XIV. INDEMNIFICATION AND LIABILITY
A. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties to this AGREEMENT or effect the legal liability of either party to the AGREEMENT by imposing any standard of care with respect to operation, maintenance, or repair different from the standard of care imposed by law or this AGREEMENT. In connection with the Project, SUBRECIPIENT agrees that SANDAG is not subject to any obligations or liabilities to any third-party contractor, or other person or entity that is not a party to this AGREEMENT.
Notwithstanding that SANDAG may have concurred in or approved any third-party contract at any tier, SANDAG has no obligations or liabilities to any entity other than the SUBRECIPIENT, including any third-party contractor at any tier.
B. Neither SANDAG nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SUBRECIPIENT or its third-party contractors under or in connection with any work, authority, or jurisdiction arising from or related to this AGREEMENT. SUBRECIPIENT and its third-party contractors must fully defend, indemnify, and save harmless SANDAG, its officers and employees from all claims, suits, or actions of every name, kind, and description occurring by reason of anything done or omitted to be done by SUBRECIPIENT and its third-party contractors under or in connection with any work, authority, or jurisdiction arising under this AGREEMENT.
XV. INSURANCE
[THIS SECTION DOES NOT APPLY TO PUBLIC AGENCIES.]
SUBRECIPIENT and its third-party contractor(s) must maintain sufficient insurance or a self-insurance program approved by SANDAG to cover all casualty losses.
A. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.
Carriers must be licensed to do business in California and maintain an agent for service of process within California. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
B. Pass-Through Costs to SANDAG
To the extent SUBRECIPIENT elects to pass through insurance premium costs to SANDAG, SUBRECIPIENT shall not charge SANDAG for any insurance costs that are not directly attributable to the Project. SUBRECIPIENT shall not pass through insurance costs to SANDAG that are attributable to, or overlap with, work performed for SUBRECIPIENT’s other projects or clients or are included in SUBRECIPIENT’s indirect cost rate.
C. Notice of Termination, Cancellation, or Change
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7 Should any of the insurance policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions and sent to SANDAG. SUBRECIPIENT shall notify SANDAG immediately following SUBRECIPIENT’s first notice or awareness of any proposed or actual termination, cancellation, or change in its insurance coverage. Each insurance policy required by this clause shall state or be endorsed to state that coverage shall not be amended or canceled, except after 30 days’ prior written notice has been given to SANDAG.
Notice of cancellation sent by registered mail, postage prepaid, with a return receipt of addresses requested shall be sufficient notice.
D. Failure to Provide Insurance
Failure to provide and continue in force any insurance as described in this Insurance Section shall be deemed a material breach of this Agreement, which SANDAG may deem to constitute cause for immediate termination. SANDAG reserves the right to withhold payments to SUBRECIPIENT in the event of material noncompliance with the insurance requirements outlined herein.
E. Certificates of Insurance and Endorsements
SUBRECIPIENT shall furnish SANDAG with Certificates of Insurance and any required endorsements affecting coverage required by this section. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must specifically state that they modify the policy language. All certificates and endorsements are to be received and approved by SANDAG before work commences. SUBRECIPIENT shall ensure that the representations made on the Certificate of Insurance and Endorsements are true and correct.
Complete policies of insurance shall be provided to SANDAG upon request and no later than five (5) days after such request. The coverage forms and related endorsements required herein required by SUBRECIPIENT shall conform to the Insurance Services Office (ISO) 2013 Edition (or the latest revision available).
F. Commercial General Liability and Auto Liability Endorsements The Commercial General and Auto Liability policies shall contain, or be endorsed to contain, the following provisions:
1. SANDAG, its directors, officers, agents and employees are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the SUBRECIPIENT including materials, parts, or equipment furnished in connection with such work or operations.
2. Commercial general liability coverage shall be provided in the form of an additional insured policy endorsement to the SUBRECIPIENT’s insurance at least as broad as ISO CG 20 10 and CG 20 37 forms, respectively. Auto liability coverage shall be provided in the form of an additional insured policy endorsement at least as broad as the ISO CA 20 48 form.
3. For any claims related to this project, the SUBRECIPIENT’s insurance coverage shall be primary insurance as respects SANDAG, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the entity, its officers, officials, employees, or volunteers shall be in excess of the SUBRECIPIENT’s insurance and shall not contribute to it.
SUBRECIPIENT shall provide SANDAG a conforming ISO CG 20 01 Endorsement for Commercial General Liability and ISO CA 04 50 Endorsement for Auto Liability, respectively.
4. SUBRECIPIENT agrees to waive all rights against SANDAG and its directors, officers, agents and employees for recovery of damages to the extent these damages are covered by the Commercial General Liability and Auto Liability insurance required pursuant to this Attachment 2
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8 AGREEMENT. SUBRECIPIENT shall provide SANDAG a conforming ISO CG 24 04 Endorsement for Commercial General Liability and ISO CA 04 44 Endorsement for Auto Liability, respectively.
G. Insurance Certificate Submittals
SANDAG uses myCOI to track and verify insurance coverage. SUBRECIPIENT shall include the AGREEMENT number on all insurance-related correspondence submitted to myCOI (i.e., the insurance certificate itself).
1. Initial Certificate Submittal
SUBRECIPIENT will receive an email from:[email protected].
SUBRECIPIENT shall follow the instructions contained in the email and complete the online registration. Upon completion of registration, myCOI will request proof of insurance directly from SUBRECIPIENT’s insurance agents. SANDAG will not execute the AGREEMENT and SUBRECIPIENT shall not commence work unless SUBRECIPIENT is registered with myCOI, compliant Certificates of Insurance (COIs) and endorsements have been received, and SANDAG has deemed the SUBRECIPIENT as compliant with the insurance requirements.
2. Renewal Certificate Submittals
SUBRECIPIENT shall cause its insurance agents to comply with requests for updated information from myCOI on no less than an annual basis. SUBRECIPIENT is responsible for ensuring that its agents send SANDAG updated certificates of insurance throughout the term of the AGREEMENT via myCOI. SANDAG reserves the right to terminate this AGREEMENT or to withhold payments to SUBRECIPIENT if SUBRECIPIENT fails to maintain compliance with the insurance requirements of this AGREEMENT, including providing current certificates of insurance and endorsements to myCOI.
H. No Limitation on Liabilities and Obligations
The requirements as to the types and limits of insurance coverage to be maintained by SUBRECIPIENT, and any approval of said insurance by SANDAG or myCOI are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by SUBRECIPIENT pursuant to this AGREEMENT, including, but not limited to, the provisions concerning indemnification.
The specified insurance limits are minimum amounts to be provided, and any insurance maintained by SUBRECIPIENT above such limits shall provide protection to SANDAG and all additional insureds to the same extent as other insurance provided by SUBRECIPIENT.
I. No Waiver of Requirements
Acceptance by SANDAG of a certificate or endorsement that varies from the requirements in this section shall not constitute a waiver by SANDAG of strict compliance with the provisions herein.
J. Waiver And Release of Liability for Auto Liability And/Or Workers’ Compensation Insurance Notwithstanding the foregoing section, SUBRECIPIENT may be granted a waiver of the requirements in this section under the following conditions:
1. If SUBRECIPIENT does not purchase Workers’ Compensation insurance because it has no employees or it has fewer employees than is mandated by the Workers’ Compensation statutes, regulations, and applicable to employers in the state of California, then Attachment 2
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9 SUBRECIPIENT will be required to sign the Workers’ Compensation Waiver and Release of Liability Agreement in order to be allowed to perform work or services for SANDAG. The document is available from the Contracts Department.
2. If SUBRECIPIENT does not purchase Auto Liability insurance because it has no vehicles that will be used in the course of performing work pursuant to this AGREEMENT, and its business will not utilize hired or non-owned vehicles in the course of performing work pursuant to this AGREEMENT in the state of California, then SUBRECIPIENT will be required to sign the Automobile Liability Waiver and Release of Liability Agreement in order to be allowed to perform work or services for SANDAG. The document is available from the Contracts Department. Until the Waiver is signed or Auto Liability insurance consistent with this Agreement is purchased and approved by SANDAG, SUBRECIPIENT is not authorized to use a vehicle in the course of performing work pursuant to this AGREEMENT.
K. Self-Insured Retentions
Any self-insured retentions must be declared to SANDAG. At the option of SANDAG, the SUBRECIPIENT shall provide a financial guarantee satisfactory to SANDAG, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
L. CLAIMS -MADE COVERAGES
If any of the SUBRECIPIENT’s insurance is written on a claims-made form:
1. The insurance coverage period must commence before the effective date of the AGREEMENT or the beginning of work performed pursuant to the AGREEMENT.
2. Insurance must be maintained, and evidence of insurance must be provided for at least two years after completion of work under the AGREEMENT.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the AGREEMENT effective date, the SUBRECIPIENT must purchase an extended reporting coverage for a minimum of two years after completion of work under the AGREEMENT.
4. A copy of the claims reporting requirements must be submitted to SANDAG for review.
M. Cross-Liability Coverage
If SUBRECIPIENT’s liability policies do not contain the standard ISO separation of insured’s condition, or a substantially similar clause, they shall be endorsed to provide cross-liability coverage.
N. Additional Insureds
The Commercial General Liability and Auto Liability policies shall name SANDAG and its directors, officers, agents, employees, and designated volunteers as additional insured in the endorsements and schedules.
O. Minimum Policy Limits and Requirements
SUBRECIPIENT must procure and maintain, and cause its third-party contractors to maintain, during the period of performance of this AGREEMENT and for 12 months following the termination date of this AGREEMENT, policies of insurance from insurance companies Attachment 2
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10 authorized to do business in the State of California or the equivalent types and amounts of selfinsurance, as follows:
Insurance Type Requirements Limits
Commercial General
Liability (CGL)
Coverage shall conform to ISO Form
CG 00 01 covering CGL on an
“occurrence” basis. Policy shall
include all elements of Coverages A,
B and C.
Limits no less than $1,000,000 - per
occurrence for bodily injury, personal
injury and property damage. The
general aggregate limit shall be twice
the required occurrence limit.
The policy shall be issued on an
occurrence basis.
Automobile Liability Coverage shall conform to ISO Form CA 00 01 covering any auto (Code 1)
or if SUBRECIPIENT has no owned
autos, covering hired (Code 8) and
non-owned autos (Code 9).
SUBRECIPIENT must cause its thirdparty contractor(s) to include SANDAG as a loss payee on its/their
policy.
Limit no less than $1,000,000 - per
accident for bodily injury and property
damage.
The policy shall be issued on a
combined single limit.
