HomeMy WebLinkAbout2010/04/13 Item 13
CITY COUNCIL
AGENDA STATEMENT
~~ CITY OF
-~ CHULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
APRIL 13, 2010 Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ENTERING INTO TWO AGREEMENTS
WITH THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS AND ACCEPTING GRANTS FROM THE
TRANSNET SMART GROWTH INCENTIVE PROGRAM
FOR FISCAL YEARS 2009-IO/~OIO-I 1
DEPUTY CITY MANAGE~VE~&tE PMENT SERVICES
DIRECTOR
DIRFCTOR OF P~WORK
CITY MANAGER
4/STHS VOTE: YES D NO ~
SUMMARY
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, SANDAG 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) implement phase one of a streetscape project along a segment of Third A venue Village
between H Street and Madronna Street; 2) build missing street improvements on Industrial
Boulevard between Palomar Street and Naples Street; and 3) prepare a specific plan for the
Palomar Gateway District (PGD). The agreement and resolution being presented to the City
Council is for the grant awarded by SANDAG to the City of Chula Vista for the
implementation of phase one of a streetscape project along Third A venue Village and for
construction of the missing street improvements on Industrial Boulevard between Palomar
Street and Naples Street. The agreement and resolution for the preparation of a specific plan
for the Palomar Gateway District was presented to and approved by City Council on January
12,2010.
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The attached Agreements establish the roles between the City and SANDAG for use of
these grant funds with regards to scope, scheduling, budgeting and procedure required
during the course of each project. The City of Chula Vista is required to enter into this
Agreement for this funding to occur.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed Third Avenue
improvements for consistency with the California Environmental Quality Act (CEQA)
and has determined that the project qualifies for a Class I categorical exemption pursuant
to Section 15301(c) Existing Facilities of the State CEQA Guidelines, because the project
involves improvements within an existing public street right-of-way. Thus, no further
environmental review is necessary. The proposed Third Avenue improvements were also
adequately covered in previously certified Environmental Impact Report EIR-06-01.
The Environmental Review Coordinator has reviewed the proposed Industrial Boulevard
improvements for consistency with the California Environmental Quality Act (CEQA)
and has determined that the project qualifies for a Class I categorical exemption pursuant
to Section 15301(c) Existing Facilities of the State CEQA Guidelines, because the project
involves improvements within an existing public street right-of-way. Thus, no further
environmental review is necessary.
RECOMMENDATION
That the City Council adopts the resolution.
BOARDS/COMMISSION RECOMMENDA nON
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
projects 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 thru 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 evaluate and score submitted proposals. A total
of 35 eligible projects were evaluated on SANDAG's criteria. The capital improvement
projects were reviewed on project setting, 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 used in the SANDAG
criteria for capital improvement projects. Planning projects were scored on smart growth
qualities and development potential of the project area, how well the project addressed
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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.
The following May 2009, three of the grant applications submitted by the City of Chula
Vista were successful in being awarded grant tUnding, including the Third Avenue
Streetscape Implementation Project and the Industrial Blvd. Bike Lane & Pedestrian
project. The Third Avenue Streetscape Implementation Project, a capital project, was
awarded the full request of $2,000,000. The Industrial Blvd. Bike Lane & Pedestrian
capital project was awarded a total of $283,900. Attachment 1 shows the location of the
grant sites awarded funding.
Third A venue Streetscape Implementation Proiect- Phase 1
The Third Avenue Streetscape Master Plan Improvements are located on Third Avenue
between H Street and Madronna Avenue within Chula Vista's older downtown core, the
Village. The improvements are all within the public right of way. The Urban Core
Specific Plan (UCSP) approved by Council in 2007 identified the downtown core as a
key demonstration project area and required the preparation of a streetscape master plan
for Third A venue. In May 2008, staff began the preparation of the streetscape master
plan by initiating public outreach efforts, focusing on needs assessments and developing
draft concepts, which ultimately were culminated in streetscape design options.
The Third Avenue Streetscape Implementation Project is a Capital project and
programmed in the City's Capital Improvement Program. The project includes the
preparation of construction documents, cost estimates, and Phase 1 construction of the
streetscape improvements identified in the Streetscape Master Plan. Phase 1 will begin at
H Street and culminating at Madronna Avenue. Due to the current economic situation it
is feasible that construction costs will be lower than estimated, in which case the limits of
Phase 1 could be extended to F Street.
Industrial Boulevard Bike Lane and Pedestrian Improvement Proiect
The Industrial Blvd. Bike Lane and Pedestrian Improvement project is a capital project
and is located on Industrial Blvd. from Naples Street to Palomar Street. The
improvements of this project include sidewalk and bicycle lanes on Industrial Blvd.
These improvements will provide a bicycle and pedestrian link needed between
Harborside School and the existing mobile home park at Naples Street and the Trolley
Station and commercial facilities at Palomar Street. This capital project will include
construction of bike lanes on both sides of Industrial Boulevard and a sidewalk on the
east side ofIndustrial Blvd.
The Agreements
The Grant Agreements are between SANDAG and the City of Chula Vista and are binding
on both parties (Attachment 2). Noted provisions included in the Agreements are the
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approved project budget, which includes specific tasks covered and the estimated cost of
each task, project description/scope of work. Also included in the Grant Agreement, as
Attachment D, and of significant importance are the procedures set forth in the "Use It or
Loose It" Policy. This policy establishes project delivery objectives and creates
accountability with 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 infonnation, quarterly reporting
obligations, and coordination procedures for consultant selection and advance noticing
requirements for all stakeholder and community meetings.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict; in
that Council Member Casteneda has property holdings within 500 feet of the boundary of
the property that is in the Third Avenue Streetscape Implementation Project of this
action.
CURRENT YEAR FISCAL IMP ACT
There are no impacts to the General Fund for this action. Any funds identified as
matching funds in the grant applications have already been budgeted for through the
adoption of the Operating and Capital Improvement Budget for FY-2009/2010 per
Resolution 2009-133. The total estimated funding for the Third Avenue Streetscape
Implementation Project is $3,570,000 with $2,000,000 from the Smart Growth Incentive
Program, $500,000 from CDBG, $270,000 from SafeTea-Lu and $800,000 from
Towncenter I, 2008 Tax Allocation Bonds. The total estimated cost of the Industrial
Blvd. Pedestrian Improvement Project is $429,200 with $283,900 funded from the Smart
Growth Incentive Program and $145,300 from TransNet funds.
ONGOING FISCAL IMPACT
The Third Avenue Business Association will provide the on-going management,
maintenance and oversight of all landscape improvements for the Third Avenue
Streetscape Implementation Project. No fiscal impacts to the General Fund will result
from these improvements. The Industrial Boulevard Pedestrian Improvements will not
burden or tax the General Fund.
ATTACHMENTS
1. Locator Map
2. SANDAG Agreements, Third Avenue & Industrial Boulevard
Prepared by: Garry Williams, Development Services Department, Beth Chopp, Engineering Department.
H: IPLANNING\SANDAGSMARTGROWTH\aI13 agreement Council Report\SGIP agreement aJ lJdoc
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County of
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City of Chula Vista
SANDAG Agreement, Vicinity Map Project Locations
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: q. -;;. /0
TRANSNET SMART GROWTH INCENTIVE PROGRAM
FISCAL YEAR
GRANT AGREEMET NUMBER 5001357
BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND
THE CITY OF CHULA VISTA
REGARDING THIRD AVENUE STREETSCAPE
IMPLEMENT A TON PROJECT (T ASIP)
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TransNet SMART GROWTH INCENTIVE PROGRAM FISCAL YEAR 2010
GRANT AGREEMENT NUMBER !j001357 BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND
CITY OF CHULA VISTA
REGARDING
THIRD AVENUE STREETSCAPE IMPLEMENTATION PROJECT (TASIP)
THIS GRANT AGREEMENT NUMBER 5001357 ("Agreement") is made this _ day of March,
2010, by and between the San Diego Association of Governments (hereinafter referred to as
"SANDAG"), 401 B Street, Suite 800, San Diego, CA, and the City of Chula Vista (hereinafter referred
to as "Grantee").
