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HomeMy WebLinkAbout2010/08/03 Item 8 CITY COUNCIL AGENDA STATEMENT ~Il~ C1TYOF ~CHUIA VISTA 8/3/10, Item '6 SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS FOR THE SIDEWALK SAFETY PROGRAl'vi (I STREET) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT NO. 5001218 BETWEEN THE ClTY OF CHULA VISTA AND SANDAG TO ACCEPT A GRANT FROM THE TRANSPORTATION DEVELOPMENT ACT FOR THE e SIDEWALK SAFETY PROGRAM AND AUTHORIZING T DIRECTOR OF PUBLIC WORKS TO SIGN THE AGREEMEN DIRECTOR OF PUBLIC WORKS ASSISTANT DIRE~T R OF ENGIN CITY MANAGER ASSIST ANT CITY ANAGER =;,.;- 4/STHS VOTE: YES 0 NO 0 ITEM TITLE: REVIEWED BY: SUMMARY In July 2009 the San Diego Association of Govenmleni:~ {}; i\,NDAG) announced the award of Fiscal Year 2008-09 Transportation Development Act grants '([) municipalities. The City of Chub Vista was awarded $116,220 for the Sidewalk Safety Progr= (I Street) ancl $150,000 for the Bicycle Master Plan Update. In order to receive these funds, the City must execute an agreement with SANDAG. This resolution will authorize the execution of the agreement for the Sidewalk Safety Program funding. ENVIRONMENTAL REVIEW The Envlromnental Review Coordinator has reviewed the proposed activity for compliance with the California Enviromnental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the proposed action consists of a governmental fiscal activity which, on its own, would not result in a potentially significant physical impact on the environment. However, when the actual project(s) for which the grant monies are eannarked are adequately defined and ready to be carried out the appropriate environmental review and documentation will be required. Therefore, pursuant to Section 15060(c)(3) ofthe State CEQA Guidelines, the activity is not subject to CEQA. RECOMMENDATION Council adopt the resolution. 8-1 8/3/10, 1tem~ Page 2 of 3 BOARDS/COMMIssrON RECOMMENDATION Not applicable. DISCUSSION The California Transportation Development Act (TDA) became effective on July I, 1972 and was enacted to assist local jurisdictions at the county level to improve public transit and non- motorized transportation projects. The act created a Local Transportation Fund in each countv into which is deposited Yt percent out of the 8 114 percent state sales tax created in each county. Each year, SANDAG is responsible for the allocation of TDA li.mds in conformance with legislative and regional priorities in San Diego County. Two percent of regional TDA funds are apportioned each year for facilities provided for the exclusive use of pedestrians and bicyclists. On April 8, 2009 the San Diego Association of Governments (SANDAG) announced a "Call for Projects" to all interested and eligible cities interested in applying for TDA and Transnet bicycle and pedestrian funding. The submittal deadline was May 6, 2009. On April 28, 2009 Council adopted Resolution No. 2009-096 (Attachment 1) approving the submittal of grant applications for the Bikeway Master Plan Update ($150,000) and I Street Sidewalk Improvements ($116,220). The I Street Sidewalk Improvements are part of the Sidewalk (Installation) Safety Program. This project will complete missing sidewalk improvements on I Street between Hilltop Drive and First Ave., which are within Yt mile of Hilltop Elementary School. Under SANDAG's Bicycle and Pedestrian Claim regulations, only the sidewalk and pedestrian ramp improvements are eligible for TDA funding. The total cost was estimated to be $232,440. Staff applied for $116,220 in TDA funds, and proposed to fund City staff expenditures and ineligible costs through $116,220 in Transnet matching funds. The Agreement SANDAG staff informed City stalT that the Bikeway Master Plan update and the I Street sidewalk project would receive TDA funding. Funding for the proposed list of projects (Attachment 2) was approved by the SANDAG Board of Directors on June 26, 2009. In the past, adoption of funding by the Board served as a Notice to Proceed. Staff was verbally told that agencies receiving TDA funds would be required to sign an agreement to be prepared by SANDAG, but City staff did not receive a copy of the proposed agreement until January 28, 2010. AddItionally the City was not directed to delay commencement of work on the project until the agreement had been executed. The Grant Agreement is between the San Diego Association of Governments and the City of Chula Vista and is binding on both parties. Provisions of the agreement include the following: . The effective date is defined as the date on which the agreement is fully executed. It also states, "SANDAG authorizes Grantee to begin working on the Project, and Grantee agrees to undertake Project work, promptly after receiving a Notice to Proceed from SANDA G." . Reimbursed project costs must have been incurred for work performed after the Effective Date of the Agreement and after receipt of a Notice to Proceed. . The Grantee must provide SANDAG with monthly project reports. 