Workers’
Compensation and
Employer’s Liability
Insurance shall cover or insure under
the applicable laws relating to workers’
compensation insurance, all of their
employees working on or about the
Right-of-Way, all in accordance with
the “Workers’ Compensation and
Insurance Act,” Division IV of the
Labor Code of the State of California
and any Acts amendatory thereof.
As required by the State of California,
with Statutory Limits, and Employer’s
Liability Insurance with limit of no less
than $1,000,000 per accident;
$1,000,000 policy limit bodily injury
by disease; and $1,000,000 each
employee bodily injury by disease.
XVI. NONDISCRIMINATION
A. During the performance of this AGREEMENT, SUBRECIPIENT and all of its third-party contractors, if any, must not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of race, color, religion, creed, national origin, ancestry, age (over 40), gender identity or expression, sex (including pregnancy, childbirth, breastfeeding or related medical conditions), medical condition, physical or mental disability, genetic information, sexual orientation, marital status, military or veteran status or any other category protected under federal, state or local law. SUBRECIPIENT and its third-party contractors must ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. SUBRECIPIENT and its thirdparty contractors must comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this AGREEMENT by this reference as if set forth in full. SUBRECIPIENT and its third-party contractor must give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
B. SUBRECIPIENT must include the nondiscrimination and compliance provisions of this Section in all third-party contracts to perform work under this AGREEMENT.
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11 C. SUBRECIPIENT agrees to comply with all applicable civil rights statutes and implementing regulations, including, but not limited to, the following:
1. Nondiscrimination in Federal Transit Programs. The SUBRECIPIENT agrees to comply and assures the compliance of each third-party contractor at any tier under the Project, with the provisions of 49 USC 5332. These provisions prohibit discrimination on the basis of race, color, religion, national origin, sex, age, and disability, and prohibit discrimination in employment or business opportunity.
2. Nondiscrimination on the Basis of Disability. The SUBRECIPIENT agrees to comply and assures the compliance of each third-party contractor at any tier of the project, with the applicable laws and regulations, including any amendments thereto, discussed below, for nondiscrimination on the basis of disability.
a) Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794), prohibits discrimination on the basis of disability by recipients and subrecipients of federal financial assistance.
b) The ADA, as amended (42 USC 12101, et seq.), prohibits discrimination against qualified individuals with disabilities in all programs, activities, and imposes specific requirements on public and private providers of public transportation. c) DOT regulations implementing Section 504 and the ADA include 49 CFR 27, 37, 38, and
39. Among other provisions, the regulations specify accessibility requirements for the design and construction of new transportation facilities and vehicles; require that vehicles acquired (with limited exceptions) be accessible to and usable by individuals with disabilities, including individuals using wheelchairs; and include service requirements intended to ensure that individuals with disabilities are afforded equal opportunity to use transportation systems.
d) Providers of demand-responsive service must utilize accessible vehicles, as defined at 49 CFR 37.7, or meet the applicable equivalent service standard. For private and public entities, the service must be equivalent in regard to schedules, fares, response times, geographic areas of service, hours and days of service, availability of information, reservations capability, constraints on capacity or service availability, and restrictions on priority based on trip purpose.
e) In addition, those who receive any AGREEMENT funds should be aware that they also have responsibilities under Titles I, II, III, IV, and V of the ADA in the areas of employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other federal agencies.
3. Nondiscrimination-Title VI. SUBRECIPIENT agrees to comply, and assures the compliance of each third-party contractor at any tier of the Project, with all of the following requirements under Title VI of the Civil Rights Act of 1964:
a) Title VI of the Civil Rights Act of 1964, as amended (42 USC 2000d et seq.), provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act,” 49 CFR part 21.
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12 4. Equal Employment Opportunity. SUBRECIPIENT agrees to comply and assures the compliance of each third-party contractor at any tier of the project, with all equal employment opportunity (EEO) requirements of Title VII of the Civil Rights Act of 1964, as amended (42 USC 2000e et seq.), and with 49 USC 5332 and any implementing regulations DOT may issue.
5. Nondiscrimination on the Basis of Sex. SUBRECIPIENT agrees to comply with all applicable requirements of Title IX of the Education Amendments of 1972, as amended (20 USC 1681, et seq.), with DOT implementing regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 CFR part 25.
6. Nondiscrimination on the Basis of Age. SUBRECIPIENT agrees to comply with all applicable requirements of the Age Discrimination Act of 1975, as amended, (42 USC 6101, et seq.), and Department of Health and Human Services’ (DHHS’) implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” (45 CFR 90), which prohibit discrimination against individuals on the basis of age. In addition, SUBRECIPIENT agrees to comply with all applicable requirements of the Age Discrimination in Employment Act (ADEA), 29 USC 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act” (29 CFR 1625), which prohibit employment discrimination against individuals on the basis of age.
D. Complaint Procedures
SUBRECIPIENT must record and track complaints made by employees, volunteers, clients, or the general public, including complaints relating to Title VI, ADA, and service quality, or any other grievance pertaining to the Project. SUBRECIPIENT must establish and implement procedures to ensure timely resolution of complaints, and sufficiently document steps taken to investigate and address complaints. SUBRECIPIENT must make these records available to SANDAG for inspection during audits. Additionally, SUBRECIPIENT must report service quality complaints to SANDAG on regularly submitted progress reports. If SUBRECIPIENT receives a Title VI-related or ADA-related complaint, SUBRECIPIENT must notify SANDAG in writing within 72 hours of receiving the complaint so that SANDAG can determine whether it needs to carry out its own investigation.
XVII. ELDER ABUSE REPORTING
A. California Welfare and Institutions Code (WIC) §15630 provides in part: “Any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives compensation is a mandated reporter.” B. To the extent SUBRECIPIENT or a third-party contractor at any tier is a mandated reporter, SUBRECIPIENT agrees to comply, and assures the compliance of its third-party contractors, with the applicable provisions of the Elder Abuse and Dependent Adult Civil Protection Act (WIC §15600, et seq.). Additional information and training for mandated reporters can be found on the California Department of Social Services website: https://www.cdss.ca.gov/inforesources/AdultProtective-Services.
XVIII. DRUG AND ALCOHOL TESTING
SUBRECIPIENT agrees to provide drug and alcohol testing of its drivers to the extent it is required by federal law.
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13 XIX. THIRD-PARTY CONTRACTING
A. SUBRECIPIENT must perform the work contemplated with resources available within its own organization, and no portion of the work will be completed by a third-party contractor without written authorization by SANDAG. Any third-party contract entered into as a result of this AGREEMENT must contain all the provisions in this AGREEMENT that are applicable to SUBRECIPIENT’s third-party contractor. By requesting approval from SANDAG for use of a thirdparty contractor, SUBRECIPIENT will be asserting to SANDAG that it has an independent contractor relationship with that third-party contractor that meets the requirements under California law.
B. SUBRECIPIENT must execute and cause its third-party contractors to execute debarment and suspension certificates stating they have not been disqualified from doing business with the federal government. SUBRECIPIENT must provide signed debarment and suspension certificates to SANDAG in advance of utilizing any third-party contractor.
C. Any third-party contract entered into by SUBRECIPIENT as a result of this AGREEMENT must mandate that travel and per diem reimbursements and third-party contract reimbursements will be allowable as Project costs only after those costs are incurred and paid for by the third-party contractor.
D. Although SUBRECIPIENT may delegate any or almost all Project responsibilities to one or more third-party contractors at any tier, SUBRECIPIENT agrees that it, rather than any third-party contractor, is ultimately responsible for compliance with all applicable laws, regulations, and this AGREEMENT.
XX. ETHICS
A. SUBRECIPIENT agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, board members, or agents engaged in the award or administration of third-party contracts supported with funding provided under this AGREEMENT.
SANDAG has established policies concerning potential conflicts of interest as provided in SANDAG Board Policy No. 016. This policy, which is available on the SANDAG web page, applies to SUBRECIPIENT.
B. For all awards by SANDAG or SUBRECIPIENT, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG and SUBRECIPIENT staff are specifically prohibited from participating in the selection process for a procurement when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract. It is unlawful for any contract to be made by SANDAG or SUBRECIPIENT if one of their respective board members 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 or SUBRECIPIENT.
Neither SANDAG nor SUBRECIPIENT’s officers, employees, agents, and board members will solicit or accept gifts, gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements.
C. SUBRECIPIENT’s written code of conduct must include the above provisions and penalties, sanctions, or other disciplinary actions for violation of these provisions by its officers, employees, board members, agents, or third-party contractors at any tier. By signing this AGREEMENT, SUBRECIPIENT affirms that it has no knowledge of an ethical violation by SANDAG or SUBRECIPIENT staff. If SUBRECIPIENT 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 at:
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14 SANDAG
Office of General Counsel
1011 Union Street, Suite 400
San Diego, California 92101
(619) 699-1900
XXI. COMPLIANCE WITH LABOR AND OTHER LAWS
A. If this Project will result in the construction, alteration, modification, or maintenance of a “Public Work,” as that term is defined in the Labor Code, then SUBRECIPIENT must conform to the provisions of the Labor Code applicable to Public Works as set forth in sections 1720 through 1815, all applicable regulations of the Department of Industrial Relations, and determinations of coverage as issued by the Director of Industrial Relations.
B. SUBRECIPIENT must include in all third-party contracts funded by this AGREEMENT which contemplate the actual construction of a Public Works project paid for by funds allocated under this AGREEMENT, a clause that requires each third-party contractor to comply with California Labor Code requirements that all workers employed on public works projects (as defined in California Labor Code 1720-1815) will be paid not less than the general prevailing wage rates predetermined by the Director of the State Department of Industrial Relations.
C. SUBRECIPIENT must comply with all federal, state, and local laws and ordinances applicable to this AGREEMENT. This includes compliance with laws defining independent contractors, when applicable. SUBRECIPIENT must pass all of the provisions in this section through to its thirdparty contractors at any tier.
D. SUBRECIPIENT must be aware of the requirements of the Immigration Reform and Control Act of 1986 and comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, consultants, and subcontractors that are contemplated by this AGREEMENT.
E. SUBRECIPIENT represents and warrants to SANDAG that it has all necessary licenses, permits, qualifications and approvals, of whatever nature, that are legally required for it to operate legally.
SUBRECIPIENT further represents and warrants to SANDAG that it shall keep in effect at all times during the term of this AGREEMENT any licenses, permits, and approvals that are required for it to perform under this AGREEMENT.
1. For-Hire Vehicle Permits
Should SUBRECIPIENT provide services in the cities of Chula Vista, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, and Santee, it is required to obtain a for-hire vehicle permit from the San Diego Metropolitan Transit System (MTS). More information is available on the MTS website at https://www.sdmts.com/business-center/for-hire-vehicle-administration .
