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Home My WebLink About2011 CON SANDAG - 8th Street Corridor Smart Growth Revitalization Project - Amendment #1Amendment No. 1 to SANDAG Agreement No. 5001347 I. Amendment Summary Contract No.: 5001347 Amendment No: 1 Consultant: City of National City Work Description: Eighth Street Corridor Smart Growth Revitalization A. This Amendment Only (Revisions) B. Original Agreement D. Revised (Total) Amended Agreement Revisions to: I Choose One Below Amount: $2,000,000 End Date: 2/28/12 C. Current Agreement* Amount: $2,000,000 End Date: 2/28/12 0 er o Original Amount: (D-B)/B% Amount: $2,000,000 End Date: 2/28/13 iI Terms & Conditions (T&C) 4 Scope ❑ Scope of Work (SOW) ❑ Both (T&C) and (SOW) ❑ Max. Amt. Amount: $List Amount ►1 Exp. Date End Date: 2/28/13 * This includes original agreement and all previously approved amendments II. Standard Provisions A. Under the Agreement identified by the Contract Number in Article I and any previous amendments thereto (referred to herein as "Agreement") between San Diego Association of Governments ("SANDAG") and Contractor/Consultant identified in Article I of this Amendment (referred to herein as "Consultant"), Consultant provides brief work description, as shown in Article I, to SANDAG. B. Consultant shall remain bound to the terms of the Agreement, except to the extent the terms of this Amendment conflict with the Agreement or a previous amendment, in which case this Amendment shall supersede. Nothing in this Amendment relieves the Consultant of its obligation to perform as required by the Agreement or any previous amendment unless expressly stated herein. III. Agreement Revisions (See Article I.A — Amendment Summary, if applicable) A. Scope of Work If the Scope box is not selected in Article I.A, there shall be no change to the scope of the Agreement. If the Scope box is selected in Article I.A. SANDAG and Consultant agree that the scope of work shall be amended as summarized in Article I.A. If applicable, these revisions are described as shown in Attachment A to this Amendment. B. Costs If the Maximum Amount box is not selected in Article I.A, there shall be no change to the maximum amount of the Agreement. If the Maximum Amount box is selected in Article I.A, then: 1. SANDAG and Consultant agree that the maximum amount of the Agreement shall be revised. The revised maximum amount is summarized in Article I.A. If applicable, the revised payment amounts are shown in Attachment B to this Amendment. 2. The total amount payable under this Agreement shall not exceed the amount shown in Article I.D., which includes both the Agreement and this Amendment's revision. C-70715 — Rev 061009 Page 1 of 2 Agreement No.: 5001347 Amendment No.: 1 C. Schedule of Services/Milestones/Deliverables If the Expiration box is not selected in Article I.A, there shall be no change to the termination date of the Agreement. If the Schedule box is selected in Article I.A, SANDAG and Consultant agree that the termination date and/or schedule of this Agreement shall be revised and the termination date Identified as "End Date" in Article I.D, shall be the termination date. Consultant shall not be paid for work performed after the termination date. If applicable, the revised project schedule is as shown in Attachment C to this Amendment. IV. Signatures This Amendment may be executed and delivered by facsimile signature and a facsimile signature shall be treated as an original. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment. IN WITNESS WHEREOF, this Amendment has been executed under the provisions of the Agreement between SANDAG and Consultant. By signing below, the parties hereto agree that all terms and conditions of this Amendment and the Agreement and any previous amendments shall be in full force and effect. The persons below assert that they are authorized to execute this Amendment and have executed it effective as of this day of /l')/9—j 2011. SAN DIEGO ASSOCIATION OF GOVERNMENTS GARY L. GALLEGOS Executive Director Approved as to form and legality: Attachments: ® Scope of Work (Attachment A) ❑ Payments (Attachment A) ® Schedule (Attachment A) Approved as to form and legality: Page 2 of 2 Date Office Of Gener. ❑ No Att.