HomeMy WebLinkAbout2012 CON SANDAG - 18th Street Community Corridor ProjectNOTE TO FILE
09-16-14
IN THE MATTER OF: Resolution of the City Council of the City of
National City authorizing the filing of an application for Active
Transportation Grant Program funds through the San Diego
Association of Governments (SANDAG) for the 18th Street
Community Corridor Project in the amount of $700,000,
committing to a local match of $300,000 for a total project cost
of $1,000,000, accepting the terms of the Grant Agreement, and if
awarded the grant, authorizing the city manager to accept the
grant funds and execute the Grant Agreement. Please note the
following:
NO FULLY EXECUTED ORIGINAL GRANT AGREEMENT
WAS FILED WITH THE OFFICE OF THE CITY CLERK
ORIGINATING DEPARTMENT:
NTF
_ CDC _ Housing & Grants
City Attorney Human Resources
City Manager _ MIS
Community Svcs. _ Planning
X Engineering Police
Finance Public Works
Fire
FOR INFORMATION ONLY - DO NOT FILL OUT
TDA/TRANSNETACTIVE TRANSPORTATION GRANT PROGRAM
FISCAL YEAR 2011 - 2012
GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND
[INSERT AGENCY/JURISDICTION NAME]
REGARDING [INSERT FULL PROJECT TITLE]
THIS GRANT AGREEMENT [AGREEMENT NUMBER] ("Agreement") is made this [Day] day of
[Month], 2012, by and between the San Diego Association of Governments (hereinafter referred to
as "SANDAG"), 401 B Street, Suite 800, San Diego, California, and the [Grant Recipient and Address]
(hereinafter referred to as "Grantee"). This agreement expires on [Month] [Day], [Year].
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 TransNet1 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 funding began on July 1, 2008.
C. The BPNSP is commonly referred to, herein, as the "Active Transportation" grant program
(AT). Active Transportation encompasses bicycle and pedestrian travel and recognizes the
comprehensive effort to integrate smart growth place making, access to transit and
environmental justice.
The SANDAG Board of Directors also approved programming of approximately $[insert new
updated amount for the call for project which generated THIS grant award/agreement]
million in Transportation Development Act, Article 3, Bicycle and Pedestrian Facilities and
Programs (TDA Funds) on [insert new future date when BOD approved action described in
this recital] by Resolution Number [insert Reso number].
D. On [insert updated future date], SANDAG issued a Call for Projects from local jurisdictions in
San Diego County wishing to apply for a portion of the AT Funding/TDA Funds for use on
capital improvement and planning projects meeting certain criteria.
E. Both AT Funding and TDA funds were eligible funding sources for the AT (AT Funding).
F. Grantee successfully applied for AT Funding for the following project: [Insert Project
Name/Description] (hereinafter referred to as the "Project"). The scope of work, schedule,
and budget for the Project is attached as Attachment A.
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G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to
provide Grantee with funding to implement the Project.
Contracts Staff: Before finalizing this agreement for internal SharePoint routing
please obtain from SANDAG Finance and Planning staff both the TDA / Extension
Ordinance funding amounts and the TDA Claim Number and/or TransNet MPO ID
required to complete Recital H, below. Thank you.
H. Grantee's Project is funded with [insert dollar values for either or both TDA and Extension
Ordinance funding, e.g. $182,000 in TDA funds and $268,000) in Extension Ordinance funds].
TDA Claim Number TransNet MPO ID
I. Although SANDAG will be providing financial assistance to Grantee to support the Project,
SANDAG will not be responsible for Project implementation or hold any substantial control of
the Project.
NOW, THEREFORE, it is agreed as follows:
Section 1. Definitions
A. Application. The signed and dated grant application, including any amendment thereto,
with all explanatory, supporting, and supplementary documents filed with SANDAG by or on
behalf of the Grantee and accepted or approved by SANDAG. All of Grantee's application
materials, not in conflict with this Agreement, are hereby incorporated into this Agreement
as though fully set forth herein.
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 written permission. Except to the extent that SANDAG determines
otherwise in writing, such approval, authorization, concurrence, or waiver permitting the
performance or omission of a specific action does not constitute permission to perform or
omit other similar actions. An oral permission or interpretation has no legal force or effect.
(See also Notice to Proceed, below at paragraph I in this Section 1.)
D. Approved Project Budget. The most recent statement of the costs of the Project, the
maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the
specific tasks (including specific contingencies) covered, and the estimated cost of each task,
that has been approved by SANDAG. The Approved Project Budget is attached hereto as a
section of Attachment A.
E. BPNSP Funds and Funding. Funding from the TransNet Extension Ordinance for the Bicycle,
Pedestrian, and Neighborhood Safety Program and Transportation Development Act (TDA)
Article 3 Funds.
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F. Grantee. The local jurisdiction that is the recipient of BPNSP Funding under this Agreement.
If the Grantee enters into agreements with other parties to assist with the implementation of
the Project, each participant in, member of, or party to that agreement is deemed a
"subgrantee" and for purposes of compliance with applicable requirements of the
Agreement for its Project will be treated as a Grantee.
Note to SANDAG Contracts Staff: Please complete Section G. "Maximum
Percentage of SANDAG Participation" only if grantee committed
matching funds in its grant application. If grantee did not commit
matching funds in its application, please delete Section G, and adjust
the Section letters, below, accordingly. If grantee did commit matching
funds, please delete Paragraph G, and complete Paragraph H, below.
After selecting either Paragraph G or H, below, please adjust the
remaining Paragraph letters accordingly. Thank you.
G. Maximum Percentage of SANDAG Participation. Grantee submitted an application and
was evaluated based on its representation that it would provide matching funds for the
Project. Grantee agrees to provide _% of the Approved Project Budget as matching funds
from resources other than the TransNet or TDA funds. Therefore, the maximum percentage
that SANDAG will pay Grantee for amounts invoiced under this Agreement is _%, or $,
whichever is the lesser of these two amounts.
H. Maximum SANDAG Contribution. Grantee submitted an application and was evaluated
based on its representation that it would abide by a budget for the Project, which has been
finalized and attached to this Agreement as the Approved Project Budget (included in
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 $_, or
_% of the Approved Project Budget, whichever is the lesser of these two amounts.
Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing
the Grantee to proceed with all or a portion of the work described in the scope of work,
Grantee shall not proceed with the work and shall not be eligible to receive payment for
work performed prior to SANDAG's issuance of a Notice to Proceed.
J. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds
flowing from this Agreement for the Project.
K. Term. The Term of this Agreement begins on the date SANDAG issues the Notice to Proceed
and ends on the last date indicated in the Project Schedule, (Attachment A), unless amended
consistent with the terms of this Agreement and SANDAG's Board Policy No. 035, as
amended.
L. Transportation Development Act Funds (TDA Funds). Article 3 Bicycle and Pedestrian
Facilities Programs Funds.
Section 2. Project Implementation
A. General. The Grantee agrees to carry out the Project as follows:
1. Project Description. Grantee agrees to perform the work as described in the Project
Description/Scope of Work attached as Attachment A.
2. Effective Date. The effective date of this Agreement or any amendment hereto is the
date on which this Agreement or an amendment is fully executed. The Grantee agrees
to undertake Project only after receiving a written Notice to Proceed from SANDAG.
3. Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal,
financial, technical, and managerial capacity to: (a) plan, manage, and complete the
Project and provide for the use of any Project property; (b) carry out the safety and
security aspects of the Project, and (c) comply with the terms of the Agreement and all
applicable laws, regulations, and policies pertaining to the Project and the Grantee,
including but not limited to the Extension Ordinance.
4. Project Schedule. The Grantee agrees to complete the Project according to the Project
Schedule attached hereto as a section of Attachment A and in compliance with
SANDAG Board Policy No. 035 ("Competitive Grant Program Procedures")), as
amended, 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 and
SANDAG Board Policy No. 035 as amended. 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 bids; 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's Scope of Work. 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 AT scoring criteria.
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
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have occurred or will occur, Grantee will immediately notify SANDAG in writing.
SANDAG will then determine whether the Project is still consistent with the overall
objectives of the AT Program and that the changes would not have negatively affected
the Project ranking during the competitive grant evaluation process. SANDAG reserves
the right to have BPNSP Funding withheld from, or refunded to SANDAG from Grantee
due to Grantee's failure to satisfactorily complete the Project or due to substantive
changes to the Project Justification. See Section 9, paragraph F of this Agreement
regarding amendments to the Scope of Work.
B. Application of Laws Should a federal or state law pre-empt a local law, regulation, or the
TransNet Ordinance, the Grantee must comply with the federal or state law and
implementing regulations. No provision of this Agreement requires the Grantee to observe or
enforce compliance with any provision, perform any other act, or do any other task in
contravention of federal, state, territorial, or local law, regulation, or ordinance. If
compliance with any provision of this Agreement violates or would require the Grantee to
violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this
occur, SANDAG and the Grantee agree that they will make appropriate arrangements to
proceed with or, if necessary, terminate the Project or portions thereof expeditiously.
C. Notice Regarding Prevailing Wages SANDAG's AT Grants are funded with TransNet
revenues consistent with the TransNet Extension Ordinance adopted by the voters in
November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not
require payment of prevailing wages, a recent appellate court case (Asuza Land Partners v.
Department of Industrial Relations 191 Cal. App. 4th 1 [2010j), may require that TransNet-
funded public works projects pay prevailing wages for workers. Before entering into a grant
agreement with SANDAG, grantees are strongly encouraged to seek legal counsel regarding
whether the Asuza case will subject the grant project to prevailing wage laws consistent with
Labor Code Section 1720 et seq. This Grant Agreement requires Grantee's compliance with all
federal, state, and local laws and ordinances as applicable.
D. Significant Participation by a Subgrantee. Although the Grantee may delegate any or
almost all Project responsibilities to one or more subgrantees, the Grantee agrees that it,
rather than any subgrantee, is ultimately responsible for compliance with all applicable laws,
regulations, and this Agreement.
E. Grantee's Responsibility to Extend Agreement Requirements to Other Entities
1. Entities Affected. If an entity other than the Grantee is expected to fulfill any
responsibilities typically performed by the Grantee, the Grantee agrees to assure that
the entity carries out the Grantee's responsibilities as set forth in this Agreement.
2. Documents Affected. The applicability provisions of laws, regulations, and policies
determine the extent to which those provisions affect an entity (such as a subgrantee)
participating in the Project through the Grantee. Thus, the Grantee agrees to use a
written document to ensure that each entity participating in the Project complies with
applicable laws, regulations, and policies.
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3. Required Clauses. The Grantee agrees to use a written document (such as a
subagreement, lease, third -party contract or other) including all appropriate clauses
stating the entity's responsibilities under applicable laws, regulations, or policies.
4. Flowdown. The Grantee agrees to include in each document (subagreement, lease,
third -party contract, or other) any necessary provisions requiring the Project participant
(third -party contractor, subgrantee, or other) to impose applicable laws, Agreement
requirements and directives on its subgrantees, lessees, third -party contractors, and
other Project participants at the lowest tier necessary.
F. No SANDAG Obligations to Third -Parties. In connection with the Project, the Grantee
agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee,
lessee, third -party contractor, or other person or entity that is not a party to the Agreement
for the Project. Notwithstanding that SANDAG may have concurred in or approved any
solicitation, subagreement, lease, or third -party contract at any tier, SANDAG has no
obligations or liabilities to any entity other than the Grantee, including any subgrantee,
lessee, or third -party contractor at any tier.
G. Changes in Project Performance. The Grantee agrees to notify SANDAG immediately, in
writing, of any change in local law, conditions (including its legal, financial, or technical
capacity), or any other event that may adversely affect the Grantee's ability to perform the
Project in accordance with the terms of the Agreement and as required by SANDAG Board
Policy No. 035 (Competitive Grant Program Procedures). The Grantee also agrees to notify
SANDAG immediately, in writing, of any current or prospective major dispute, breach,
default, or litigation that may adversely affect SANDAG's interests in the Project; and agrees
to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any
reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG
required by this subsection to SANDAG's Office of General Counsel. Grantee further agrees to
comply with the procedures set forth in SANDAG Board Policy No. 035 attached hereto as
Attachment B if it anticipates a delay in performance.
H. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant
to this Agreement shall be performed in accordance with the applicable standard of care.
Where approval by SANDAG, its Executive Director, or other representative of SANDAG is
indicated in the Scope of Work, it is understood to be conceptual approval only and does not
relieve the Grantee of responsibility for complying with all laws, codes, industry standards,
and liability for damages caused by negligent acts, errors, omissions, noncompliance with
industry standards, or the willful misconduct of the Grantee or its subgrantees.
Anti -Discrimination Laws. SANDAG implements its programs without regard to income
level, disability, race, color, and national origin in compliance with the Americans with
Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on
these grounds, and utilize a process for addressing complaints of discrimination. Furthermore,
Grantee shall make the procedures for filing a complaint available to members of the public
upon request and will notify SANDAG immediately if a complaint is lodged that relates to the
project or program funded by this grant.