F. The State Fire Marshal adopts building standards for fire safety and panic prevention. When applicable, SUBRECIPIENT must assure that any relevant Project plans meet the standards of the State Fire Marshal to ensure consistency with fire protection standards.
XXII. RECORDS RETENTION AND AUDITS
A. SUBRECIPIENT and its third-party contractors at any tier must establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line item for the Project. The accounting system of SUBRECIPIENT, and its third-party contractors at any tier, must conform to Generally Accepted Accounting Principles Attachment 2
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15 (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of SUBRECIPIENT and its third-party contractors at any tier connected with Project performance under this AGREEMENT must be maintained for a minimum of three years from the date of the SANDAG final payment to SUBRECIPIENT and be held open to inspection, copying, and audit by representatives of SANDAG and auditors representing the federal or state government. Copies must be furnished by SUBRECIPIENT and its third-party contractors at any tier upon receipt of any request made by SANDAG or its agents.
B. SUBRECIPIENT and its third-party contractors at any tier will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by SANDAG for the purpose of any investigation to ascertain compliance with this AGREEMENT.
XXIII. MEDIA AND COMMUNITY OUTREACH COORDINATION
A. SUBRECIPIENT agrees to keep SANDAG up-to-date on the Project and media and community outreach efforts, including presentations to community groups, other agencies, and elected officials. SUBRECIPIENT agrees to assist SANDAG with media or community events related to the grant-funded Project.
B. As part of the reports submitted to SANDAG, SUBRECIPIENT agrees to provide Project information to support SANDAG media and communications efforts. SUBRECIPIENT agrees to submit at least one project photo of high quality and one project testimonial to SANDAG at least on a quarterly basis for the duration of this AGREEMENT. High-quality photos should be high resolution with a minimum of 300 pixels per inch and submitted electronically in JPEG or JPG format. Project photos should be accompanied by captions with project descriptions, dates, locations, and names of those featured, if appropriate. Project testimonials should relay information provided by Project beneficiaries on how the Project advanced the FFGP program goals.
C. SANDAG reserves the right to use the information provided by SUBRECIPIENT for any purpose, including but not limited to: social media posts, online photo albums, videos, press releases, PowerPoint presentations, web updates, newsletters, and testimonials. In submitting photos to SANDAG, SUBRECIPIENT releases the rights of the photos to SANDAG for its use and affirms that the photos have been obtained with the consent of all persons featured in the photo (or that of a parent or guardian of persons under the age of 18) using the SANDAG Photo and Testimonial Release form to be provided by the SANDAG FFGP Program Manager, or a similar release form developed by the SUBRECIPIENT and agreed upon by SANDAG.
D. SUBRECIPIENT agrees to include the most current SANDAG logo on promotional materials for services funded by this AGREEMENT. SANDAG will provide SUBRECIPIENT with the logo upon request. The SANDAG logo may not be used for any purpose not expressly authorized by SANDAG.
XXIV. CHANGES IN TERMS OR CONDITIONS
This AGREEMENT may be amended or modified only by mutual written agreement of the Parties.
SUBRECIPIENT 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 SUBRECIPIENT’s ability to perform the Project in accordance with the terms of this AGREEMENT.
SUBRECIPIENT also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG interests in the Project or SUBRECIPIENT’s ability to carry out 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, SUBRECIPIENT Attachment 2
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16 agrees to send each notice to SANDAG required by this subsection to the SANDAG Office of General Counsel.
XXV. DISPUTES
A. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement will be finally decided by a SANDAG Chief Deputy or delegate, who may or may not consider any written or verbal evidence submitted by SUBRECIPIENT, in the Chief Deputy’s or delegate’s sole discretion.
B. Neither the pendency of a dispute nor its consideration by SANDAG will excuse either party from full and timely performance in accordance with the terms of the AGREEMENT.
XXVI. EARLY TERMINATION OF THIS AGREEMENT
This AGREEMENT may be terminated in whole or in part by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination by said notice, funds reimbursed to SUBRECIPIENT will include authorized noncancelable obligations and eligible costs incurred prior to receipt of the notice of termination.
XXVII. PROJECT CLOSEOUT
The termination date of this AGREEMENT refers to the last date for SUBRECIPIENT to incur valid Project costs or credits. SUBRECIPIENT has 60 days after the termination date of this AGREEMENT to make final allowable payments to third-party contractors, prepare a Project Closeout Report, and submit the final invoice to SANDAG for reimbursement for allowable Project costs. Any unexpended Project funds invoiced after 90 days post the termination date of this AGREEMENT will be forfeited and will no longer be accessible by SUBRECIPIENT to reimburse for Project expenses. A Project Closeout Report can be accessed by contacting the SANDAG FFGP Program Manager.
XXVIII. RELATIONSHIP OF PARTIES
It is expressly understood that this AGREEMENT is executed by and between two independent entities and that this is not intended to, and will not be construed to, create the relationship of agent, servant, employee, partnership, joint venture, or association, or any other relationship whatsoever other than that of an independent party.
XXIX. INTEGRATION AND SEVERABILITY
This AGREEMENT represents the entire understanding of SANDAG and SUBRECIPIENT as to those matters contained in it. No prior oral or written understanding is of any force or effect with respect to those matters covered under this AGREEMENT. This AGREEMENT may not be modified or altered except in writing, signed by SANDAG. If any provision of the AGREEMENT is determined invalid, the remainder of the AGREEMENT will not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. All Attachments to this AGREEMENT are incorporated by reference as though set forth in full.
XXX. FORCE MAJEURE
Either party is excused from performance hereunder if such non-performance results from acts of God, epidemics, war, riots, acts of governmental authorities, or any other cause that could not have been overcome by the exercise of due diligence or planning by the non-performing party. In the event of the occurrence of a force majeure event, the party unable to perform must promptly notify the other party within five calendar days and provide an explanation describing why the inability to perform is not due in whole or in part to its actions or inaction. It must further pursue its best efforts to resume performance as Attachment 2
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17 quickly as possible and suspend performance only for such period of time as is necessary as a result of the force majeure event.
XXXI. SURVIVAL
The rights, obligations, and conditions set forth in the Sections of this AGREEMENT entitled Indemnification and Liability, Insurance, Notification of Parties, Cost Principles, and any right, obligation, or condition that, by its express terms or nature and context is intended to survive the termination or expiration of this AGREEMENT, will survive until the last applicable statute of limitations expires.
XXXII. WAIVER
Neither the SANDAG review, approval, or acceptance of, nor payment for, any of the work required under this AGREEMENT is a waiver of any rights under this AGREEMENT by SANDAG.
XXXIII. PROHIBITED INTERESTS
As an FHWA designated recipient, SANDAG is required to inform the SUBRECIPIENT of the following information:
No member, officer, or employee of a local public body, during their tenure or for one year thereafter, shall have any interest, direct or indirect, in this AGREEMENT or the proceeds thereof. No member of or delegate to the Congress of the United States shall be admitted to a share or part of this AGREEMENT or to any benefit arising therefrom.
XXXIV. FHWA REQUIREMENTS
A. SUBRECIPIENT must execute prior to, or concurrently with, this AGREEMENT the FHWArequired certification forms. The federal government is not subject to any obligations or liabilities to any third-party contractor or any other person not a party to the agreement between SANDAG and FHWA. Notwithstanding any concurrence provided by the federal government in or approval of any solicitation, subagreement, or third-party contract, the federal government continues to have no obligations or liabilities to any party, including SUBRECIPIENT or any other third-party contractor.
B. SUBRECIPIENT recognizes that the requirements of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801, et seq., and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR 31, apply to its actions pertaining to this AGREEMENT. Accordingly, by signing the AGREEMENT, SUBRECIPIENT certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, or it may make pertaining to the AGREEMENT. In addition to other penalties that may be applicable, SUBRECIPIENT also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification, the federal government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on SUBRECIPIENT to the extent the federal government deems appropriate.
SUBRECIPIENT also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the federal government in connection with this AGREEMENT, the government reserves the right to impose on SUBRECIPIENT the penalties of 18 USC 1001, to the extent the federal government deems appropriate.
XXXV. ATTACHMENTS
The following attachments are incorporated into and are made part of this AGREEMENT by this reference. In the event of conflicting provisions, the following order of precedence will apply: (1) Standard Federal Provisions (Federal Highway Administration – Non-Construction); (2) SANDAG Board Policy No.
Attachment 2
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18 35: Competitive Grant Program Procedures; (3) this AGREEMENT; and (4) the remaining attachments to this AGREEMENT.
A. Project Description (Scope of Work, Project Schedule, and Project Budget) B. Performance Measures
C. Subaward Information
D. Standard Federal Provisions (Federal Highway Administration – Non-Construction) E. FFGP Grant Applicatoin
XXXVI. SIGNATURES
The persons below assert that they are authorized to execute this AGREEMENT and have executed it as of the date of the last signature below. This AGREEMENT may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. The Parties agree to the use of electronic signatures.
SAN DIEGO ASSOCIATION OF GOVERNMENTS INSERT SUBRECIPIENT NAME
ANTOINETTE MEIER
Senior Director of Regional Planning
INSERT SIGNATORY NAME
Insert Signatory Title
APPROVED AS TO FORM:
Office of General Counsel
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19 PROJECT DESCRIPTION
(SCOPE OF WORK, PROJECT SCHEDULE, AND PROJECT BUDGET)
[To be inserted at time of grant execution]
Attachment 2
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20 PERFORMANCE MEASURES
[To be inserted at time of grant execution]
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21 SUBAWARD INFORMATION
XXXVII.SUBAWARD IDENTIFICATION:
A. SUBRECIPIENT Name:
B. SUBRECIPIENT Unique Entity Identifier:
C. Federal Award Identification Number:
D. Federal Award Date:
E. Subaward Period of Performance-Start and End Dates:
Start:
End:
F. Amount of Federal Funds Obligated by this action: $
G. Total Amount of Federal Funds Obligated to SUBRECIPIENT by the pass-through entity, including the current obligation:
H. Total Amount of the Federal Award Committed to SUBRECIPIENT: $ I. Federal Award Project Description:
J. Name of:
1. Federal Awarding Agency: Federal Highway Administration
2. Pass-Through Entity: San Diego Association of Governments
3. Contact information for the awarding official:
SANDAG PM Name
SANDAG
1011 Union Street, Suite 400
San Diego, CA 92101
Insert SANDAG PM Phone Number
[email protected]
K. Assistance Listings Number and Title: 20.287 Surface Transportation Block Grant Program L. R&D Project? No
M. Indirect Cost Rate:
XXXVIII. ALL REQUIREMENTS IMPOSED BY SANDAG ON THE SUBRECIPIENT SO THAT
THE FEDERAL AWARD IS USED IN ACCORDANCE WITH FEDERAL STATUTES, REGULATIONS AND TERMS AND CONDITIONS OF THE FEDERAL AWARD:
A. Standard Federal Provisions (Federal Highway Administration – Non-Construction) is attached to this AGREEMENT.
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22 XXXIX. ANY ADDITIONAL REQUIREMENTS THAT SANDAG IMPOSES ON THE SUBRECIPIENT IN
ORDER FOR SANDAG TO MEET ITS OWN RESPONSIBILITY TO THE FEDERAL AWARDING
AGENCY, INCLUDING IDENTIFICATION OF ANY REQUIRED FINANCIAL AND PERFORMANCE REPORTS:
A. An approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal Government or, if no such rate exists, the de minimis indirect cost rate.
