
any subgrantee, is ultimately responsible for compliance with all applicable laws, regulations,
and this Agreement.
C. Grantee's Responsibility to Extend Agreement Requirements to Other Entities
1. Entities Affected. If an entity other than Grantee is expected to fulfill any
responsibilities typically performed by 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.
a, Required Clauses. 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.
b. Flowdown. 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.
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D. 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.
E. Changes in Project Performance. 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. 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, Grantee agrees to send each notice to SANDAG required
by this subsection to SANDAG's Office of General Counsel. Grantee further agrees to utilize
the procedures set forth in the Use-lt-or-Lose-lt Policy attached hereto as Attachment B if it
anticipates a delay in performance.
F. Standard of Care. 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, the 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
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 Grantee or its subgrantees.
Section 3. Ethics
A. Grantee Code of Conduct/Standards of Conduct. Grantee agrees to maintain a written
code of conduct or standards of conduct that shall govern the actions of its officers,
employees, councilor board members, or agents engaged in the award or administration of
subagreements, leases, or third-party contracts supported with TransNet Ordinance assistance,
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, councilor 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. Grantee may set de minimis
rules where the financial interest is not substantial, or the gift is an unsolicited item of
nominal intrinsic value. 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, Grantee agrees
that its code of conduct or standards of conduct shall include penalties, sanctions, or other
5
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disciplinary actions 'for violations by its officers, employees, board members, or their agents,
or its third-party contractors or subgrantees or their agents.
1. Personal Conflicts of Interest. Grantee agrees that its code of conduct or standards
ot' conduct shall prohibit Grantee's employees, officers, councilor board members, or
agents from participating in the selection, award, or administration of any third-party
contract or subagreement supported by Extension Ordinance Assistance 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. 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 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 is 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. 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 is also prohibited from soliciting or 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 i~terest exists
with regard to the Agreement or the Project, it should notify the SANDAG Office of General
Counsel immediately.
C. Bonus or Commission. Grantee affirms that it has not paid, and agrees not to pay, any
bonus or commission to obtain approval of its Extension Ordinance Assistance application for
the Project.
D. False or Fraudulent Statements or Claims. 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.
6
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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 Extension
Ordinance Assistance awarded for the Project may be made consistent with applicable laws,
regulations,' and policies. Prior SANDAG approval is required for transfers of funds between
Approved Project Budget categories; approval will not be unreasonably withheld.
Section 5. Payments
A. Funding Commitment. Grantee agrees that SANDAG's maximum commitment for Project
Costs will not exceed the Maximum SANDAG Contribution of $399,632. SANDAG's
responsibility 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 SANDAG, whether for excess payments of Extension Ordinance
Assistance, failure to comply with the Use-lt-or-Lose-It Policy (Attachment B), 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. SANDAG shall pay Grantee on a quarterly basis following receipt
and approval of an invoice accompanied by documentation of expenses incurred on the
Project, as well as a quarterly report describing progress on tasks in scope of work. Upon
receiving a request for payment and adequate supporting information, SANDAG will make
payment for eligible amounts to Grantee within 30 days if Grantee has complied with the
requirements of the Agreement, including quarterly reporting requirements, has satisfied
SANDAG that the Extension Ordinance Assistance requested is needed for Project purposes in
that requisition period, and is making adequate progress toward Project completion. After
Grantee has demonstrated satisfactory compliance with the preceding-requirements, SANDAG
will reimburse Grantee's apparent allowable costs incurred consistent with the Approved
Project Budget for the Project. SANDAG shall retain ten percent (10%) from the amounts
invoiced until satisfactory completion of work. SANDAG shall promptly pay retention
amounts to Grantee following Grantee's satisfactory completion of work, receipt of Grantee's
final invoice and all required documentation.