8-2 8/3/10, Item~ Page 3 of 3 . The Grantee must comply with the "Use It or Lose It" Policy, Attachment B to the agreement. This policy specifies that constmction grants be awarded within two years following execution of the grant agreement, and constmction must be completed within 18 months tallowing award of the construction contract. It also establishes conditions for receiving extensions on project schedules. . Attachment C establishes Project Implementation and Oversight Requirements. For Capital Grants, this includes providing SANDAG with plans for their review at various stages of deSIgn completion. It also requires the grantee to submit Quarterly Progress Reports, including the status of the budget and schedule. Due to the lag time between receiving news of the award of funding and receiving the agreement, staff has already begun work on design of this project. In March 2010 staff submitted the 75% plans for this project to SANDAG staff and stopped subsequent work until execution of this agreement. Although staff performed work on the project before receiving a written Notice to Proceed, all design work was to be funded by the Transnet match, not IDA funds. Therefore, all costs reimbursed from the grant funds will be incurred after the Notice to Proceed is received. Staff has also requested a modification to the customary plan review intervals of 30%, 60%, 90'Yo and 100%. This was needed both because of the small size of this project and the fact that the 75% design had already been completed. The plan review submittal intervals have been changed to 75% and 100% with the concurrence of SANDAG. DECISION MAKER CONFLICT Statf has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the properties which are the subject of this action. CURRENT YEAR FISCAL IMP ACT There are no impacts to the General Fund lor this action. The TDA grant of $116,220 and matching funds of $116,220 have been included in the City's Transnet allocation and were included in the Fiscal Year 2009-10 Capital Improvement Plan under Project No. STL-363. ONGOING FISCAL IMPACT There should be minimal ongoing expenditures for maintenance of the sidewalk. A TT ACHMENTS 1. Resolution 2009-096 2. Proposed Funding - FY2010 Transportation Development Act Prepared b.v' Elizabeth Chopp. Senior Civil Engineer. Engincering~Pllblic Works Dept. J IEnginecrlA GENDA ICAS2U I Gl08-1!3 I OISidewalk Safety Grant AgrecmentFlNA L.doc 8-3 I I I __J ATTACHMENT RESOLUTION NO. 2009-096 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF A GRANT APPLICATION AND CERTIFYING MATCHING FUNDS FOR THE I STREET SIDEWALK IMPROVEMENTS AND APPROVING THE SUBMITTAL OF A GRANT APPLICATION FOR THE BIKEWAY MASTER PLAN UPDATE TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR FISCAL YEAR 2009/2010 TRfu"SPORTATlON DEVELOPMENT ACT AND TRANSNET FUNDING FOR BICYCLE AND PEDESTRIAN PROJECTS WHEREAS, the State Transportation Development Act (TDA) and TransNet programs generally provide funding for bicycle and pedestrian facilities through a competitive grant process on an annual basis. The San Diego Association of Governments (SANDAG) issued a call for projects on April 8, 2009 for funding during fiscal year 2009/2010; and WHEREAS, funds are provided on a non-competitive basis for the preparation of a Bikeway Master Plan every five years. An updated plan is required to obtain certain regional and State funding for bicycle facilities. Since the City's current Bikeway Master Plan was completed in January 2005, the City is eligible to apply for funding of $150,000 to update this plan; and \VHEREAS, the I Street Sidewalk Improvement project will complete thc rrussmg pedestrian improvements on the north side of I Street between Hilltop Drive and First Avenue, which is within 'I.-mile of Hilltop Drive Elementary School. This project is estimated to cost $232,440 with a requested grant amount of$116,220; and WHEREAS, there is sufficient TransNet funding in sidewalk installation CIP projects STL336 and STL347 to provide the $116,220 in matching funds for the I Street Sidewalk Improvements project; and WHEREAS, since the current action seeks only to approve the submittal of a grant application, this action is not subject to CEQA pursuant to Section 15060( c )(3) of the State CEQA guidelines. Should grant funding be procured., additional environmental review will subsequently be conducted and the appropriate environmental determination vvill be made. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the submittal of a grant application and certifies matching funds for the I Street Sidewalk Improvements and approves the submittal of a grant application for the Bikeway Master Plan Update to the San Diego Association of Governments for fiscal year 200912010 Transportation Development Act and TransNet funding for Bicycle and Pedestrian proj ects. 8-4 I ! I , , I i I ! I L ---"-~-~--- Resolution No. 2009-096 Page 2 Presented by Approved as to form by (~L t~ Cheryl Cox, Ma~r . 1 I 1 Ii I: , " Ii I', I: I: :1 I' " 'i Ii il II I' I: , , , , ,. i ~~~ Richard A Ho s Director of Public Works PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 28th day of April 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: j~ Jl /1(hhUJ Donna R. Norrii, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-096 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 28th day of April 2009. Executed this 28th day of April 2009. iL ~ ~},~ Donna R. Norris, Me: City Clerk R 5 I I Jurisdiction Attachment 6 PROPOSED FUNDING. FY 2010 TRANSPORTATION DEVElOPMENT ACT AND TransNet BICYCLE AND PEDESTRIAN PROJECTS Project ProJect limits Application Recommended Amount Alloci:ltion $ 150,000 $ 150,000 $ 75,000 $ 75,000 $ 42,034 $ 14,378 $ 75000 $ 75000 $ 50000 $ 50000 $ 350000 $ 150000 $ 290000 $ 290000 $ 150000 $ 150000 $ 75,000 $ 75,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 25,000 $ 25,000 TolalAI ocation $ 1,154378 Recommended Allocation Total Score $ 88000 138.1 $ 524,100 134.7 $ 457,357 134.5 $ 157500 130.7 $ 361000 125.3 $ 500,000 12.4.8 $ 73,500 123.8 $ 50,649 