Specify the type of indirect cost rate or insert "Not Applicable" B. A requirement that the SUBRECIPIENT permits SANDAG and auditors to have access to the SUBRECIPIENT’S records and financial statements as necessary in accordance with the AGREEMENT.
See sections entitled “Complaint Procedures”, “Purchases by Subrecipient”, “Records Retention and Audits”, and Standard Federal Provisions (Federal Highway Administration – NonConstruction) sections entitled “Title VI Compliance”, “Information and Reports”, “Audit and Inspection of Records”, “Access Requirements for Persons with Disabilities”.
C. Appropriate terms and conditions concerning closeout of subaward:
See AGREEMENT section entitled “Early Termination of this Agreement”.
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23 STANDARD FEDERAL PROVISIONS (FEDERAL HIGHWAY ADMINISTRATION – NONCONSTRUCTION)
COMPLIANCE WITH FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS This AGREEMENT is subject to a financial assistance contract between SANDAG and the FHWA. All references to “Contractor” herein shall refer to “SUBRECIPIENT” as defined in the AGREEMENT. The provisions of this AGREEMENT exhibit shall apply to all subcontracts when FHWA funding will be used.
I. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
The federal government shall not be subject to any obligations or liabilities to any third-party contractor, or any other person not a party to the Grant Agreement or Cooperative Agreement between SANDAG and FHWA in connection with the performance of this AGREEMENT. Notwithstanding any concurrence provided by the federal government in or approval of any solicitation, subagreement, or third-party contract, the federal government continues to have no obligations or liabilities to any party, including SUBRECIPIENT or any other third-party contractor.
II. FALSE OR FRAUDULENT STATEMENTS AND CLAIMS
The Contractor recognizes that the requirements of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and United States DOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this contract. Accordingly, by signing the AGREEMENT, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, or it may make pertaining to the contract. In addition to other penalties that may be applicable, the Contractor also acknowledges that if it makes a false, fictitious, or fraudulent claims, statement, submission, or certification, the federal government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on the Contractor to the extent the federal government deems appropriate.
The Contractor also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the federal government in connection with an urbanized area formula Project financed with federal assistance authorized by 49 USC 5307, the government reserves the right to impose on the Contractor the penalties of 18 USC 1001, to the extent the federal government deems appropriate.
III. TITLE VI COMPLIANCE
During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows:
A. Compliance with Regulations
The Contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the DOT, 49 CFR 21, as they may be amended from time to time (the Regulations), which are herein incorporated by reference and made a part of this Contract.
B. Nondiscrimination
The Contractor, with regard to the work performed by it during the term of the AGREEMENT, shall not discriminate on the grounds of race, religion, color, sex, age, or national origin and/or other characteristic protected under applicable federal law or regulation in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Attachment 2
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24 Section 21.5 of the Regulations, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the Regulations.
The Contractor agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 USC 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 USC 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 USC 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 USC 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs;
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).
C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age, or national origin.
D. Information and Reports
Attachment 2
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25 The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the recipient or the FHWA to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the recipient, or FHWA, as appropriate, and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance
In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the recipient shall impose such contract sanctions as it or FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the Contractor under the AGREEMENT until the Contractor complies.
• Cancellation, termination, or suspension of the AGREEMENT, in whole or in part.
F. Incorporation of Provisions
The Contractor shall include the provisions of Paragraphs A through F of this Section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as SANDAG or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Contractor may request that SANDAG enter into such litigation to protect the interests of SANDAG, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
IV. NONCOLLUSION
Title 23, USC, Section 112, requires as a condition precedent to approval by the Federal Highway Administrator of the contract for this work that Contractor file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non-collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28 USC 1746, is attached.
V. LOBBYING
A. No Use of Federal Funds
SANDAG and Contractor shall not use federal assistance funds to support lobbying.
B. Certification
In accordance with 31 USC 1352 and United States DOT regulations, "New Restrictions on Lobbying," 49 CFR 20, if the Project exceeds $100,000, FHWA will not make any federal assistance available to the Contractor until FHWA has:
Attachment 2
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26 • Received the Contractor's certification that the Contractor has not and will not use federal appropriated funds to pay any person or organization to influence or attempt to influence an officer or employee of any federal department or agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal grant, cooperative agreement, or any other federal award from which funding for the Project is originally derived, consistent with 31 U.S.C 1352. • If applicable, the Contractor's statement disclosing any lobbying with nonfederal funds that has taken place in connection with obtaining any federal financing ultimately supporting the Project.
C. Required Disclosure
The Contractor agrees to provide SANDAG a copy of each lobbying disclosure statement with the accompanying lobbying certification provided by a prospective third-party contractor at any tier or subrecipient at any tier. The form is Certification of Restrictions on Lobbying (Part 5).
VI. MISCELLANEOUS
A. Taxes
SANDAG is not exempt from sales tax.
B. Environmental Violations
For all contracts and subcontracts in excess of $100,000, Contractor agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 7606), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11375 (Johnson, 1967), and EPA regulations (40 CFR 1 et seq.), which prohibit the use under nonexempt federal contracts, grants or loans, of facilities included on the EPA List for Violating Facilities. Contractor shall report violations to FHWA and to the United States EPA Assistant Administrator for Enforcement.
The Contractor and suppliers shall submit evidence that the governing air pollution criteria will be met. This evidence will be retained for on-site examination by FHWA.
C. Energy Efficiency
The Contractor shall comply with the California Energy and Pollution Reduction Act of 2015 (SB 350, 2015) issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).
D. Prohibited Interests
No member, officer, or employee of a local public body, during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this AGREEMENT or the proceeds thereof.
No member of or delegate to the Congress of the United States shall be admitted to a share or part of this AGREEMENT or to any benefit arising there from.
E. Buy America
The Contractor's attention is directed to the Build America, Buy America Act (BABA), governing steel, iron, manufactured products and construction materials permanently incorporated into federal aid projects, enacted as part of the Infrastructure Investment and Jobs Act (IIJA) on November 15, 2021 and is located at Pub. L. No. 117-58, §§ 70901-52. Contractor shall comply with additional federal laws and regulations implemented by the U.S. Office of Management and Attachment 2
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27 Budget, the U.S. Department of Transportation and FHWA governing BABA, including but not limited to 49 USC 5323(j), 49 USC 22905(a), 2 CFR Part 184, 23 CFR 635.410 and 49 CFR 661.
While professional services are not typically subject BABA, the Contractor understands that they are responsible for ensuring compliance with BABA. Absent a waiver or exemption, Contractor shall not approve for use in this Project, any iron, steel, manufactured products, or construction materials unless such materials have been produced in the United States. Contractor shall obtain all necessary compliance certificates for work that is within the scope of work. Failure to do so shall be a default under this AGREEMENT. Guidance on complying with BABA is outlined by the Office of Management and Budget’s Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18, 2022.
1. Waivers or exemptions
BABA includes substantive changes to the existing Buy America provisions. Compliance with the new requirements is required unless Contractor can qualify for a waiver or exemption.
Under limited circumstances, FHWA may waive Buy America requirements if the agency finds that:
• application of Buy America is inconsistent with the public interest; • the steel, iron, and goods produced in the U.S. are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; or • including domestic material will increase the cost of the overall project by more than 25 percent for rolling stock.
The process for seeking a waiver is set forth in 49 CFR part 661 et seq. The Contractor is responsible for determining if a waiver or exemption is applicable and ensuring the bid amount reflects any applicable waivers or exemptions. Within five days of written notification, the Contractor shall provide the necessary information to substantiate the cost of nondomestic items and the factual basis for the claim of exemption to the federal requirements, including and not limited to 49 USC 5323(j) and the regulations in 49 CFR 661.
Contractor is encouraged to apply for a waiver as soon as possible and to provide detailed requests to expedite FHWA’s review. FHWA’s determinations on waiver requests are published in the Federal Register for notice and comment.
Federal departments and agencies continue to update BABA guidance and regulations. For more information, please see Caltrans Local Assistance, Guidance and Oversight, Buy America 2.0 FAQ. Also, see Exhibit 12-G of the Caltrans Local Assistance Procedures Manual, Buy America Provisions, Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language as well as applicable FHWA, FTA, and FRA provisions. SANDAG will continue to update its materials as additional information and guidance become available.
2. Submittals
In the Buy America Certificate, Alternative 'A' or 'B,' must be completed and submitted with the proposal. A proposal which does not include either Alternative 'A' or 'B' or which includes both Alternative 'A' and Alternative 'B' may be considered nonresponsive.
A waiver from the Buy America provisions may be sought by the Contractor if grounds for the waiver or exemption exist. Inclusion of the Alternative 'B' certificate in a bid constitutes an application by the Contractor for an exemption to the Buy America requirement applicable to Attachment 2
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28 this type of contract. If a bid includes the Alternative 'B' certificate and an exemption is not granted, the bid will be considered nonresponsive.
The Act includes substantive changes to the existing Buy America provisions. Compliance with the new requirements is required unless Bidder can qualify for a waiver under the Act.
Federal departments and agencies continue to update guidance and regulations related to the Act. For more information, please see Caltrans Local Assistance, Guidance and Oversight, Buy America 2.0 FAQ. Also, see Exhibit 12-G of the Caltrans Local Assistance Procedures Manual, Buy America Provisions, Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language as well as applicable FHWA, FTA and FRA provisions . SANDAG will continue to update its materials as additional information and guidance becomes available.
A Certificate of Compliance shall be furnished for mandated materials as required under Buy America law and regulation. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States as required by the Act and applicable law and regulations.
While professional services are not typically subject to the Act, the Contractor understands that they are responsible for ensuring that compliance with the Act and, absent a waiver, Contractor shall not approve for use in this Project, any iron, steel, manufactured products, or construction materials unless such materials have been produced in the United States.