The following recitals are a substantive part of this Agreement:
RECITALS
A. In November 2004 the voters of San Diego County approved SANDAG Ordinance 04-01,
which extended the TransNet Y,-cent sales and use tax through 2048 (Extension Ordinance).
B. The Extension Ordinance contains provisions for 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 capitai
improvement and pianning projects meeting certain criteria.
D. Grantee successfully applied for SGIP funds for the following project: Third Avenue
Streetscape Implementation Project (TASiP) (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.
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
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Grantee Name: City of Chula Vista
Grant No.: 5001357
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 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 scope of work, and
schedule is attached hereto as Attachment A.
E. Extension Ordinance Assistance. Funding from the TransNet Extension Ordinance for the
SGIP.
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 35 percent or $1,070,000 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 65 percent or $2,000,000, 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).
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
$2,000,000 or 65 percent of the approved Project budget, whichever is the lesser of these
two a mou nts.
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Grantee Name: City of Chula Vista
Grant No.: 5001357
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 shali 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 fuliy 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. 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
ali applicable laws, regulations, and policies pertaining to the Project and the
Grantee, including but not limited to the Extension Ordinance.
4. Project Schedule. The Grantee agrees to complete the Project according to the
Project schedule attached hereto as 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 ICE (e.g., a construction cost estimate) prior to soliciting proposals,
publiciy 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.
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Grantee Name: City of Chula Vista
Grant No.: 5001357
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 should 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 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.
c. Grantee's Responsibility to Extend Agreement Requirements to Other Entities
1. Entities Affected. If an entity other than the Grantee is expected to fulfill any
responsibiiities typically performed by the Grantee, the Grantee agrees to assure
that the entity carries out the Grantee's responsibilities as set forth in this
Agreement.
2. Documents Affected. The applicability provisions of laws, regulations, and policies
determine the extent to which those provisions affect an entity (such as a
subgrantee) participating in the Project through the Grantee. Thus, the Grantee
agrees to use a written document to ensure that each entity participating in the
Project complies with applicable laws, regulations, and policies.
a. 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.
b. 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.
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,
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Grantee Name: City of Chula Vista
Grant No.: 5001357
lessee, third-party contractor, or other person or entity that is not a party to the Agreement
for the Project. Notwithstanding that 5ANDAG 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. 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. The Grantee also agrees to notify
SANDAG immediately, in writing, of any current or prospective major dispute, breach,
default, or litigation that may adversely affect SANDAG's interests in the Project and agrees
to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any
reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG
required by this subsection to SANDAG's Office of General Counsel. Grantee further agrees
to utilize the procedures set forth in the Use-It-or-Lose-It policy attached hereto as
Attachment B if it anticipates a delay in performance.
F. 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, 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 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.
Section 3. Ethics
A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a
written code of conduct or standards of conduct that shall govern the actions of its officers,
employees, councilor board members, or agents engaged in the award or administration of
subagreements, leases, or third-party contracts supported with TransNet Ordinance
assistance. The Grantee agrees that its code of conduct or standards of conduct shall specify
that its officers, employees, councilor 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. The Grantee may set de minimis rules where the financial interest is not substantial
or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code
of conduct or standards of conduct also shall prohibit its officers, employees, councilor
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
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Grantee Name: City of Chula Vista
Grant No.: 5001357
violations by its officers, employees, councilor 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, 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. The Grantee agrees that its code of conduct
or standards of conduct shall include procedures for identifying and preventing real
and apparent organizational conflicts of interest. An organizational conflict of
interest exists when the nature of the work to be performed under a proposed
third-party contract or subagreement may, without some restrictions on future
activities, result in an unfair competitive advantage to the third-party contractor or
subgrantee or impair its objectivity in performing the contract work.
B. SANDAG Code of Conduct. SANDAG has established policies concerning potential
conflicts of interest. These policies apply to Grantee. For 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 twelve [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 also is prohibited
from soliciting or accepting gratuities from any organization seeking funding from
SANDAG. SANDAG's officers, employees, agents, and councilor board members shall not
solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants,
potential consultants, or parties to subagreements. By signing this Agreement, Grantee
affirms that it has no knowledge of an ethical violation by SANDAG staff or Grantee. If
Grantee has any reason to believe a conflict of interest exists with regard to the Agreement
or the Project, it should notify the SANDAG Office of General Counsel immediately.
C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay,
any bonus or commission to obtain approval of its Extension Ordinance assistance
application for the Project.
D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that
by executing the Agreement for the Project. the Grantee certifies or affirms the truthfulness
and accuracy of each statement it has made, it makes, or it may make in connection with
the Project.
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Grantee Name: City of Chula Vista
Grant No.: 5001357
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-aliocation 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,
reguiations, and policies. Prior SANDAG approval is required for transfers of funds between
approved Project budget categories; approvai will not be unreasonably withheld.
Section S. Payments
A. Funding Commitment. The Grantee agrees that SANDAG's maximum commitment for
Project costs will not exceed the maximum SANDAG contribution of $2,000,000. The
responsibility of SANDAG to make payments under this Agreement is limited to the
amounts listed in the approved Project budget for the Project. Within thirty (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-It-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. On a quarterly basis, SANDAG shall pay, Grantee following receipt
. and approval of both 1) an invoice accompanied by documentation of expenses, including
the matching funds portion, if applicable, incurred on the Project, and 2) a quarterly report
describing progress toward completion on tasks outlined in the Scope of Work.. Sample
invoice and quarterly report forms are attached hereto as Attachment D. Upon receiving a
request for payment and adequate supporting information, SANDAG will make payment for
eligible amounts to Grantee within thirty (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 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. 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. The 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:
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Grantee Name: City of Chuia Vista
Grant No.: 5001357
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, as evidenced by the Grantee's ICE 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 5ANDAG,
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.
9. Expended allowable indirect costs, including overhead, only if the Grantee has an
approved indirect cost allocation pian and prior written approval has been obtained
from SANDAG.
D. Excluded Costs. In determining the amount of Extension Ordinance assistance SANDAG
will provide for the Project, SANDAG will exclud.e:
1. Any Project cost incurred by the Grantee before the effective date of the Agreement
or Amendment thereto;
2. Any cost that is not included in the latest approved Project budget;
3. 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;
4. Any cost ineligible for SANDAG participation as provided by applicable laws,
regulations, or policies.
The Grantee understands and agrees that payment to the Grantee for any Project cost does
not constitute a final decision by SANDAG 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. The Grantee acknowledges that
SANDAG will not make a final determination about the allowability and eligibility of any
8
13-14
Grantee Name: City of Chula Vista
Grant No.: 5001357
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, statifig 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, or other similar transactions, nor will Project closeout
alter the right by SANDAG 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. The 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 and/or 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/amount of SANDAG participation based on the invoiced amount.
G. Reduction of Matching Funds. The 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 ratio or percentage of SANDAG participation.
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 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 ali 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.
9
13-15
Grantee Name: City of Chula Vista
Grant No.: 5001357
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 (3) years thereafter from
the date of transmission of the final expenditure report, the Grantee agrees to maintain
(intact and readiiy accessible) all data, documents, reports, records, contracts, and
supporting materials relating to the Project as SANDAG may require.