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Section 3. Ethics
A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a
written code of conduct or standards of conduct that shall govern the actions of its officers,
employees, council or board members, or agents engaged in the award or administration of
subagreements, leases, or third -party contracts supported with BPNSP Funding. The Grantee
agrees that its code of conduct or standards of conduct shall specify that its officers,
employees, board members, or agents may neither solicit nor accept gratuities, favors, or
anything of monetary value from any present or potential subgrantee, lessee, or third -party
contractor at any tier or agent thereof. Such a conflict would arise when an employee,
officer, 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. The Grantee may set
de minimis rules where the financial interest is not substantial, or the gift is an unsolicited
item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of
conduct shall also prohibit its officers, employees, board members, or agents from using their
respective positions in a manner that presents a real or apparent personal or organizational
conflict of interest or personal gain. As permitted by state or local law or regulations, the
Grantee agrees that its code of conduct or standards of conduct shall include penalties,
sanctions, or other disciplinary actions for 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. The Grantee agrees that its code of conduct or
standards of conduct shall prohibit the 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. The Grantee agrees that its code of conduct or
standards of conduct shall include procedures for identifying and preventing real and
apparent organizational conflicts of interest. An organizational conflict of interest
exists when the nature of the work to be performed under a proposed third -party
contract or subagreement may, without some restrictions on future activities, result in
an unfair competitive advantage to the third -party contractor or subgrantee or impair
its objectivity in performing the contract work.
B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts
of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which
might result in unlawful activity are prohibited including, but not limited to, rebates,
kickbacks, or other unlawful considerations. SANDAG staff are specifically prohibited from
participating in the selection process when those staff have a close personal relationship,
family relationship, or past (within the last 12 months), present, or potential business or
employment relationship with a person or business entity seeking a contract with SANDAG. It
is unlawful for any contract to be made by SANDAG if any individual board member or staff
has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or
accepting gratuities from any organization seeking funding from SANDAG. SANDAG's
officers, employees, agents, and board members shall not solicit or accept gifts, gratuities,
favors, or anything of monetary value from consultants, potential consultants, or parties to
subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an
ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict
of interest exists with regard to the Agreement or the Project, it should notify the SANDAG
Office of General Counsel immediately.
C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any
bonus or commission to obtain approval of its BPNSP Funding application for the Project.
False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by
executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and
accuracy of each statement it has made, it makes, or it may make in connection with the Project,
including, but not limited to, the Grantee's grant application, progress reports and invoices.
Section 4. Approved Project Budget
Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows:
The Grantee and SANDAG have agreed to a Project budget that is designated the "Approved
Project Budget." The Grantee will incur obligations and make disbursements of Project funds only
as authorized by the Approved Project Budget. An amendment to the Approved Project Budget
requires the issuance of a formal amendment to the Agreement, except that re -allocation of funds
among budget items or fiscal years that does not increase the total amount of the BPNSP Funding
awarded for the Project may be made by SANDAG's Project Manager consistent with applicable
laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for
transfers of funds between Approved Project Budget line items.
Section 5. Payments
A. Funding Commitment. The Grantee agrees that SANDAG's maximum commitment for
Project Costs will not exceed the Maximum SANDAG Contribution of $_. 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 30 days of notification to the Grantee that specific
amounts are owed to, or withheld by, SANDAG, whether for excess payments of BPNSP
Funding, Grantee's failure to comply with the Agreement, SANDAG Board Policy No. 035
(Attachment B) and any policy amendments thereto, disallowed costs, or funds recovered
from third -parties or elsewhere, the Grantee agrees to remit the owed amounts to SANDAG,
including applicable interest, penalties, and administrative charges.
B. Payment by SANDAG. Grantee is required to submit invoices no more often and no less
frequently than quarterly. Invoices must be accompanied by a quarterly report (Attachment
D). SANDAG will make payments, or, for TDA-funded projects, authorize the County of San
Diego to make payment, for eligible amounts to Grantee within 30 days following receipt of
Grantee's invoice(s) if Grantee has complied with the requirements of the Agreement,
including quarterly reporting requirements, has satisfied SANDAG that the BPNSP Funding
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requested is needed for Project purposes in that requisition period, and is making adequate
progress toward Project completion consistent with SANDAG Board Policy No. 035 and any
policy amendments thereto. After the Grantee has demonstrated satisfactory compliance with
the preceding requirements, SANDAG will reimburse the Grantee's apparent allowable costs
incurred consistent with the Approved Project Budget for the Project. For TDA-funded
Projects, Grantee is advised that the County of San Diego makes payments on the 20th day of
each month, or the following business day.
C. Eligible Costs. The Grantee agrees that Project costs eligible for BPNSP Funding must comply
with all the following requirements. Except to the extent that SANDAG determines otherwise,
in writing, to be eligible for reimbursement, Project costs, must be:
1. Consistent with the Project Scope of Work, the Approved Project Budget, and other
provisions of the Agreement,
2. Necessary in order to accomplish the Project,
3. Reasonable for the goods or services purchased,
4. Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other
items of value received by the Grantee that have the effect of reducing the cost
actually incurred, excluding program income),
5. Incurred for work performed, only on a reimbursement, not advance basis, after both
the Effective Date of the Agreement and following Grantee's receipt of a Notice to
Proceed from SANDAG,
6. Satisfactorily documented with supporting documentation which is to be submitted
with each invoice,
7. Treated consistently in accordance with generally accepted accounting principles and
procedures for the Grantee and any third -party contractors and subgrantees, (see
Section 6 Accounting Records), and
8. Eligible for BPNSP Funding as part of the AT Program Claim Eligible Costs.
9. Expended allowable direct and indirect costs. Indirect costs will be reimbursed only if
the Grantee has an approved indirect cost allocation plan and prior written approval
has been obtained by SANDAG. The Grantee shall annually submit to SANDAG, prior to
reimbursement of indirect costs, an approved indirect cost allocation plan in accordance
with Office of Management and Budget (OMB), Circular A-87 Cost Principles for State,
Local, And Indian Tribal Governments, which can be viewed at
http://www.whitehouse.gov/omb/circulars. Indirect Costs are only allowable with either:
(1) an approved indirect cost rate from a Federal Cognizant agency (or its designee) or
an independent certified accounting firm; or (2) the applicant's proposed method for
allocating indirect costs must be submitted in accordance with applicable OMB
guidelines and approved by SANDAG. If the Grantee does not have an acceptable
approved indirect cost allocation plan, then indirect costs are not eligible for
reimbursement.
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10. Project generated revenue realized by the Grantee shall be utilized in support of the
Project. Project generated revenue and expenditures, if any, shall be reported at the
end of the Agreement period.
11. In the event the Grantee receives payment from SANDAG, for which reimbursement is
later deemed ineligible and disallowed by SANDAG, the Grantee shall promptly refund
the disallowed amount to SANDAG on request, or SANDAG may offset the amount
disallowed from any payment due to or to become due to the Grantee under this
Agreement.
D. TDA Project Eligibility
The law specifies that TDA 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.
1. Construction, including related engineering expenses, of bicycle and pedestrian
facilities.
2. Maintenance of bicycle trails provided they are closed to motorized traffic.
3. 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.
4. A comprehensive bicycle and pedestrian facilities plan (no more than once every five
years), with an emphasis on bicycle projects intended to primarily accommodate non -
recreational bicycle trips.
5. Up to 20 percent of the cost to restripe Class II bicycle lanes.
6. Up to 5 percent 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 BPNSP Funds may be expended for all purposes necessary and convenient to the
design, right-of-way acquisition, and construction of facilities intended for use by bicyclists,
pedestrian, and neighborhood safety programs. These funds also may be used for programs
that help to encourage the use of bicycles/pedestrians, such as secure parking facilities,
bicycle/pedestrian promotion programs, and safety programs.
F. Excluded Costs
1. In determining the amount of BPNSP Funding SANDAG will provide for the Project,
SANDAG will exclude:
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a. Any Project cost incurred by the Grantee before either the date SANDAG issues a
Notice to Proceed to Grantee or the Effective Date of the Agreement or any
Amendment thereto;
b. Any cost that is not included in the latest Approved Project Budget;
c. 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;
d. Any cost ineligible for SANDAG participation as provided by applicable laws,
regulations, or policies.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. The Grantee understands and agrees that payment to the Grantee for any Project cost
does not constitute SANDAG's final decision about whether that cost is allowable and
eligible for payment under the Project and does not constitute a waiver of any
violation by the Grantee of the terms of the Agreement for the Project, and/or Board
Policy No. 035. The Grantee acknowledges that SANDAG will not make a final
determination about the allowability and eligibility of any cost until the final payment
has been made on the Project or the results of an audit of the Project requested by
SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has been
completed, whichever occurs latest. If SANDAG determines that the Grantee is not
entitled to receive any portion of the BPNSP Funding requested or paid, SANDAG will
notify the Grantee in writing, stating its reasons. The Grantee agrees that Project
closeout will not alter the Grantee's responsibility to return any funds due SANDAG as a
result of later refunds, corrections, performance deficiencies, or other similar actions;
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nor will Project closeout alter SANDAG's right to disallow costs and recover funds
provided for the Project on the basis of a later audit or other review.
G. Maximum SANDAG Participation. Upon receipt of an invoice from Grantee documenting
Grantee's incurred and eligible expenses, SANDAG agrees to pay its Maximum
Percentage/Amount of SANDAG Participation based on the invoiced amount.
Note to SANDAG Contracts Staff: If grantee did not commit matching funds
In the grant application, please delete Section H. "Matching Funds" from
the agreement, and re -letter following sections accordingly. Thank you.
H. Matching Funds Grantee has proposed matching funds for the project and therefore agrees
as follows:
1. Duty to Obtain Matching Funds The Grantee agrees to provide sufficient funds or
approved in -kind resources, together with the TransNet Ordinance Assistance awarded,
that will assure payment of the actual cost of each Project activity covered by the
Agreement for the Project. The amount of matching funds and percentage(s) of matching
funds and/or in -kind contributions Grantee shall provide are set forth in the Approved
Project Budget. The Grantee agrees to complete all proceedings necessary to provide its
share of the Project costs at or before the time the matching funds are needed for the
Project. Each of Grantee's invoices must include its pro-rata matching fund contribution as
reflected in the Approved Project Budget, along with supporting, descriptive and/or
explanatory documentation for the matching funds provided.
2. Prompt Payment of Matching The Grantee agrees to provide the minimum
proportionate amount of the matching funds upon submittal of reimbursement for each
invoice and cumulatively over the life of the project as it incurs Projects costs. If the
minimum match is not provided with each invoice submittal or cumulatively over the life
of the project, the identical amount to make up the difference may be withheld as
retention for each invoice until the minimum match cumulatively over the life of the
project is satisfactorily provided. The retention withholding would be released upon the
minimum match provided, in accordance with the invoice payment terms as stated in this
Agreement.
3. Reduction of Matching Funds The Grantee agrees that no reduction of the amount of
matching funds may be made unless, at the same time, a reduction of the proportional
amount of TransNet Ordinance Assistance or TDA provided is made to SANDAG in order
to maintain Maximum Percentage(s) of SANDAG participants. No refunds of matching
funds will be made.
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Section 6. Accounting Records
In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows:
A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a
separate set of accounts or separate accounts within the framework of an established
accounting system that can be identified with the Project. The Grantee also agrees to
maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other
accounting documents related in whole or in part to the Project so that they may be clearly
identified, readily accessible, and available to SANDAG upon request and, to the extent
feasible, kept separate from documents not related to the Project.
B. Documentation of Project Costs and Program Income. Except to the extent that
SANDAG determines otherwise, in writing, the Grantee agrees to maintain all documentation
of costs charged to the Project, including any approved services or property contributed by
the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or
vouchers describing in detail the nature and propriety of the charges, including adequate
records to support the costs the Grantee has incurred underlying any payment in which
SANDAG has agreed to participate.
Section 7. Reporting, Record Retention, and Access
A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by laws and
regulations, policies, the Agreement, and any other reports SANDAG may specify.
B. Report Formats. The Grantee agrees that all reports and other documents or information
intended for public availability developed in the course of the Project and required to be
submitted to SANDAG must be prepared and submitted in electronic and or typewritten hard
copy formats as SANDAG may specify. SANDAG reserves the right to specify that records be
submitted in particular formats.
C. Record Retention. During the course of the Project and for three years thereafter from the
date of transmission of the final expenditure report, the Grantee agrees to maintain, intact
and readily accessible, all data, documents, reports, records, contracts, and supporting
materials relating to the Project as SANDAG may require.
D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and
require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to
inspect all Project work, materials, payrolls, and other data, and to audit the books, records,
and accounts of the Grantee and its subgrantees pertaining to the Project.
E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and
record retention requirements of this Agreement.
F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing 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, Project
Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto.
Grantee shall document the progress and results of work performed under this Agreement to
the satisfaction of SANDAG. This includes progress and final reports, plans, specifications,
estimates, and other evidence of attainment of the Agreement objectives, which are
requested by SANDAG or the ITOC. Grantee may be required to attend meetings of SANDAG
staff and committees, including ITOC, to report on its progress and respond to questions.