Contractor shall obtain all necessary compliance certificates for work that is within the scope of work. Failure to do so shall be a default under this Agreement. Guidance on complying with the Act is outlined by the Office of Management and Budget’s Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18,2022.
F. Cargo Preference - Use of United States Flag Vessels Contractor agrees:
• To utilize privately owned United States flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whether shipping any equipment, materials, or commodities pursuant to this Section, to the extent such vessels are available at fair and reasonable rates for United States flag commercial vessels.
• To furnish within 30 days following the date of loading for shipment originating within the United States, or within 30 working days following the date of loading for shipment originating outside the United States, a legible copy of a rated, "onboard" commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph 1 above to the Project Manager (through the prime contractor in case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, D.C. 20230, marked with appropriate identification of the Project. • To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this clause.
G. Preference For Products Manufactured in the United States Pursuant to 2 CFR 200.322, SANDAG’s preference is for the purchase, acquisition, or use of goods, products, or materials produced in the United States. To the greatest extent practicable, when using funding from this Agreement, SUBRECIPIENT will provide a preference for the Attachment 2
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29 purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
H. Statement of Eligibility
Contractor shall execute the Eligibility Certificate for Federally Funded Projects which is Part 1 of the Certifications for Federally Funded Contracts. The Contractor also shall have executed by its subcontractors a Subconsultant’s Statement of Eligibility, which is Part 4 of the Certifications for Federally Funded Contracts for each designated subcontractor. All Subcontractor's Statement of Eligibility forms will be made a part of the Agreement.
I. Clean Air and Water Requirements
Contractor shall comply with Section 508 of the federal Clean Water Act and Section 306 of the federal Clean Air Act.
J. Debarred Bidders (2 CFR 1200)
Contractor, including any of its officers or holders of a controlling interest, is obligated to inform the recipient whether or not it is or has been on any debarred bidder's list maintained by the United States Government. Should the Contractor be included on such a list during the performance of this Project, it shall so inform SANDAG.
Contractor shall include in all contracts with designated subcontractors, an obligation to declare whether or not the subcontractor, including any of its officers or holders of a controlling interest, is or has been on any debarred bidder's list maintained by the United States Government. Should a subcontractor be included on such a debarred bidder's list in the past, is now on such a list, or is placed on such a list during the performance of this Agreement, it shall so inform the Contractor.
Contractor shall notify SANDAG of any subcontracts with debarred contractors.
K. Audit and Inspection of Records
Contractor agrees that SANDAG, the Comptroller General of the United States, or any of their duly authorized representatives, shall, for the purpose of audit and examination be permitted to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project. Further, Contractor agrees to maintain all required records for at least three years after grantees make final payments and all other pending matters are closed.
L. Privacy
To the extent that Contractor at any tier, any subcontractor at any tier, or their employees administers any system of records on behalf of the federal government, the contractor at any tier, and their employees with the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC 552.
M. Energy Conservation
Attachment 2
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30 The Contractor agrees to comply with the mandatory energy efficiency standards and policies within the applicable state energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 USC 6321 et seq.
N. Access Requirements for Persons with Disabilities
Contractor agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC 794; and the following federal regulations, including any amendments thereto:
• DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR 37 • DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR 27 • DOT regulations, "ADA Accessibility Specifications for transportation Vehicles," 49 CFR 38 • DOT regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR 35
• DOT regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR 36
• Regulations adopted by the GSA in Appendices C and D to 36 CFR part 1191 (ABA Chapters 1 and 2, and Chapters 3 through 10) as the Architectural Barriers Act Accessibility Standard (ABAAS) 41 CFR 102-76.65
• Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR 1630 • Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 CFR 64(F) O. Federal Changes
Contractor shall at all times comply with all applicable FHWA regulations, policies, procedures, and directives, including without limitation those listed directly or by reference in Federal Form 1273 or this Agreement, as they may be amended or promulgated from time to time during the term of this Agreement. Contractor's failure to so comply shall constitute a material breach of this Agreement.
P. Safety: Accident Prevention
In the performance of this Agreement, Contractor shall comply with all applicable federal, state, and local laws governing safety, health, and sanitation (23 CFR 635). Contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SANDAG Project Manager may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the Agreement.
It is a condition of this Agreement, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this Agreement, that Contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, Attachment 2
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31 in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 USC 3700 et seq.).
Pursuant to 29 CFR 1926.3, it is a condition of this Agreement that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 USC 3700 et seq.).
Q. False Statements Concerning Highway Projects
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on federal-aid highway Projects, it is essential that all persons concerned with the Project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the Project is a violation of federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the Project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 USC 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-Aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more than $10,000 or imprisoned not more than 5 years or both." R. CERTIFICATIONS
1. Certification Regarding Debarment, Suspension, Ineligibility, And Voluntary Exclusion By signing and submitting its proposal, Contractor provided the certification set out below and reaffirms it by executing the Agreement. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this Agreement. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the determination of SANDAG whether to enter into this Agreement. Contractor’s failure to Attachment 2
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August 18, 2026 City of Coronado Page 228
32 furnish a certification or an explanation shall disqualify such firm/person from participation in this Agreement.
• The certification in this subsection is a material representation of fact upon which reliance was placed when SANDAG determined to enter into this transaction. If it is later determined that the Contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, Caltrans, or SANDAG may terminate this Agreement for cause of default.
• Contractor shall provide immediate written notice to SANDAG if at any time Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
• The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this subsection and the Debarment and Suspension Certificate, which is Part 3 of the Certifications for Federally Funded Contracts, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 (Reagan, 1986). Contractor may contact SANDAG for assistance in obtaining a copy of those regulations. • Contractor agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this Agreement, unless authorized by SANDAG. • Contractor further agrees that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided in this Agreement, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. • A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Non-procurement List) which is compiled by the General Services Administration.
• Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.
The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. • Except for transactions authorized by SANDAG, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, SANDAG may terminate the Agreement for cause or default.
2. Certification Regarding Debarment, Suspension, Ineligibility, Voluntary Exclusion-Primary Covered Transactions
SUBRECIPIENT certifies to the best of its knowledge and belief, that it and its principals:
Attachment 2
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August 18, 2026 City of Coronado Page 229
33 • Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. • Have not within a three-year period preceding submission of its proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property.
• Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses. • Have not within a three-year period preceding submission of its proposal had one or more public transactions (federal, state, or local) terminated for cause or default. • Where Contractor is unable to certify to any of the statements in this certification, such prospective participant shall provide SANDAG a written explanation prior to execution of the Agreement.
3. Instructions For Certification - Lower Tier Covered Transactions Applicable to all subcontracts, purchase orders, and other lower-tier transactions of $25,000 or more - 2 CFR 1200
The certification in this clause is a material representation of fact upon which reliance was placed when this Agreement or a related contract was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, Caltrans or SANDAG with which this Agreement originated may pursue available remedies, including suspension and/or debarment.
The prospective lower tier participant shall provide immediate written notice to the person to which its bid/proposal was submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
The prospective lower tier participant agrees by submitting its bid/proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by SANDAG.
The prospective lower tier participant further agrees by submitting a bid/proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or Attachment 2
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August 18, 2026 City of Coronado Page 230
34 voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
Except for transactions authorized by SANDAG, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, Caltrans, or SANDAG may pursue available remedies, including suspension and/or debarment.
4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions
The prospective lower tier participant certifies, by submission of its bid/proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to its bid/proposal.
Attachment 2
Item 4.f
August 18, 2026 City of Coronado Page 231
CITY COUNCIL STAFF REPORT
Quarterly CIP Projects Progress Report
RECOMMENDATION
Receive report and provide direction, as appropriate.
BACKGROUND
The City of Coronado has a robust Capital Improvement Program (CIP) with over 50 projects. As part of the most recent approval of the Fiscal Year 2026-27 CIP on June 2, 2026, projects were prioritized into groups: Active (Anticipated for Construction), Active, As-available and Long-Term. The intent of the groupings was to provide the community with a better understanding as to when projects would be completed.
The intent of the Quarterly CIP Projects Progress Report is to provide the City Council and community with a regular update on the progress of the projects. This helps to gauge performance and serves as a tracking tool. Additionally, it advances the discussion of workload capacity, prioritization and provides the City Council and community an opportunity to inquire about the status of a project(s). The City Council last considered the report at the February 3, 2026, meeting. An interim update was provided to the CIP Subcommittee in April, and projects were reviewed by the City Council as part of the annual budget process in May.
ANALYSIS
The attached report provides the status of the CIP projects within the Active (Anticipated for Construction) and Active groups as of July 1, 2026. Should projects in the As-available and Long Term groups have staff capacity for advancement, future reports will include those updates.
FISCAL IMPACT
None. Tracking progress and providing updates on projects is important to ensure that projects are delivered efficiently and with transparency to the expectations of the City’s Budget and Financial Plan.
ALTERNATIVE
The Council may decline the progress report and provide alternate direction.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not applicable.
PUBLIC NOTICE
No notice is required.
ATTACHMENTS
1. FY 2026-27 CIP – Active Projects List
Submitted By: City Manager's Office/Tina Friend
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August 18, 2026 City of Coronado Page 232
FY 2027 CIP - Active Project List
Category Project Title Priority Funding
Source(s)
Estimated
Project Cost Status as of 7/1/2026 Jurisdiction / Agency Approval Needed TROW Shores Median SR-75 from Avenida Del Sol to Avenida Lunar Active GF, TN 2,776,649 In construction, approximately 30% complete. Contractor projecting completion in October but dependent on Caltrans and SDGE approvals for revised traffic control and electrical meter installation. Completion estimated by end of October 2026.
Caltrans / Caltrans, SDGE
TROW Street Preventative Maintenance - Zone 2 and 3 Active HUTA, TN 1,661,181 Contract awarded; construction expected to begin in September. City / None TROW Adella Ynez Undergrounding Active CDA 2,250,000
Plans and specifications completed. SDGE has communicated final city plans need revisions. Staff waiting for comments from SDGE. City / SDGE, AT&T, Charter SD First Street Storm Water Pump Station Flood Relief Active WW 1,400,000 Finalizing power source design/permitting w/ SDGE; ordering pre-packaged pump station.
Advertising in Q3 2026; Construction anticipated in Q1 2027.