D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and
require its subgrantees to permit, SANDAG or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data and to audit the books.
records. and accounts of the Grantee and its subgrantees pertaining to the Project.
E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
F. Quarterly Reports. 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 ITOC. Grantee may be
required to attend meetings of SANDAG staff and committees, including the ITOC, 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, the Grantee agrees to submit a final certification of Project
expenses and final reports, as applicable.
B. Project Closeout. Project closeout occurs when SANDAG notifies the 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. 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.
All payments made to the Grantee shall be subject to review for compliance by SANDAG
10
13-16
Grantee Name: City of Chula Vista
Grant No.: 5001357
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.
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 (5) 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, the 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-It-or-Lose-It policy requirements.
C, Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any
part of the Extension Ordinance assistance to be provided for the Project if the 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 the Grantee before the termination date to the extent
those obligations cannot be canceled. If, however, SANDAG determines that the 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
the 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
11
13-17
Grantee Name: City of Chula Vista
Grant No.: 5001357
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).
F. 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 SAN DAG 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 shail 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
twenty (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 ten (10) days from the postmark date of
the reply from SANDAG. The Executive Director will respond to the request for
reconsideration within ten (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
resoiution 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
13-18
Grantee Name: City of Chu]a Vista
Grant No.: 5001357
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 without the written
consent of SANDAG, which may be withheld for any r"ason, 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
The Grantee has assigned' Garry Williams 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
twelve (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," naming SANDAG as an additional insured. 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. The policy must include an acceptable "Waiver of
Right to Recover From Others Endorsement," naming SANDAG as an additional insured.
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,"
13
13-19
Grantee Name: City of Chula Vista
Grant No.: 5001357
or
2. A LIoyds of London program provided by syndicates of LIoyds 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.
E. 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, council or 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 officers which arise from or are connected with or are caused or claimed to
be caused by the negligent. reckless, or willful acts or omissions of the Grantee and its subgrantees
and their agents, officers, or employees, in performing the work or services herein, and all expenses
of investigating and defending against same, including attorney fees and costs, provided, however,
that the Grantee's duty to indemnify and hold harmless shall not include any claims or liability
arising from the established sole negligence or willful misconduct of SANDAG, its agents, officers, or
employees.
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.
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,
14
13-20
Grantee Name: City of (hula Vista
Grant No.: 5001357
Section 17. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or
delivered by depositing the same in any United States Post Office, registered or certified, postage
prepaid, addressed to: '
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Attn: Smart Growth Incentive Program Manager
Grantee:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Garry Williams
and shall be effective upon receipt thereof.
Section 18. Signatures
The individuals executing this Agreement represent and warrant that they have the legal capacity
and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above.
SAN DIEGO ASSOCIATION
OF GOVERNMENTS
CITY OF CHULA VISTA
~~
~~.\
/GAII'( HAL ERT
Deputy Ci Manager/Development Services
Director
Lf\.. GARY L. GALLEGOS
1r Executive Director
APPROVED AS TO SUFFICIENCY OF FORM
AND LEGALITY:
GRANTEE TAX I.D.:
(~d- aUtUry
BART MIESFELD
, City Attorney
15
1 3- 21
Grantee Name: City of ChuJa Vista
Grant No.: 5001357
ATTACHMENT A
APPROVED PROJECT BUDGET, SCOPE OF WORK, AND PROJECT SCHEDULE
r
CAPITAL PROJECT
SMART GROWTH INCENTIVE PROGRAM PROJECT BUDGET, SCOPE OF WORK, & SCHEDULE
Junsdic!ion Chu~VistJ
Prol'd: Third Avenu, SIre,IsCiJp' I""l,meolation Pro;ecr \TASIP!
Pro!,,! Loc.mon: DO"imto'lm Th",j Ave. be""en Ceoter Sire,! and H SITeelwi~in ~e Urban Core Specie P~n area ome Ci~ of Chula Vista
Projecl Dtscription (including location .md limits):
This project will create traffic calming measures such as pedestrian street crossings and bUlbouts, and er:hance the
sireetscape ~rough n~'1 median landscapmg, street trws, lighbng, furnishings and CO[ffiunny !l'tewoy fuatlJfes. Additionally,
improvements v,~ be made 10 'xponded bicycle parking, relocated b-anslslDps, "". tID,t sheliers, "d communi~
gathering spaces such as the public ~aza at Memoria! pzu'(lThird Avenue. AI! TAS!P improvements wiG be co,1sistert '\vith the
concepts and "firemenls illusITated in ~e Third Avenue Slreetscape Master Pi<m (TASMP) and I~. Ci~ of Chula Visla
component of~e UiWn Core Specific Plan iUCSP).
Contr:!ct Number. ~01357
In addition lo~' fclkiwiOJ. indud,,;1 detailed Scope of Wo~ milestones Ihat ,/ou may have already submited 10 us.
Indude plan review iniertals re..,11Jired for projed oversight as deJiverables. {30iOO/90i"IOO)
i [C,mpf'limj 5--l'1JAG i>futcbin!Fund'l Ibtching jMatchingFunds! ! : TOTAL
I rosk De!irerabl~ StutDate I %
I i D'f. i Funds iAllocaOonBondsi FUDdsTraD~ SAFIITA.LU , I
IExecuteConlract iRJrlllroProced I Mar.lOi i , I
j . ~,
IPfSillrl!l1af'(~nglneenng.do?S19nJnd i I UIO! , 5215.000001 I
!SUf';~1 i MGf-10i 5324,553DO: $0.001 $0.00 SJ.DO ! S;:,Q,553.00
3G%fI'J~ie'll i Mm.IOI Mm.IOI I I I ,
J6!)%re~tew I \p-IOI ;.~IO! , , !
i
i90%r!!view I May-IO! May.tOi I i I
!1GO%re<.-lew , JlJJ.10i JuJ.101 ! , I ,
!Ad-iertiseforccnstmcticn ~~W Au~101 SO.OO: SO.CtD! SO.OJ IIJ.OO' SO.OO SD.OO , SO.CO
!A'fIarnWfltract , A,~lOi A"~101 $Q.C1J! ie.OOI SO.OJ wool $0.00. 10.GOI . 5000
'8et!mC!ll\structicn , SeD-1O! I SQ,CiJ! $0,00: SO.OO SO.OOi iii 001 SIJ.IJI , SO.CO
I i I , , I I I
iRemo'lrn3nd dispasaj Qfexisnr.g oct.,ol i , ! I
improvements. eXC3'1Jton, gr..ding. ! i i !oooi
~ggreg;:~base Sw-IOI 543,75'001 $23,561.001 50.00 SiJOO! $67.312.001
Siormdrai.nmm:lfkauoos , atl-IO: Nc~-10! sro,:J44.COi $7,c-94,OOi S30,037.CiJ SiJOOI 50.001 1103.]75001
Sewef Mcd:ficaoons OtlclO! NoclOl S13,i9IJ.001 SI0.172001 $0.00 so.oof ,0001 S29.062.QQ!
,Ub,~R.oca"," Oct.IO; Nov-IO! S1}~O! $0.001 \000 ! se.oo SO.CD!
IStr;etfight!ns!a!Jti~flciuding i 0".,01 ; , sui I ssmlDol
,
tr~acement3ndrl?0t3bl1 Nov.1Oi m,537.00! $0.00: $2O,2-13.1)J SC.OO
!TrafficSfgnalmodifiwlicrtS Nc'I-Wi D,,-IOI I S12,'!81.COi 54,75000 j ! SO.OO $48,375.001
, 531,44.001 ,
16
13-22
Grantee Name: City of Chula Vista
Grant No.: 5001357
I
jP.c.c. curb, gutter, sidewa!k, cr~- !
