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HomeMy WebLinkAbout2010-07-13; City Council; 20299; SANDAG GRANT AUDIBLE PEDESTRIAN SIGNALSCITY OF CARLSBAD - AGENDA BILL AB# MTG. 7/13/10 20,299 DEPT. IRAN. APPROVAL OF A GRANT AGREEMENT WITH SANDAG, AUTHORIZATION TO APPROPRIATE FUNDING, AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS, PROJECT NO. 6321-1 DEPT. DIRECTOR^ ^ CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2010-181 approving a Grant Agreement with SANDAG for TDA/TransNet funding, authorizing the appropriation of funds, and authorizing the City Clerk to advertise for bids for the installation of audible pedestrian and countdown pedestrian signals at twenty-one signalized intersections. ITEM EXPLANATION: On May 19, 2009, Council approved Resolution 2009-116 authorizing the City Engineer to file an application for Transportation Development Act/TransNet (TDA/TransNet) funding for the purchase and installation of audible pedestrian and countdown pedestrian signals at twenty-one intersections. Audible pedestrian signals verbally identify the walk signal and provide a verbal countdown for sight impaired pedestrians. Countdown pedestrian signals provide a visual numeric countdown display of the crossing time remaining for pedestrians to cross the street. On June 29, 2009 the SANDAG Board of Directors approved the allocation of FY2010 Transportation Development Act Funds to the City of Carlsbad in the amount of $150,660 for the city to purchase and install audible pedestrian and countdown pedestrian signals at twenty-one existing signalized intersections. SANDAG requires a Grant Agreement executed by the local agency for TDA/TransNet funding allocations which establishes the terms and conditions for SANDAG to provide funding for projects. The Grant Agreement requires Carlsbad to pay for the costs of the project upfront. SANDAG will reimburse the city on a quarterly basis based on the city's submittal of the appropriate documentation of expenses. Staff recommends that the City Council appropriate the $150,660 necessary for the purchase and installation of the audible pedestrian and countdown pedestrian signals at the twenty- one intersections, acknowledging that the funds will be reimbursed by SANDAG. ENVIRONMENTAL IMPACT: The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(c) - minor alteration of existing facilities involving negligible or no expansion. DEPARTMENT CONTACT: Jim Murray 760-602-2734 Jim.Murrav@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION:APPROVED X DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 FISCAL IMPACT: The estimated cost to purchase and install the audible pedestrian and countdown pedestrian signals at the twenty-one existing signalized intersections is $150,660. On June 26, 2009 SANDAG's Board of Directors awarded $150,660 in TDA/TransNet funding for this project. Per the Grant Agreement, the TDA/TransNet funds will be disbursed by SANDAG on a reimbursement basis as eligible project expenditures are made. As such, staff is requesting that $150,660 be appropriated to Project No. 6321-1 to pay for the project costs upfront. All expenditures are fully reimbursable under the Grant Agreement. EXHIBITS: 1. Location Map of the twenty-one signalized intersections. 2. List of the twenty-one signalized intersections. 3. Resolution No. 2010-181 approving a Grant Agreement with SANDAG for TDA/TransNet funding; authorizing the appropriation of funds; and authorizing the City Clerk to advertise for bids for the installation of audible pedestrian and countdown pedestrian signals at the twenty-one signalized intersections. 4. Grant Agreement between SANDAG and City of Carlsbad for TDA/TransNet funding for the installation of audible pedestrian and countdown pedestrian signals. Legend 0 Project Location City of Carlsbad Project Locations Map 3 EXHIBIT 2 LIST OF INTERSECTIONS TO INSTALL AUDIBLE PEDESTRIAN SIGNALS AND COUNT-DOWN PEDESTRIAN SIGNALS FOR TDA/TRANSNET PROJECT FUNDING 1. Carlsbad Blvd. / Grand Ave. 2. Carlsbad Blvd. / C.V.D. 3. Carlsbad Blvd. / Pine Ave. 4. Carlsbad Blvd. / Tamarack Ave. 5. Carlsbad Blvd. / Cannon Rd. 6. Carlsbad Blvd. / Poinsettia Ln. 7. Carlsbad Blvd. / Avenida Encinas 8. Calle Barcelona / R.S.F. Rd. 9. C.V.D. / Monroe St. 10. College Blvd. / Tamarack Ave. (N) 11. College Blvd. / Tamarack Ave. CS) 12. E.C.R./Matron Rd. 13.E.C.R./HospWv. 