Port of San Diego / Port of San Diego and Ferry Landing Tenant, SDGE, City building permit
TROW Downtown Enhancement Phase I Active GF 2,000,000
90% design plans and specifications under review. Advertising in Q3 2026; Construction anticipated by Q2 2027. Caltrans / Caltrans
PF Golf Driving Range Improvements Active GOLF TBD 90% design plans and specifications under review. Goal: Advertise in Q4 2026. City / City building permit CF Police Women's Locker Expansion Active GF 450,000
Design complete and building permit approved; finalizing specifications and preparing to advertise in Q3 2026. City / City building permit
WW Pump Station Improvements - Cays Active WW TBD
Under design; Additional geotechnical investigations ordered; design may change to simplify constructability. Goal: Complete design Q2 2027. City / City building permit, Regional Board SD Bandel Pump Station Improvements - Underground Active SD TBD Previously identified hatch rehabilitation has been completed however additional rehabilitation work is required; still finalizing scope of work for other subterranean pump station repairs as staff is available. City / SDGE, City building permit, Regional Board CF City Hall Office Expansion Active GF TBD Design proposal received and being processed for approval. City / City building permit TROW Coronado Gateway Active TOLL, EAR TBD
City staff working with Caltrans staff to determine what elements of project can be approved. Project timeline for construction (if) to be after suicide deterrent project which is expected to begin late 2026 until 2029.
Caltrans / Caltrans
TROW Downtown Enhancement Phase II Active RMRA, TN, GF TBD Conceptual designs under review; once finalized concept will be submitted to Caltrans for review; Goal: Q3 2026.
Caltrans / Caltrans, SDGE
TROW First Street Undergrounding Active CDA, GF, ASSMT 7,000,000 SDGE is updating the design. Expecting new plans end of August. City staff and consultant to perform site walk to update private overhead services.
City / SDGE, AT&T, Cox, Charter
SD Five Points Drainage Preliminary Engineering Active TN TBD Hydrology / hydraulic analysis being revised; Goal: Design options under review by 2027. City and Port of San Diego, City building permit, Port of San Diego, Army Corps, Regional Board
PF Golf Course Irrigation Replacement Active GF TBD Continued coordination with on-call consultants to identify a potential project management team with experience on golf course projects that can coordinate delivery of the project Port of San Diego / Port of San Diego, City building permit PF JDSC Emergency Generator Active CDBG TBD
No update; Changes to applicable building/electrical codes need to be accounted for in the project design. Need City building permit and County of San Diego (due to use of CDBG funds) approval before advertising project.
City / City building permit, County of San Diego
PF Library Roof, HVAC and Solar Replacement Active FRF 7,800,000* Solar and battery energy storage system feasibility analysis being finalized; anticipating presentation to City Council in Q3. * Does not include solar/battery systems.
City / City building permit, SDGE
TROW Neighborhood Lighting & Street Improvements Along Third and Fourth Streets Active TOLL TBD No update; Project design on hold until additional coordination with Caltrans can take place to determine which project elements are acceptable to Caltrans. Caltrans / Caltrans, Other permits to be determined by project CF Public Services Yard Wash Pit Rehabilitation Active SD, WW TBD Project kickoff will commence based on staff availability and completion of other projects. City / City of San Diego, City building permit WW Pump Station Improvements - Pine Active WW TBD Project kickoff will commence based on staff availability and completion of other projects. City / City building permit TROW Silver Strand Undergrounding - Crown Cove to Loews Coronado Active 20A, CDA TBD City staff to follow up with Caltrans regarding permanent encroachments needed by SDGE. Caltrans / Caltrans, SDGE, Cal American TROW Seawall Stabilization & Repair Active TN, GF TBD
Pre-filing meetings have taken place with ACOE, RWQCB and SDUPD. These meetings provided our consultant with the information needed to present a formal application to the 3 regulatory agencies. Consultant is currently scheduling the formal meetings.
City and Port of San Diego / Army Corps, Port of San Diego, Regional Board
TROW Street Preventative Maintenance - Zone 4 Active RMRA TBD Project kickoff will commence based on staff availability and completion of other projects. City / None WW Wastewater Force Main Improvements - Citywide Active WW TBD Assessments of force mains underway; physical testing of largest force mains completed; findings and recommendations anticipated to be completed in Q4.
TBD
WW Wastewater Main Improvements - Adella/Ynez Active WW TBD Procurement of a Project Management team underway to oversee project design City / None WW Wastewater Main Improvements - Alameda Active WW TBD Procurement of a Project Management team underway to oversee project design City / None WW Wastewater Main Improvements - Parker Basin (Grouped Projects) Active WW TBD 60% design review complete; CEQA/NEPA evaluation underway; Goal: 90% plans under review in Q4 2026. City / EPA, Cal American, Regional Board
SD Storm Drain Repairs at Various Locations Active SD, TN TBD Project kickoff will commence based on staff availability and completion of other projects. City / EPA, Cal American, Regional Board WW Wastewater Main Rehabilitation - Village Basin 2 Active WW TBD CCTV of all basin pipes complete; assessment and prioritization recommendations under review. City / None Active Projects Anticipated to be in Construction Fiscal Year 2026-27 - Sorted by Expected Construction Start Date Active Projects - Sorted Alphabetically
Attachment 1
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August 18, 2026 City of Coronado Page 233
Item 8a – Councilmember Kelly Purvis Report — August 2026 July 28, 2026 – Coronado Cays Park Dog Fence Project Ribbon Cuƫng AƩended the opening of the new Cays Dog Park Fence with my dogs. Excited to see this new fenced area that creates a safer, more welcoming space for off-leash dogs in this beauƟful park. Ozzie and Pearl approve!
August 6, 2026 - METRO WASTEWATER JOINT POWERS AUTHORITY (METRO JPA) MeeƟng A significant milestone was reached with Padre Dam Municipal Water District’s approval of the revised Second Amended and Restated Agreement (SARA). The revisions resulted from discussions among Padre Dam, the City of San Diego and the Metro JPA ExecuƟve Team and included three changes: (1) changing the voƟng threshold for billing-related changes from two-thirds to three-fourths; (2) incorporaƟng the FuncƟonal AllocaƟon Billing (FAB) methodology as an exhibit to SARA; and (3) establishing an effecƟve date of July 1, 2026, to apply retroacƟvely once the revised agreement is fully approved and executed.
These changes were determined to be non-substanƟve. Coronado is currently in the process of execuƟng the revised SARA. City Manager Tina Friend briefed all Councilmembers regarding the revisions and her intenƟon to execute the document on behalf of the city. With approval by all parƟcipaƟng agencies, implementaƟon of SARA and the transiƟon to FAB began July 1, 2026.
The Board received and approved the FY 2024–25 two-year financial audit and considered the FY 2026 Fourth Quarter Treasurer’s Report and reimbursement agreements with the City of San Diego for administraƟve and engineering services.
Of parƟcular importance to Coronado, the Board approved revisions to the FY 2027 JPA cost allocaƟons based on the new FuncƟonal AllocaƟon Billing (FAB) methodology. FAB replaces the previous StrengthBased Billing methodology. The amendment does not change the JPA’s total operaƟng budget or total dues collected; rather, it reallocates membership dues among parƟcipaƟng agencies using the new FAB allocaƟon factors.
The Board also voted to close the Metro JPA LinkedIn account and make no changes to its current Social Media Policy. The JPA will not establish accounts on other social media plaƞorms at this Ɵme and will instead focus communicaƟons through its newly launched website, MetroJPA.org. The website will conƟnue to be expanded with informaƟon and resources for parƟcipaƟng agencies and the public.
AddiƟonally, the Board iniƟated a complimentary trial membership in the California AssociaƟon of SanitaƟon Agencies (CASA) through December 31, 2026. The trial will allow the Board and ExecuƟve Team to evaluate CASA’s legislaƟve advocacy, technical resources, educaƟonal programs and professional development opportuniƟes before determining whether ongoing membership would benefit the JPA.
There is no financial cost associated with the trial.
Next Metro JPA/Commission MeeƟng: September 3, 2026.
Item 8a.
Councilmember Purvis
August 18, 2026
Item 8.a
August 18, 2026 City of Coronado Page 234
8a
August 18, 2026
Councilmember Amy Steward
JUL
1 Environmental Law Institute Summer School – Clean Water Act 4 Fourth of July Parade
8 Environmental Law Institute Summer School – Energy Law and Energy Transition
9 Teresa Acosta, President-elect, League of California Cities 13 Cal Cities San Diego Division Meeting
17 Imperial Beach Mayor Mitch McKay’s Breakfast & Community Awards 20 City Managers Meeting
21 League of California Cities Top Remaining Bills Webinar Closed Session
City Council Meeting
22 Remaining Bills Webinar, 9:30am
Coastal Cities Quarterly Meeting Coastal Act 101 (see below) 23 Coastal Cities Leadership Committee Meeting prep for annual conference 24 Environmental Law Institute – Climate briefing
27 Coronado Firefighter Local 1475 meeting
28 Ribbon Cutting for Cays Dog Park (My Policy 2 completed) 29 Offshore Drilling Meeting with Save Our Shores
31 Prep for 2x2 City / CUSD Meeting on August 4
AUG
3 Prop 4 Grant Funding Exploration Meeting
4 City / CUSD 2x2 Meeting, City Hall 2pm
Prop 4 Grant Funding Discussion, CM Friend
Coastal Cities Quarterly Meeting, California Coastal Act 101 July 22, 2026
I am sharing a few details of our quarterly meeting as it is helpful for everyone who lives in a coastal city to have a basic understand the California Coastal Act.
The Coastal Zone Defined
The coastal zone spans California coast from Mexico to Oregon, including coastal land, waters, and offshore islands. It typically extends inland about 1,000 yards but varies up to 5 miles in sensitive areas or to the first major ridgeline. It is narrower in dense urban zones. San Francisco Bay area is regulated under BCDC, not the Coastal Act framework. It is important to note that 76 local jurisdictions (approximately 15 counties and 61 cities) fall within the coastal zone.
Coastal Act 101
Item 8a.
Councilmember Steward
August 18, 2026
Item 8.a
August 18, 2026 City of Coronado Page 235
With representatives across most coastal zones in attendance, Melissa Sparks-Kranz (Cal Cities) and Jordan Wells (CSAC) provided an overview of the California Coastal Act and its implications for local governments. They reviewed the Act's focus on protecting coastal resources, maximizing public access, and prioritizing coastal-dependent development, while explaining the respective roles of the California Coastal Commission and certified local governments. The presenters discussed how Local Coastal Programs (LCPs) return coastal permitting authority to cities and counties once certified, while noting that certain projects remain appealable to the Coastal Commission.
The presentation also covered key development and public access policies, including directing growth to existing communities, protecting coastal-dependent uses, and evaluating shoreline protection measures in the context of sea level rise. Finally, the speakers highlighted SB 272 (2023), which requires coastal jurisdictions to incorporate sea level rise adaptation plans into their LCPs by January 1, 2034, using the best available science and identifying vulnerabilities, adaptation strategies, implementation priorities, and infrastructure needs.