Igutters,rrediancurnandgurter.
drjc,~{J'is;mdpede5IriJnr.Jmp5
JOerorJti'ie 03Yerne!1t ~nd sidewalk
I .
Dsc-IQi
I
I
I
Fob-II,
I
I
I
I
I
I
S1%,931.00!
I
I
I
I
SI02)7lCO!
I
I
I
,
$O.i!J!
I
socol
I
I
!
I
i
I
51B2,2f2.00\
I
nslailaticn Fob-II! A~.II $403,62100, S220,027COI $Q,(JJi , I SO.GO! 562B,65O.00;
I I 1S51,5B1CiJ! 1297,G0m! I i I I I i
I l,or.11 , I SCGol
LandsCd.ping, planting andlrri9atiorr Fob-II; so 001 I S8,noo'
.:~
A5Dh..1~toncrete pavement , I !".II; May-11i SI8,405,CO! 19,111UO! $O,OO! ! ! SC.GC! I 52S.316.00j
Ipavement stri~nq and mar;\iflg , JUn-l1! I TOnO! , I i i !
, I ,
,
!fldudingpJrkmgstripe5, M;;y.I1! S3t,695.00i 50.\iJ: I SCGOi UU61.00!
, );i1},j I ,
Trame signs installawn, I , , I sc.Gol , i
Ju~lI! i I
, , S2,e.g7.00! I sa.250001
feplacement,r.e!ow~on , Moy.II' $5,353.COi $O.oO! I
16'J'Sh"~' , , Jul.I,! I IT '01 i , SO_DQi ! 122.500001
, j,~11: SH,625.COi 1."::1.1.', ICOO! I
~ .., ,J i leGal
IStDrmWateiCD1TJpHance I I $5250.001 , S15,CGQ.OOj
, s.,.1Qi UII S9,75/J,COi SO.I)J! ]
TrafficCootml i 1.,.10' Jul.1I 129,2SJOol 515,750.CO! so.ao! : 5O.cm S45.CCQ.OO~
'Pr-ojectwrr,p~tQn , Jul.1I lo.aul sam! $0.001 i i so Gal I 50.001
,
IConmgenc:es,EM. I i 9214,15000' sca,l4gco! , I I I j $282,305.001
I i Total S2.00Q,DOO.OD! saoo,CGiI.ec! 155,CGCCG $115.000.001 ,JJJI SO_DOl I S3.07Q,O:M~
Capital Project Revenues
Source FY2010 FY2011 FY 2012 Total
TransNetSGIP 5324.:63.00 $t675,W.GD $2,o-:Ja,coca~
Local (spe<rtysourcel:2Cts
ChulaVistaRe-developmef1t
Agency lax Allocation Bond ; .1 MG,OI)i} 5 610,oca
Local (specifysoun:ej:Ciyol
Chu~ ~sla T IdnspoffiJlion DIF s ' ! 55.000 5 55.00:]
f,deraf(spedfy
sourcej:SAfETEA-LU GrJIIl 1 2t5.DOO S 215,{)C-o
0101 1 539.553 ! 2.530.4.:7 S ,5 1J70,OOO
17
13-23
Grantee Name: City of Chula Vista
Grant No.: 5001357
ATTACHMENT B
USE-IT -OR-LOSE-IT POLICY
1. Project Milestone and Completion Deadlines
1.1. This policy applies to ail Smart Growth Incentive Program (SGIP) grant funds, whether
from TransNet or another source. By signing a grant agreement for the SGIP, grant
recipients agree to the foil owing 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 (2) years following execution of the grant agreement, and construction
must be completed within eighteen (18) 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 (1) year foilowing execution of the grant agreement, and the
planning project must be complete within two (2) years following award of the
consultant contract. Failure to meet the above deadlines may result in revocation
of ail 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 cail for projects.
2. Project Delays and Extensions of up to One (1) Year
2.1. Grant recipients may receive extensions on their project schedules of up to one (1) year for
good cause. Extensions of up to twelve (12) 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 SGIP. Extensions beyond twelve (12) 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 foil owing conditions must be met:
2.1.1. For extension requests of up to six (6) months the grant recipient must request the
extension in writing to the SANDAG program manager at least two (2) 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 (6) months, but less than twelve (12) months aggregate, the
grant recipient must request an extension in writing to the SANDAG program
18
13-24
Grantee Name: City of Chula Vista
Grant No.: 5001357
manager at least six (6) weeks prior to the earliest project schedule milestone
deadline for which an extension is being requested.
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
timeframe.
2.1.4. If the program manager denies an extension request under this Section 2, the
project sponsor may appeai within ten (10) 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 (1) Year
3.1. Requests for extensions beyond one (1) 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).
19
13-25
Grantee Name: City of Chu!a Vista
Grant No.: 5001357
3.1.1.5. Litigation. Extensions may be granted when a lawsuit has been fiied 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.
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 (6) 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,
20
13-26
Grantee Name: City of Chula Vista
Grant No.: 5001357
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 [2] 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 (30%), 60 percent (60%),90 percent (90%), and 100 percent (100%).
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
gccomplishments 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 Smart
Growth Incentive Program. 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 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 [2] weeks) and agendas of all stakeholder and community
meetings and a meeting summary following the meeting. SANDAG staff may attend any
meetings as appropriate.
21
13-27
Grantee Name: City of Chula Vista
Grant No.: 5001357
3. Request for Proposals and Consultant Selection. Grantee must submit consuitant
request for proposals to SANDAG staff for review and comment. Consultant proposais must
also be submitted to SANDAG for review and comment prior to consultant selection.
4. Quarterly Reports. Grantee must submit qlJ<lrterly reports to SANDAG, detaiiing
accomplishments in the quarter, anticipated progress next quarter, pending issues and actions
toward resolution, and status of budget and schedule.