120.3 $ 700.000 113.6 $ 116,220 111.5 $ 130,000 111.2 $ 30,200 1088 $ 350,000 1082 $ 150,660 108 $ 248,400 107.7 $ 146,844 104.8 $ 1078,000 1015 $ 1,425,000 1011 $ 6,587,430 ChulaVsla Coronado Escondido La Mesa National City City of San Die(jo CtyofSan DiGqo C"tv of San Die~o Cily of San O'e[:jo/UCSD SANDAGINCTO SANDAG/Iv1TS SANDAG Recommended Plans, BIcycle Parking, and Support Proqrams Clly ofChula Vista CilyofCoronado Escondido Cily Hall and Downtown Specific PlanninQ Area City of La Mesa City of Nalional Cily City of San DieQo City of San DieQo schools San Ysidro, Midway, Old Town, Ocean Beach, ColleQe, Pacific Beach, and Kensington UC San Diego campus, SlO. and l Ulcrest Med.ical Center Reqional Sante Fe Depot! mperial Ave/Pacific Fleel Station/8th StreellE Street/H Slreet/Palomar Street Regional B keway Master Plan Update Bicycle MasterPlan Bike lockers and Racks Bicycle FacililiesMasterPlan Bicycle l,jaster Plan Environmenlal Documentation and Feasibility StudY for Bike Master Plan Update Pedestrian and B cycllO Safety Education Program Pedeslrian MasterPlan Phase 4 UC San Diego Bicycle I Pedestrian Master Plan Bicycle Locker\iVirelessCornmunication Bicyce Locker Relrofits and Upgrades Bicyce Map Printing and Distribution JurisdIction Project Projec:tlimits La Mesa Escondido Escondldo mcondido ~a Mesa mta CilyofSan Diego Vista SanfAarcos ChulaVisla t~allonal City Santee CilyofSan Dieqo Carlsbad City of San Diego Vista SANDAG'Chula Vista Escondldo/San Diego Spring St Trolley Station Pedestlian Access Improvements EscondidoCretlk Bike Palll Ash StreelUndercrossing Escondido Creek Bike Path Liflhling and RestripinQ La Mesa BlvdlEI Cajon Blvd Inlersecllon Improvernenlsand Pedestrian Infraslructure Inlanu Rail Trail Phase III B - Rlqht of Way Engineering Bicycle. Detection alSlgna1iz.ed IntersectiOn>; Safe Pedestrian Crossing at longhofil Dr Barh(lm Dr Urban Trail Improvement Project S dewalk Saafty Program -I Street Sidewa k Improvements Sweetwater River Bike Path Gap Closure - Plaza Bonita Rd Car ton Oaks Dr Class I Bike Lanes SR-15 B ke Path Final Design and Environmental Document nslallationofauulble pedeslrall siqnals and count-down p edestransljnals Kelloll Rd Midblock Pedestrian Improvements Boys and Girls Ciub Sidewalk improvements Bayshore Bikeway Seqmenls 7 and 8 West Bernardo Bike Path and Canlilever Recommended Capital Projects tntersecfonof SprinQ Stand Hlqh St across from trolley slation Esc:ond UO Transil Center Slidqe over Creek Channel to Center City Pkwy Ash Street (SR78) Escondido Creek Bike Palh from Broadway to Asll St La Mesa Blvd and EI Cajon Blvd intersection Buena Creek SPRINTER Station to Melrose Ave Station 2Dlocationsin lhe Cily of San Diego Lonqhorn Dr at Promontory Ridge Way Twin Oaks Va ley Rd to CSUSMSPRINTER Slaton N. :;ide of I Street from Hilltop Dr to First Ave Plaz:a Bon ta Rd NVI from Bonila ~1esa Rd Carlton Oaks Dr from Wesl Hills Pkwv 10 Carlton H lis Blvd East side ofSR-15 between Camino del Rio S. and Adams Ave 21 inlerseclionsin Carlsbad Kellon Rd between Zircon St and LuberSt W. California Ave from Aven da de Bonlla JUarez: to 100 fl west of Calle Chapultepec Stella St to H SI in Chula Vista Rancho Bernaldo Community Park Dr to Lake Hodges Ped Bridge TolalAllocalioil Oc.eanside County of San Dieqo Sanies San Luis Rey RiverTral Inland Rail Trail Phase IliA ProspeclAve Sidewalks Non-Recommended Capital Prolects San Luis Rey River Trail from Tyler St to N. Sanla Fe Dr. and SR-76 Buena Creek RdISPR/NTER tracks to Phi lips St/$PRINTER tracks Pro:;pect Ave belween S. Slope Drive to 500 fl west of Fanila Dr $ 600000 $ 123420 $ 491,752 $ 1,215,172 Application Amount $ 337,500 $ 135,000 $ 135,000 $ 50,000 $ 45,000 Jurisdiction Project Reason tor Ineligibility Cilyo/Siln Diego CityolSan Dieqo City of San DieQo City olSan Deqo C'tyofSan DeQo I 1-------- KearnyVilla Rd Bicycle Lane Improvements Balboa Ave West Pedestrian and S cycle Improvements Study Balboa Ave East Pedestrian and Bicycle Improvements Study SR-56 Bic.ycelPedeslrian Brid[Je FeasibiityStudy San Diego River BikePalh Study Ineligible Prolects RoulineMaintenance Incomplete Appilcal"on Incomplete Applicafon Incomplele Appl callon IncolllpleteApplcaton 17 91.7 85.8 61.8 ~ )> * ~ I~ RESOLUTION 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM THE TRANSPORT A nON DEVELOPMENT ACT FOR THE STDEW ALK SAFETY PROGRAM (I STREET) WHEREAS, the California Transportation Development Act (TDA) was enacted to assist local jurisdictions at the county level to improve public transit and non-motorized transportation projects. Each year, the San Diego Association of Governments (SANDAG) is responsible for the allocation ofTDA funds in conformance with legislative and regional priorities in San Diego County; and WHEREAS, on April 8,2009 SANDAG issued a call for projects for the Fiscal Year 2009-10 allocation. The submittal deadline was May 6, 2009; and WHEREAS, on April 28, 2009 Council adopted Resolution No. 2009-096, approving the submittal of grant applications for the Bikeway Master Plan Update ($150,000) and I Street Sidewalk Improvements ($116,220); and WHEREAS, on June 26, 2009 the SANDAG Board of Directors approved a list of projects recommended for the Fiscal Year 2009-10 TDA allocation. Both the Bikeway Master Plan Update and the I Street Sidewalk Improvements were included; and WHEREAS, the I Street Sidewalk project is included in the Fiscal Year 2009-10 Capital Improvement Program as Project No. STL-363, including $116,220 in matching funds from the City's Transnet allocation. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept Transportation Development Act funds for the Sidewalk Safety Program (l Street). Presented by Richard A. Hopkins Director of Public Works 8-7 i - '- RESOLUTION 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT NO. 5001218 BETWEEN THE CITY OF CHULA VISTA AND SANDAG TO ACCEPT A GRANT FROM THE TRANSPORTATION DEVELOPMENT ACT FOR THE . SIDEWALK SAFETY PROGRAM AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN THE AGREEMENT WHEREAS, the California Transportation Development Act (TDA) was enacted to assist local jurisdictions at the county level to improve public transit and non-motorized transportation projects. Each year, the San Diego Association of Governments (SANDAGl is responsible for the allocation of TDA funds in conformance with legislative and regional priorities in San Diego COlmty; and WHEREAS, on April 8, 2009 SANDAG issued a call for projects for the Fiscal Year 2009-10 allocation. The submittal deadline was May 6, 2009; and WHEREAS, on April 28, 2009 Council adopted Resolution No. 2009-096, approving the submittal of grant applications for the Bikeway Master Plan Update ($150,000) and I Street Sidew~lk Improvements ($116,220); and WHEREAS, on June 26, 2009 the SANDAG Board of Directors approved a list of projects recommended for the Fiscal Year 2009-10 TDA allocation. .Both the Bikeway Master Plan Update and the I Street Sidewalk Improvements were induded; and WHEREAS, SANDAG statf informed the agencies receiving TDA funds for Fiscal Year 2009-10 that the City would need to sign an agreement with SANDAG as a condition of receiving these funds. This proposed agreement was provided to City statf on January 28,2010; and . WHEREAS, City staff requested several minor moditlcations to the agreement for the I Street Sidewalk Safety project, induding the project schedule, project manager and number of submirtals. SANDAG staff has agreed to these modifications. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve Agreement No. 5001218 between the City of Chula Vista and SANDAG to accept a grant from the Transportation Development Act for the Sidewalk Satety Program and authorize the Director of Public Works to sign the agreement. 8-8 Presented by Richard A. Hopkins Director of Public Works , , , 8-9 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 APy OYAr:1W THE CITY OUNC L// Dated: 1/ ZS ( 10 I I TDA/TRANSNET BICYCLE, PEDESTRIAN, AND NEIGHBORHOOD SAFETY PROGRAM FISCAL YEAR 2010 GRANT AGREEMENT NUMBER 5001218 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA REGARDING SIDEWALK SAFETY PROGRAM 8-10 TDA/TRANSNET BICYCLE, PEDESTRIAN, AND NEIGHBORHOOD SAFETY PROGRAM FISCAL YEAR 2010 GRANT AGREEMENT NUMBER 5001218 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND CITY OF CHULA VISTA REGARDING SIDEWALK SAFETY PROGRAM THIS GRANT AGREEMENT NUMBER 5001218 ("Agreement") is made this _ day of , 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 91950 (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 TransNel Y, cent sales and use tax through 2048 (Extension Ordinance). B. The Extension Ordinance contains provisions to fund the Bicycle, Pedestrian, and Neighborhood Safety Program (BPNSP), which began being funded by the Extension Ordinance on April 1, 2008. C. The SANDAG Board of Directors also approved programming of approximately $3 million in Transportation Development Act, Article 3, Bicycle and Pedestrian Facilities and Programs (TDA Funds) on June 26,2009, by Resolution Number 2009-30. o In April 2009, SANDAG issued a request for proposals from local jurisdictions in San Diego County wishing to apply for a portion of the BPNSP FundingITDA Funds for use on capital improvement and planning projects meeting certain criteria. E. Both BPNSP Funding and TDA funds were eligible funding sources for the BPNSP (BPNSP Funding). F. Grantee successfully applied for BPNSP Funding for the following project: Sidewalk Safety Program (hereinafter referred to as the "Project"). The Scope of Work, Project Schedule, and Project Budget for the Project is attached as Attachment A. G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project: H. 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: 8-11 Grantee Name: Grant No.. NOW, THEREFORE, it is agreed as follows: Section 1. Definitions A Application. The signed and dated grant application, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf of the Grantee and accepted or approved by SANDAG. All of Grantee's application materials, not in conflict with this Agreement, are hereby incorporated into this Agreement as though fully set forth herein. B. Agreement. This Grant Agreement, together with all Attachments hereto, which are hereby incorporated into this Agreement and contain additional terms and conditions that are binding upon the parties. C. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in typewritten hard copy or electronically) of a SANDAG official authorized to permit the Grantee to take or omit an action required by this Agreement, which action may not be taken or omitted without such 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 Project Schedule is attached hereto as Attachment A. E. BPNSP Funds and Funding. Funding from the TransNet Extension Ordinance for the Bicycle, Pedestrian, and Neighborhood Safety Program and Transportation Development Act Article 3 Funds. F Grantee. The local jurisdiction that is the recipient of BPNSP Funding under this Agreement. If the Grantee enters into agreements with other parties to assist with the implementation of the Project, each participant in, member of, or party to that agreement is deemed a "subgrantee" and for purposes of compliance with applicable requirements of the Agreement for its Project will be treated as a Grantee. 