�ents City City of Nation.)] ity CITY OF NATIONAL CITY RON MORRISON Mayor VW( 661-f-fa-ri unsel Date 13, 2011 Date C-70715 — Rev 061009 ATTACHMENT A TO AMENDMENT NO. 1 TO SANDAG AGREEMENT NO. 5001347 Attachment A is hereby amended to extend the completion date of the project by twelve (12) months from 2/28/12 to 2/28/13. The project schedule extension and the revised construction contract award dates (Tasks 5a and 9) do not cause the Grantee to miss a milestone in the "Use -It -or -Lose -It" policy (Attachment B to the Agreement). However, any further project schedule extensions would exceed the maximum allowable under "Use -It -or -Lose -It" policy Section 2.1 and must be approved by the Regional Planning Committee. The Scope of Work is hereby amended with the addition of "Task 5a. Award Construction Contract for Phase 1" and modified dates for Tasks 2 & 4 through 10. Justification: • Task 2 (utility undergrounding) required more time than anticipated. The utility undergrounding construction plans prepared by SDG&E (Task 2) were insufficient for bidding purposes. City staff executed a change order to have consultant prepare more comprehensive plans. • This delayed award of a construction contract for Phase 1 (Task 5a). For Section 5 (PAYMENT), REVISE by the addition of subsection (C)(9) to read as follows: "Expended allowable indirect costs, including overhead, only if the Grantee has an approved indirect cost allocation plan and prior written approval has been obtained from SANDAG." C-70715 — Rev 032808 REVISED SCOPE OF WORK, PROJECT BUDGET, AND PROJECT SCHEDULE -ORIGINAL DATES SHOWN IN STRIKETHROUGH Task Deliverables Start Date Completion Date SANDAG Funds Matching Funds Total 1. Execute grant agreement Grant agreement July 2009 January 2010 2. Prepare construction plans for utility undergrounding (SDG&E) u 100 /o plans January 2010 June 2010 August 2011 3. Prepare construction plans for remaining project improvements (50%) 50% plans March 2010 July 2010 $120,000 $120,000 4. Conduct public workshop Meeting notification & summaries October 2010 May-2040 October 2010 $5,000 $5,000 5a. Award Construction Contract for Phase 1 City council resolution August 2011 NEW September 2011 5b. Utility undergrounding construction Notice of completion October 2011 February 2011 May 2012 $1,000,000 $1,000,000 6. Public presentation (Phases 1 & 2) Meeting notification & summaries July 2010 August 2010 September 2011 $5,000 $5,000 7. Prepare construction plans & specs for remaining project improvements (90%) 90% plans & specs August 2010 December 2010 August 2011 $120,000 $120,000 8. Prepare construction plans & specs for remaining project improvements (100%) 100% plans & specs September 2011 February 2010 December 2011 $45,000 $45,000 9. Award construction contract for Phase 2 City council resolution November 2011 April 2011 December 2011 $5,000 $5,000 10. Construction for remaining project improvements Notice of completion February 2012 February 2012 February 2013 $2,000,000 $200,000 $2,200,000 TOTAL $2,000,000 $1,500,000 $3,500,000 C-70715 — Rev 032808 RESOLUTION NO. 2011 — 95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 FOR A ONE-YEAR EXTENSION TO SANDAG TRANSNET SMART GROWTH INCENTIVE PROGRAM GRANT AGREEMENT NO. 5001347 FOR THE 8TH STREET CORRIDOR SMART GROWTH REVITALIZATION PROJECT WHEREAS, on January 19, 2010, the City Council adopted Resolution No. 2010- 13 authorizing the Mayor to execute TransNet Smart Growth Incentive Program Grant Agreement No. 5001347 with SANDAG for the 8th Street Corridor Smart Growth Revitalization Project (the "Project"); and WHEREAS, the Project includes traffic calming and streetscape improvements along 8th Street from Harbor Drive to D Avenue to enhance safety and access for pedestrians, improve connectivity and walkability to the 8th Street Trolley Station, reduce vehicle speeds, and revitalize the corridor to encourage Smart Growth Redevelopment; and WHEREAS, a significant portion of the Project, which is funded by Rule 20A, involves undergrounding the overhead utilities on 8th Street between National City Boulevard and Highland Avenue; and WHEREAS, to accommodate the final design and construction, a one-year extension to February 28, 2013, is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 1 to SANDAG TransNet Smart Growth Incentive Program Grant Agreement No. 5001347 for a one-year extension to February 28, 2013, for the final design and construction of the 8th Street Corridor Smart Growth Revitalization Project. PASSED and ADOPTED this 3rd day of May, 2 on Morrison, Mayor ATTEST: Michael R. Della, City Clerk PROVED S TO FORM: udia G. City Attorn Passed and adopted by the Council of the City of National City, California, on May 3, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City CI rk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-95 of the City of National City, California, passed and adopted by the Council of said City on May 3, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 9 TEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute Amendment No. 1 for a one year extension to the SANDAG TransNet Smart Growth Incentive Program Grant (SGIP) Agreement No. 5001347 for the 8th Street Corridor Smart Growth Revitalization Project PREPARED BY: Stephen Manganiello, Traffic Engineer DEPARTMENT: Development Services / PHONE: 619-336-4382 APPROVED BY: E -' % " - -' • EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: No financial impact with the extension of this Agreement for one year. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: dim Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: . Explanation z. Resolution 3. Amendment No. 1 to Grant Agreement Explanation On January 19, 2010, per Resolution No. 2010-13, City Council authorized the Mayor to execute a TransNet Smart Growth Incentive Program Grant Agreement (No. 5001347) with SANDAG in the amount of $2 million for the 8th Street Corridor Smart Growth Revitalization Project. The project includes traffic calming and streetscape improvements along 8th Street from Harbor Drive to D Avenue to enhance safety and access for pedestrians, improve connectivity and walkability to the 8th Street Trolley Station, reduce vehicle speeds, and revitalize the corridor to encourage Smart Growth Redevelopment. The project will be extended to Highland Avenue via a Safe Routes to School grant. A significant portion of the project, which is funded by Rule 20A, involves undergrounding the overhead utilities on 8th Street between National City Boulevard and Highland Avenue. In order to accommodate final design and construction staff requested a 1 year extension from SANDAG, which will be approved upon execution of Amendment No. 1 to the grant agreement. Therefore, staff requests City Council approval and authorization for the Mayor to execute Amendment No. 1 to the grant agreement. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 FOR A ONE-YEAR EXTENSION TO SANDAG TRANSNET SMART GROWTH INCENTIVE PROGRAM GRANT AGREEMENT NO. 5001347 FOR THE 8TH STREET CORRIDOR SMART GROWTH REVITALIZATION PROJECT WHEREAS, on January 19, 2010, the City Council adopted Resolution No. 2010- 13 authorizing the Mayor to execute TransNet Smart Growth Incentive Program Grant Agreement No. 5001347 with SANDAG for the 8th Street Corridor Smart Growth Revitalization Project (the "Project"); and WHEREAS, the Project includes traffic calming and streetscape improvements along 8th Street from Harbor Drive to D Avenue to enhance safety and access for pedestrians, improve connectivity and walkability to the 8th Street Trolley Station, reduce vehicle speeds, and revitalize the corridor to encourage Smart Growth Redevelopment; and WHEREAS, a significant portion of the Project, which is funded by Rule 20A, involves undergrounding the overhead utilities on 8th Street between National City Boulevard and Highland Avenue; and WHEREAS, to accommodate the final design and construction, a one-year extension to February 28, 2013, is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 1 to SANDAG TransNet Smart Growth Incentive Program Grant Agreement No. 5001347 for a one-year extension to February 28, 2013, for the final design and construction of the 8th Street Corridor Smart Growth Revitalization Project. PASSED and ADOPTED this 3rd day of May, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Amendment No. 1 to SANDAG Agreement No. 5001347 I. Amendment Summary Contract No.: 5001347 Amendment No: 1 Consultant: City of National City Work Description: Eighth Street Corridor Smart Growth Revitalization A. This Amendment Only (Revisions) B. Original Agreement D. Revised (Total) Amended Agreement Revisions to: Choose One Below Amount: $2,000,000 End Date: 2/28/12 C. Current Agreement* Amount: $2 000,000 End Date: 2/28/12 Over Original Amount: (D-B)B% Amount: $2,000,000 End Date: 2/28/13 ® Terms & Conditions (T&C) ® Scope Scope of Work (SOW) ❑ Both (T&C) and (SOW) II Max. Amt. Amount: $List Amount ® Exp. Date End Date: 2/28/13 This includes original agreement and all previously approved amendments 11. Standard Provisions A. Under the Agreement identified by the Contract Number in Article I and any previous amendments thereto (referred to herein as "Agreement") between San Diego Association of Governments ("SANDAG") and Contractor/Consultant identified in Article I of this Amendment (referred to herein as "Consultant"), Consultant provides brief work description, as shown in Article I, to SANDAG. B. Consultant shall remain bound to the terms of the Agreement, except to the extent the terms of this Amendment conflict with the Agreement or a previous amendment, in which case this Amendment shall supersede. Nothing in this Amendment relieves the Consultant of its obligation to perform as required by the Agreement or any previous amendment unless expressly stated herein. III. Agreement Revisions (See Article LA - Amendment Summary, if applicable) A. Scope of Work If the Scope box is not selected in Article I.A, there shall be no change to the scope of the Agreement. If the Scope box is selected in Article LA, SANDAG and Consultant agree that the scope of work shall be amended as summarized in Article I.A. If applicable, these revisions are described as shown in Attachment A to this Amendment. B. Costs If the Maximum Amount box is not selected in Article LA, there shall be no change to the maximum amount of the Agreement. If the Maximum Amount box is selected in Article I.A, then: 1. SANDAG and Consultant agree that the maximum amount of the Agreement shall be revised. The revised maximum amount is summarized in Article I.A. If applicable, the revised payment amounts are shown in Attachment B to this Amendment. 