G. Data Collection and Communities Served Report. If requested, Grantee shall provide
SANDAG with data regarding how the Project's benefits and burdens were equitably
distributed among socio and economic populations in the area affected by the Project, and
associated active transportation data.
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Section 8. Project Completion, Audit, Settlement, and Closeout
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses
and final reports, as applicable. All payments made to the Grantee shall be subject to review
for compliance by SANDAG with the requirements of this Agreement and shall be subject to
an audit upon completion of the Project.
B, Project Audit. The Grantee agrees to have performed financial and compliance audits
SANDAG may require consistent with Public Utilities Code Section 99245, for TDA funds; and
consistent with the TransNet Extension Ordinance for TransNet funds. This Project's TDA
Claim Number and/or its MPO ID Number is located in both Recital H, above, and on
Attachment A.The Grantee agrees that Project closeout will not alter the Grantee's audit
responsibilities.
C. Project Closeout.. Project closeout occurs when SANDAG notifies the Grantee that SANDAG
has closed the Project, and, if applicable, either forwards the final BPNSP Funding payment
and liquidates any remaining funds.. The Grantee agrees that Project closeout by SANDAG
does not invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from SANDAG.
D. 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 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 or for any disallowed costs.
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), and consistent with SANDAG
Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved,
SANDAG may, in its sole discretion, review the status of the Project to determine if the
remaining funding should be reallocated to another eligible project, as per SANDAG Board
Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress
on the Project or violation of this Agreement and/or Board Policy NO. 035, that endangers
substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole
discretion, to terminate this Agreement.
B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates
difficulty in complying with the Project Schedule, the Grantee shall immediately notify the
SANDAG Project Manager in writing, 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 SANDAG Board Policy No. 035
requirements.
C. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any
part of the BPNSP Funding to be provided for the Project if the Grantee has violated the
terms of the Agreement, or SANDAG Board Policy No. 035, or if SANDAG determines that the
purposes of the laws or policies authorizing the Project would not be adequately served by
the continuation of BPNSP Funding for the Project.
D. In general, termination of BPNSP Funding for the Project will not invalidate obligations
properly incurred by the Grantee before the termination date to the extent those obligations
cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused
BPNSP Funding by failing to make adequate progress, or failing to comply with the terms of'
the Agreement, SANDAG reserves the right to require the Grantee to refund to SANDAG 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 SANDAG
Board Policy No. 035.
F. Amendment of Scope. 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 (Included in Attachment A). Any substantive deviation from
the Scope of Work must be approved by SANDAG if BPNSP 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 in writing. SANDAG will then determine whether the Project is
still consistent with the overall objectives of the AT Program, SANDAG Board Policy 035 and
that the changes would not have negatively affected the Project ranking during the
competitive grant evaluation process. SANDAG reserves the right to have BPNSP Funding
withheld or refunded due to substantive Project changes.
Section 10. Disputes and Venue
A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State
of California.
B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the
performance of this Agreement, Grantee shall continue to perform unless SANDAG informs
Grantee in writing to cease performance. The dispute resolution process for disputes arising
under this Agreement shall be as follows:
1 Grantee shall submit a statement of the grounds for the dispute, including all
pertinent dates, names of persons involved, and supporting documentation, to
SANDAG's Project Manager. The Project Manager and other appropriate SANDAG staff
will review the documentation in a timely manner and reply to Grantee within 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 10 days from the postmark date of SANDAG's reply. The Executive
Director will respond to the request for reconsideration within 10 working days. The
decision of the Executive Director will be in writing.
2 If Grantee is dissatisfied with the results following exhaustion of the above dispute
resolution procedures, Grantee shall make a written request to SANDAG for appeal to
the SANDAG Regional Planning Committee. SANDAG shall respond to a request for
mediation within thirty (30) calendar days. The decision of the Regional Planning
Committee shall be final,
C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the
action shall be brought in a state or federal court situated in the County of San Diego, State
of California. In the event of any such litigation between the parties, the prevailing party
shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees,
litigation and collection expenses, witness fees, and court costs as determined by the court.
Section 11. Assignment
The Grantee agrees that Grantee shall not assign, sublet, or transfer (whether by assignment or
novation) this Agreement or any rights under or interest in this Agreement
Section 12. Project Manager
The Grantee has assigned [INSERT PROJECT MANAGER NAME] 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
12 months following completion, policies of insurance from insurance companies authorized to do
business in the State of California or the equivalent types and amounts of self-insurance, as follows:
A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general
aggregate for personal and bodily injury, including death, and broad form property damage.
The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others
Endorsement." The policy must name SANDAG as an additional insured in the endorsement.
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.
C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the
State of California. The policy must include an acceptable "Waiver of Right to Recover From
Others Endorsement" naming SANDAG as an additional insured.
D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates
(original copies) that it has the foregoing insurance. The insurance shall be provided by an
acceptable insurance provider, as determined by SANDAG, which satisfies the following
minimum requirements:
1. An insurance carrier qualified to do business in California and maintaining an agent for
service of process within the state. Such insurance carrier shall maintain a current A.M.
Best rating classification of "A-" or better, and a financial size of "$10 million to $24
million (Class V) or better," or
1. 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.
2. Certificates of insurance shall be filed with SANDAG. These policies shall be primary
insurance as to SANDAG so that any other coverage held by SANDAG shall not
contribute to any loss under Grantee's insurance. Each insurance policy shall contain a
clause which provides that the policy may not be canceled without first giving thirty
(30) days advance written notice to SANDAG. For purposes of this notice requirement,
any material change in the policy prior to its expiration shall be considered a
cancellation.
Section 14. Indemnification and Duty to Defend
A. Generally. With regard to any claim, protest, or litigation arising from or related to the
Grantee's performance in connection with or incidental to the Project or this Agreement,
Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers,
Board members, and employees harmless from and against any and all claims, including, but
not limited to prevailing wages claims against the Project, asserted or liability established
for damages or injuries to any person or property, including injury to the Grantee's or its
subgrantees' employees, agents, or officers, which arise from or are connected with or are
caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the
Grantee and its subgrantees and their agents, officers, or employees, in performing the
work or services herein, and all expenses of investigating and defending against same,
including attorney fees and costs; provided, however, that the Grantee's duty to indemnify
and hold harmless shall not include any claims or liability arising from the established sole
negligence or willful misconduct of SANDAG, its agents, officers, or employees.
B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save,
and hold harmless SANDAG and its officers, agents, and employees acting within the scope
of their official duties against any liability, including costs and expenses, resulting from any
willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of
privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition
of any data furnished under the Project. The Grantee shall not be required to indemnify
SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or
agents.
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. Except as SANDAG may
specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG
in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or
implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever,
unless expressly provided in this Agreement.
Section 16. Severability and Integration
If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not
be affected if that remainder would continue to conform to the requirements of applicable laws or
regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to
those matters contained in it. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered hereunder. This Agreement may not be modified or altered
except in writing, signed by SANDAG and the Grantee.
Section 17. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or
delivered by depositing the same in any United States Post Office, registered or certified, postage
prepaid, addressed to:
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Attn: Christine Eary
Grantee:
City of National City
1243 National City Boulevard
National City, CA 91950
Attn: Stephen Manganiello
and shall be effective upon receipt thereof.
Contracts Staff: After receiving this original agreement back from the Grantee and
before routing the original agreement for final SANDAG "wet" signatures, please
confirm with SANDAG Finance and Planning staff that the applicable RTIP has been
approved. Thank you.
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 CITY OF NATIONAL CITY
OF GOVERNMENTS
GARY L. GALLEGOS
Executive Director
[Full Name]
[Title]
APPROVED AS TO FORM: APPROVED AS TO FORM
Associate General Counsel
[Full Name]
[Title]
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ATTACHMENT A
SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET
Project Location
(SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS)
Project Description
[PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, ETC.), TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS]
(INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET)
TDA CLAIM NO. TransNet MPO ID NO.
ATTACHMENT B
BOARD POLICY NO. 035
COMPETITIVE GRANT PROGRAM PROCEDURES
Applicability and Purpose of Policy
This Policy applies to the following grant programs administered through SANDAG, whether from
TransNet or another source: Smart Growth Incentive Program, Environmental Mitigation Program,
Bike and Pedestrian Program, Senior Mini Grant Program, Job Access Reverse Commute, New
Freedom, and Section 5310 Elderly & Persons with Disabilities Transportation Program.
Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or
contract documents that conflict with the requirements in this Policy. There are never enough
government grant funds to pay for all of the projects worthy of funding in the San Diego region.
For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability
to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees
accountable to the project schedules they have proposed in order to ensure fairness in the
competitive process and encourage grantees to get their projects implemented quickly so that the
public can benefit from the project deliverables as soon as possible.
Procedures
1. Project Milestone and Completion Deadlines
1.1. When signing a grant agreement for a competitive program funded and/or
administered by SANDAG, grant recipients must agree to the project delivery objectives and
schedules in the agreement. In addition, a grantee's proposal must contain a schedule that
falls within the following deadlines. Failure to meet the deadlines below may result in
revocation of all grant funds not already expended. The final invoice for capital, planning,
or operations grants must be submitted prior to the applicable deadline.
1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the
project must be completed according to the schedule provided in the grant
agreement, but at the latest, any necessary construction contract must be awarded
within two years following execution of the grant agreement, and construction
must be completed within eighteen months following award of the construction
contract. Completion of construction for purposes of this policy shall be when the
prime construction contractor is relieved from its maintenance responsibilities. If no
construction contract award is necessary, the construction project must be complete
within eighteen months following execution of the grant agreement.
1.1.2. Funding for Planning Grants. If the grant will fund planning, the project
must be completed according to the schedule provided in the grant agreement, but
at the latest, any necessary consultant contract must be awarded within one year
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following execution of the grant agreement, and the planning project must be
complete within two years following award of the consultant contract. Completion
of planning for purposes of this policy shall be when grantee approves the final
planning project deliverable. If no consultant contract award is necessary, the
planning project must be complete within two years of execution of the grant
agreement.
1.1.3 Funding for Operations Grants. If the grant will fund operations, the project
must be completed according to the schedule provided in the grant agreement, but
at the latest, any necessary services contract for operations must be awarded within
one year following execution of the grant agreement, and the operations must
commence within six months following award of the operations contract. If no
services contract for operations is necessary, the operations project must commence
within one year of execution of the grant agreement.
1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment
or vehicles, the project must be completed according to the schedule provided in the
grant agreement, but at the latest, any necessary purchase contracts for equipment
or vehicles must be awarded within one year following execution of the grant
agreement, and use of the equipment or vehicles for the benefit of the public must
commence within six months following award of the purchase contract.
2. Project Milestone and Completion Deadline Extensions
2.1. Schedules within grant agreements may include project scopes and schedules that
will identify interim milestones in addition to those described in Section 1 of this Policy.
Grant recipients may receive extensions on their project schedules of up to six months for
good cause. Extensions of up to six months aggregate that would not cause the project to
miss a completion deadline in Section 1 may be approved by the SANDAG Executive
Director. Extensions beyond six months aggregate or that would cause the project to miss a
completion deadline in Section 1 must be approved by the Policy Advisory Committee that
has been delegated the necessary authority by the Board. 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 months, the grantee must request the
extension in writing to the SANDAG Program Manager at least two weeks prior to
the earliest project schedule milestone deadline for which an extension is being
requested. The Executive Director or designee will determine whether the extension
should be granted. The Executive Director's action will be reported out to the Board
in following month's report of delegated actions.
2.1.2. A grantee seeking an extension must document previous efforts undertaken
to maintain the project schedule, explain the reasons for the delay, explain why the
delay is unavoidable, and demonstrate an ability to succeed in the extended time
frame the grantee proposes.
2.1.3. If the Executive Director denies an extension request under this Section 2,
the grantee may appeal within ten business days of receiving the Executive
Director's response to the responsible Policy Advisory Committee by sending the
appeal to the SANDAG Program Manager.
2.1.4. Extension requests that are rejected by the Policy Advisory Committee will
result in termination of the grant agreement and obligation by the grantee to
return to SANDAG any unexpended funds within 30 days. Unexpended funds are
funds for project costs not incurred prior to rejection of the extension request by the
Policy Advisory Committee.
3. Project Delays and Extensions in Excess of Six Months
3.1. Requests for extensions in excess of six months, or that will cause a project to miss a
completion deadline in Section 1 (including those projects that were already granted
extensions by the Executive Director and are again falling behind schedule), will be
considered by the Policy Advisory Committee upon request to the SANDAG Program
Manager.
3.2 A grantee seeking an extension must document previous efforts undertaken to
maintain the project schedule, explain the reasons for the delay, explain why the delay is
unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee
proposes. The grantee must provide the necessary information to SANDAG staff to place in
a report to the Policy Advisory Committee. If sufficient time is available, and the grant
utilized TransNet funds, the request will first be taken to the Independent Taxpayer
Advisory Committee (ITOC) for a recommendation. The grantee should make a
representative available at the meeting to present the information to, and/or answer
questions from, the ITOC and Policy Advisory Committee.