22
13-28
Grantee Name: City of Chula Vista
Grant No.: 5001357
ATTACHMENT D
SAMPLE INVOICE AND QUARTERL V REPORT
~
(.0)
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23
Grantee Name: City of Chula Vista
Grant No.: 5001357
Invoice Part 1 of 3
TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE
To: CHRISTINE EARY
gANOAG
401 B S!met, Suite aDO
San Diego. CA 92101-4231
ProJ.ct Nome: ME OF GRANT
Contract Number: 1f.ittt~..,,;~.;
From; NAME
ORGANIZATION
AODREgS
Grant Invoice Number:
Billing Period:
Inv'oice Date:
#
FROM
DATE
TO
~
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. . 'r!!ll~~I{~':!i!lRfd'!!~I,~, ," "R~Nit:B05GET '.~'~Ci$T$1<ii:!" Ik",.,.,.",,,,,,.,,,;,;:.;,,;;,.~t"-""''';'''^CJ;,*;_",i
. /', :p " 0~E(iiJr"fj\;S '"iii!~lIi"';"''''' ;;}~J~GR~N:rr"!G~!: :!!CbS!TS":, j\-i': :" ;.- '. - - T,'t~:~, :!.t,'~"'1'O"DATE,,,,':," ~:,'~B.AD\NCEr'i~:~: ':rfIN'VOIGEi:/
'I Description of Task $ . $ - $ . $ - $ - $ - $ -
2 Description of Task $ - $ - $ - $ - $ - $ - $ -
3 Description of Task $ - $ - $ - $ - $ - $ - $ -
4 Oeseription of Task $ - $ - $ - $ - $ - $ - $ -
5 Description of Task $ - $ - $ - $ - $ - $ - $ -
6 Description of Task $ - $ - $ - $ - $ - $ - $ -
7 Oes-criptloll of Task $ - $ - $ $ - $ - S - $ -
8 De5cription of Task $ - $ - $ - $ - $ - $ - $ -
9 Description of Task $ - S - $ - $ - $ - $ - $ -
Des-criiJtioll of Task $ - $ - $ - $ $ - S - $ -
ITotal: $ - $ . S - $ - S - $ - $ -
(.0)
I
(.0)
o
Total Current Expenditures: $
T olal Amount Due this In....-oice: $
CERTIFICATIOf, OF GRANTEE
I hereby certify that the abo'io'e costs were incurred in performance of (he work required under the grant and are consJstent '.\lith the amoun!s evidenced by
attached 5upporting documents and f!:;.:penditures
Signature
Printed Naill€- and Title
Date
24
Grantee Name: City of Chula Vista
Grant No.: 5001357
Invoice Part 2 of 3
Grantee:
Project:
Contract #:
~
I Invoice #'1 lIy.,iolce #2 Invoice #3 IWOICS #4
J Uats ojlnIJolce Uats or [nvmcH Date oj [nvmce . Uale 01 Invoice
Dates of Work Complet Dates of 'Nark Completed Dates, of Work Comp1etecl Dales of Work Conmleted H1€ l.su tolal
~ :1 IMaten !"ANUAtj l\'latcn " Mate "ANUAb ,~atcn "ANUAIj ".'lakn
ask 1 - $ - is - :;; - 1$ - '> - S - - ~ ~ -
Task 2 - - I~ - '" - - - . - - $ - $ -
Task 3 - - > - ~ - - - . - - $ - $ -
Task 4 - - $ - S - - - ~ - - $ - $ -
Task 5 - ~ - - - :;; - :;; - - $ - $ -
Task 6 - . - - - - ~ - . - - $ $ -
Task 7 - . - - - - '> - - - $ - $ -
Task 8 - S - - - $ - - - - $ - $ -
Task 9 - $ - - - - - - - $ - $ -
Task 10 - . - - - - - $ $ -
Iota - . - - - - - . - $ $ -
w
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InVOice #t. IIwolce #ti InvoIce HI
Uate 01 IrwOIce Uate 01 Invoice Uate at Irwolce
lIna .1 uutota Dates of Work Completed Dates of Work Completed Oates of Work Comoleted ty j
" '~ atcn S l\;'latcn :"ANUAtj l'>'1atcn ~. Maten IMNUAG ~"'latc
Itaskl I:;' - '> - :;; - :;, - I:;' - ~ - . - :;, - ,:;, - '> -
Task 2 $ - $ - ~ - ~ - '''' - . - :;; - $ - $ - $ -
Task 3 I~ - ~ - ~ - ~ - I~ - '" - '" - '" - $ - $ -
Task 4 $ - $ - . - . - 1$ - ~ - ~ - ~ - $ - $ -
Task 5 I'" - '" ~ - ~ - '" - :;, - $ - :;; - $ - $ -
Task 6 :> - s - ~ - " - ~ - . - . - :;, - $ - $ -
Task 7 I~ - ~ - . - ~ - ~ - . - . - ~ - :> - $ -
Task 8 $ - $ - 0 - :;; - '> - . ~ - ~ - $ $ -
Task 9 I'" - . - ~ - '" - ~ - . - :;; - .~ - $ - $ -
Task 10 $ - $ $ - $ - $ - $ - $ - :> - $ - $ -
Total $ - $ - $ - :> - $ - $ - ~ - :> - $ - $ -
.
"
25
Grantee Name: City of Chula Vista
Grant No.: 5001357
SUMMARY
~
B ud~"led Remaining
SANDAG Match SANDAG Match
Task I ;; - $ - $ - ;; -
Task 2 $ - $ , $ - ;; ,
Task 3 '" - ~ - I~ - 1'1> -
Task 4 $ - $ - ;; - ;; -
Task 5 ;; - ;; - ;; , ;; -
Task 6 ;; - ;; - $ , $ -
Task 7 ;; - $ ;; - ;; ,
Task 8 ;; - ;; - ;; - ;; -
Task 9 ;; - ;; - ;; - $ -
Task 10 ;; - ;; - $ - ;; ,
Total ;; - ;; " ;; , ;; -
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26
Grantee Name:
Grant No.:
Invoice Part 3 of 3 and Quarterly Report Form
INVOICE AND PROGRESS-REPORT
Project Manager Ncm~
Agency
Address-
Tel-ephon~
Contract #:
Invoke Dat~:
Invoice-#-:
Invoice Period: (from) (b)}
De~c:riptio'n of Adivityfor Invoic.e Period
Ta.k 1
1. Work Accomplished this Invoice Period
Add description
2. Work Anticip.ated for Next Invoice Period
Add deseri phon
3. Challenges o'r Problems Experienced and Actions Towa,rd Resolution
Add description
T.ask 2
1. Work Accomplished this Invoice Period
Add d",cription
2. Work Antkip.ated for Next Invoice Period
Add description
3. Challenges or Problems Experienced and Adions Tow;lrrd Resolution
Add description
Summary of Progress
T..zk Scheduled Scheduled Completed Start Next Complete
Start Date Completion Tbis. Invoice Invoice Next
Date Period? Peri-od'? I:nvoke
(mark x) [mark x) P'eriod?
[mark x)
Task 1
Task 2
Task 3
27
13-33
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: q, :; / [)
TRANSNET SMART GROWTH INCENTIVE PROGRAM AGREEMENT
,
FISCAL YAER 2010
GRANT AGREEMENT NUMBER 5001356
BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND
THE CITY OF CHULA VISTA
REGARDING INDUSTRIAL BLVD. BIKE LANE AND
PEDESTRIAN IMPROVEMENTS
13-34
TransNetSMART GROWTH INCENTIVE PROGRAM FISCAL YEAR 2010
GRANT AGREEMENT NUMBER ~001356 BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND
CITY OF CHULA VISTA
REGARDING INDUSTRIAL BOULEVARD
BIKE LANE AND PEDESTRIAN IMPROVEMENTS
This Grant Agreement Number 5001356 ("Agreement") is made this _ day of March 2010, by
and between the San Diego Association of Governments (hereinafter referred to as "SANDAG"),
401 B Street, Suite 800, San Diego, California, 92101, and The City of Chula Vista, 276 Fourth Avenue,
Chula Vista, CA 91910, (hereinafter referred to as "Grantee").
The following recitals are a substantive part of this Agreement:
A In November 2004 the voters of San Diego County approved SANDAG Ordinance 04-01, which
extended the TransNet 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: Industrial Blvd. Bike Lane
and Pedestrian Improvements (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.
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.
13-35
City of Chula Vista
Grant Number:5001356
Industrial Boulevard Bike Lane/Pedestrian Improvements
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 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, scope of work, and schedule is attached
hereto as Attachment A.
E. Extension Ordinance Assistance. Funding from the TransNet Extension Ordinance for the
SGIP.
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 34 percent or $145,300 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 66 percent or
$283,900, 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). 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 $283,900 or 66 percent 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.
2
13-36
City of Chula Vista
Grant Number:5001356
Industrial Boulevard Bike lane/Pedestrian Improvements
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. The Grantee agrees to maintain or acquire sufficient legal, financial,
technical, and managerial capacity to: (a) plan, manage, and complete the Project and
provide for the use of any Project property; (b) carry out the safety and security aspects
of the Project, and (c) comply with the terms of the Agreement and all applicable laws,
regulations, and policies pertaining to the Project and the Grantee, including, but not
limited to, the Extension Ordinance.