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 50 percent, or $116,220 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 50 percent, or $116,220, whichever is the lesser of these two amounts. 2 8-12 Grantee Name: Grant No.: 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 BPNSP Funding SANDAG will pay to Grantee for amounts invoiced under this Agreement is $116,220. I. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with a[[ or a portion of the work described in the Scope of Work. Grantee sha[1 not proceed with the work, and shall not be eligible to receive payment for work performed, prior to the effective date of SANDAG's Notice to Proceed. J. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project.. K. Transportation Development Act Funds (TDA Funds). Article 3 Bicyc[e and Pedestrian Faci[ities Programs Funds. 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 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 [egal, 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 Ex1ension Ordinance. 5 Project Implementation and Oversight. Grantee agrees to comply with the Project Imp[ementation 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) 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. 3 8-13 Grantee Name: Grant No.. 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; publicly advertise for competing bids for the work; award the work to the lowest responsive and responsible bidder; document a Record of Negotiation (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 project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG BPNSP guidelines. 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 BPNSP and that the changes would not have negatively affected the Project ranking during the grant application process. SANDAG reserves the right to have BPNSP Funding withheld or refunded due to substantive changes to the Project Justification. See Section g, 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 4 8-14 Grantee Name: Grant No.: 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 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, 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 5 8-15 Grantee Name: Grant No.: code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational confiict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, board members, or their agents, or its third-party contractors or subgrantees or their agents. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, councilor board members, or agents from participating in the selection, award, or administration of any third-party contract or subagreement supported by BPNSP Funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award. 2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third-party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third-party contractor or subgrantee or impair its objectivity in performing the contract work. B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG. any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract. It is unlawful for any contract to be made by SANDAG if any individual board member or staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG. SANDAG's officers, employees, agents, and board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its BPNSP Funding application for the Project. 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. 6 8-16 Grantee Name. Grant No.. Section 4. Approved Project Budget Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantee and SANDAG have agreed to a Project budget that is designated the "Approved Project Budget." The Grantee will incur obligations and make disbursements of Project funds only as authorized by the Approved Project Budget. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Agreement, except that re-allocation of funds among budget items or fiscal years that does not increase the total amount of the BPNSP Funding awarded for the Project may be made consistent with applicable laws, regulations, and policies. Prior SANDAG approval is required for transfers of funds between Approved Project Budget categories; approval will not be unreasonably withheld. Section 5. Payments A. Funding Commitment. The Grantee agrees that SANDAG's maximum commitment for Project Costs will not exceed the Maximum SANDAG Contribution of $116,220. SANDAG's responsibility to make, or, for TDA-funded projects, to authorize the County of San Diego to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Within thirty (30) days of notification to the Grantee that specific amounts are owed to SANDAG, whether for excess payments of BPNSP Funding, 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, or, for TDA-funded projects, authorize the County of San. Diego to 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, or, for TDA-funded projects, authorize the County of San Diego to 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 BPNSP Funding 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. For TDA-funded Projects, Grantee is advised that the County of San Diego makes payments on the 20th day of each month, or the following business day 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 BPNSP Funding must comply with all the following requirements. Except to the extent that SANDAG determines otherwise, in writing, to be eligible for reimbursement, Project costs must be: '7 8-17 Grantee Name: Grant No.. 1. Consistent with the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement, 2. Necessary in order to accomplish the Project, 3. Reasonable for the goods or services purchased, 4 Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income), 5 Incurred for work performed after the Effective Date of the Agreement, and as of the effective date of the Notice to Proceed, 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 BPNSP Funding as part of the BPNSP. 