3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for
extenuating circumstances that the grantee could not have reasonably foreseen.
4. Resolution and Execution of the Grant Agreement
4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed
grants, prospective grantees must submit a resolution from their authorized governing body
that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets
the requirements in this Subsection 4.1 will result in rejection of the application and the
application will be dropped from consideration with funding going to the next project as
scored by the evaluation committee. In order to assist grantees in meeting this resolution
deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant
application submission.
4.1.1 Grantee governing body commits to providing the amount of matching
funds set forth in the grant application.
4.1.2 Grantee governing body authorizes staff to accept the grant funding and
execute a grant agreement if an award is made by SANDAG.
4.2 Grantee's authorized representative must execute the grant agreement within 45
days from the date SANDAG presents the grant agreement to the prospective grantee for
execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation
of the grant award.
5. Increased Availability of Funding Under this Policy
CAPITA! GRANTS FY 9011/9f119 ACTIVF TRANSPnPTATIMI URnrpfnn 'AI I [no oonicrTe
5.1. Grant funds made available as a result of the procedures in this Policy may be
awarded to the next project on the recommended project priority list from the most recent
project selection process, or may be added to the funds available for the next project
funding cycle, at the responsible Policy Advisory Committee'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 grant applications.
Adopted: January 2010
ATTACHMENT C
PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS
Capital Grants
1. Contact Information: Grantee must provide SANDAG with contact information for the project
manager. Grantee must provide SANDAG with updated contact information in a timely manner if
there are any changes to staff assigned.
2. Design Development Meetings: Grantee must provide SANDAG with advance notice
(preferably within two weeks) and agendas of all design development meetings, and a meeting
summary following the meeting. SANDAG staff may attend any meetings as appropriate.
3. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to
SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG
staff may meet with the grantee to comment on submitted plans and assure substantial
conformance. SANDAG may comment on submitted plans regarding:
• whether they are consistent with the project proposed in the original grant application, and
• consistency with accepted pedestrian/bicycle facility 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 AT Program. Grantee is
expected to meet with SANDAG staff to identify relevant performance measures and data sources,
and provide available data and feedback regarding the program as appropriate.
Planning Grants
1. Contact Information. Grantee must provide SANDAG with contact information for the project
manager. Grantee must provide SANDAG with updated contact information in a timely manner if
there are any changes to staff assigned.
2. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice
(preferably within two weeks) and agendas of all stakeholder and community meetings, and a
meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate.
3. Request for Proposals and Consultant Selection. Grantee must submit consultant draft
Request for Proposals to SANDAG staff for review and comment. Consultant proposals must also be
submitted to SANDAG for review and comment prior to consultant selection.
4. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing
accomplishments in the quarter, anticipated progress next quarter, pending issues and actions
toward resolution, and status of budget and schedule.
ATTACHMENT D
QUARTERLY REPORT AND INVOICE FORMS
ACTIVE TRANSPORTATION GRANT PROGRAM
QUARTERLY PROGRESS REPORT
Jan. 1 - March 31
April 15th
April 1 -June 30
July 15th
July 1 - Sept. 30
Oct. 15th
Oct. 1 - Dec. 31
Jan. 15th
Project Title
Project Manager Name
Agency
Address
Telephone
Contract #:
Invoice Date:
Invoice #: Invoice Period: (from) (to)
Task 1 (Fill in each task from Scope of Work)
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 2
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
/. w 14IT 1 4,1 l..,Tr f., nn, , 14,14 n I1l44-11. /14 T11 ...11 1,/, 11T w .. " w 1 . f/\I, I,I,I\ 1r/.T,
Summary of Progress
Task
Scheduled
Start Date
Scheduled
Completion
Date
Completed
This
Invoice
Period?
(mark x)
Start
Next
Invoice
Period?
(mark x)
Complete
Next
Invoice
Period?
(mark x)
Anticipated
Completion
Date (if not
as
scheduled)*
Task 1
Task 2
Task 3
Actionls requested of SANDAG (check appropriate boxles):
❑ No action requested
❑ Amendment to*:
❑ Scope of Work
Describe:
Justification:
❑ Project Budget
Describe:
Justification:
❑ Project Schedule
Describe:
Justification:
* For any amendment requested, please describe the amendment and providejustification for why
the amendment is needed.
For Project Schedule amendment requests, explain:
• previous efforts to maintain timely progress,
• reasons for the delays and why they were unavoidable, and
• demonstrate how the project will meet the proposed revised deadlines if the schedule
amendment is approved.
It is the Grantee's responsibility to ensure compliance with Board Policy No. 035 (Use it or Lose it)
milestones and grant agreement terms and conditions. Amendment requests are subject to
SANDAG approval.
`Note that any changes from scheduled start and completion dates are subject to approval by
SANDAG. Please refer to Board Policy No. 35 in your grant agreement regarding milestones that fall
behind schedule, and the actions required for schedule adjustments.
Invoice Part 1 of 2
To:
From:
TDA/TransNet ACTIVE TRANSPORTATION GRANT PROGRAM INVOICE
OSWALDO PEREZ Project Name:
SANDAG Contract Number.
401 B Street, Suite 800
San Diego, CA 92101-4231
Name
Jurisdiction
Address
Grant Invoice Number:
Billing Period: FROM
Invoice Date: DATE
Grant Award: $0.00
Balance Remaining $0.00
TO
% of total grant award spentl #DIVl01
TASK
Previous Balance
Current MMIDD/YYYY to MMIDD/YYVY
Total Ex.- nses SANDAG Total Match S•- nt
Balance
_i
$0.00
r,.
h
T
,r..ra
�S l� ,
_ . 7 ...
h Ca I;C .�'3 ::✓t
101V/01
.i$' . Fa?'1
#DIV/0I
1
Prelim Engineering & Design
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ADO//0!.
2
30% Review
$0.00
$0.00
$0.00
$0.00
$0.00
#DIV/0!
#DIVI0!
#DIV/01
360%Review
$0.00
$0.00
$0.00
$0.00
$0.00
#OIV/01
iA31VI01
11D1V/01
490%Review
$0.00
$0.00
$0.00
$0.00
$0.00
#DIV/01
#DIVIO!
#DiV/01
5
100% Review
$0.00
50.00
#DIV/0!
IiDIV/O!
1IDIV/01
6
Advertise for Construction
$0.00
$0.00
1/O1V/01
#DIVIO!
BDIVIO!
7
Award Contract
$0.00
$0.00
f#DIV101
#OIV/0!
#OMO1
8
Begin construction
$0.00
$0.00
#DIV/0!
#OIV/0!
#DIV/01
9
Construction Task
$0.00
$0.00
diN/O!
#DIV/0!
#DIV/0!
10
Construction Task
$0.00
S0.00
#D1V/0!
#DIV/Ot
#DIV/01
11
Construction Task
$0.00
$0.00
#OIV/0!
#0IV/01
#DIV/01
12
Construction Task
j0.00
$0.00
#OIV/0!
#O1V/01
4131V/01
13
Construction Task
$0.00
$0.00
#DIV/0!
#OIV/01
tDNI01
14
Construction Task
$0.00
$0.00
#DW/0!
#DIV/0!
10NI01
15
Construction Task
$0.00
$0.00
#DIVIO!
#DIV/01
i0Nl0!
16
Construction Task
$0.00
$0.00
#ONTO!
#DIV/01
NDIV/01
17
Construction Task
$0.00
$0.00
#DIV/01
#ON/0!
#DNIOI
18
Construction Task
50.00
$0.00
#DIV101
#OIV/0!
4DIV/0!
19
Construction Task
$0.00
$0.00
dDIV/01
#DIV/0!
#DIV/01
20
Construction Task
$0.00
$0.00
#01V/0!
#DIVIO!
#DIVIO!
21
Construction Task
$0.00
$0.00
#0IV/0!
1101V/0!
#01V/01
22
Construction Task
$0.00
$0.00
#DIV/0!
#01V/0!
#DIVIO!
23
Construction Task
$0.00
$0.00
#DIVI0!
#DIV/01
#ONTO!
24
Construction Complete
$0.00
$0.00
#DIVIO!
#DIV/0!
#DIV/0!
25
Project Completion/Closeout
$0.00
$0.00
#DIVI01
#DIV/0!
#OIV/0!
Total
$0.00
$0.00
$0.00
$0.00' $0.00
$0.00
$0.00
#DIVI01
#DIV/01
#DIV/01
Total Curren Expenditures: $0.00
Total Amount Due this Invoice: #DIVIO!
Less 0% Retention: #OIV/01
Match % Met to Date: #OIV/0!
Invoice Part 1 of 2
Other Costs (Column G)
Describe Expenses:
Project Budget
r
o� r
Task 1
Task 2
Task 1
$0.00
$0.00
$0.00
Task 3
Task 2
$0.00
$0.00
$0.00
Task 4
Task 3
$0.00
$0.00
$0.00
Task 4
$0.00
$0.00
$0.00
Task 5
$0.00
Task 6
$0.00
Task 7
$0.00
Task 8
E0.00
Task 9
$0.00
Task 10
$0.00
Task 11
$0.00
Task 12
$0.00
Task 13
$0.00
Task 14
80.00
Task 15
$0.00
Task 18
$0.00
Task 17
$0.00
Task 18
$0.00
Task 19
$0.00
Task 20
$0.00
Task 21
$0.00
Task 22
$0.00
Task 23
$0.00
Task 24
$0.00
Task 25
$0.00
TOTAL
$0.00
$0.00
$0.00
Required Match % 1136110!
Initial here if project is complete and this
is the FINAL INVOICE
CERTIFICATION OF GRANTEE
1 hereby certify that the above costs were incurred in performance of the work required under the grant and are consistent with the amounts evidenced by attached
supporting documents and expenditures.
Signature
Printed Name and Title Date
RESOLUTION NO. 2012 — 153
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE FILING OF AN APPLICATION FOR
ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR
THE 18TH STREET COMMUNITY CORRIDOR PROJECT
IN THE AMOUNT OF $700,000, COMMITTING TO A LOCAL MATCH
OF $300,000 FOR A TOTAL PROJECT COST OF $1,000,000, ACCEPTING
THE TERMS OF THE GRANT AGREEMENT, AND IF AWARDED
THE GRANT, AUTHORIZING THE CITY MANAGER TO ACCEPT
THE GRANT FUNDS AND EXECUTE THE GRANT AGREEMENT
WHEREAS, $8.8 million of Transportation Development Act/TransNet funding for
capital and non -capital active transportation projects is available through San Diego Association
of Governments ("SANDAG") to local jurisdictions and the County of San Diego from Fiscal
Year 2011-2012; and
WHEREAS, the City of National City wishes to receive $700,000 in Active
Transportation grant funds for the 18TH Street Community Corridor Project; and
WHEREAS, the City of National City understands that the Active Transportation
Grant Program funding is fixed at the programmed amount, and therefore project cost increases
that exceed the grant awarded will be the sole responsibility of the grantee; and
WHEREAS, the City of National City agrees to complete the proposed grant
project within a timely matter and in compliance with SANDAG Board Policy No. 035.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City, that the City of National City is authorized to submit an application to SANDAG for
Active Transportation Grant Program funding in the amount of $700,000 for the 18th Street
Community Corridor Project.
BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund
the 18th Street Community Corridor Project, the City Council commits to providing $300,000 of
matching funds and/or in -kind contributions. Matching funds are available in Account No. 323-
409-500-598-6173 (Coolidge Avenue SRTS).
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
accept the grant funds and execute the grant agreement with SANDAG with no exceptions.
BE IT FURTHER RESOLVED that the City Council hereby commits to
completing the 18th Street Community Corridor Project.
--- Signature Page to Follow ---
Resolution No. 2012 — 153
Page Two
PASSED and ADOPTED this 17th day of July, 201
ATTEST:
Michael R. Dalla, City Clerk
A
ROVED AS TO FORM:
CIa11: i? "
City Attor
Silva
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on July 17,
2012 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 Clerk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-153 the City of National City, California, passed and adopted
by the Council of said City on July 17, 2012.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 17, 2012
AGENDA ITEM NO. 10
FEM TITLE:
Resolution of the City Council of National City authorizing the filing of an application for Active Transportation Grant
Program funds through the San Diego Association of Governments for the 18th Street Community Corridor Project in
the amount of $700,000, committing to a local match of $300,000 for a total project cost of $1,000,000, accepting the
terms of the attached grant agreement and, if awarded grant funding, authorizing the City Manager to accept the
grant funds and execute the grant agreement (local match available from Coolidge Ave CIP)
PREPARED BY: Stephen Manganiello
PHONE: 336-4382
EXPLANATION:
See attached
DEPARTMENT:
APPROVED BY:
Development Services -Engineering
Division
FINANCIAL STATEMENT: APPROVED: (/ Finance
ACCOUNT NO. APPROVED: MIS
Local grant Match available through Account No. 323-409-500-598-6173 (Coolidge Ave SRTS)
—$300,000
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. "Draft" Grant Agreement
3. Resolution
Explanation
Staff is requesting authorization to file an application for Active Transportation
Grant Program funds through the San Diego Association of Governments for the
18th Street Community Corridor Project in the amount of $700,000, with a local
match of $300,000, resulting in a total project cost of $1,000,000. The local
match will be funded through the Coolidge Avenue CIP for improvements in front
of Kimball Elementary School.