Q & A discussion revolved around several recurring issues: ADU permitting conflicts, van-life/overnight parking, sea-level rise funding/prioritization.
Item 8a.
Councilmember Steward
August 18, 2026
Item 8.a
August 18, 2026 City of Coronado Page 236
CITY COUNCIL STAFF REPORT
Quarterly Cross-Border Water Quality Update
RECOMMENDATION
Receive an update on recent activities regarding cross-border water pollution.
BACKGROUND
Following a long history of City of Coronado engagement in ocean water quality advocacy, in 2023 the City Council authorized the formation of an ad hoc City Council subcommittee on cross-border water pollution. In 2024 and 2025, the City Council authorized similar subcommittees. On March 17, 2026, the City Council authorized the Border Water Quality Advisory Subcommittee to continue the City’s strong policy and funding advocacy, information sharing and coordination. Mayor Duncan and Councilmember Fleming were appointed to serve on the Council subcommittee.
In addition, Councilmember Downey continues on the National League of Cities (NLC) Energy, Environment and National Resources Committee, advocating for cross-border water pollution on the national platform. Councilmember Fleming also serves as a City representative to the NLC.
Councilmember Steward serves as the San Diego County representative on the Cal Cities Coastal Cities Group, advocating for ocean water quality and issues affecting the entire San Diego coastline.
The City’s collective focus is to advance essential improvements and sustained maintenance investments for the International Boundary & Water Commission’s (IBWC) South Bay International Wastewater Treatment Plant, Mexico’s San Antonio de los Buenos Wastewater Treatment Plant (SAB Plant or Punta Bandera) and related infrastructure to stop cross-border water pollution.
This report provides an opportunity for quarterly updates on activities. It will be augmented with additional presentations and information at the August 18, 2026 meeting.
ANALYSIS
Status of U.S. EPA / IBWC and Mexico Wastewater Infrastructure Projects In August 2025, the IBWC received a 10 million gallons per day (MGD) increase, from 25 MGD to 35 MGD, expansion in treatment capacity. This expansion was effected through temporary, mobile treatment units intended to bridge the gap until the permanent expansion is completed. The IBWC continues to work on the permanent expansion of treatment capacity to 50 MGD, a doubling of the current capacity, by December 2027. As of the latest report, this completion timeline remains intact.
In 2025, IBWC installed a pilot program for nanobubble ozone treatment and in December, released a positive report on the outcome of the pilot program. More details can be found on the IBWC’s website:
www.ibwc.gov
On July 1, 2026, the U.S. Environmental Protection Agency (EPA) and International Boundary & Water Commission (IBWC) released a quarterly project update (attached). A summary of capital project progress follows:
Item 8.b
August 18, 2026 City of Coronado Page 237
Progress has been made in most areas, with tangible project completion for some and procurement phase for others. These are maintenance capital projects to improve the collection and conveyance infrastructure for wastewater and will result in fewer discharges to the Tijuana River.
The “Memorandum of Understanding between the United Mexican States and the United States of America on Addressing the Sanitation and Environmental Crisis in the Tijuana–San Diego Region”, referred to as Minute Order 333 and enacted in December 2025 included larger scale projects that would deliver the strongest cross-border water pollution deterrence:
• Expanding the San Antonio de los Buenos Wastewater Treatment Plant (SAB Plant) from 18.26 million gallons per day (MGD) treatment capacity to 43.37 MGD; • Exploring an ocean outfall pipe to move the SAB discharge point from the existing onshore point to offshore;
• Developing a Tijuana water infrastructure master plan to ensure that sufficient water infrastructure is planned and constructed commensurate with anticipated population growth; • Conducting a comprehensive mass balance flow analysis of the Tijuana water system.
Each project is in the planning phase. The designed Minute 333 work group is reviewing engineering and feasibility studies for the ocean outfall and preparing a scope of work for the comprehensive mass balance flow analysis for the Tijuana water system. Precise status on the SAB Plant expansion and comprehensive Tijuana water infrastructure master planning is unclear.
United States-Mexico-Canada Agreement (USMCA) and Cross-Border Commerce The United States Trade Representative continues to negotiate with Mexico to revise and strengthen the United-States-Mexico-Canada (USMCA) trade agreement. Coronado, in letters from November 2025, to testimony at the formal USMCA Hearings in January, to a Mayoral advocacy visit to Washington, DC in March, to additional calls and meetings, strongly urges Ambassador Greer to strengthen consequences and economic penalties for Mexico if sewage discharges continue and wastewater infrastructure is not maintained and scaled for future growth. These discussions are ongoing and persistent.
Additionally, in SANDAG discussions of enhancing cross-border commerce with investments in the Otay Mesa East Port of Entry project, Coronado strongly advocates for environmental accountability and investment in wastewater capacity to properly accommodate that growth.
Item 8.b
August 18, 2026 City of Coronado Page 238
Local Water Quality Testing Methodologies
In 2022, the County of San Diego moved to a new water quality testing technology, ddPCR. The test delivers more rapid results, within eight hours, and was promised to be calibrated to the nationwide standard test, Enterolert. Accordingly, Coronado was expected to experience the same amount of advisories and closures with the ddPCR method as with the Entrolert method. Instead, Coronado immediately experienced a much higher rate of advisories and closures. The attached peer-reviewed journal article, “The relationship between Enterolert and ddPCR concentrations of enterococci in summer samples from beaches in Coronado, California” published in the Journal of Microbiological Methods discusses findings of disparities between the tests and suggests additional study is warranted for proper calibration.
Continuation of Local Emergency Declaration
The City Council continued its “Declaration of Local Emergency Due to Impacts from Cross-Border Water Pollution” on July 21, 2026. As required by State law, the City Council will evaluate the continuation of this declaration every 60 days.
FISCAL IMPACT
There is no direct fiscal impact associated with this item.
ALTERNATIVE
The City Council may provide alternate direction.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
This action is not subject to CEQA.
PUBLIC NOTICE
No public notice is required for this item.
ATTACHMENTS
1. EPA and IBWC Quarterly Update: July 1, 2026
2. Minute Order 333 (2025)
3. Journal of Microbiological Methods Article (2026)
Submitted By: City Manager's Office / Tina Friend
Item 8.b
August 18, 2026 City of Coronado Page 239
INTERNATIONAL BOUNDARY AND WATER COMMISSION
UNITED STATES AND MEXICO
4191 N. Mesa Street • El Paso, Texas 79902-1423
915.832.4100 • 1-800-262-8857 • https://www.ibwc.gov
For Immediate Release
July 1, 2026
EPA, USIBWC RELEASE QUARTERLY UPDATE ON
IMPLEMENTATION OF 100% SOLUTION TO PERMANENTLY
END TIJUANA RIVER SEWAGE CRISIS
The U.S. Environmental Protection Agency (EPA) and the U.S. Section of the International Boundary and Water Commission (USIBWC) released their second quarterly public update for 2026 detailing the implementation of two historic agreements signed with Mexico in 2025 to permanently end the years-long Tijuana River sewage crisis.
The Trump Administration has been working at a relentless pace to bring relief to the people of San Diego, who for decades have been inundated with sewage from Mexico via the Tijuana River Channel and the coast. The decades-long crisis has closed beaches, polluted water, fouled the air, and caused hopelessness. Since his first visit in April 2025, EPA Administrator Lee Zeldin has moved at “Trump Speed” to identify, secure, and implement a 100% solution to permanently and urgently end the crisis, resulting in the signing of a Memorandum with Understanding (MOU) with Secretary of the Environment and National Resources of Mexico Alicia Bárcena Ibarra in Mexico City in July 2025.
Building on that momentum, the U.S. and Mexico agreed to Minute 333 in December 2025, which laid out a host of actions, including additional projects, research, and planning for operation and maintenance of critical systems to account for future population growth in Tijuana.
Section 1(b) of the MOU requires the United States and Mexico to issue clear, coordinated, and at least quarterly updates to the public. This quarterly public update details the historic progress both nations have made towards fully and faithfully executing the MOU and Minute 333. “At the Trump EPA, we practice what we preach. When we promise an urgent and permanent 100% solution to this crisis, we deliver one. And when we promise radical transparency along the way, that’s exactly what you get. These quarterly updates are a crucial part of delivering on that promise and ensuring Americans can be confident their government is working for them,” said Administrator Lee Zeldin. “As this update shows, we’re continuing our relentless pace in ensuring that Mexico meets its funding commitments, that projects are being built on the tightest possible timelines, and that actions are being taken to plan for future population growth in the region. Safeguarding human health and the environment is EPA's foremost responsibility, and we are committed to ensuring that every American has clean air, land, and water.”
“The USIBWC, under the leadership of President Trump, is honored to stand alongside our partners at EPA as we work together to address the Tijuana River pollution crisis,” said USIBWC Commissioner Chad McIntosh. “Whether it's expanding the treatment capacity of our South Bay plant in record time or trying innovative, safe technologies to clean up the Tijuana River and reduce Attachment 1
Item 8.b
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odors, we are bringing a sense of urgency to our mission of protecting Americans from exposure to Mexican sewage.”
Since the last quarterly public update in March, the Trump Administration and Mexico have taken a number of important actions to end the sewage crisis, including EPA releasing previously agreed to Border Water Infrastructure Program (BWIP) funds to begin construction on Pump Station 1 (PB-1) and Tijuana River Gates projects. Mexico is also advancing procurement and construction of critical sewer line and pump station rehabilitations. Additionally, both the U.S. and Mexico have advanced progress on a suite of actions agreed to in Minute 333, including infrastructure projects, research studies, and planning for operation and maintenance (O&M) of critical sites and systems that will account for future population growth in Tijuana.
See the full quarterly public update below:
Recognizing Mexico’s progress in meeting MOU commitments, EPA released previously agreed to Border Water Infrastructure Program (BWIP) funds to begin construction on Pump Station 1 (PB-1) and Tijuana River Gates projects.
PB-1: Mexico began construction on this essential project on April 27. The project will eliminate potential catastrophic discharges and increase total pumping capacity to 80 million gallons per day (MGD). Project completion is expected in November 2027.
Tijuana River Gates: This project will eliminate at least 5 MGD of sewage from entering the Tijuana River. Phase 1 project completion is expected by mid-July 2026. Phase 2 is currently in procurement. Project completion is expected at the end of January 2027.
These two projects will help improve wastewater reliability, prevent spills, manage flow, reduce pollution, and lower the risk of flooding.
USIBWC reports continued progress towards expanding the South Bay International Wastewater Treatment Plant (SBIWTP) to increase treatment capacity to 50 million gallons per day (MGD).