14. E.C.R./C.V.D. 15. E.C.R. / Tamarack Ave. 16. E.C.R. / Aviara Pkwy. / Alga Rd. 17. La Costa Ave. / R.S.F. Rd. 18. Matron Rd. / Monroe St. 19. Melrose Dr. / Poinsettia Ln. 20. Poinsettia Ln. / El Fuerte St. 21. Poinsettia Ln. / Alicante Rd. T 3 1 RESOLUTION NO. 2010-181 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING A GRANT AGREEMENT WITH SANDAG FOR TDA/TRANSNET FUNDING, 4 AUTHORIZING THE APPROPRIATION OF FUNDS, AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS 5 FOR THE INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS AT TWENTY-ONE 6 SIGNALIZED INTERSECTIONS. 7 WHEREAS, the City Council approved Resolution 2009-116 on May 19, 2009, 8 authorizing the City Engineer to file an application for Transportation Development Act/TransNet 9 (TDA/TransNet) funding for the purchase and installation of audible pedestrian and countdown 10 pedestrian signals at twenty-one existing signalized intersections; and WHEREAS, the SANDAG Board of Directors approved the allocation of FY2010 TDA/TransNet funds on June 29, 2009 to the City of Carlsbad in the amount of $150,660 for the 1 O purchase and installation of audible pedestrian and countdown pedestrian signals at the twenty- one intersections; and15 WHEREAS, the Grant Agreement with SANDAG for the $150,660 grant requires the city16 to pay for the materials and installation costs of the project upfront; and WHEREAS, an appropriation of $150,660 is required to pay for the project costs upfront;1o 19 and 20 WHEREAS, all project costs are completely reimbursable; and 21 WHEREAS, the contract and specifications for furnishing of all labor, materials, tools, 22 equipment, transportation, and other expenses necessary to purchase and install audible 23 pedestrian and countdown pedestrian signals at twenty-one intersections, have been prepared 24 and are on file in the Transportation Department of the City of Carlsbad and are incorporated 25 herein by reference; and 25 WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) 27 per State CEQA Guidelines Section 15301 (c); and 1 WHEREAS, upon City Council appropriation of the $150,660, sufficient funds will be 2 available for the purchase and installation of the audible pedestrian and countdown pedestrian 3 signals. 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 5 California, as follows: 6 1. That the above recitations are true and correct. 2. That the Grant Agreement between SANDAG and the City of Carlsbad for Q TDA/TransNet funding of the purchase and installation of audible pedestrian and g countdown pedestrian signals at twenty-one existing signalized intersections is hereby approved and the Mayor is authorized to execute said agreement. Following the Mayor's execution of said agreement, the City Clerk is directed to 12 forward copies of this resolution and said agreement to Jim Murray in the Traffic 13 Division of the Transportation Department of the City of Carlsbad to forward to 14 SANDAG. 15 3. That the Finance Director is authorized to appropriate $150,660 to Project No. 16 6321-1 for the installation of audible pedestrian and countdown pedestrian 17 signals at twenty-one existing signalized intersections. 18 4. That the specifications and contract documents for the Installation of Audible 19 Pedestrian and Countdown Pedestrian Signals at Twenty-One Signalized 20 Intersections, Project No. 6321-1, are on file in the Transportation Department of 21 the City of Carlsbad and are hereby approved. 22 5. The City Clerk of the City of Carlsbad is hereby authorized and directed to23 publish, in accordance with State law, a Notice to Contractors Inviting Bids for the Installation of Audible Pedestrian and Countdown Pedestrian Signals at Twenty- 4-O One Signalized Intersections, Project No. 6321-1, in accordance with the specifications and contract documents referred herein. 28 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of July, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. LORRAI (SEAL) WA/TRANSNET BICYCLE, PEDESTRIAN, AND NEIGHBORHOOD SAFETY PROGRAM FISCAL YEAR 2010 GRANT AGREEMENT 5001362 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND CITY OF CARLSBAD REGARDING INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS THIS GRANT AGREEMENT NUMBER 5001362 ("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 Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008 (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 Va-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. D. 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 Funding/TDA 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 Funding. F. Grantee successfully applied for BPNSP Funding for the following project: Installation of Audible Pedestrian and Countdown Pedestrian Signals (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. 