4. Project Schedule. The Grantee agrees to complete the Project according to the Project
schedule attached hereto as 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.
Additionaliy, 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 constnuction services funded under
this Agreement, Grantee shall: prepare an ICE (e.g., a construction cost estimate) prior to
soliciting proposals, 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 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 should know that
substantive changes in the project justification have occurred or will occur, Grantee wiil
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
3
13-37
City of Chula Vista
Grant Number:5001356
Industrial Boulevard Bike lane/Pedestrian Improvements
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 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.
C. Grantee's Responsibility to Extend Agreement Requirements to Other Entities
1. Entities Affected. If an entity other than the Grantee is expected to fulfill any
responsibilities typically performed by the Grantee, the Grantee agrees to assure that the
entity carries out the Grantee's responsibilities as set forth in this Agreement.
2. Documents Affected. The applicability provisions of laws, regulations, and policies
determine the extent to which those provisions affect an entity (such as a subgrantee)
participating in the Project through the Grantee. Thus, the Grantee agrees to use a
written document to ensure that each entity participating in the Project complies with
applicable laws, regulations, and policies.
a. 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.
b. 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 .
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. 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. 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
4
13-38
City of Chula Vista
Grant Number:5001356
Industrial Boulevard Bike Lane/Pedestrian Improvements
#
F. 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, 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 the
Grantee of responsibility for complying with all laws, codes, industry standards, and liabiiity for
damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or
the willful misconduct of the Grantee or its subgrantees.
Section 3. Ethics
A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a written
code of conduct or standards of conduct that shall govern the actions of its officers, empioyees,
council or board members, or agents engaged in the award or administration of subagreements,
leases, or third-party contracts supported with TransNet Ordinance assistance. The Grantee
agrees that its code of conduct or standards of conduct shail specify that its officers, employees,
councilor 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. The Grantee may set de minimis rules where the financiai interest is not
substantial or the gift is an unsoiicited item of nominal intrinsic value. The Grantee agrees that its
code of conduct or standards of conduct also shall prohibit its officers, employees, councilor
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 personai gain. As permitted by state
or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct
shall include penalties, sanctions, or other disciplinary actions for violations by its officers,
employees, councii or 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, officers, councii or 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 empioys or intends to employ, any of the
parties listed herein has a financial interest in the firm selected for award.
2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or
standards of conduct shall include procedures for identifying and preventing real and
apparent organizational conflicts of interest. An organizational conflict of interest exists
when the nature of the work to be performed under a proposed third-party contract or
5
13-39
City of Chula Vista
Grant Number:5001356
Industrial Boulevard Bike Lane/Pedestrian Improvements
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 establisned policies concerning potential confiicts of
interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might
result in uniawfui activity are prohibited, inciuding, 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 ciose personal relationship, family reiationship, or past
(within the last twelve [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 also are prohibited from soliciting or accepting gratuities from any organization seeking
funding from SANDAG. SANDAG's officers, employees, agents, and council or 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 confiict of interest exists with regard to the Agreement or the Project, it should
notify the SANDAG Office of General Counsel immediately.
C. Bonus or Commission. The Grantee affinms 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. The Grantee acknowledges and agrees that by
executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and
. accuracy of each statement it has made, it makes, or it may make In connection with the Project.
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 approvai
is required for transfers of funds between approved Project budget categories; approval will not be
unreasonably withheld.
Section 5. Payments
A. Funding Commitment. The Grantee agrees that SANDAG's maximum commitment for Project
costs will not exceed the maximum SANDAG contribution of $283,900. The responsibility of
SANDAG to make payments under this Agreement is limited to the amounts listed in the
approved Project budget for the Project. Within thirty (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 It or Lose It policy (Attachment B), disallowed costs, or
6
13-40
City of Chula Vista
Grant Number5001356
Industrial Boulevard Bike lane/Pedestrian Improvements
funds recovered from third parties or elsewhere, the Grantee agrees to remit the owed amounts
to SANDAG, including applicable interest, penaities, and administrative charges.
B. Payment by SANDAG. SANDAG shall pay Grantee on a quarterly basis, following receipt and
approval of both an invoice accompanied by documentation of expenses, inciuding the matching
portion, if applicable, incurred on the Project, as well as a quarterly report describing progress on
tasks the in scope of work. Sample invoice and quarterly report forms are attached hereto as
Attachment D. Upon receiving a request for payment and adequate supporting information,
SANDAG will make payment for eiigible amounts to Grantee within thirty (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 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. 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. The 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,
3. Reasonable for the goods or services purchased, as evidenced by the Grantee's ICE 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, exciuding 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.
7
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City of Chula Vista
Grant Number:5001356
Industrial Boulevard Bike lane/Pedestrian Improvements
9. Expended allowable indirect costs, including overhead, only if the Grantee has an
approved indirect cost allocation plan and prior written approval has been obtained from
SANDAG.
D. Excluded Costs. In determining the amount of Exfension Ordinance assistance SANDAG will
provide for the Project, SANDAG will exclude:
1. Any Project cost incurred by the Grantee before the effective date of the Agreement or
Amendment thereto;
2. Any cost that is not included in the latest approved Project budget;
3. 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;
4. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations,
or policies.
The Grantee understands and agrees that payment to the Grantee for any Project cost does not
constitute a final decision by SANDAG 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. 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 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. The Grantee agrees that Project closeout will not alter the Grantee's
responsibility to retum any funds due SANDAG as a result of later refunds, corrections, or other
similar transactions, nor will Project closeout alter the right by SANDAG 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. The 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 and/or 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/amount of SANDAG participation based on the invoiced amount.
G. Reduction of Matching Funds. The 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 ratio
or percentage of SANDAG participation.
8
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City of Chula Vista
Grant Number:5001356
Industrial Boulevard Bike Lane/Pedestrian Improvements
Section 6. Accounting Records
In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows:
A. Project Accounts. The Grantee agrees to estab~sh 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 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 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 (3) years thereafter from the
date of transmission of the final expenditure report, the Grantee agrees to maintain (intact and
readily accessible) all data, documents, reports, records, contracts, and supporting materials
relating to the Project as SANDAG may require.
D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and require
its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect all
Project work, materials, payrolls, and other data and to audit the books, records, and accounts of
the Grantee and its subgrantees pertaining to the Project.
E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and
record retention requirements of this Agreement.
F. Quarterly Reports. 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
9
13-43
City of Chula Vista
Grant Number:5001356
Industrial Boulevard Bike Lane/Pedestrian Improvements
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
the ITOC, 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, the Grantee agrees to submit a final certification of Project expenses and final
reports, as applicable.
B. Project Closeout. Project closeout occurs when SANDAG notifies the 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. 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. 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. If
Grantee uses SANDAG funds for indirect costs, final audit will include an indirect cost audit as
well.
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 (5) 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
timelines 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, the 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 It or Lose It policy requirements.
C. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any part
of the Extension Ordinance assistance to be provided for the Project if the Grantee has vioiated
the terms of the Agreement or if SANDAG determines that the purposes of the laws or policies
10
13-44
City af Chula Vista
Grant Number:5001356
Industrial Boulevard Bike Lane/Pedestrian Improvements
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 the Grantee before the termination date to the extent those
obligations cannot be canceled. If, however, SANDAG determines that the 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 the 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).
F. 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 twenty (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 ten (10) days from the postmark date of the reply from SANDAG. The
Executive Director will respond to the request for reconsideration within ten (10) working
days. The decision of the Executive Director will be in writing.