The project includes installation of bike lanes, signage, traffic calming measures
such as bulbouts, ADA upgrades, lighting and landscaping to convert 18th Street
into a "Community Corridor", consistent with the City's General Plan Update and
recently adopted Bicycle Master Plan. Improvements will extend along 18th
Street from Wilson Avenue east to Granger Avenue.
Council Resolution authorizing the filing of the grant application, committing
associated matching funds, accepting the terms of the attached grant agreement
and, if awarded grant funding, authorizing the City Manager to accept the grant
funds and execute the grant agreement, is required upon submittal of the grant
application.
RESOLUTION NO. 2012 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE FILING OF AN APPLICATION FOR
ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR
THE 18TH STREET COMMUNITY CORRIDOR PROJECT
IN THE AMOUNT OF $700,000, COMMITTING TO A LOCAL MATCH
OF $300,000 FOR A TOTAL PROJECT COST OF $1,000,000, ACCEPTING
THE TERMS OF THE GRANT AGREEMENT, AND IF AWARDED
THE GRANT, AUTHORIZING THE CITY MANAGER TO ACCEPT
THE GRANT FUNDS AND EXECUTE THE GRANT AGREEMENT
WHEREAS, $8.8 million of Transportation Development Act/TransNet funding for
capital and non -capital active transportation projects is available through San Diego Association
of Governments ("SANDAG") to local jurisdictions and the County of San Diego from Fiscal
Year 2011-2012; and
WHEREAS, the City of National City wishes to receive $700,000 in Active
Transportation grant funds for the 18TH Street Community Corridor Project; and
WHEREAS, the City of National City understands that the Active Transportation
Grant Program funding is fixed at the programmed amount, and therefore project cost increases
that exceed the grant awarded will be the sole responsibility of the grantee; and
WHEREAS, the City of National City agrees to complete the proposed grant
project within a timely matter and in compliance with SANDAG Board Policy No. 035.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City, that the City of National City is authorized to submit an application to SANDAG for
Active Transportation Grant Program funding in the amount of $700,000 for the 18th Street
Community Corridor Project.
BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund
the 18th Street Community Corridor Project, the City Council commits to providing $300,000 of
matching funds and/or in -kind contributions. Matching funds are available in Account No. 323-
409-500-598-6173 (Coolidge Avenue SRTS).
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
accept the grant funds and execute the grant agreement with SANDAG with no exceptions.
BE IT FURTHER RESOLVED that the City Council hereby commits to
completing the 18th Street Community Corridor Project.
--- Signature Page to Follow ---
Resolution NO. 2012 —
Page Two
PASSED and ADOPTED this 17th day of July, 2012.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
Ron Morrison, Mayor
FOR INFORMATION ONLY - DO NOT FILL OUT
TDA/TRANSNETACTIVE TRANSPORTATION GRANT PROGRAM
FISCAL YEAR 2011 - 2012
GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND
[INSERT AGENCY/JURISDICTION NAME]
REGARDING [INSERT FULL PROJECT TITLE]
THIS GRANT AGREEMENT [AGREEMENT NUMBER] ("Agreement") is made this [Day] day of
[Month], 2012, by and between the San Diego Association of Governments (hereinafter referred to
as "SANDAG"), 401 B Street, Suite 800, San Diego, California, and the [Grant Recipient and Address]
(hereinafter referred to as "Grantee"). This agreement expires on [Month] [Day], [Year].
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 1 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 funding began on July 1, 2008.
C. The BPNSP is commonly referred to, herein, as the "Active Transportation" grant program
(AT). Active Transportation encompasses bicycle and pedestrian travel and recognizes the
comprehensive effort to integrate smart growth place making, access to transit and
environmental justice.
The SANDAG Board of Directors also approved programming of approximately $[insert new
updated amount for the call for project which generated THIS grant award/agreement]
million in Transportation Development Act, Article 3, Bicycle and Pedestrian Facilities and
Programs (TDA Funds) on [insert new future date when BOD approved action described in
this recital] by Resolution Number [insert Reso number].
D. On [insert updated future date], SANDAG issued a Call for Projects from local jurisdictions in
San Diego County wishing to apply for a portion of the AT Funding/TDA Funds for use on
capital improvement and planning projects meeting certain criteria.
E. Both AT Funding and TDA funds were eligible funding sources for the AT (AT Funding).
F. Grantee successfully applied for AT Funding for the following project: [Insert Project
Name/Description] (hereinafter referred to as the "Project"). The scope of work, schedule,
and budget for the Project is attached as Attachment A.
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 21
G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to
provide Grantee with funding to implement the Project.
Contracts Staff: Before finalizing this agreement for internal SharePoint routing
please obtain from SANDAG Finance and Planning staff both the TDA / Extension
Ordinance funding amounts and the TDA Claim Number and/or TransNet MPO ID
required to complete Recital H, below. Thank you.
H. Grantee's Project is funded with [insert dollar values for either or both TDA and Extension
Ordinance funding, e.g. $182,000 in TDA funds and $268,000) in Extension Ordinance funds].
TDA Claim Number TransNet MPO ID
I. Although SANDAG will be providing financial assistance to Grantee to support the Project,
SANDAG will not be responsible for Project implementation or hold any substantial control of
the Project.
NOW, THEREFORE, it is agreed as follows:
Section 1. Definitions
A. Application. The signed and dated grant application, including any amendment thereto,
with all explanatory, supporting, and supplementary documents filed with SANDAG by or on
behalf of the Grantee and accepted or approved by SANDAG. All of Grantee's application
materials, not in conflict with this Agreement, are hereby incorporated into this Agreement
as though fully set forth herein.
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 written permission. Except to the extent that SANDAG determines
otherwise in writing, such approval, authorization, concurrence, or waiver permitting the
performance or omission of a specific action does not constitute permission to perform or
omit other similar actions. An oral permission or interpretation has no legal force or effect.
(See also Notice to Proceed, below at paragraph I in this Section 1.)
D. Approved Project Budget. The most recent statement of the costs of the Project, the
maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the
specific tasks (including specific contingencies) covered, and the estimated cost of each task,
that has been approved by SANDAG. The Approved Project Budget is attached hereto as a
section of Attachment A.
E. BPNSP Funds and Funding. Funding from the TransNet Extension Ordinance for the Bicycle,
Pedestrian, and Neighborhood Safety Program and Transportation Development Act (TDA)
Article 3 Funds.
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 22
F. Grantee. The local jurisdiction that is the recipient of BPNSP Funding under this Agreement.
If the Grantee enters into agreements with other parties to assist with the implementation of
the Project, each participant in, member of, or party to that agreement is deemed a
"subgrantee" and for purposes of compliance with applicable requirements of the
Agreement for its Project will be treated as a Grantee.
Note to SANDAG Contracts Staff: Please complete Section G. "Maximum
Percentage of SANDAG Participation" only if grantee committed
matching funds in its grant application. If grantee did not commit
matching funds in its application, please delete Section G, and adjust
the Section letters, below, accordingly. If grantee did commit matching
funds, please delete Paragraph G, and complete Paragraph H, below.
After selecting either Paragraph G or H, below, please adjust the
remaining Paragraph letters accordingly. Thank you.
G. Maximum Percentage of SANDAG Participation. Grantee submitted an application and
was evaluated based on its representation that it would provide matching funds for the
Project. Grantee agrees to provide _% of the Approved Project Budget as matching funds
from resources other than the TransNet or TDA funds. Therefore, the maximum percentage
that SANDAG will pay Grantee for amounts invoiced under this Agreement is _%, or $_,
whichever is the lesser of these two amounts.
H. Maximum SANDAG Contribution. Grantee submitted an application and was evaluated
based on its representation that it would abide by a budget for the Project, which has been
finalized and attached to this Agreement as the Approved Project Budget (included in
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 $_, or
_% of the Approved Project Budget, whichever is the lesser of these two amounts.
Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing
the Grantee to proceed with all or a portion of the work described in the scope of work.
Grantee shall not proceed with the work and shall not be eligible to receive payment for
work performed prior to SANDAG's issuance of a Notice to Proceed.
J. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds
flowing from this Agreement for the Project.
K. Term. The Term of this Agreement begins on the date SANDAG issues the Notice to Proceed
and ends on the last date indicated in the Project Schedule, (Attachment A), unless amended
consistent with the terms of this Agreement and SANDAG's Board Policy No. 035, as
amended.
L. Transportation Development Act Funds (TDA Funds). Article 3 Bicycle and Pedestrian
Facilities Programs Funds.
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 23
Section 2. Project Implementation
A. General. The Grantee agrees to carry out the Project as follows:
1. Project Description. Grantee agrees to perform the work as described in the Project
Description/Scope of Work attached as Attachment A.
2. Effective Date. The effective date of this Agreement or any amendment hereto is the
date on which this Agreement or an amendment is fully executed. The Grantee agrees
to undertake Project only after receiving a written Notice to Proceed from SANDAG.
3. Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal,
financial, technical, and managerial capacity to: (a) plan, manage, and complete the
Project and provide for the use of any Project property; (b) carry out the safety and
security aspects of the Project, and (c) comply with the terms of the Agreement and all
applicable laws, regulations, and policies pertaining to the Project and the Grantee,
including but not limited to the Extension Ordinance.
4. Project Schedule. The Grantee agrees to complete the Project according to the Project
Schedule attached hereto as a section of Attachment A and in compliance with
SANDAG Board Policy No. 035 ("Competitive Grant Program Procedures")), as
amended, 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 and
SANDAG Board Policy No. 035 as amended. 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 bids; 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's Scope of Work. 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 AT scoring criteria.
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
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 24
have occurred or will occur, Grantee will immediately notify SANDAG in writing.
SANDAG will then determine whether the Project is still consistent with the overall
objectives of the AT Program and that the changes would not have negatively affected
the Project ranking during the competitive grant evaluation process. SANDAG reserves
the right to have BPNSP Funding withheld from, or refunded to SANDAG from Grantee
due to Grantee's failure to satisfactorily complete the Project or due to substantive
changes to the Project Justification. See Section 9, paragraph F of this Agreement
regarding amendments to the Scope of Work.
B. Application of Laws Should a federal or state law pre-empt a local law, regulation, or the
TransNet Ordinance, the Grantee must comply with the federal or state law and
implementing regulations. No provision of this Agreement requires the Grantee to observe or
enforce compliance with any provision, perform any other act, or do any other task in
contravention of federal, state, territorial, or local law, regulation, or ordinance. If
compliance with any provision of this Agreement violates or would require the Grantee to
violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this
occur, SANDAG and the Grantee agree that they will make appropriate arrangements to
proceed with or, if necessary, terminate the Project or portions thereof expeditiously.
C. Notice Regarding Prevailing Wages SANDAG's AT Grants are funded with TransNet
revenues consistent with the TransNet Extension Ordinance adopted by the voters in
November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not
require payment of prevailing wages, a recent appellate court case (Asuza Land Partners v.
Department of Industrial Relations 191 Cal. App. 4th 1 [2010]), may require that TransNet-
funded public works projects pay prevailing wages for workers. Before entering into a grant
agreement with SANDAG, grantees are strongly encouraged to seek legal counsel regarding
whether the Asuza case will subject the grant project to prevailing wage laws consistent with
Labor Code Section 1720 et seq. This Grant Agreement requires Grantee's compliance with all
federal, state, and local laws and ordinances as applicable.
D. Significant Participation by a Subgrantee. Although the Grantee may delegate any or
almost all Project responsibilities to one or more subgrantees, the Grantee agrees that it,
rather than any subgrantee, is ultimately responsible for compliance with all applicable laws,
regulations, and this Agreement.
E. Grantee's Responsibility to Extend Agreement Requirements to Other Entities
1. Entities Affected. If an entity other than the Grantee is expected to fulfill any
responsibilities typically performed by the Grantee, the Grantee agrees to assure that
the entity carries out the Grantee's responsibilities as set forth in this Agreement.
2, Documents Affected. The applicability provisions of laws, regulations, and policies
determine the extent to which those provisions affect an entity (such as a subgrantee)
participating in the Project through the Grantee. Thus, the Grantee agrees to use a
written document to ensure that each entity participating in the Project complies with
applicable laws, regulations, and policies.
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 25
3. Required Clauses. The Grantee agrees to use a written document (such as a
subagreement, lease, third -party contract or other) including all appropriate clauses
stating the entity's responsibilities under applicable laws, regulations, or policies.