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 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 H 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 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 are attached hereto as Attachment A. E. BPNSP Funds and Funding. Funding from the TransNet Extension Ordinance for the BPNSP and TDA Funds. F. Grantee. The local jurisdiction that is the recipient of BPNSP Funding under this Agreement. If 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 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 $150,660.00. H. Notice to Proceed means "a written notice from SANDAG issued to Grantee authorizing 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. I. Subgrantee. Any contractor or consultant at any tier paid directly or indirectly with funds flowing from this Agreement for the Project. J. IDA Funds. Article 3 Bicycle and Pedestrian Facilities Programs Funds. Section 2. Project Implementation A. General. 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. 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 Grantee, including but not limited to the Extension Ordinance. 4. Project Schedule. Grantee agrees to complete the Project according to the Project Schedule attached hereto as Attachment A and in compliance with the Use It or Lose It Policy attached hereto as Attachment B. 5. Project Implementation and Oversight. Grantee agrees to comply with the Project Implementation and Oversight Requirements attached hereto as Attachment C. Additionally, if Grantee hires a consultant to carry out professional services funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate (ICE) prior to soliciting proposals, publicly advertise for competing proposals for the work, use cost as an evaluation factor in selecting the consultant, document a Record of Negotiation (RON) establishing that the amount paid by Grantee for the consultant services is fair and reasonable, and pass through the relevant obligations in this Agreement to the consultant. If Grantee hires a contractor to carry out construction services funded under this Agreement, Grantee shall: prepare an 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 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 9, paragraph F of this Agreement regarding amendments to the Scope of Work. B. Significant Participation by a Subgrantee. Although Grantee may delegate any or almost all Project responsibilities to one or more subgrantees, Grantee agrees that it, rather than any subgrantee, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1. Entities Affected. If an entity other than Grantee is expected to fulfill any responsibilities typically performed by Grantee, Grantee agrees to assure that the entity carries out 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 Grantee. Thus, Grantee agrees to use a written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. a. Required Clauses. Grantee agrees to use a written document (such as a subagreement, lease, third-party contract, or other) including all appropriate clauses stating the entity's responsibilities under applicable laws, regulations, or policies. b. Flow/down. 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, 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 Grantee, including any subgrantee, lessee, or third-party contractor at any tier. E. Changes in Project Performance. Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect Grantee's ability to perform the Project in accordance with the terms of the Agreement. Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's interests in the Project and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, Grantee agrees to send each notice to SANDAG required by this subsection to SANDAG's Office of General Counsel. Grantee further agrees to utilize the procedures set forth in the Use It or Lose It Policy attached hereto as Attachment B if it anticipates a delay in performance. F. Standard of Care. Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, the Executive Director, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Grantee or its subgrantees. Section 3. Ethics A. Grantee Code of Conduct/Standards of Conduct. Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagreements, leases, or third-party contracts supported with TransNet Ordinance assistance. Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third-party contractor at any tier or agent thereof. Such a conflict would arise when an employee, officer, council or board member, or agent, including any member of his or her immediate family, partner, or organization that employs or intends to employ any of the parties listed herein has a financial interest in the entity selected for award. Grantee may set de minimis rules where the financial interest is not substantial or the gift is an unsolicited item of nominal, intrinsic value. Grantee agrees that its code of conduct or standards of conduct also shall prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, board members, or their agents, or its third-party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest. Grantee agrees that its code of conduct or standards of conduct shall prohibit Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third-party contract or subagreement supported by BPNSP Funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs or intends to employ any of the parties listed herein has a financial interest in the firm selected for award. 2. Organizational Conflicts of Interest. Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third-party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third-party contractor or subgrantee or impair its objectivity in performing the contract work. B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited, including but not limited to rebates, kickbacks, or other unlawful considerations. SANDAG staff is specifically prohibited from participating in the selection process when that staff has 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 also is 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. 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. Grantee acknowledges and agrees that by executing the Agreement for the Project, 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, Grantee agrees as follows: Grantee and SANDAG have agreed to a Project budget that is designated the "Approved Project Budget." 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 reallocation 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. Grantee agrees that SANDAG's maximum commitment for Project Costs will not exceed the Maximum SANDAG Contribution of $150,660.00. 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 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, 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 Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG will reimburse Grantee's apparent, allowable costs incurred consistent with the Approved Project Budget for the Project. For TDA-funded projects, Grantee is advised that the County of San Diego makes payments on the twentieth (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. 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: 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 Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by Grantee that have the effect of reducing the cost actually incurred, excluding program income); 5. Incurred for work performed after the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG; 6. Satisfactorily documented; 7. Treated consistently in accordance with accounting principles and procedures approved by SANDAG for Grantee (see Section 6 Accounting Records) and with accounting principles and procedures approved by Grantee for its third-party contractors and subgrantees; 8. Eligible for BPNSP Funding as part of the BPNSP; and 9. Expended allowable indirect costs, including overhead, only if Grantee has an approved indirect cost allocation plan and prior written approval has been obtained from SANDAG. D. IDA 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 nonrecreational bicycle trips • Up to 20 percent (20%) of the cost to restripe Class II bicycle lanes • 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 any one 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, pedestrians, and neighborhood safety programs. These funds also may be used for programs that help to encourage the use of bicycles/pedestrians, 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 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. 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. a. 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. b. 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. c. 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. Grantee understands and agrees that payment to Grantee for any Project cost does not constitute SANDAG's final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by Grantee of the terms of the Agreement for the Project. Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that Grantee is not entitled to receive any portion of the BPNSP Funding requested or paid, SANDAG will notify Grantee in writing, stating its reasons. Grantee agrees that Project closeout will not alter 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. Section 6. Accounting Records In compliance with applicable laws, regulations, and policies, Grantee agrees as follows: A. Project Accounts. Grantee agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. Grantee also agrees to maintain all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related, in whole or in part, to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing. Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs Grantee has incurred underlying any payment in which SANDAG has agreed to participate. Section 7. Reporting, Record Retention, and Access A. Types of Reports. Grantee agrees to submit to SANDAG all reports required by laws and regulations, policies, the Agreement, and any other reports SANDAG may specify. B. Report Formats. Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be 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, Grantee agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project, as SANDAG may require. D. Access to Records of Grantees and Subgrantees. Grantee agrees to permit and require its subgrantees to permit SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data and to audit the books, records, and accounts of Grantee and its subgrantees pertaining to the Project. 10 E. Project Closeout. Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. F. Quarterly Reports. It shall be the responsibility of Grantee to advise SANDAG on a quarterly basis of the progress of its work, expenditures incurred, and information regarding whether the Project is projected to be completed within the limits of the Approved Project Budget and Project Schedule. The quarterly progress report shall be submitted in writing to SANDAG. Grantee shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG. This may include progress and final reports, plans, specifications, estimates, or other evidence of attainment of the Agreement objectives that are requested by SANDAG or 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, Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. B Project Closeout. Project closeout occurs when SANDAG notifies Grantee that SANDAG has closed the Project and either forwards the final BPNSP Funding payment or acknowledges that Grantee has remitted the proper refund. 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 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 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 performance of the Project shall provide sufficient grounds for SANDAG to terminate the Agreement for the Project. 11 B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, Grantee shall immediately notify the SANDAG Project Manager and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only, and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date or any rights or remedies provided by this Agreement, including the Use It or Lose It Policy requirements. C. Upon written notice, Grantee agrees that SANDAG may suspend or terminate all or any part of the BPNSP Funding to be provided for the Project if Grantee has violated the terms of the Agreement or if SANDAG determines that the purposes of the laws or policies authorizing the Project would not be adequately served by the continuation of BPNSP Funding for the Project. D. In general, termination of BPNSP Funding for the Project will not invalidate obligations properly incurred by Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that Grantee has willfully misused BPNSP Funding by failing to make adequate progress or failing to comply with the terms of the Agreement, SANDAG reserves the right to require Grantee to refund the entire amount of 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). 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: 12 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 Grantee agrees that Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement without the written consent of SANDAG, which may be withheld for any reason, provided however, that claims for money due to Grantee from SANDAG under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be promptly furnished to SANDAG in writing. Section 12. Project Manager Grantee has assigned Jim Murray 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: 13 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 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. 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 that 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 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 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 Grantee and its subgrantees and their agents, officers, or employees, in performing the work 14 or services herein and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that 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 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, and 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 Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attn: Jim Murray and shall be effective upon receipt thereof. 