C. Costs Reimbursed. Grantee agrees that Project costs eligible for Extension Ordinance
Assistance must comply with all the following requirements. Except to the extent that
SANDAG determines otherwise, in writing, to be eligible for reimbursement, Project costs,
including matching funds, must be:
1. Consistent with the Project Scope of Work, the Approved Project Budget, and other
provisions of the Agreement,
2. Necessary in order to accomplish the Project,
7
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3. Reasonable for the goods or services purchased, as evidenced by the Grantee's
independent cost estimate or construction cost estimate for the goods/services at issue,
along with a record of negotiation with a vendor/supplier,
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 after the Effective Date of the Agreement, and following
Grantee's receipt of a Notice to Proceed from SANDAG,
6. Satisfactorily documented,
7. Treated consistently in accordance with accounting principles and procedures approved
by SANDAG for the Grantee (see Section 6 Accounting Records), and with accounting
principles and procedures approved by the Grantee for its third-party contractors and
subgrantees, and
8. Eligible for Extension Ordinance Assistance as part of the SGIP.
D. Excluded Costs
1. In determining the amount of Extension Ordinance Assistance SANDAG will provide for
the Project, SANDAG will exclude:
a. Any Project cost incurred by Grantee before the Effective Date of the Agreement
or 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; and
d. Any cost ineligible for SANDAG participation as provided by applicable laws,
regulations, or policies.
2. Grantee understands and agrees that payment to 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. 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 Taxpayer Oversight Committee
(ITOC) has been completed, whichever occurs latest. If SANDAG determines that the
Grantee is not entitled to receive any portion of the Extension Ordinance Assistance
requested or paid, SANDAG will notify the Grantee in writing, stating its reasons.
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, or other similar
8
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transactions; 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.
E. Duty to Obtain Matching Funds. Grantee agrees to provide sufficient funds or approved
in-kind resources, together with the Extension 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 andlor percentage(s) of matching funds 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 Project costs.
F. Maximum Percentage of SANDAG Participation. Upon receipt of an invoice from
Grantee documenting Grantee's incurred and eligible expenses, SANDAG agrees to pay its
Maximum Percentage of SANDAG Participation based on the invoiced amount.
G. Reduction of Matching Funds. Grantee agrees that no refund or reduction of the amount
of matching funds may be made unless, at the same time, a reduction of the proportional
amount of the Extension Ordinance Assistance provided is made to SANDAG in order to
maintain the Maximum Percentage of SANDAG Participation.
Section 6. Accounting Records
In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows:
A. Project Accounts. 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. Grantee also agrees to maintain' 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.
B. Documentation of Project Costs and Program Income. Except to the extent that
SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to
the Project, including any approved services or property contributed by 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. 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. 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
9
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e. Record Retention. During the course of the Project and for three years thereafter from the
date of transmission of the final expenditure report, 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. 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. Grantee agrees that Project closeout does not alter the reporting and
record retention requirements of this Agreement.
F. Quarterly Reports. It shall be the responsibility of Grantee to advise SANDAG on a
quarterly basis of 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 and Project Schedule. The quarterly progress report shall be submitted in writing to
SANDAG. Grantee shall document the progress and results of work performed under this
Agreement to the satisfaction of SANDAG. This may include progress and final reports, plans,
specifications, estimates, or other evidence of attainment of the Agreement objectives, which
are requested by SANDAG or the ITOe. Grantee may be required to attend meetings of
SANDAG staff and committees, including ITOe, to report on its progress and respond to
questions.
Section 8. Project Completion, Audit, Settlement, and Closeout
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by SANDAG, Grantee agrees to submit a final certification of Project expenses
and final reports, as applicable. All payments made to 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. If Grantee uses SANDAG funds for indirect costs, final
audit will include an indirect cost audit as well.
B. Project Closeout. Project closeout occurs when SANDAG notifies Grantee that SANDAG has
closed the Project and either forwards the final Extension Ordinance Assistance payment or
acknowledges that the Grantee has remitted the proper refund. Grantee agrees that Project
closeout by SANDAG does not invalidate any continuing requirements impos",d by the
Agreement or any unmet requirements set forth in a written notification from SANDAG.
10
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C. 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 Extension Ordinance Assistance provided for the Project in the event Grantee fails
to utilize the Project for its intended purposes as stated in the grant application.
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
time lines set forth in the Project Schedule (Attachment A). If timely progress is not achieved,
SANDAG may review the status of the Project to determine if the funds should be reallocated
to another eligible project, as per the Use-It-or-Lose-It Policy (Attachment B). Grantee
understands and agrees that any failure to make reasonable progress on the Project or
violation of the Agreement that endangers substantial performance of the Project shall
provide sufficient grounds for SANDAG to terminate the Agreement for the Project.