11
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City of Chula Vista
Grant Number:5001356
Industrial Boulevard Bike lane/Pedestrian Improvements
2. If Grantee is dissatisfied with the results following exhaustion of the above dispute
resolution procedures, Grantee shall make a written request to SANDAG for appeal to
the SANDAG Regional Planning Committee. SANDAG shall respond to a request for
mediation within thirty (30) calendar days. The decision of the Regional Planning
Committee shall be final. '
C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall
be brought in a state or federal court situated in the County of San Diego, State of California. In
the event of any such litigation between the parties, the prevailing party shall be entitled to
recover all reasonable costs incurred, including reasonable attorney's fees, litigation and
collection expenses, witness fees, and court costs as determined by the court.
Section 11. Assignment
The Grantee agrees that Grantee shall not assign, sublet, or transfer (whether by assignment or novation)
this Agreement or any rights under or interest in this Agreement 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
The Grantee has assigned Boushra Salem 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 twelve
(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 inciude an acceptable "Waiver of Transfer Rights of Recovery Against Others
Endorsement," naming SANDAG as an additional insured. 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. The policy must include an acceptable "Waiver of Right to
Recover From Others Endorsement: naming SANDAG as an additional insured.
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.
12
13-46
City of Chula Vista
Grant Number:5001356
Industrial Boulevard Bike Lane/Pedestrian Improvements
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 AM.
Best rating classification of "A-" or better and a financial size of "$10 million to $24 million
(Class V) or better,"
or
2. A Lloyds of London program provided by syndicates of Lloyds of London and other
London insurance carriers, providing all participants are qualified to do business in
California and the policy provides for an agent for service of process in California.
E. 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 ciaim, 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, councilor 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 officers which arise
from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful
acts or omissions of the Grantee and its subgrantees and their agents, officers, or employees, in
performing the work or services herein, and all expenses of investigating and defending against same,
including attorney fees and costs, provided, however, that the Grantee's duty to indemnify and hold
harmless shall not include any claims or liability arising from the established sole negligence or willful
misconduct of SANDAG, its agents, officers, or employees.
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.
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.
13
13-47
City of Chula Vista
Grant Number:5001356
Industrial Boulevard Bike Lane/Pedestrian Improvements
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
SAN DAG and the Grantee.
Section 17. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered
by depositing the same in any United States Post Office, registered or certified, postage prepaid,
addressed to:
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Attn: Smart Growth Incentive Program Manager
Grantee: The City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Boushra Salem
and shall be effective upon receipt thereof.
Section 18. Signatures
The individuals executing this Agreement represent and warrant that they have the legal capacity and
authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above.
SAN DIEGO ASSOCIATION
OF GOVERNMENTS
THE CITYOF CHULA VISTA
APPROVED AS TO FORM:
tk- ~1'-1&h?
BART MIESFELD
City Attorney
14
13-48
City of Chula Vista
Grant Number: 5001356
Industrial Boulevard Bike Lane/Pedestrian Improvements
ATTACHMENT A
APPROVED PROJECT BUDGET, SCOPE OF WORK, AND PROJECT SCHEDULE
,
CAPITAL PROJECT
TRANSNET SMART GROWTH INCENTIVE PROGRAM BUDGET, SCOPE OF WORK. &. SCHEDULE
Pn>j$CI: 111dustrfal BOlj!~vllrd BJk.e Lane and Pede!trl<m ImproJvem9fl11l
pro}Kt Dn<::riptlon (lnc!u"In\l !ocoUon/lnlJ limits): Chli"tinewlUlmjn
Contrl'lctNumber:Christinewillfillin
CJ;Jirn Number:Chrls!lnewHl tlUin
Dellv_rables
Sian Oaw Completion Daw. SANDAG Funds Local Match
T.uk
P!anning Project Revenues
Source
SGIPFunds
Lool\sp';'C1'jSOO[C",j fons III SI Gng;;slmn el~I
Sta:ei ad sou'ce)
F"det31ISC&cif' ~~r(:g.,'
In-Kim.!
TNDI
:Z010, 1.11 2009.June
Q Q1
~.2.3n 251.587
16J/[)j) U9.3GD
2Q12
0'"
2<13.900
145.300
4-9,31:1 "3!JD,~87 $
429.200
15
13-49
City of Chula Vista
Grant Number: 5001356
Industrial Boulevard Bike Lane/Pedestrian Improvements
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 (SGIP) grant funds, whether from TransNet
or another source. By signing a grant agreement for the SGIP, 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 (2) years
following execution of the grant agreement, and construction must be completed within
eighteen (18) 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 (1) year
following execution of the grant agreement, and the planning project must be complete within
two (2) 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 (1) Year
2.1. Grant recipients may receive extensions on their project schedules of up to one (1) year for good
cause. Extensions of up to twelve (12) 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 SGIP.
Extensions beyond twelve (12) 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 (6) months the grant recipient must request the extension in
writing to the SANDAG program manager at least two (2) 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 (6) months, but less than twelve (12) months aggregate, the grant recipient must request an
extension in writing to the SANDAG program manager at least six (6) weeks prior to the earliest
project schedule milestone deadline for which an extension is being requested.
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 timeframe.
16
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City of Chula Vista Grant Number: 5001356
Industrial Boulevard Bike Lane/Pedestrian Improvements
2.1.4. If the program manager denies an extension request under this Section 2, the project sponsor
may appeal within ten (10) 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 (1) Year
3.1. Requests for extensions beyond one (1) 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 conftict 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.
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
17
13-51
City of Chula Vista
Grant Number 5001356
Industrial Boulevard Bike Lane/Pedestrian Improvements
least six (6) weeks prior to the earliest project schedule milestone deadline or deadiine 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 resuit 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.
18
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City of Chula Vista
Grant Number 5001356
Industrial Boulevard Bike Lane/Pedestrian Improvements
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 [2] 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 50
percent (50%), 75 percent (75%), and 100 percent (100%). 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/bicycie 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. Perlormance Monitoring: SANDAG staff may measure performance of the constructed capital
improvements against stated project objectives, and evaluate the overall Smart Growth Incentive Program.
Grantee is expected to meet with SANDAG staff to identify relevant perfonmance measures and data
sources and provide available data and feedback regarding the program as appropriate.
PLANNING GRANTS
1. Contact Information. Grantee must provide SANDAG with contact information for the project manager.
Grantee must provide SANDAG with updated contact information in a timely manner if there are any
changes to staff assigned.
2. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice (preferably
within two [2J 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 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 seiection.
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.