15 Section 18. Signatures The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS GARY L. GALLEGOS Executive Director CITY OF CARLSBAD TAyib/95-6004793 APPROVED AS TO FORM:APPROVED AS TO FORM: JULIE D. WILEY General Counsel .. I cZZjeLf^ rR. BALL City Attorney 16 ATTACHMENT A APPROVED PROJECT BUDGET, SCOPE OF WORK, AND PROJECT SCHEDULE CAPITAL PROJECT TDA/TRANSNET BICYCLE, PEDESTRIAN, & NEIGHBORHOOD SAFETY PROGRAM BUDGET, SCOPE OF WORK, & SCHEDULE Project: INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS Project Description: Installation of audible pedestrian and countdown pedestrian signals at 21 intersections in the City of Carlsbad Contract Number: none Claim Number: 10011000 In addition to the following, include all detailed Scope of Work milestones that you nay have already submitted to us. Include plan review intervals required fororoject oversight as deliverables. (30/60/907100) Task Deliverables Start Date Completion Date SANDAG Funds Matching Funds Total Feasibility Study N/A Final Design N/A Right-of-way Acquisition N/A Environmental Documentation N/A Award Construction Contract Project Completion Sept. 2010 Nov. 2010 Seot2010 Feb.2011 Total 150.660 150.660 - $ 150,660 150,660 Capital Project Revenues Source TDATransNet Local (specify source): State (soecify source): Federal (soecify source): In-Kind Total FY2010 S150.660 Ss Ss S 150.660 FY2011 S FY2012 S Total S 150.660 S Sss S 150,660 17 FY 2010 TDA/TransNet Project for the Installation of Audible Pedestrian Signals and Count-down Pedestrian Signals at 21 Intersections Scope of Work and Project Schedule Deliverables Receive Grant Agreement from SANDAG Prepare PS & E package to receive bids City Council approval of Agreement, funding & authorization to bid Solicit bids Open & review bid's & select lowest responsible bidder City Council Award of Contract Contract documents returned by contractor Pre-construction meeting Completion Date April and May 20 10 April and May 2010 May 2010 May through July 2010 July 20 1C September 20 10 October 2010 November 20 10 Construction period Complete construction November through February 2011 February 201 1 18 ATTACHMENT B USE IT OR LOSE IT POLICY 1. Project Milestone and Completion Deadlines 1.1. This policy applies to all BPNSP grant funds, whether from TransNet or another source. By signing a grant agreement for the BPNSP, 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 BPNSP. 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 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. 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. 20 3.1.1.4. Construction Schedule. Extensions may be granted when unavoidable construction delays create a conflict with restrictions on construction during certain times of the year (for instance, to avoid nesting season for endangered species). 3.1.1.5. Litigation. Extensions may be granted when a lawsuit has been filed concerning the project being funded. 3.1.1.6. Other. Extensions may be granted due to changes in federal/state policies or laws that can be shown to directly affect the project schedule. 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 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS 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 SANDAG for review and comment at thirty percent (30%), sixty percent (60%), ninety percent (90%), and one hundred percent (100%). SANDAG staff may meet with Grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: • whether they are consistent with the project proposed in the original grant application; and • consistency with accepted pedestrian/bicycle facility and smart growth design standards. 4. Quarterly Reports: Grantee must submit quarterly reports to SANDAG detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 5. Performance Monitoring: SANDAG staff may measure performance of the constructed capital improvements against stated project objectives and evaluate the overall BPNSP. 