B. In the: event Grantee encounters difficulty in meeting the Project Schedule or anticipates
difficulty in complying with the Project Schedule, Grantee shall immediately notify the
SANDAG Project Manager 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 any rights or
remedies provided by this Agreement, including the Use-lt-or-Lose-lt Policy requirements.
C. Upon written notice, Grantee agrees that SANDAG may suspend or terminate all or any part
of the Extension Ordinance Assistance to be provided for the Project if Grantee has violated
the terms of the Agreement, or if SANDAG determines that the purposes of the laws or
policies authorizing the Project would not be adequately served by the continuation of
Extension Ordinance Assistance for the Project.
D. In general, termination of Extension Ordinance Assistance for the Project will not invalidate
obligations properly incurred by Grantee before the termination date to the extent those
obligations cannot be canceled. If, however, SANDAG determines that Grantee has willfully
misused Extension Ordinance Assistance by failing to make adequate progress, or failing to
comply with the terms of the Agreement, SANDAG reserves the right to require Grantee to
refund the entire amount of Extension Ordinance Assistance 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 the Use-It-or-
Lose-it-Policy (Attachment B).
11
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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 (Attachment A). Any substantive deviation from the Scope
of Work must be approved by SANDAG if grant 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. SANDAG will then determine whether the Project is still
consistent with the overall objectives of the SGIP and that the changes would not have
negatively affected the Project ranking during the grant application process. SANDAG
reserves the right to have Extension Ordinance Assistance 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 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.
12
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Section 11. Assignment
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 without the written
consent of SANDAG, which may be withheld for any reason; provided, however, that claims for
money due to Grantee from SANDAG under this Agreement may be assigned to a bank, trust
company, or other financial institution without such approval. Notice of such assignment or transfer
shall be promptly furnished to SANDAG in writing.
Section 12. Project Manager
Grantee has assigned Miguel Tapia 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.
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:
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
$24 million (Class V) or better," or
13
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2. A L10yds of London program provided by syndicates of L10yds 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.
3. 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
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 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 o.fficers, 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.
Section 1S. 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.
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:
14
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San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Attn: Smart Growth Incentive Program Manager
Grantee: City of Chula Vista
276 Fourth Ave.
Chula Vista, CA 91910
Attn: Miguel Tapia
and shall be effective upon receipt thereof.
Section 17. Signatures
The individuals executing this Agreement represent and warrant that they have the legal capacity
and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written
above.
SAN DIEGO ASSOCIATION
OF GOVERNMENTS
CITY OF CHULA VISTA
~~>~
~ GARY L. GAllEGOS
U - Executive Director
APPROVED AS TO SUFFICIENCY OF FORM
AND LEGALITY:
APPROVED AS TO SUFFICIENCY OF FORM
AND LEGALITY:
BART MIESFElD
City Attorney
1S
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ATTACHMENT A
SCOPE OF WORK, SCHEDULE, AND BUDGET
Project Location
Approximate 100-acre district surrounded by 1-5 to the west, Oxford Street to the north, between Industrial Boulevard and Broadway to the east, and
Anita Street to the south.
Project Description
Preparation of a Specific Plan and EIR for the approximate 100-acre Palomar Gateway District. The primary goal of the Specific Plan is to implement the
General Plan Smart Growth vision for a higher-density pedestrian and transit-oriented development, with a mix of shops and office near the transit station,
by providing the necessary zoning and regulatory framework consistent with the General Plan.
The scope includes:
.:. An extensive public participation program to ensure involvement from the community throughout the entire process
'.' A plan that contains clear and concise zoning and regulations to guide future development within the District
.:. Design guidelines for private property and the public realm
.:. A multi-modal mobility plan
.:. Infrastructure and phasing plan
'.' Market and fiscal analysis
.:. Implementation/administrative plan
.:. EIR to be used as a tool throughout the process to refine the Specific Plan.
I'.)
I
I'.)
