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
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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.
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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