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. TDA Project Eligibility. The law specifies that the money should be allocated according to the regulations adopted by SANDAG as the regional transportation planning agency. It also identifies certain categories of eligible projects. These specific project types represent neither an exhaustive list, nor are they listed as priorities (Public Utilities Code Sections 99233.3 and 99234). They are summarized below for reference. . Construction, including related engineering expenses, of bicycle and pedestrian facilities. Maintenance of bicycle trails provided they are closed to motorized traffic. . Projects serving the needs of commuting bicyclists, including but not limited to, new paths serving major transportation corridors, secure bicycle parking at employment centers, park- and-ride lots, and transit centers where other funds are not available. . A comprehensive bicycle and pedestrian facilities plan (no more than once every five [5] years), with an emphasis on bicycle projects intended to primarily accommodate non- recreational bicycle trips. . Up to 20 percent (20%) ofthe cost to re-stripe Class II bicycle lanes. 8 8-18 Grantee Name: Grant No.. Up to 5 percent (5%) of the amount available to a city or the county may be expended in conjunction with other funds to support bicycle safety education programs, so long as the funds are not used to fully fund the salary of anyone person. E. TransNet Project Eligibility. TransNet bicycle funds may be expended for all purposes necessary and convenient to the design, right-of-way acquisition, and construction of facilities intended for use by bicyclists, pedestrian. and neighborhood safety programs. These funds also may be used for programs that help to encourage the use of bicycles/pedestrians, such as secure parking facilities, bicycle/pedestrian promotion programs, and safety programs. F. Excluded Costs. In determining the amount of BPNSP Funding SANDAG will provide for the Project, SANDAG will exclude: 1 Any Project cost incurred by the Grantee before the Effective Date of the Agreement or Amendment thereto, 2. Any cost that is not inciuded 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. Certain costs, at times associated with bicycle and pedestrian projects, are not eligible when the benefit provided is not the exclusive use of bicyclists or pedestrians. These instances are listed below. 1. Curb and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. 2. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in fact, degrade the pedestrian environment. Claimants may not include the cost of driveway ramps in applications for sidewalk projects. However, the distance across the driveway may be included when computing the per-square-foot cost of the sidewalk. 3. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities, and other existing improvements in order to construct a bikeway or sidewalk. In such cases, the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG's final decision about whether that cost is allowable and eligible for payment 9 8-19 Grantee Name: Grant No.: 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 Taxpayers' Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion of the BPNSP Funding requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due SANDAG as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review G. 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. H. Maximum SANDAG Participation. Upon receipt of an invoice from Grantee documenting Grantee's incurred and eligible expenses, SANDAG agrees to pay its Maximum Percentage/Amount of SANDAG Participation based on the invoiced amount. I. 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 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. 10 8-20 Grantee Name: Grant No.: 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 evidence of attainment of the Agreement objectives, which are requested by SANDAG or the ITOC. Grantee may be required to attend meetings of SANDAG staff and committees, including ITOC, to report on its progress and respond to questions. 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 BPNSP Funding 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 11 8-21 Grantee Name: Grant No.. 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 BPNSP Funding provided for the Project in the event Grantee fails to utilize the Project for its intended purposes as stated in the grant application. 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 perfonmance 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 BPNSP Funding 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 BPNSP Funding for the Project. D. In general, termination of BPNSP Funding for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused BPNSP Funding by failing to make adequate progress, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require the Grantee to refund the entire amount of BPNSP Funding provided for the Project or any lesser amount as SANDAG may determine. E. Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project, however, Grantee must request and SANDAG must agree to amend the Agreement, in writing, if the Project Schedule will not be met. An amendment to the Project Schedule may be made at SANDAG's discretion if Grantee's request is consistent with the provisions of the Use It or Lose It Policy (Attachment B). 12 8-22 Grantee Name: Grant No.: 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 BPNSP and that the changes would not have negatively affected the Project ranking during the grant application process. SANDAG reserves the right to have BPNSP Funding withheld or refunded due to substantive Project changes. Section 10. Disputes and Venue A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State of California. B Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1. Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to 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 SANDAG's reply. 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 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 Agreernent without the written consent of SANDAG, 13 8-23 Grantee Name: Grant No.: 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 perfonmance 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 (1) or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of "A-" or better, and a financial size of"$10 million to $24 million (Class V) or better: or 14 I I I I 8-24 Grantee Name. Grant No.: 2. A L10yds of London program provided by syndicates of L10yds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. E. Certificates of Insurance. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Each insurance policy shall contain a clause which provides that the policy may not be canceled without first giving thirty (30) days advance written notice to SANDAG For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. Section 14. Indemnification and Duty to Defend A. With regard to any claim, protest, or litigation arising from or related to the Grantee's performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, board members, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Grantee's or its subgrantees' employees, agents, or 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. 15 8-25 Grantee Name: Grant No . 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: Regional Bike and Pedestrian Program Manager Grantee: City of Chula Vista 276 Fourth Avenue Chula Vista, CA91950 Attn: Boushra Salem and shall be effective upon receipt thereof. Section 18. Administrative Claims Requirement and Procedures. No suit shall be brought arising out of this agreement, against the City, unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if fully set forth herein. Section 19. Signatures The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS City of Chula Vista GARY L. GALLEGOS Executive Director RICHARD A. HOPKINS Director of Public Works 16 8-26 Grantee Name. APPROVED AS TO FORM: APPROVED AS TO FORM Grant No.: JULIA COLEMAN Associate Legal Counsel 8-27 BART MIESFELD, CITY ATTORNEY 17 Grantee Name: Grant No.. ATTACHMENT A APPROVED PROJECT BUDGET, SCOPE OF WORK, AND PROJECT SCHEDULE PLANNING PROJECT TDAfTRANSNET BICYCLE, PEDESTRIAN, & NEIGHBORHOOD SAFETY PROGRAM BUDGEr, SCOPE OF WORK, & SCHEDULE Project: Sidewalk SafelY Progmm _I Street Sidewil;lk ImprO\>8meots Project 1 oCiltion: North sice of I Str~l, from Hilltop Dri.e to First A-..enue Project Descriptioll (illduriing location and limits): IllstaJlaton nf .'l,DA sidewalks. driveways, arid peJ"'5tri.111 ramps Contract Number: 5(101216 Task Deliverables Start Date Completion Date SANDAG Funds Local Match t:....ecuiegranlagrp"'ment ?r'!'~!1~~':X.~~lle:"nl}g,_;_.~",_:;i:9I1_ Nouceto PrClceed Feb-l0 FeU..7.~91.goo..__. .,101-10 S S Apr-20,1.q,.___.._ .._______...__..___....2.....__ oo_....J.,909_ l!!,pro'iem~l1ts . Planning Project Revenues s 20.000 20,DOC FY 2011 :.. 116,220 S ~6,22G LL.A40 S FY 2012 s , S Total 116.220 116.220 232.440 Source TD.':"/TrarlsNel 'ocal:Trol1sNetDi"c.retiunaf)' TOIlll FY 2010 (July 2009 - June 2010) 18 8-28 Grantee Name: Grant No.. ATTACHMENT B USE-IT-OR-LOSE-IT POLICY 1. Project Milestone and Completion Deadlines 1.1. This policy applies to all Bicycle, Pedestrian, and Neighborhood Safety Program grant funds, whether from TransNet or another source. By signing a grant agreement for the Bicycle, Pedestrian, and Neighborhood Safety Program, grant recipients agree to the following project delivery objectives. 1.1.1. Capital Grants. The project must be completed according to the schedule provided in the grant agreement, but at the latest, a construction contract must be awarded within two (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 i-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 Bicycle, Pedestrian, and Neighborhood Safety Program. 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. 19 8-29 Grantee Name: Grant No.. 2.1.2. For extension requests that will cause one (1) 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. 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. Penmitting. 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). 20 8-30 Grantee Name: Grant No.: 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 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. 21 8-31 Grantee Name: Grant No.: 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) of all design development meetings and provide agendas and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 3. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SA'NDAG for review and comment at seventy percent (70%), and ohe hundred 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 accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 5. Performance Monitoring: SANDAG staff may measure pertormance of the constructed capital improvements against stated project objectives, and evaluate the overall BICYCLE, PEDESTRIAN AND NEIGHBORHOOD SAFETY Program. Grantee is expected tei meet with SANDAG staff to identify relevant pertormance measures and data sources, and provide available data and feedback regarding the program as appropriate. PLANNING GRANTS 1. Contact Information. Grantee must provide SANDAG with contact infonmation 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) of all stakeholder and community meetings and provide agendas and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 22 8-32 Grantee Name: Grant No.. 3. Request for Proposals and Consultant Selection. Grantee must submit consultant draft Request for Proposals to SANDAG staff for review and comment. Consultant proposals must also be submitted to SANDAG for review and comment prior to consultant selection. 4. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 23 8-33 _. _.'.'.- Grantee Name: Grant No.. ATTACHMENT D SAMPLE INVOICE AND QUARTERLY REPORT Invoice Part '1 of 3 TOAfTRANSNET BICYCLE, PEDESTRIAN, & NEIGHBORHOOD SAFETY PROGRAM INVOICE To: CHRISTINE EARY SANDAG 401 8 Street, Suite 800 San Diego, CA 92'lO 1-423'1 Project th'lllle: ME OF GR.A,NT Contruct Number: ######## Clnim Number: fram: NAME ORGANIMTION ADDRESS Grant Invoice Number: Billing Peliod: In....oice Date: . FROM DATE TO co I w -1>0 ;.:.i,_ "li~ :;',;\-;;.;,'t,>i"- ""'ji5:,i: P.RI;Y10LJS, '-,lSTAFFi; ~S_S.t'.jSUL;-TtV.rJ) EXPENDITURES :;~-i';REMAINING,,~.< TOTAE,THIS (fCQSTS{ . :."TD: bATE"~- GAANT"8UDGET 1..)GRANT./' v~,~,. COSTS,g~::,:, '{ :":':neALANCE:"S,, '<INVOICE:':-'; I Description of Task 5 S . $ . S S . S . S . 2 Description of Task S . S $ . S . S S . S 3 Description of Task 5 $ $ . 5 . S . S . 5 4 Description ofTasl~ 5 S $ S . S . 5 . 5 . 5 DesCllptlon of Task 5 S $ $ . 5 5 5 . 6 Descrrpt on of Task 5 5 . . S . S . " . , , 7 Desc iptlon of Task S S . $ S S . S . S . 8 Description of Tas-k 5 -> $ $ $ S $ . 9 Description of Task S . S $ . S $ . S S Description of Task S S $ . S $ . S . $ Total: $ . S . S . $ . $ S S Tota! Current Expendi1ures: [; '.-linuslO% Retention. S Total Amount Due this Invoice [; CERTIFICATION OF GRANTEE I heret1:. certifj that the atJOve costs were Incurred in pEH'/c,rmam:e o( Itle work required under Ule grant and <Ire cOl1sistent wW\ me allln-~Hlts e.'idenceclllj' aita-cl1ed supporting documents and a:~pendltures. Signature Printed Name and Title Date 24 J~~-~-~-- ----~-~------~---~- Grantee Name: Grant No.: Invoice Part 2 of 3 Gmntee: Project: FY10 TDAfTronsNet Bicycle, Pedestrian, & Neighborhood Safety Program Contract No. co I "" U1 I nv{)rce #1 In','olce if.... n.a ce. nvorce H' J_ U3te of lWOlce Uale of InvoICe u.1la OJ inVOice U;Jte of lJwolce D~ Work Complel' Dates of Work COn1nleted Dates of Work Completed Dales of INork Completed Lrne 1 Subtotal .:i . ate S , (j r.GtCFl 'UAG vatch , , Match ItlA,i-JUAG vatcl ask 'I . - - , . . - , , , - Tusk 2 5 - - " , - , , S - y Tosk 3 " - , - - , , , - S - 0 Task 4 , - " " S - S - Task 5 , - - , " S S - Task 6 , - - - , - - , S S Task 7 5 - - - I. > - - S - S - Task 8 , - - 15 S - S - Task 9 " - , , - - S - S - ask 10 5 - - , > - - - , S - S lola - ,- - , S - S rwarca #S IJ','OIce , JIlVCHC:e H !Jute ot InVOice Uate at inVOice Uale at Invorce Unel ~lola D<3tes of I/'lork Comnleted Dates of Work COIllPleled ~ales of Work Com pie led r I .) A' ale) S j %itdl UA(j fIIlatch :J b i ate 1 S' j J (j ~'ale 1 Ilusk 1 I' - - - . 5 - - , - - Task 2 S $ - - - 0 - , S - S - Task 3 , ,1$ - - , - IT" - , S - S - Task 4 S - $ - :s- -IS' - - : > " S - S - Task 5 I> - ~ " " - - - S - S - Task 6 S $ - S - I $ - - 5 - S S Task 7 I' -I> - - 5 - - " S - S - Task 8 S $ - , y - . - " S - $ - Task 9 IS - I " - :ti , - I> - 0 S - S - Task 10 S $ -IS- S . - " S S 010 . - I > -I> - . , , S S 25 Grantee Name: Grant No. SUMr..1Al-{Y 00 I (.oJ C"l tludceled Kem311lll10 SI'.NUAl:i ",lalcl', S.'\f'WAG MatCl1 Task I S - $ 0 $ 0 " 0 '" Task 2 S 0 $ 0 $ 0 s:- o Task 3 S - $ 0 $ 0 S 0 Task 4 S - $ - $ - S - Task 5 S - $ - $ - S 0 task 6 S - $ 0 $ - s 0 Task 7 S $ - $ - S - Task 8 S - $ - $ - S - Task :) S - $ - ~ 0 S 0 ., Task 10 S 0 ~; 0 S 0 S 0 Total S - $ 0 $ - S - 26 1- ------- Grantee Name: Grant No.: Invoice Part 3 of 3 and Quarterly Progress Report INVOICE AND PROGRESS REPORT Project htanager Name Agency Add,ess Telephone COlltract #: Invoice Date: Invoice #: invoice ?enod: (from) {to) Description of Acfivity for Invoke Period T~~k 1 1. Work Accomplished thi:o.lnvoice Period Add description 2. Work Anticip.ated for Next lnvoi-ce Period Add description 3. Chaflenges or Problem~ Experienced ;lnd Actions Tow<<trd Resolution Add description Task 2 1. Worl< Accomplished this :lnvoicePeriod Add description 2. Work Anticipated for Next [nvoice- ~riod Add d escri phon 3. Cha[leng~s or Problems Experienced .oInd Actions Toward Resolution Add description Summary of Progress Task S'Chedu;led Sdteduled Completed Start Next Complete St"rt Date Completion This lnvoice Invoice Next D.te Period'? Period'? Invoice (mark xl (mark xl Period? (mark xl Tas1< 1 Task 2 Task 3 27 8-37 i I I ~__.",Fl':"'1