"""
TASK DELlVERABLES START COMPLETION SANDAG MATCHING TOTAL
DATE DATE FUNDS FUNDS
SANDAG issues Notice to Proceed Notice to Proceed 1/1/2010 1/1/2010
1. SDecific Plan 1/1/2010 7/31/2011 $231,045 $85,455 $316,500
1.1 Finalize scope of work Revised scope of work & RFP 1/1/2010 1/30/2010 $6,931 $2,564 $9,495
1.2 Develop public participation Stakeholder contact list, public 1/1/2010 2/28/2010 $11,552 $4,273 $15,825
strategy participation strategy, & tentative
meeting schedule
1.3 Existing conditions analysis Existinq conditions summary report 3/1/2010 4/28/2010 $11,552 $4,273 $15,825
1.4 Kick off specific olanning process Public workshops & boundarv map 4/1/2010 4/28/2010 $4,621 $1,709 $6,330
1.5 Prepare technical studies Completed technical studies 5/1/2010 7/30/2010 $92,418 $34,182 $126,600
1.6 Prepare draft zoning regulations Updated land use map & public meeting 5/1/2010 8/30/2010 $11,552 $4,273 $15,825
1.7 Prepare specific olan Draft specific plan document 8/1/2010 3/31/2011 $69,314 $25,637 $94,950
1.8 Specific plan review & adoption Public workshop & final, specific plan 4/1/2011 7/31/2011 $23,105 $8,546 $31,650
process
2. Environmental Impact ReDort 2/1/2010 8/30/2011 ' $168,587 $64,913 $233.500
2.1 Finalize scope of work/hire Scope of work & RFP 2/1/2010 4/28/2010 $17,046 $6,305 $23,350
consultant
16
TASK DELlVERABLES START COMPLETION SANDAG MATCHING TOTAL
DATE DATE FUNDS FUNDS
2.2 Prepare initial study/prepare & Initial study/NOP 5/1/2010 6/30/2010 $8,523 $3,152 $11,675
distribute notice of preparation
2.3 Organize & hold public scoping Public meeting 6/1/2010 6/30/2010 $8,523 $3,152 $11,675
meeting ,
2.4 Draft EIR EIR document 7/1/2010 2/28/2010 $100,872 $39,228 $140,100
2.5 Public review Distribute document 3/1/2011 4/28/2011 $11,768 $4,577 $16,345
2.6 Final EIR Revised document/responses to public 5/1/2011 6/30/2011 $13,450 $5,230 $18,680
comments/final document
2.7 Certification of final EIR Certified EIR 7/1/2011 7/30/2011 $8,406 $3,269 $11,675
TOTAL $399,632 $150,368 $550,000
PROJECT REVENUES
SOURCE
TDNTransNet
In-kind
N TOTAL
I
N
OJ
FY2010
$200,000
$75,000
$275,000
FY2011
$200,000
$75,000
$275,000
TOTAL
$399,632
$150,368
$550,000
'"
17'
ATTACHMENT B
USE-IT-OR-LOSE-IT POLICY
1. Project Milestone and Completion Deadlines
1.1. This policy applies to all Smart Growth Incentive Program grant funds, whether from TransNet
or another source. By signing a grant agreement for the Smart Growth Incentive Program, grant
recipients agree to the following project delivery objectives.
1.1.1. Capital Grants. The project must be completed according to the schedule provided in the
grant agreement, but at the latest, a 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.
1.1.2. Planning Grants. The project must be completed according to the schedule provided in the
grant agreement, but at the latest, a consultant contract must be awarded within one year
following execution of the grant agreement, and the planning project must be complete within
two years following award of the consultant contract. Failure to meet the above deadlines may
result in revocation of all grant funds not already expended.
1.2. Grant funds made available as a result of this process may be awarded to the next project on
the recommended project priority list from the most recent project selection process, or they may be
added to the funds available for the next project funding cycle, at SANDAG's discretion. Any project
that loses funding due to failure to meet the deadlines specified in this policy may be resubmitted
to compete for funding in a future call for projects.
2. Project Delays and Extensions of up to One Year
2.1. Grant recipients may receive extensions on their project schedules of up to one year for good
cause. Extensions of up to twelve months aggregate that would not cause the project to miss a
deadline in Sections 1.1.1 or 1.1.2 may be approved by the SANDAG Program Manager for the
Smart Growth Incentive Program. Extensions beyond twelve months aggregate or that would cause
the project to miss a deadline in Sections 1.1.1 or 1.1.2 must be approved by the Regional Planning
Committee. 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 grant recipient 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.