2. The total amount payable under this Agreement shall not exceed the amount shown in Article LD., which includes both the Agreement and this Amendment's revision. Page 1 et 2 C-70715 - Rev 061009 1 Agreement No.: S001347 Amendment No.: 1 C. Schedule of Services/Milestones/Deliverables If the Expiration box is not selected in Article I.A, there shall be no change to the termination date of the Agreement. If the Schedule box is selected in Article I.A, SANDAG and Consultant agree that the terrnination date and/or schedule of this Agreement shall be revised and the termination date Identified as "End Date" in Article LD, shall be the termination date. Consultant shall not be paid for work performed after the termination date. If applicable, the revised project schedule is as shown in Attachment C to this Amendment. IV. Signatures This Amendment may be executed and delivered by facsimile signature and a facsimile signature shall be treated as an original. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment. IN WITNESS WHEREOF, this Amendment has been executed under the provisions of the Agreement between SANDAG and Consultant. By signing below, the parties hereto agree that all terms and conditions of this Amendment and the Agreement and any previous amendments shall be in full force and effect. The persons below assert that they are authorized to execute this Amendment and have executed it effective as of this day of 2011. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF NATIONAL CITY GARY L. GALLEGOS Date RON MORRISON Executive Director Mayor Approved as to form and legality: Attachments. ® Scope of Work (Attachment A) ❑ Payments (Attachment A) ® Schedule (Attachment A) Date Office Of General Counsel Date ❑ No Attachments C-70715 - Rev 061009 Page 2 of 2 2 ATTACHMENT A TO AMENDMENT NO. 1 TO SANDAG AGREEMENT NO. 5001347 Attachment A is hereby amended to extend the completion date of the project by twelve (12) months from 2/28/12 to 2/28/13. The project schedule extension and the revised construction contract award dates (Tasks 5a and 9) do not cause the Grantee to miss a milestone in the "Use -It -or -Lose -It" policy (Attachment B to the Agreement). However, any further project schedule extensions would exceed the maximum allowable under "Use -It -or -Lose -It" policy Section 2.1 and must be approved by the Regional Planning Committee. The Scope of Work is hereby amended with the addition of "Task 5a. Award Construction Contract for Phase 1" and modified dates for Tasks 2 & 4 through 10. Justification: • Task 2 (utility undergrounding) required more time than anticipated. The utility undergrounding construction plans prepared by SDG&E (Task 2) were insufficient for bidding purposes. City staff executed a change order to have consultant prepare more comprehensive plans. • This delayed award of a construction contract for Phase 1 (Task 5a). For Section 5 (PAYMENT), REVISE by the addition of subsection (C)(9) to read as follows: "Expended allowable indirect costs, including overhead, only if the Grantee has an approved indirect cost allocation plan and prior written approval has been obtained from SANDAG." C-70715 - Rev 032808 3 REVISED SCOPE OF WORK, PROJECT BUDGET, AND PROJECT SCHEDULE -ORIGINAL DATES SHOWN IN STRIKETHROUGH Task Deliverables Start Date Completion Date SANDAG Funds Matching Funds Total 1. Execute grant agreement Grant agreement July 2009 January 2010 2. Prepare construction plans for utility undergrounding (SDG&E) 100% plans January 2010 June 2010 August 2011 9 3. Prepare construction plans for remaining project improvements (50%) 50% plans March 2010 July 2010 $120,000 $120,000 4. Conduct public workshop Meeting notification & summaries October 2010 May 2010 October 2010 $5,000 $5,000 5a. Award Construction Contract for Phase 1 City council resolution August 2011 NEW September 2011 5b. Utility undergrounding construction Notice of completion October 2011 February 2011 $1,000,000 $1,000,000 May 2012 6. Public presentation (Phases 1 & 2) Meeting notification & summaries July 2010 August 2010 $5,000 $5,000 September 2011 7. Prepare construction plans & specs for remaining project improvements (90%) 90% plans & specs August 2010 December 2010 $120,000 $120,000 August 2011 8. Prepare construction plans & specs for remaining project improvements (100%) 100% plans & specs September 2011 February 2010 December 2011 $45,000 $45,000 9. Award construction contract for Phase 2 City council resolution November 2011 April 2011 $5,000 $5,000 December 2011 10. Construction for remaining project improvements Notice of completion February 2012 February 2012 $2,000,000 $200,000 $2,200,000 February2013 TOTAL $2,000,000 $1,500,000 $3,500,000 C-7071 5 — Rev 032808