4. Flowdown. The Grantee agrees to include in each document (subagreement, lease,
third -party contract, or other) any necessary provisions requiring the Project participant
(third -party contractor, subgrantee, or other) to impose applicable laws, Agreement
requirements and directives on its subgrantees, lessees, third -party contractors, and
other Project participants at the lowest tier necessary.
F. No SANDAG Obligations to Third -Parties. In connection with the Project, the Grantee
agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee,
lessee, third -party contractor, or other person or entity that is not a party to the Agreement
for the Project. Notwithstanding that SANDAG may have concurred in or approved any
solicitation, subagreement, lease, or third -party contract at any tier, SANDAG has no
obligations or liabilities to any entity other than the Grantee, including any subgrantee,
lessee, or third -party contractor at any tier.
G. Changes in Project Performance. The Grantee agrees to notify SANDAG immediately, in
writing, of any change in local law, conditions (including its legal, financial, or technical
capacity), or any other event that may adversely affect the Grantee's ability to perform the
Project in accordance with the terms of the Agreement and as required by SANDAG Board
Policy No. 035 (Competitive Grant Program Procedures). The Grantee also agrees to notify
SANDAG immediately, in writing, of any current or prospective major dispute, breach,
default, or litigation that may adversely affect SANDAG's interests in the Project; and agrees
to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any
reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG
required by this subsection to SANDAG's Office of General Counsel. Grantee further agrees to
comply with the procedures set forth in SANDAG Board Policy No. 035 attached hereto as
Attachment B if it anticipates a delay in performance.
H. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant
to this Agreement shall be performed in accordance with the applicable standard of care.
Where approval by SANDAG, its Executive Director, or other representative of SANDAG is
indicated in the Scope of Work, it is understood to be conceptual approval only and does not
relieve the Grantee of responsibility for complying with all laws, codes, industry standards,
and liability for damages caused by negligent acts, errors, omissions, noncompliance with
industry standards, or the willful misconduct of the Grantee or its subgrantees.
Anti -Discrimination Laws. SANDAG implements its programs without regard to income
level, disability, race, color, and national origin in compliance with the Americans with
Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on
these grounds, and utilize a process for addressing complaints of discrimination. Furthermore,
Grantee shall make the procedures for filing a complaint available to members of the public
upon request and will notify SANDAG immediately if a complaint is lodged that relates to the
project or program funded by this grant.
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 26
Section 3. Ethics
A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a
written code of conduct or standards of conduct that shall govern the actions of its officers,
employees, council or board members, or agents engaged in the award or administration of
subagreements, leases, or third -party contracts supported with BPNSP Funding. The Grantee
agrees that its code of conduct or standards of conduct shall specify that its officers,
employees, board members, or agents may neither solicit nor accept gratuities, favors, or
anything of monetary value from any present or potential subgrantee, lessee, or third -party
contractor at any tier or agent thereof. Such a conflict would arise when an employee,
officer, 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. The Grantee may set
de minimis rules where the financial interest is not substantial, or the gift is an unsolicited
item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of
conduct shall also prohibit its officers, employees, board members, or agents from using their
respective positions in a manner that presents a real or apparent personal or organizational
conflict of interest or personal gain. As permitted by state or local law or regulations, the
Grantee agrees that its code of conduct or standards of conduct shall include penalties,
sanctions, or other disciplinary actions for 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. The Grantee agrees that its code of conduct or
standards of conduct shall prohibit the 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. The Grantee agrees that its code of conduct or
standards of conduct shall include procedures for identifying and preventing real and
apparent organizational conflicts of interest. An organizational conflict of interest
exists when the nature of the work to be performed under a proposed third -party
contract or subagreement may, without some restrictions on future activities, result in
an unfair competitive advantage to the third -party contractor or subgrantee or impair
its objectivity in performing the contract work.
B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts
of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which
might result in unlawful activity are prohibited including, but not limited to, rebates,
kickbacks, or other unlawful considerations. SANDAG staff are specifically prohibited from
participating in the selection process when those staff have a close personal relationship,
family relationship, or past (within the last 12 months), present, or potential business or
employment relationship with a person or business entity seeking a contract with SANDAG. It
is unlawful for any contract to be made by SANDAG if any individual board member or staff
has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 27
accepting gratuities from any organization seeking funding from SANDAG. SANDAG's
officers, employees, agents, and board members shall not solicit or accept gifts, gratuities,
favors, or anything of monetary value from consultants, potential consultants, or parties to
subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an
ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict
of interest exists with regard to the Agreement or the Project, it should notify the SANDAG
Office of General Counsel immediately.
C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any
bonus or commission to obtain approval of its BPNSP Funding application for the Project.
False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by
executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and
accuracy of each statement it has made, it makes, or it may make in connection with the Project,
including, but not limited to, the Grantee's grant application, progress reports and invoices.
Section 4. Approved Project Budget
Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows:
The Grantee and SANDAG have agreed to a Project budget that is designated the "Approved
Project Budget." The Grantee will incur obligations and make disbursements of Project funds only
as authorized by the Approved Project Budget. An amendment to the Approved Project Budget
requires the issuance of a formal amendment to the Agreement, except that re -allocation of funds
among budget items or fiscal years that does not increase the total amount of the BPNSP Funding
awarded for the Project may be made by SANDAG's Project Manager consistent with applicable
laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for
transfers of funds between Approved Project Budget line items.
Section 5. Payments
A. Funding Commitment. The Grantee agrees that SANDAG's maximum commitment for
Project Costs will not exceed the Maximum SANDAG Contribution of $ . 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 30 days of notification to the Grantee that specific
amounts are owed to, or withheld by, SANDAG, whether for excess payments of BPNSP
Funding, Grantee's failure to comply with the Agreement, SANDAG Board Policy No. 035
(Attachment B) and any policy amendments thereto, disallowed costs, or funds recovered
from third -parties or elsewhere, the Grantee agrees to remit the owed amounts to SANDAG,
including applicable interest, penalties, and administrative charges.
B. Payment by SANDAG. Grantee is required to submit invoices no more often and no less
frequently than quarterly. Invoices must be accompanied by a quarterly report (Attachment
D). SANDAG will make payments, or, for TDA-funded projects, authorize the County of San
Diego to make payment, for eligible amounts to Grantee within 30 days following receipt of
Grantee's invoice(s) if Grantee has complied with the requirements of the Agreement,
including quarterly reporting requirements, has satisfied SANDAG that the BPNSP Funding
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 28
requested is needed for Project purposes in that requisition period, and is making adequate
progress toward Project completion consistent with SANDAG Board Policy No. 035 and any
policy amendments thereto. After the Grantee has demonstrated satisfactory compliance with
the preceding requirements, SANDAG will reimburse the Grantee's apparent allowable costs
incurred consistent with the Approved Project Budget for the Project. For TDA-funded
Projects, Grantee is advised that the County of San Diego makes payments on the 20th day of
each month, or the following business day.
C. Eligible Costs. The Grantee agrees that Project costs eligible for BPNSP Funding must comply
with all the following requirements. Except to the extent that SANDAG determines otherwise,
in writing, to be eligible for reimbursement, Project costs, must be:
1. Consistent with the Project Scope of Work, the Approved Project Budget, and other
provisions of the Agreement,
2. Necessary in order to accomplish the Project,
3. Reasonable for the goods or services purchased,
4. Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other
items of value received by the Grantee that have the effect of reducing the cost
actually incurred, excluding program income),
5. Incurred for work performed, only on a reimbursement, not advance basis, after both
the Effective Date of the Agreement and following Grantee's receipt of a Notice to
Proceed from SANDAG,
6. Satisfactorily documented with supporting documentation which is to be submitted
with each invoice,
7. Treated consistently in accordance with generally accepted accounting principles and
procedures for the Grantee and any third -party contractors and subgrantees, (see
Section 6 Accounting Records), and
8. Eligible for BPNSP Funding as part of the AT Program Claim Eligible Costs.
9. Expended allowable direct and indirect costs. Indirect costs will be reimbursed only if
the Grantee has an approved indirect cost allocation plan and prior written approval
has been obtained by SANDAG. The Grantee shall annually submit to SANDAG, prior to
reimbursement of indirect costs, an approved indirect cost allocation plan in accordance
with Office of Management and Budget (OMB), Circular A-87 Cost Principles for State,
Local, And Indian Tribal Governments, which can be viewed at
http:/lwww.whitehouse.gov/omb/circulars. Indirect Costs are only allowable with either:
(1) an approved indirect cost rate from a Federal Cognizant agency (or its designee) or
an independent certified accounting firm; or (2) the applicant's proposed method for
allocating indirect costs must be submitted in accordance with applicable OMB
guidelines and approved by SANDAG. If the Grantee does not have an acceptable
approved indirect cost allocation plan, then indirect costs are not eligible for
reimbursement.
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 29
10. Project generated revenue realized by the Grantee shall be utilized in support of the
Project. Project generated revenue and expenditures, if any, shall be reported at the
end of the Agreement period.
11. In the event the Grantee receives payment from SANDAG, for which reimbursement is
later deemed ineligible and disallowed by SANDAG, the Grantee shall promptly refund
the disallowed amount to SANDAG on request, or SANDAG may offset the amount
disallowed from any payment due to or to become due to the Grantee under this
Agreement.
D. TDA Project Eligibility
The law specifies that TDA 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.
1. Construction, including related engineering expenses, of bicycle and pedestrian
facilities.
2. Maintenance of bicycle trails provided they are closed to motorized traffic.
3. 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.
4. A comprehensive bicycle and pedestrian facilities plan (no more than once every five
years), with an emphasis on bicycle projects intended to primarily accommodate non -
recreational bicycle trips.
5. Up to 20 percent of the cost to restripe Class II bicycle lanes.
6. Up to 5 percent 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 BPNSP Funds may be expended for all purposes necessary and convenient to the
design, right-of-way acquisition, and construction of facilities intended for use by bicyclists,
pedestrian, and neighborhood safety programs. These funds also may be used for programs
that help to encourage the use of bicycles/pedestrians, such as secure parking facilities,
bicycle/pedestrian promotion programs, and safety programs.
F. Excluded Costs
1. In determining the amount of BPNSP Funding SANDAG will provide for the Project,
SANDAG will exclude:
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 30
a. Any Project cost incurred by the Grantee before either the date SANDAG issues a
Notice to Proceed to Grantee or the Effective Date of the Agreement or any
Amendment thereto;
b. Any cost that is not included in the latest Approved Project Budget;
c. 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;
d. Any cost ineligible for SANDAG participation as provided by applicable laws,
regulations, or policies.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. The Grantee understands and agrees that payment to the Grantee for any Project cost
does not constitute SANDAG's final decision about whether that cost is allowable and
eligible for payment under the Project and does not constitute a waiver of any
violation by the Grantee of the terms of the Agreement for the Project, and/or Board
Policy No. 035. The Grantee acknowledges that SANDAG will not make a final
determination about the allowability and eligibility of any cost until the final payment
has been made on the Project or the results of an audit of the Project requested by
SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has been
completed, whichever occurs latest. If SANDAG determines that the Grantee is not
entitled to receive any portion of the BPNSP Funding requested or paid, SANDAG will
notify the Grantee in writing, stating its reasons. The Grantee agrees that Project
closeout will not alter the Grantee's responsibility to return any funds due SANDAG as a
result of later refunds, corrections, performance deficiencies, or other similar actions;
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 31
nor will Project closeout alter SANDAG's right to disallow costs and recover funds
provided for the Project on the basis of a later audit or other review.
G. Maximum SANDAG Participation. Upon receipt of an invoice from Grantee documenting
Grantee's incurred and eligible expenses, SANDAG agrees to pay its Maximum
Percentage/Amount of SANDAG Participation based on the invoiced amount.
Note to SANDAG Contracts Staff: If grantee did not commit matching funds
In the grant application, please delete Section H. "Matching Funds" from
the agreement, and re -letter following sections accordingly. Thank you.
H. Matching Funds Grantee has proposed matching funds for the project and therefore agrees
as follows:
1. Duty to Obtain Matching Funds The Grantee agrees to provide sufficient funds or
approved in -kind resources, together with the TransNet Ordinance Assistance awarded,
that will assure payment of the actual cost of each Project activity covered by the
Agreement for the Project. The amount of matching funds and percentage(s) of matching
funds and/or in -kind contributions Grantee shall provide are set forth in the Approved
Project Budget. The Grantee agrees to complete all proceedings necessary to provide its
share of the Project costs at or before the time the matching funds are needed for the
Project. Each of Grantee's invoices must include its pro-rata matching fund contribution as
reflected in the Approved Project Budget, along with supporting, descriptive and/or
explanatory documentation for the matching funds provided.
2. Prompt Payment of Matching The Grantee agrees to provide the minimum
proportionate amount of the matching funds upon submittal of reimbursement for each
invoice and cumulatively over the life of the project as it incurs Projects costs. If the
minimum match is not provided with each invoice submittal or cumulatively over the life
of the project, the identical amount to make up the difference may be withheld as
retention for each invoice until the minimum match cumulatively over the life of the
project is satisfactorily provided. The retention withholding would be released upon the
minimum match provided, in accordance with the invoice payment terms as stated in this
Agreement.