19
13-53
City of Chula Vista
Grant Number:5001356
Industrial Boulevard Bike Lane/Pedestrian Improvements
ATTACHMENT D
SAMPLE INVOICE AND QUARTERLY REPORT
Invoice Part 1 of 3
TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE
To: CHRISTINE EARY
SANDAG
401 B Street, Suite EOO
San Diego, CA 92101-4231
Project Name: ME OF GRANT
Contract Number: ######tI#
From: NAME
ORGANIZATION
ADDRESS
Grant Invoice Number:
Billing Pef/od:
Jnvoice Date:
#
FROM
DATE
TO
....
w
I
C11
.j:o
- '. ,--. -'-""_c PRICVIOUS STAFF. CONSUHANT EXpENDITURES .... HICMAINING TOTALTHIS
PROJECT TASK ,...... GRfli.n BUDGET GRANT COSTS " COSTS TO DAre ' BALANCE' ' , INVOICE
1 Description of Task $ - $ - $ - $ $ - $ - S -
2 Description of Task $ - $ - $ S - $ - 5 - $ -
3 Description of Task :$ - $ - $ - S - $ - 5 - $ -
4 Description of Task $ - $ - $ - $ - $ - $ - $ -
5 Oescrjption of Task $ - $ - $ - $ - $ - $ - $ - \
6 Description of Task $ - $ $ - $ $ - $ - 5 -
7 Description of Task $ - S - $ - S - $ - $ - $ -
8 De-scription of Task S - 5 - $ - 5 5 - 5 - S -
9 Description of Task S - S - $ - S 5 - 5 - S -
Descripti.on of Task S - 5 - $ - $ 5 - $ - 5 -
ITot31: 5 - S - $ - $ - S - $ - 5 -
Total Current Expenditures: $
Total Amount Due this Imoice: $
CERTIFICATION OF GRANTEE
I hereby certify that the above costs were incurred in pertormance of the -work required under me grant and are consistent with the amounts evidenced by
aUached supporting documents and expenditure.s
Signature
Printed Name and Title
Date
20
~
c..>
I
0'1
0'1
City of Chula Vista
Grant Number:5001356
Industrial Boulevard Bike lane/Pedestrian Improvements
Invoice Part 2 of 3
Grantee:
Project:
Contract #:
I mVOlC8,.,. nVOIce #L IWOlce #j Involc~
J _ uate or Jrwo,ce Date of InvOice Dote or InvOice Dote of IIwolce
Dotes of Work Completl Dates of Work Completed Dates of Work Comnleted Dotes of Work Comnleted ime1S ublotol
~AG .\iatch S . Matell Match G vateh ',-, Illiatch
aSK I ~ - - 0 - ~ - - $ -10 - $ -IT - iT -
Task 2 ~ - - $ - $ - - $ - I $ - - $ - $ -
Task 3 - - - - - - - - $ - $ -
Task 4 - - - - - - - - $ - $ -
Task 5 - ~ - - - - - - - $ $ -
Task 6 ~ - 1$ - - . - - 1$ - - . - $ - $ -
Task 7 . - - - - ,- IS - - - $ - $ -
Task 8 ~ - , - ~ - - - . - - - $ - $ -
Task 9 I ~ - - ~ - - - 1$ - - - $ - $ -
Task 10 " - :;; - IS - $ - $ - . - - - $ - $ -
ota I ~ - $ -15 - ! ~ - $ - 1$ - - - $ - $ -
nvolce #~ IWOlCe #6 Invofce#"
Uate at InvOice uate at Invoice uate of fnvolce ,
une :>Ubtotal Dates of Work Completed Dates of Work Comoleted Dotes af INark Comoleted rvITJ
li IP,Ilate SANUAl-i IMatch " Match ISANDAG r,,1atch ISANDAG [Match
II ask 1 1$ - 1$ - 1$ - 1$ - $ - 1$ - . - " - $ - . -
Task 2 $ - $ - 1$ - I:;; - $ - 1$ - 1$ - $ - $ - $ -
Task 3 15 - 1$ - I" - . - -1$ - I. - . - $ - $ -
Task 4 $ - $ - 15 - 1'5 - - I~ - . - T - $ - $ -
Task 5 0 - 1$ - I $ - 1$ - - 1$ - 1$ -I $ - $ - $ -
Task 6 $ - $ - I . - " - $ - . - I. -I $ - $ - $ -
Task 7 " - I~ - I" - 1$ - IS - I. - I. - $ - $ - $ -
Task 8 $ - $ - I ~ - I~ - I ~ - 1$ - 1$ - ~ - $ - $ -
Task 9 $ - 15 - 1$ - 1$ - 1 $ - 1$ - 1$ - $ - $ - $ -
Task 10 $ - $ - $ - " - $ - $ - $ - $ - $ - $ -
"
Total $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
21
City of Chula Vista
~
to)
I
en
a>
Grant Number:5001356
Industrial Boulevard Bike lane/Pedestrian Improvements
. SUMMARY
I
B udr eted Remainin(J
SANOAG Match SANOAG Match
Task 1 ::; - $ - ::; - ::; -
Task 2 ::; - $ $ - $ -
Task 3 I" - ~ 13 - " -
Task 4 $ - $ - $ - ::; -
Task 5 $ - $ $ - ::; -
Task 6 $ - $ - $ - $ -
Task 7 $ - $ - $ - $ -
Task 8 $ - $ - $ - $ -
Task 9 $ - $ - $ - $ -
Task 10 S - $ $ - $ -
Total $ - $ - $ - $ -
22
City of Chula Vista
Grant Number:5001356
Industrial Boulevard Bike Lane/Pedestrian Improvements
Invoice Part 3 of 3 and Quarterly Report Form
INVOICE AND PROGRESS REPORT
ProjedManage-r Name
Ager1cy
Address
Telephone
Contrad #:
Invoke Date:
Invoice #:
Invoice Period: (from) (to)
Description of Activity for Invoice Period
Task 1
1. Work Accomplished this Invoice Period
Add description
2. Work Antidp.ated for Next Inv,oice Period
Add description
3. Challenges or Problems Experienced and Actions Toward Resolution
Add description
Ta.k 2
1. Work Accomplished this Invoice Period
Add description
2. Work Antidp.ated for Next Invoice Period
Add de'SCfiption
3. ChaHenges or Problems Experienced and Actions Toward Resolution
Adddescripbon
Summary of Progress
Ta.k Scheduled Scheduled Completed Start Next Complete
Start Date Completion This Invoice Invoice Next
Date Perrod7 Period? Invoice
(mark x) (mark x) Period'?
(mark xl
Task 1
Task 2
Task 3
23
13-57
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ENTERING INTO TWO AGREEMENTS WITH
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND
ACCEPTING GRANTS FROM THE TRANSNET SMART
GROWTH INCENTIVE PROGRAM FOR FISCAL YEARS 2009-
10 AND 2010-11
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 February 3, 2009, the City Council authorized staff to submit applications
for several grants to fund 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 initiative/improvements that support
compact, transit oriented developments and create interesting places within communities; and
WHEREAS, the City of Chula Vista was awarded $2,283,900 of those funds to I)
implement a streetscape project along the segment of Third A venue Village between H Street and
Madronna Street, 2) build the missing street improvements on Industrial Boulevard between
Palomar Street and Naples Street; 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; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Third
Avenue improvements for consistency with the California Environmental Quality Act (CEQA)
and has detennined that the project qualifies for a Class I categorical exemption pursuant to
Section 15301(c) Existing Facilities of the State CEQA Guidelines, because the project involves
improvements within an existing public street right-of-way. Thus, no further environmental
review is necessary. The proposed Third Avenue improvements were also adequately covered in
previously certified Environmental Impact Report EIR-06-01; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Industrial
Boulevard improvements for consistency with the California Environmental Quality Act (CEQA)
and has detennined that the project qualifies for a Class I categorical exemption pursuant to
Section 1530 I (c) Existing Facilities of the State CEQA Guidelines, because the project involves
13-58
Resolution
Page 2
improvements within an existing public street right-of-way. Thus, no further environmental
review is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
hereby enters into two agreements (Industrial Boulevard -Grant Agreement No. 5001356 and Third
Avenue Grant Agreement No. 5001357) between the City of Chula Vista and the San Diego
Association of Governments regarding the TransNet Smart Growth Incentive Program Grants
totaling $2,283,900, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby
authorizes the Deputy City ManagerlDevelopment Services Director to enter into the subject
agreements on behalf of the City.
Presented By:
Approved as to form by:
Gary Halbert, AICP, PE
Deputy City Manager/
Director of Development Services
13-59