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) 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 3. Request for Proposals and Consultant Selection. Grantee must submit consultant draft Request for Proposals to SANDAG staff for review and comment. Consultant proposals also must 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 ATTACHMENT D SAMPLE INVOICE AND QUARTERLY REPORT Invoice Part 1 of 3 TDAmJANSNET BICYCLE, PEDESTRIAN, & NEIGHBORHOOD SAFETY PROGRAM INVOICE To: CHRISTINE EARY SANDAG 401 B Street, Suite 800 San Diego, CA 92101-4231 From: NAME ORGANIZATION ADDRESS Project Name: ME OF GRANT Contract Number: KltHHUItHtt Claim Number: Grant Invoice Number: # Billing Period: FROM Invoice Date: DATE PROJECT TASK 1 2 3 4 5 6 7 8 9 Description of Task Description of Task Description of Task Description of Task Description of Task Description of Task Description of Task Description of Task Description of Task Description of Task |Total: GRANT BUDGET Ss Ssss ssss$ PREVIOUS GRANT S Ssssssssss Tt STAFF COSTS S$$$s $$ssss CONSULTANT COSTS Ssssssssss$ Tota! Current Expenditures: Minus 10% Retention: jtal Amount Due this Invoice: EXPENDITURES TO DATE S Sssssssss$ REMAINING BALANCE S Ssssssss £ S sss TOTAL THIS INVOICE S Ssssssssss CERTIFICATION OF GRANTEE I hereby certify that the alxive costs were incurred in performance of the work required under the grant and are consisten! with the amounts evidenced by altacned supporting documents ana expenditures. Signature Printed Name and Title Date 24 Invoice Part 2 of 3 Grantee: Project: FYlOTDAfTransNet Bicycle, Pedestrian. & Neighborhood Safety Program Contract No. c Invoice #1 | Invoice *2 Date of Invoice 1 Date of Invoice ates of Work Completq Dates of Work Compieted IsANDAS IMatch ISANDAG Task 1 Task 2 Task 3 Task 4 TaskS Task 6 Task 7 TaskS Task 9 Task 10 Total 5 S S S s s s 5 5 S 5 S 5 is $ ss $ s s s $ $ $ $s s ssss $ Match S S S S 5 5 5 S S Ss Invoice #3 Date of Invoice Dates of Work Completed SANDAG S S s s s s s s s s s Match S s s 5 5 5 5 S S S 5 Invoice #4 Date of Invoice Dates of Work Completed SANDAG S S S $ $ $ $ $ S $ $ Match S S S S S Ss 5 S S S Line 1 Subtotal SAfloAS S s ss sss s sss Match S S ss sss s sss I^Line 1 Subtotal Invoice *b Date of Invoice Dates of Work Completed ISAMfiA'STMatch ISANDAG Task 1 Task 2 TaskS Task 4 TaskS Task 6 Task 7 TaskS Task 9 Task 10 Total 5 S S S S S S S S S s $ $s $ s $s $ $ $s $ $ *$ $ $ $ S S $ $ vlatch S S s s s s s s s s s Invoice #6 Date of Invoice Dates of Work Completed SANDAG S S S S Sss 5 S S s Match 5 5 S $ Ss $ 5 $ S s Invoice $1 Date of Invoice Dates of Work Completed SANDAG $ S 3> J J $ J $ J 5 $ Match S S 5 S S S S S S S S t-YlD SANDAG ssss sss sss $ Match S S S S S S S $ ss s 25 SUMMARY Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task/ TaskS Task9 Task 10 Total Budg SAN DAG Ss Ss ss ss sss eted Match $ $ S $ $ S S S ss s Remaining SA"RBA<5 $$ $$ $$ $$ss s Match S S S S S S sssss 26 Invoice Part 3 of 3 and Quarterly Progress Report INVOICE AND PROGRESS REPORT Project Manager Name Agency Address Telephone Contract #: Invoice Date: Invoice #:Invoice Period: (from) (to) Description of Activity for Invoice Period Task"! 1. Work Accomplished this Invoice Period Add description 2. Work Anticipated for Next Invoice Period Add description 3. Challenges or Problems Experienced and Actions Toward Resolution Add description Task 1. Work Accomplished this Invoice Period Add description 2. Work Anticipated for Next Invoice Period Add description 3. Challenges or Problems Experienced and Actions Toward Resolution Add description Summary of Progress Task Task 1 Task 2 Task 3 Scheduled Start Date Scheduled Completion Date Completed This Invoice Period? (mark x) Start Next Invoice Period? (mark x) Complete Next Invoice Period? (mark x) 27 Amendment ffo. tr to SAltlDAG Agreement Ho, 580t36l l. Amendnrcnt Summary Contract No.: 5901363 Amendment No: 1 (onsuftant €ity of Carlchad Work Description: lnstallatton of Audlble & Countdown Pedestrian Signals A. This Amendment Only {Reulstonsl E, Orlglnal Agreamant D. Revlsod (Totafl Anrended Agrearnent Besipipn*.tq;€hqpae.$rte Sefe,Yv I Terms & Conditions {T&C} il Scope of Work (SOW il soth fracl pnd {soW} Armounfi $150,560 Vo Over Original Amount; (D-B)rB% flscope End Oate: 2l2WI1 C- Csment Agreamant* f] nnax^ nmt.Amount $tistAmount Amot"rlt: $150,660 Amount: $150,660 ffil rxp" Date End Date: 7131111 End Date: U28lX1 End Date: 7l3ll1l " Thls lrclu,des ortginal agreemvnt and all previously apprcved arnendments ll, $tsndErd Frtrvislsne A" Under the Agreement identified by the Confiact Nurnber in Article I and any previous amendments thEreto (referred ts herein es "Agreement") between San Diego Association of Governments ("5Af,lDA6') and Contractor/Consuhant identified in Article I of this Amendment {referred to herein as "(onsultant"}, (onsultant provides brief work derription, as slnown in Article l, to SANbAG. 