3. Reduction of Matching Funds The Grantee agrees that no reduction of the amount of
matching funds may be made unless, at the same time, a reduction of the proportional
amount of TransNet Ordinance Assistance or TDA provided is made to SANDAG in order
to maintain Maximum Percentage(s) of SANDAG participants. No refunds of matching
funds will be made.
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 32
Section 6. Accounting Records
In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows:
A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a
separate set of accounts or separate accounts within the framework of an established
accounting system that can be identified with the Project. The Grantee also agrees to
maintain documentation of 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.
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 33
B. Documentation of Project Costs and Program Income. Except to the extent that
SANDAG determines otherwise, in writing, the Grantee agrees to maintain all documentation
of costs charged to the Project, including any approved services or property contributed by
the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or
vouchers describing in detail the nature and propriety of the charges, including adequate
records to support the costs the Grantee has incurred underlying any payment in which
SANDAG has agreed to participate.
Section 7. Reporting, Record Retention, and Access
A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by laws and
regulations, policies, the Agreement, and any other reports SANDAG may specify.
B. Report Formats. The Grantee agrees that all reports and other documents or information
intended for public availability developed in the course of the Project and required to be
submitted to SANDAG must be prepared and submitted in electronic and or typewritten hard
copy formats as SANDAG may specify. SANDAG reserves the right to specify that records be
submitted in particular formats,
C. Record Retention. During the course of the Project and for three years thereafter from the
date of transmission of the final expenditure report, the Grantee agrees to maintain, intact
and readily accessible, all data, documents, reports, records, contracts, and supporting
materials relating to the Project as SANDAG may require.
D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and
require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to
inspect all Project work, materials, payrolls, and other data, and to audit the books, records,
and accounts of the Grantee and its subgrantees pertaining to the Project.
E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and
record retention requirements of this Agreement.
F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing 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, Project
Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto.
Grantee shall document the progress and results of work performed under this Agreement to
the satisfaction of SANDAG. This includes progress and final reports, plans, specifications,
estimates, and other evidence of attainment of the Agreement objectives, which are
requested by SANDAG or the ITOC. Grantee may be required to attend meetings of SANDAG
staff and committees, including ITOC, to report on its progress and respond to questions.
G. Data Collection and Communities Served Report. If requested, Grantee shall provide
SANDAG with data regarding how the Project's benefits and burdens were equitably
distributed among socio and economic populations in the area affected by the Project, and
associated active transportation data.
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 34
Section 8. Project Completion, Audit, Settlement, and Closeout
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses
and final reports, as applicable. All payments made to the Grantee shall be subject to review
for compliance by SANDAG with the requirements of this Agreement and shall be subject to
an audit upon completion of the Project.
B. Project Audit. The Grantee agrees to have performed financial and compliance audits
SANDAG may require consistent with Public Utilities Code Section 99245, for TDA funds; and
consistent with the TransNet Extension Ordinance for TransNet funds. This Project's TDA
Claim Number and/or its MPO ID Number is located in both Recital H, above, and on
Attachment A.The Grantee agrees that Project closeout will not alter the Grantee's audit
responsibilities.
C. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG
has closed the Project, and, if applicable, either forwards the final BPNSP Funding payment
and liquidates any remaining funds.. The Grantee agrees that Project closeout by SANDAG
does not invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from SANDAG.
D. 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 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 or for any disallowed costs.
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), and consistent with SANDAG
Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved,
SANDAG may, in its sole discretion, review the status of the Project to determine if the
remaining funding should be reallocated to another eligible project, as per SANDAG Board
Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress
on the Project or violation of this Agreement and/or Board Policy NO. 035, that endangers
substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole
discretion, to terminate this Agreement.
B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates
difficulty in complying with the Project Schedule, the Grantee shall immediately notify the
SANDAG Project Manager in writing, 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
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 35
any rights or remedies provided by this Agreement, including SANDAG Board Policy No. 035
requirements.
C. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any
part of the BPNSP Funding to be provided for the Project if the Grantee has violated the
terms of the Agreement, or SANDAG Board Policy No. 035, or if SANDAG determines that the
purposes of the laws or policies authorizing the Project would not be adequately served by
the continuation of BPNSP Funding for the Project.
D. In general, termination of BPNSP Funding for the Project will not invalidate obligations
properly incurred by the Grantee before the termination date to the extent those obligations
cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused
BPNSP Funding by failing to make adequate progress, or failing to comply with the terms of
the Agreement, SANDAG reserves the right to require the Grantee to refund to SANDAG 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 SANDAG
Board Policy No. 035.
F. Amendment of Scope. 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 (Included in Attachment A). Any substantive deviation from
the Scope of Work must be approved by SANDAG if BPNSP 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 in writing. SANDAG will then determine whether the Project is
still consistent with the overall objectives of the AT Program, SANDAG Board Policy 035 and
that the changes would not have negatively affected the Project ranking during the
competitive grant evaluation process. SANDAG reserves the right to have BPNSP Funding
withheld or refunded due to substantive Project changes.
Section 10. Disputes and Venue
A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State
of California.
B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the
performance of this Agreement, Grantee shall continue to perform unless SANDAG informs
Grantee in writing to cease performance. The dispute resolution process for disputes arising
under this Agreement shall be as follows:
1 Grantee shall submit a statement of the grounds for the dispute, including all
pertinent dates, names of persons involved, and supporting documentation, to
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 36
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 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 10 days from the postmark date of SANDAG's reply. The Executive
Director will respond to the request for reconsideration within 10 working days. The
decision of the Executive Director will be in writing.
2 If Grantee is dissatisfied with the results following exhaustion of the above dispute
resolution procedures, Grantee shall make a written request to SANDAG for appeal to
the SANDAG Regional Planning Committee. SANDAG shall respond to a request for
mediation within thirty (30) calendar days. The decision of the Regional Planning
Committee shall be final.
C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the
action shall be brought in a state or federal court situated in the County of San Diego, State
of California. In the event of any such litigation between the parties, the prevailing party
shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees,
litigation and collection expenses, witness fees, and court costs as determined by the court.
Section 11. Assignment
The Grantee agrees that Grantee shall not assign, sublet, or transfer (whether by assignment or
novation) this Agreement or any rights under or interest in this Agreement
Section 12. Project Manager
The Grantee has assigned [INSERT PROJECT MANAGER NAME] 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
12 months following completion, policies of insurance from insurance companies authorized to do
business in the State of California or the equivalent types and amounts of self-insurance, as follows:
A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general
aggregate for personal and bodily injury, including death, and broad form property damage.
The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others
Endorsement." The policy must name SANDAG as an additional insured in the endorsement.
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.
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 37
C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the
State of California. The policy must include an acceptable "Waiver of Right to Recover From
Others Endorsement" naming SANDAG as an additional insured.
D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates
(original copies) that it has the foregoing insurance. The insurance shall be provided by an
acceptable insurance provider, as determined by SANDAG, which satisfies the following
minimum requirements:
1. An insurance carrier qualified to do business in California and maintaining an agent for
service of process within the state. Such insurance carrier shall maintain a current A.M.
Best rating classification of "A-" or better, and a financial size of "$10 million to $24
million (Class V) or better," or
1. 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.
2. Certificates of insurance shall be filed with SANDAG. These policies shall be primary
insurance as to SANDAG so that any other coverage held by SANDAG shall not
contribute to any loss under Grantee's insurance. Each insurance policy shall contain a
clause which provides that the policy may not be canceled without first giving thirty
(30) days advance written notice to SANDAG. For purposes of this notice requirement,
any material change in the policy prior to its expiration shall be considered a
cancellation.
Section 14. Indemnification and Duty to Defend
A. Generally. With regard to any claim, protest, or litigation arising from or related to the
Grantee's performance in connection with or incidental to the Project or this Agreement,
Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers,
Board members, and employees harmless from and against any and all claims, including, but
not limited to prevailing wages claims against the Project, asserted or liability established
for damages or injuries to any person or property, including injury to the Grantee's or its
subgrantees' employees, agents, or officers, which arise from or are connected with or are
caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the
Grantee and its subgrantees and their agents, officers, or employees, in performing the
work or services herein, and all expenses of investigating and defending against same,
including attorney fees and costs; provided, however, that the Grantee's duty to indemnify
and hold harmless shall not include any claims or liability arising from the established sole
negligence or willful misconduct of SANDAG, its agents, officers, or employees.
B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save,
and hold harmless SANDAG and its officers, agents, and employees acting within the scope
of their official duties against any liability, including costs and expenses, resulting from any
willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of
privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 38
of any data furnished under the Project. The Grantee shall not be required to indemnify
SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or
agents.
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. Except as SANDAG may
specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG
in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or
implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever,
unless expressly provided in this Agreement.
Section 16. Severability and Integration
If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not
be affected if that remainder would continue to conform to the requirements of applicable laws or
regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to
those matters contained in it. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered hereunder. This Agreement may not be modified or altered
except in writing, signed by SANDAG and the Grantee.
Section 17. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or
delivered by depositing the same in any United States Post Office, registered or certified, postage
prepaid, addressed to:
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Attn: Christine Eary
Grantee:
City of National City
1243 National City Boulevard
National City, CA 91950
Attn: Stephen Manganiello
and shall be effective upon receipt thereof.
Contracts Staff: After receiving this original agreement back from the Grantee and
before routing the original agreement for final SANDAG "wet" signatures, please
confirm with SANDAG Finance and Planning staff that the applicable RTIP has been
approved. Thank you.
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 39
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 CITY OF NATIONAL CITY
OF GOVERNMENTS
GARY L. GALLEGOS
Executive Director
[Full Name]
[Title]
APPROVED AS TO FORM: APPROVED AS TO FORM
Associate General Counsel
[Full Name]
[Title]
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 40
ATTACHMENT A
SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET
Project Location
(SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS)
Project Description
[PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, ETC.), TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS]
(INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET)
TDA CLAIM NO. TransNet MPO ID NO.
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 41
ATTACHMENT B
S,AIUDL4
COMPETITIVE GRANT PROGRAM PROCEDURES
Applicability and Purpose of Policy
BOARD POLICY NO. 035
This Policy applies to the following grant programs administered through SANDAG, whether from
TransNet or another source: Smart Growth Incentive Program, Environmental Mitigation Program,
Bike and Pedestrian Program, Senior Mini Grant Program, Job Access Reverse Commute, New
Freedom, and Section 5310 Elderly & Persons with Disabilities Transportation Program.
Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or
contract documents that conflict with the requirements in this Policy. There are never enough
government grant funds to pay for all of the projects worthy of funding in the San Diego region.
For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability
to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees
accountable to the project schedules they have proposed in order to ensure fairness in the
competitive process and encourage grantees to get their projects implemented quickly so that the
public can benefit from the project deliverables as soon as possible.
Procedures
1. Project Milestone and Completion Deadlines
1.1. When signing a grant agreement for a competitive program funded and/or
administered by SANDAG, grant recipients must agree to the project delivery objectives and
schedules in the agreement. In addition, a grantee's proposal must contain a schedule that
falls within the following deadlines. Failure to meet the deadlines below may result in
revocation of all grant funds not already expended. The final invoice for capital, planning,
or operations grants must be submitted prior to the applicable deadline.
1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the
project must be completed according to the schedule provided in the grant
agreement, but at the latest, any necessary construction contract must be awarded
within two years following execution of the grant agreement, and construction
must be completed within eighteen months following award of the construction
contract. Completion of construction for purposes of this policy shall be when the
prime construction contractor is relieved from its maintenance responsibilities. If no
construction contract award is necessary, the construction project must be complete
within eighteen months following execution of the grant agreement.
1.1.2. Funding for Planning Grants. If the grant will fund planning, the project
must be completed according to the schedule provided in the grant agreement, but
at the latest, any necessary consultant contract must be awarded within one year
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 42
following execution of the grant agreement, and the planning project must be
complete within two years following award of the consultant contract. Completion
of planning for purposes of this policy shall be when grantee approves the final
planning project deliverable. If no consultant contract award is necessary, the
planning project must be complete within two years of execution of the grant
agreement.
1.1.3 Funding for Operations Grants. If the grant will fund operations, the project
must be completed according to the schedule provided in the grant agreement, but
at the latest, any necessary services contract for operations must be awarded within
one year following execution of the grant agreement, and the operations must
commence within six months following award of the operations contract. If no
services contract for operations is necessary, the operations project must commence
within one year of execution of the grant agreement.
1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment
or vehicles, the project must be completed according to the schedule provided in the
grant agreement, but at the latest, any necessary purchase contracts for equipment
or vehicles must be awarded within one year following execution of the grant
agreement, and use of the equipment or vehicles for the benefit of the public must
commence within six months following award of the purchase contract.
2. Project Milestone and Completion Deadline Extensions
2.1. Schedules within grant agreements may include project scopes and schedules that
will identify interim milestones in addition to those described in Section 1 of this Policy.