2.1.2. For extension requests that will cause one or more project milestones to be delayed more
than six months, but less than twelve months aggregate, the grant recipient must request an
extension in writing to the SANDAG Program Manager at least six weeks prior to the earliest project
schedule milestone deadline for which an extension is being requested.
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2.1.3. The project sponsor seeking the extension must document previous efforts undertaken to
maintain the project schedule, the reasons for the delay, and why they were unavoidable, and
demonstrate an ability to succeed in the extended time frame.
2.1.4. If the Program Manager denies an extension request under this Section 2, the project sponsor
may appeal within ten business days of receiving the Program Manager's response to the Regional
Planning Committee.
2.1.5. Extension requests that are rejected by the Regional Planning Committee will result in
termination of the grant agreement and obligation by the project sponsor to return to SANDAG
any unexpended funds. Unexpended funds are funds for project costs not incurred prior to rejection
of the extension request by the Regional Planning Committee.
3. Project and Extensions Beyond One Year
3.1. Requests for extensions beyond one year or that will cause a project to miss a deadline in
Sections 1.1.1 or 1.1.2 (including those projects that were already granted extensions by the
SANDAG Program Manager and are again falling behind schedule) will be considered by the
Regional Planning Committee. The Regional Planning Committee will only grant an extension under
this Section 3 for extenuating conditions beyond the control of the project sponsor, defined as
follows:
3.1.1. Capital Grants
3.1.1.1. Environmental. An extension may be granted when, during the environmental review
process, the project sponsor discovers heretofore unknown sites (e.g., archeological, endangered
species) that require additional investigation and mitigation efforts. The project sponsor must
demonstrate that the discovery is new and unforeseen.
3.1.1.2. Right-of-Way. Extensions for delays necessary to complete right-of-way acquisition may be
granted only when right-of-way needs are identified that could not have been foreseen at the time
the grant agreement was signed.
3.1.1.3. Permitting. Delays associated with obtaining permits from external agencies may justify an
extension when the project sponsor can demonstrate that every effort has been made to obtain the
necessary permits and that the delay is wholly due to the permitting agency.
3.1.1.4. Construction Schedule. Extensions may be granted when unavoidable construction delays
create a conflict with restrictions on construction during certain times of the year (for instance, to
avoid nesting season for endangered species).
3.1.1.5. Litigation. Extensions may be granted when a lawsuit has been filed concerning the project
being funded.
3.1.1.6. Other. Extensions may be granted due to changes in federal/state policies or laws that can
be shown to directly affect the project schedule.
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3.1.2. Planning Grants
3.1.2.1. Changed Circumstances. An extension may be granted for a planning project when
circumstances not within the control of the grant recipient, such as an action by an outside agency,
require a change in the scope of work for the project.
3.2. The grant recipient shall make its request directly to the Regional Planning Committee,
providing a detailed justification for the requested extension, including a revised project schedule
and work plan, at least six weeks prior to the earliest project schedule milestone deadline, or
deadline in Sections 1.1.1 or 1.1.2, for which an extension is being requested.
3.3. Extension requests that are rejected by the Regional Planning Committee will result in
termination of the grant agreement and obligation by the project sponsor to return to SANDAG
any unexpended funds. Unexpended funds are funds for project costs not incurred prior to rejection
of-the extension request.
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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 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 and smart growth design standards.
4. Quarterly Reports: Grantee must submit quarterly reports to SANDAG, detailing
accomplishments in the quarter, anticipated progress next quarter, pending issues and actions
toward resolution, and status of budget and schedule.
5. Performance Monitoring: SANDAG staff may measure performance of the constructed capital
improvements against stated project objectives, and evaluate the overall SGIP. Grantee .is expected
to meet with SANDAG staff to identify relevant performance measures and data sources, and
provide available data and feedback regarding the program as appropriate.
Planning Grants
1. Contact Information. Grantee must provide SANDAG with contact information for the project
manager. Grantee must provide 5ANDAG 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. 5ANDAG staff may attend any meetings as appropriate.
3. Request for Proposals and Consultant Selection. Grantee must submit consultant Request
for Proposals to 5ANDAG staff for review and comment. Consultant proposals must also be
submitted to 5ANDAG 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.
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