8. €onsultant shall remain bound to the terms of the Agreement, except ts the ertent the terms of this Amendment csnfliet with the Agreernent or a previour amendment, in whiqtr care this Arnendment shatrl supersede, Nothing in this Amendment relieves tfie Consultant of its obligation to perform as required by the Agreernent or any previous amendment untees expressly stated hereln. lll. Agreement Revlsiqns (Sae Articla l.A - A.nrand,rnent gummaryn if appltwblal A, Scope of Work lf the Scope box is not selected irn Artide t.4 there rhall be no change to the scope of the Agreement. [f the Scope box is selected in Article LA, SAftBA€ and Consultant agree that the $cop€ of work shall be amended ac rummarized in Artide [,A. tf applieeble, these revisions are descrlb€d ag shown in Attachment A ts-this Amendrnent, B. €Estr lf the Maximurn Amoun{ bos is not selected in Articte LA, there shall be no change to the maximum Emount of the Agreement. lf the Ma:cimurn Amount box is seleded in Artic0e l.A, then; '1. SAhSSAG and Conrultant agree that the rnaximum arnoqrnt qf the Agreentent shall be revised. The revised nraxirnurn smount is surnrnarieed in ,Article LA. ff applicable, the revised payment amounts are shown in Afiachrnent B to thio Arnendment. 2. The total amount payable under tl'li* Agreement shal$ not exceedl the arnount sho$rn in Articte 1.D., whdctt i,ncludes hoth the Agreement and thig Arnerrdmenfs revision, Page I of 2 C-7O715 - Rev OEl0O9 The perso4s below .?H,uaavor- Agreernent No.; 5001 36? Amendrnent No"; 1 C. Scheduleof Servite#Mileg'tones/Deliverebles tf the Expiration box is not selested in Article l.& there shall be no change to the termination date of the Agreernent" lf ttre Schedule box is selected in Article LA, 5ANDA6 and Consultant agree that the termination date and/or schedule of this Agreement shall be revised and the terrninatlon date ldenti{ied as "End Date" in Adicle l.D, shal[ be the terrnination date. Consuttant rhall not be paid fsr wcrk performed after the termination date. $f applicable, the revised proiect sc$redule is ar shown ln Afiachment C to this Amendment, lV- 9lgnoturer This Arnendment may be executed and delivered by facsim$le signature and a facsirnile signature strNall be treated at 8n oriEinal. Th,iE Amendment may be executed in rounterpoftf, each of rrufrich shall be deerned an original. but all of whic$r together shall constitute one and the same Ar,rrendntent. lN WITFIESS WHEREOF, this A.mendment lras been executed under the provisions of the Agreement between SANDAG and Const.rltant. By signireg below, the parties hereto agree that all terms and conditions of this Amendment and the Agreement and any previous amendments straln be in fuflforce and effect. that thev are authorized to execute this A,mendrnent and have executed it effective ac of thisOril . zo1t. Approved as to form and legallty: Attachments: 5cope of Work (Attarhment A) FaymenG (Attachment A) Schedule (Attachment A) nn m 5A&I DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CARL5BAD Page ? of Z C-787'15 * Rev 06loog ATTAGIHIEilST A TO ASIIENDMEilT ['IO. 1 TO 5AHDA6 AGfrEEIIIIEffT iNO. 5OO15SA ,Attachment A (Project Budget, Scope of Work, and Project Scfledule) is hereby annended to extend the proJect cornpf etion date from 2t28n01n to 781/2011. Proiect Completion wifl be extended by five (5) menths' Tttls project schedule extension does not ca{Jse the Grantee to miss a n'lilestone in "Use lt or Lose lt" policy (Attachment B to Agreement) Section 1.1.1. As per "Use lt or l-ose lt' policy Section 3.1, beginning on 713112811 the Grantee has seven (7) months aggregate remaining for further prqect schedule extenslons. Any future project schedute extensions beyond seven (71 rnonths aggregate must be approved by the Regiona0 Flanning Committee. TCIA/TRAN$&lrr HCy€rE, ptrDf;sTfttA$" & h|E|G}SBORHOOD SAFETY pnOGfiAM BUD6ET, SC6pE SF WORK, & SCI€EDUIE Prqiect: tnttallatisn of oudlble pedestrian and countdown pedestrian signals at 21 inters€etions in the CitV of Csrlshac! Contract Number: SOOX362 Claim Nurnber: 1.0011CIO0 Tesk tlclfverahles Start Dete End Eate SANDAG Funds Metch$ng funds Total Feaslbility $tudV N/A Sinaltrerign hUA Right-erf-Way Acguisition ftl/A EnvironmentalOocumentation N/A Award Canstrsctisn CCIntract 31-Jan-11 28-Feb-11 ProJect Cornpletion !"-fi#ay-ll 3tr-JuN"L1 5150.660 150660 T0TAI $150,660 $O $150,660 Capltsl Frolect Reuenues Source rv2u10 FYto11 FYTOIZ Total TDA $150,560 5150,660 nevls€d scop€ {tf worlr 8nd Schedule Dellverahleo Csrnpletldn Date Receive €rant Agreement frorur SANDAG ?3-Jul-10 Prepare PS & E package to recelve bids .tulv to Au*ust 2OX0 City Council approval of Agreement, unding & authorlzation to hld Nov-10 Solicit bids Noverrtber & CIeccrnber 2S10 Open & revlew blds & seiect lowest responsible btdder .[an-Xn CiW eouneil awards Contract Feb-11qontraqt docum€nts retl.rrned by controctor Feb-l1 Construction perlod February to JulV Z01X Complete csnstrueti€n 3t-Jul-1X e-7O7I5 - Rev O3!8O8