Grant recipients may receive extensions on their project schedules of up to six months for
good cause. Extensions of up to six months aggregate that would not cause the project to
miss a completion deadline in Section 1 may be approved by the SANDAG Executive
Director. Extensions beyond six months aggregate or that would cause the project to miss a
completion deadline in Section 1 must be approved by the Policy Advisory Committee that
has been delegated the necessary authority by the Board. 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 months, the grantee must request the
extension in writing to the SANDAG Program Manager at least two weeks prior to
the earliest project schedule milestone deadline for which an extension is being
requested. The Executive Director or designee will determine whether the extension
should be granted. The Executive Director's action will be reported out to the Board
in following month's report of delegated actions.
2.1.2. A grantee seeking an extension must document previous efforts undertaken
to maintain the project schedule, explain the reasons for the delay, explain why the
delay is unavoidable, and demonstrate an ability to succeed in the extended time
frame the grantee proposes.
2.1.3. If the Executive Director denies an extension request under this Section 2,
the grantee may appeal within ten business days of receiving the Executive
Director's response to the responsible Policy Advisory Committee by sending the
appeal to the SANDAG Program Manager.
CAPITAL GRANTS FY 201112012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 43
2.1.4. Extension requests that are rejected by the Policy Advisory Committee will
result in termination of the grant agreement and obligation by the grantee to
return to SANDAG any unexpended funds within 30 days. Unexpended funds are
funds for project costs not incurred prior to rejection of the extension request by the
Policy Advisory Committee.
3. Project Delays and Extensions in Excess of Six Months
3.1. Requests for extensions in excess of six months, or that will cause a project to miss a
completion deadline in Section 1 (including those projects that were already granted
extensions by the Executive Director and are again falling behind schedule), will be
considered by the Policy Advisory Committee upon request to the SANDAG Program
Manager.
3.2 A grantee seeking an extension must document previous efforts undertaken to
maintain the project schedule, explain the reasons for the delay, explain why the delay is
unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee
proposes. The grantee must provide the necessary information to SANDAG staff to place in
a report to the Policy Advisory Committee. If sufficient time is available, and the grant
utilized TransNet funds, the request will first be taken to the Independent Taxpayer
Advisory Committee (ITOC) for a recommendation. The grantee should make a
representative available at the meeting to present the information to, and/or answer
questions from, the ITOC and Policy Advisory Committee.
3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for
extenuating circumstances that the grantee could not have reasonably foreseen.
4. Resolution and Execution of the Grant Agreement
4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed
grants, prospective grantees must submit a resolution from their authorized governing body
that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets
the requirements in this Subsection 4.1 will result in rejection of the application and the
application will be dropped from consideration with funding going to the next project as
scored by the evaluation committee. In order to assist grantees in meeting this resolution
deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant
application submission.
4.1.1 Grantee governing body commits to providing the amount of matching
funds set forth in the grant application.
4.1.2 Grantee governing body authorizes staff to accept the grant funding and
execute a grant agreement if an award is made by SANDAG.
4.2 Grantee's authorized representative must execute the grant agreement within 45
days from the date SANDAG presents the grant agreement to the prospective grantee for
execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation
of the grant award.
5. Increased Availability of Funding Under this Policy
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 44
5.1. Grant funds made available as a result of the procedures in this Policy may be
awarded to the next project on the recommended project priority list from the most recent
project selection process, or may be added to the funds available for the next project
funding cycle, at the responsible Policy Advisory Committee'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 grant applications.
Adopted: January 2010
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 45
ATTACHMENT C
PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS
Capital Grants
1. Contact Information: Grantee must provide SANDAG with contact information for the project
manager. Grantee must provide SANDAG with updated contact information in a timely manner if
there are any changes to staff assigned.
2. Design Development Meetings: Grantee must provide SANDAG with advance notice
(preferably within two weeks) and agendas of all design development meetings, and a meeting
summary following the meeting. SANDAG staff may attend any meetings as appropriate.
3. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to
SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG
staff may meet with the grantee to comment on submitted plans and assure substantial
conformance. SANDAG may comment on submitted plans regarding:
• whether they are consistent with the project proposed in the original grant application, and
• consistency with accepted pedestrian/bicycle facility 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 AT Program. Grantee is
expected to meet with SANDAG staff to identify relevant performance measures and data sources,
and provide available data and feedback regarding the program as appropriate.
Planning Grants
1. Contact Information. Grantee must provide SANDAG with contact information for the project
manager. Grantee must provide SANDAG with updated contact information in a timely manner if
there are any changes to staff assigned.
2. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice
(preferably within two weeks) and agendas of all stakeholder and community meetings, and a
meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate.
3. Request for Proposals and Consultant Selection. Grantee must submit consultant draft
Request for Proposals to SANDAG staff for review and comment. Consultant proposals must also be
submitted to SANDAG for review and comment prior to consultant selection.
4. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing
accomplishments in the quarter, anticipated progress next quarter, pending issues and actions
toward resolution, and status of budget and schedule.
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 46
ATTACHMENT D
QUARTERLY REPORT AND INVOICE FORMS
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 47
ACTIVE TRANSPORTATION GRANT PROGRAM
QUARTERLY PROGRESS REPORT
p'
eporit9mPelr4d;ue
ate''
April 15th
Jan. 1 - March 31
April 1 - June 30
July 15th
July 1 - Sept. 30
Oct. 15th
Oct. 1 - Dec. 31
Jan. 15th
Project Title
Project Manager Name
Agency
Address
Telephone
Contract #:
Invoice Date:
Invoice #: Invoice Period: (from) (to)
Task 1 (Fill in each task from Scope of Work)
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 2
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
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 48
Summary of Progress
Task
Scheduled
Start Date
Scheduled
Completion
Date
Completed
This
Invoice
Period?
(mark x)
Start
Next
Invoice
Period?
(mark x)
Complete
Next
Invoice
Period?
(mark x)
Anticipated
Completion
Date (if not
as
scheduled)'
Task 1
Task 2
Task 3
Action/s requested of SANDAG (check appropriate box/es):
❑ No action requested
❑ Amendment to*:
❑ Scope of Work
Describe:
Justification:
❑ Project Budget
Describe:
Justification:
❑ Project Schedule
Describe:
Justification:
* For any amendment requested, please describe the amendment and providejustification for why
the amendment is needed.
For Project Schedule amendment requests, explain:
• previous efforts to maintain timely progress,
• reasons for the delays and why they were unavoidable, and
• demonstrate how the project will meet the proposed revised deadlines if the schedule
amendment is approved.
It is the Grantee's responsibility to ensure compliance with Board Policy No. 035 (Use it or Lose it)
milestones and grant agreement terms and conditions. Amendment requests are subject to
SANDAG approval.
Note that any changes from scheduled start and completion dates are subject to approval by
SANDAG. Please refer to Board Policy No. 35 in your grant agreement regarding milestones that fall
behind schedule, and the actions required for schedule adjustments.
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 49
Invoice Part 1 of 2
To:
From:
TDAJTransNet ACTIVE TRANSPORTATION GRANT PROGRAM INVOICE
OSWALDO PEREZ Project Name:
SANDAL Contract Number:
401 8 Street, Sulte 800
San Diego, CA 921014231
Name
Jurisdiction
Address
Grant Invoice Number: #
Bi!Fng Period: FROM
Invoice Date: DATE
Grant Award: $0.00
Balance Remaining $0.00
TO
% of total grant award spend #OIVI01
TASK
Previous Balance
Current MMIDD/YYYY to MM/DDIYYYY
Total Expenses SANDAG Total Match Spent
Balance
"'rc ^
�:. g
.. �, T.x
P;'`t`..r
.
3
fy
1
Prelim Engineering & Design
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
#DN101
#DNIO!
/0IV/01
2
30% Review
$0.00
$0.00
$0.00
$0.00
$0.00
#DIVIO!
#DIV/0!
MIV/Ol
360%Review
$0.00
$0.00
$0.00
$0.00
$0.00
#DIV/0!
#DIV/0!
#DIVl0!
4
90% Review
$0.00
$0.00
$0.00
$0.00
$0.00
#DIV/OI
#DIV/01
#DW/01
5100%Review
$0.00
$0.00
#DIV/0!
#DIV/O!
#DIVIO!
6
Advertise for Construction
$0.00
$0.00
#DIVIO!
#DIV/0!
#DIVIO!
7
Award Contrail
$0.00
$0.00
#DIVIO!
#DIV/0!
#DIVl01
8
Begin construction
$0.00
$0.00
#DIV/0!
#DIVI01
#DIVI01
9
Construction Task
$0.00
$0.00
#OIV/0!
#DIVID!
#DIM O!
10
Construction Task
$0.00
$0.00
#DIV/0!
itDIV/0!
#DIVI01
11
Construction Task
$0.00
$0.00
#DIV/O!
#DIV/0!
#DIV/0!
12
Construction Task
$0.00
$0.00
#OIV/01
#0IV/01
#DIV/01
13
Construction Task
$0.00
$0.00
#OIV/01
#DIV/0!
#DIVIO!
14
Construction Task
$0.00
$0.00
#DIV/0!
#DIV/0!
#DIV/01
15
Construction Task
$0.0D
$0.00
#DIV/0!
#DIV/0!
#DIV/0!
16
Construction Task
$0.00
$0.00
#0IV/0!
#DIV/0!
#DIV/01
17
Construction Task
$0.00
$0.00
#DIVIO!
#0IV/0!
#DIV!O!
18
Construction Task
$0.00
$0.00
#DIV/0!
#DIV/0!
#DIV/0!
19
Construction Task
$0.00
$0.00
#DIVIO!
#DIVIO!
#DIV/0!
20
Construction Task
$0.00
$0.00
#DIV/0!
#DIV/0!
#DIV/O!
21
Construction Task
$0.00
$0.00
#DIV/0!
#DIV/01
#DIV/O!
22
Construction Task
$0.00
$0.00
#DIV/0!
#DNIO!
#DIV/0!
23
Construction Task
$0.00
$0.00
#DIV/0!
#ONlOI
#DIV/01
24
Construction Complete
$0.00
$0.00
#DIV/0!
#DNIO!
#DIV/0!
25
Project Completion/Closeout
$0.00
$0.00
#DIV/0!
#DIVIO!
#DIV/O!
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
#DW/01
#DIV/OI
#DIV/O!
Total Current
Total Amount Due
Less
Match
Expenditures: $0.00
this Invoice #DIVIOI
0% Retention: #DIV/0!
% Met to Date: #DIV/0!
CAF RANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PRO.
Invoice Part 1 of 2
Other Costs (Column G)
Describe Expenses:
Project Budget
7 . N G
.*'*'`+ re
Task 1
Task 2
Task 1
$0.00
80.00
$0.00
Task 3
Task 2
$0.00
$0.00
$0.00
Task 4
Task 3
$0.00
$0.00
$0.00
Task 4
$0.00
$0.00
$0.00
Task 5
$0.00
Task 6
$0.00
Task 7
$0.00
Task 8
$0.00
Task 9
$0.00
Task 10
$0.00
Task 11
$0.00
Task 12
$0.00
Task 13
$0.00
Task 14
$0.00
Task 15
$0.00
Task 16
$0.00
Task 17
$0.00
Task 18
$0.00
Task 19
$0.00
Task 20
$0.00
Task 21
$0.00
Task 22
$0.00
Task 23
$0.00
Task 24
$0.00
'Task 25
$0.00
TOTAL
$0.00
$0.00
$0.00
Required Match % 1IDIV/01
Initial here if project is complete and this
is the FINAL INVOICE
CERTIFICATION OF GRANTEE
1 hereby certify that the above costs were Incurred In performance of the work required under the grant and are consistent with the amounts evidenced by attached
supporting documents and expenditures.
Signature
Printed Name and Title Date
CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 51
Page 1 of 2
Esther Clemente
From: Lynn Cole
Sent: Tuesday, February 05, 2013 12:36 PM
To: Esther Clemente
Cc: Stephen Manganiello
Subject: RE: SANDAG Grant Application
Esther - Our four applications have been approved, we are awaiting receipt of the Grant
Agreements from SANDAG, which is expected before the end of the month. Once the
Grant Agreements are received, we will forward them to the City Manager for signature,
as authorized in the Resolutions, and when fully executed, provide you with the
original.
Thank you for the reminder and follow-up.
L Y.V V COLE
City of National City
Development Services Department
1243 National City Boulevard
National City, CA 91950
(619) 336-4318
The City of National City is open Monday through Thursday from 7.00am-6:OOpm; offices are closed
on Fridays.
From: Esther Clemente
Sent: Tuesday, February 05, 2013 11:57 AM
To: Lynn Cole
Subject: SANDAG Grant Application
Hi Lynn,
The attached Resolutions were adopted on July 17, 2012 regarding filing of grant
applications with SANDAG.
I just want to follow up if you have heard if our applications have been approved or are
they still being reviewed. If they have already been approved, have agreements already
been executed?
Thank you.
Esther
2/5/2013