USIBWC is advancing early work packages that lay the groundwork for the full expansion to 50 MGD, including site preparation and procurement of long-lead equipment to keep the project on schedule.
Parallel Gravity Line: The rehabilitation of the Parallel Gravity Line will prevent future ruptures and spills from entering the U.S. through canyons along the border. Project completion is expected in August 2026.
In May, two separate sections of the Parallel Gravity Main collapsed within roughly two weeks.
Mexico reported the first collapse on May 14 and completed emergency repairs on May 16.
A second collapse was reported on May 31, with emergency repairs completed on June 4, 2026.
Both ruptures have been fully repaired.
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For both events, SBIWTP received excessive flows, and USIBWC took preventative action by deploying additional staff and equipment to treat over 40 MGD. Because of this urgent response, USIBWC successfully prevented transboundary flow from reaching San Diego-area residents.
USIBWC Commissioner Chad McIntosh contacted his Mexican counterpart, Commissioner Adriana Reséndez of the Mexican Section, to press for a 24/7 repair effort and urge Mexico to do everything possible to keep wastewater out of the Tijuana River.
Since surpassing its 2026 funding commitment, Mexico is advancing procurement and construction of critical sewer line and pump station rehabilitations, which will prevent sewage discharges into the Tijuana River:
Insurgentes Collector rehabilitation – construction to begin on June 29 Two pump stations: PB-Matadero and Laureles PB-2 – in procurement phase Poniente Interceptor rehabilitation – in construction phase with expected completion in December 2026
Oriente Interceptor rehabilitation – in construction phase with expected completion in December 2026
Carranza Collector rehabilitation – in construction phase with expected completion in December 2026
The U.S. and Mexico have advanced progress on a suite of actions after Minute 333 was enacted in December 2025, including infrastructure projects, research studies, and planning for operation and maintenance (O&M) of critical sites and systems that will account for future population growth in Tijuana. This includes the following:
Mexico completed the sediment basin at Matadero Canyon in May 2026, meeting the pre-rainy-season construction goal and reducing sediment and debris impacts.
The binational O&M Workgroup continues developing long-term strategies to ensure critical infrastructure is maintained along the border.
The binational Minute 333 Work Group reviewed existing engineering and financial feasibility studies for an ocean outfall at the San Antonio de los Buenos Wastewater Treatment Plant and prepared a scope of work to conduct a comprehensive mass balance flow analysis of the Tijuana water system.
The Minute 333 Work Group is also advancing a scope of work for a transparent, real-time binational monitoring system to track flow inputs and outputs to the Tijuana River, strengthening accountability between both countries.
For more information:
Attachment 1
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Frank Fisher
Public Affairs Chief
[email protected]
(915) 494-6027
The historic Memorandum of Understanding was signed in Mexico City, Mexico, on July 24, 2025, between the United States and Mexico to address and solve the decades-long Tijuana River sewage crisis. Photo courtesy of USIBWC.
Attachment 1
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Memorandum of Understanding
between the United Mexican States
and the United States of America on
Addressing the Sanitation and
Environmental Crisis
in the Tijuana–San Diego Region
The United Mexican States (“Mexico”) and the United States of America (“United States”), hereinafter referred to as "the Participants";
RECOGNIZING the longstanding environmental, public health, and national security consequences caused by untreated wastewater and stormwater contaminated with raw sewage flows from Tijuana into the United States;
RECALLING the productive meeting held April 21, 2025, in San Diego, California, between Secretary of the Environment and National Resources of Mexico (“SEMARNAT”), Alicia Bárcena Ibarra and U.S. Environmental Protection Agency (“EPA”), Administrator Lee Zeldin, and the successive communications and meetings that have followed; WELCOMING the important advances made through the completion of the International Collector Phase I and the San Antonio de los Buenos Wastewater Treatment Plant (“SAB WWTP”);
DESIRING to coordinate cross-border solutions that permanently stop untreated wastewater from polluting coastal communities, harming public health, and damaging the environment on both sides of the border;
REAFFIRMING commitments made under International Boundary and Water Commission (“IBWC”) Minute No. 328 ("Minute 328") and the public acknowledgments by President Donald J. Trump and President Claudia Sheinbaum of the importance of resolving this binational challenge;
ACKNOWLEDGING the joint program for 2025–2027 developed by Comisión Nacional del Agua (“CONAGUA”), IBWC, and SEMARNAT, as presented during the April 30 binational meeting at the South Bay International Wastewater Treatment Plant (“SBIWTP”), San Ysidro, California, which aims to reinforce the wastewater conveyance infrastructure for the newly expanded SAB WWTP facility;
ENDORSING that the projects and efforts in this memorandum of understanding are strategic and complementary, and that collectively, they provide an immediate response to this crisis while delivering a long-term solution that integrates innovative approaches to wastewater reuse and management for the region;
REALIZING that Mexico and the United States accept the commitments in this memorandum of understanding in good faith, both countries are supporting these efforts by facilitating access to resources authorized by their respective authorities and laws, as well as leveraging other complementary funding sources;
Attachment 2
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Memorandum of Understanding
between the United Mexican States
and the United States of America on
Addressing the Sanitation and
Environmental Crisis
in the Tijuana–San Diego Region
NOTING the North American Development Bank (“NADBank”) Board of Directors meeting that took place on June 12-13, 2025, in Ciudad Juarez, Chihuahua; and calling on the NADBank to take all appropriate actions to accelerate projects mitigating transboundary wastewater flows between Tijuana and San Diego; and
NOTING the Council Session of the Commission for Environmental Cooperation (“CEC”) to take place in Mexico City on July 24–25, 2025,
The Participants have reached the following understandings:
1. The Participants expect:
a. The U.S. and Mexican Commissioners of the IBWC to:
i. Review the status of all Tijuana wastewater infrastructure projects, including Minute 328 projects;
ii. Jointly review progress on the SBIWTP; and
iii. Develop a joint communication strategy to notify stakeholders of issues and project progress regularly.
b. The EPA, SEMARNAT, the U.S. and Mexican Sections of the IBWC, and the U.S. and Mexican Consulates in Tijuana and San Diego to meet regularly at an operational level and issue clear, coordinated, and at least quarterly public updates.
2. The United States intends to:
a. Release EPA Border Water Infrastructure Program (“BWIP”) funding to complete the rehabilitation of Pump Station 1 (“PB-1”) and Tijuana River collection pipes (Tijuana River Gates) upon initiation of construction in accordance with Section 3(a). b. Provide, during the period of validity of Minute 328 and subject to the availability of appropriations, BWIP funds for the projects corresponding to Sections 3(b.i.F) and 3(b.ii.A).
c. Expand treatment capacity at the SBIWTP from 25 to 50 million gallons per day (“MGD”) by December 2027, with an interim expansion to 35 MGD by August 2025.
Provide for Operation and Maintenance (“O&M”) to be included in project cost.
Attachment 2
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August 18, 2026 City of Coronado Page 245
Memorandum of Understanding
between the United Mexican States
and the United States of America on
Addressing the Sanitation and
Environmental Crisis
in the Tijuana–San Diego Region
d. Inform Mexico of expenses incurred for the trash removal and sediment dredging activities carried out on its side of the Tijuana River, when such activities are undertaken in accordance with relevant IBWC Minutes, including Minute 258.
3. Mexico intends to:
a. Immediately seek internal funding—such as through CONAGUA or the Government of Baja California—to initiate the construction process of the following projects in 2025:
i. Diversion of 10 MGD of treated effluent entering the Tijuana River from the Arturo Herrera and La Morita WWTPs to a site upstream of the Rodríguez Dam (USD$13.3M); and
ii. Rehabilitation of the Parallel Gravity Line (USD$8.42M). b. Allocate the remaining Minute 328 funds as part of Mexico’s 2026-2027 budgets, including half (USD$46M) in 2026 and half (USD$47M) in 2027, to facilitate completion of the remaining Minute 328 projects by December 31, 2027, or sooner in accordance with the following project priority schedule:
i. Construction in Calendar Year 2026:
A. Rehabilitation of the Insurgentes Collector;
B. Rehabilitation of PB Matadero and Laureles Pump Station 2; C. Rehabilitation of Poniente Interceptor;
D. Rehabilitation of the Oriente Interceptor;
E. Rehabilitation of the Collector Carranza; and
F. Backup power supply for PB1.
ii. Construction in Calendar Year 2027:
A. Upgrades to the Arturo Herrera and La Morita WWTPs;
B. International Collector Phase II;
C. Rehabilitation of the Antiguo Force Main;
D. Lift station and force main from Sainz Canyon to Arturo Herrera; and E. Enclose the open channel from PB1 to SAB WWTP.
c. Secure full funding of operation and maintenance for Minute 328 infrastructure projects.
4. The Participants intend to enter into a new Minute by December 31, 2025, or sooner, which will, at minimum, contain the following actions and be executed immediately Attachment 2
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August 18, 2026 City of Coronado Page 246
Memorandum of Understanding
between the United Mexican States
and the United States of America on
Addressing the Sanitation and
Environmental Crisis
in the Tijuana–San Diego Region
through existing or new binational workgroups led by the two Sections of IBWC upon agreement. These actions are deemed necessary to ensure a comprehensive and durable solution to address transboundary wastewater management issues, human health concerns, and environmental conditions in the Tijuana River watershed:
a. Initiate engineering and financial feasibility of installing an ocean outfall at the SAB WWTP in Tijuana, building upon prior studies conducted by the NADBank and the Tijuana Utility - CESPT;
b. Assess the technical and financial feasibility of expanding treatment capacity of the SAB WWTP in Tijuana from 18.26 to 43.37 million gallons per day (MGD); c. Construct and maintain the sediment basin at Matadero Canyon (currently undertaken by Secretariat of National Defense of Mexico SEDENA);
d. Expand the Tecolote–La Gloria WWTP to 3 MGD;
e. Develop and encourage consistent implementation of best practices and guidelines for stormwater management and construction runoff control to reduce inflow rates and downstream deposition of trash and sediment.
f. Through Minute 320, identify sediment and trash projects that can be cost-shared amongst appropriate entities (for example, enhancements to stormwater infrastructure serving roadways along urbanized sections of the Tijuana River; trash capture devices, and sediment dredging operations);
g. Develop a routine schedule and cost-sharing formula for cleaning and sediment dredging operations in the Tijuana River;
h. For Mexico, share information with the United States on the anticipated additional flows to the Tijuana wastewater system from the proposed Rosarito Desalination Plant.
i. Evaluate supplementary treatment for SAB WWTP effluent (e.g., ozonation for disinfection, odor control, and reduction of chemical usage). j. Create an O&M account at NADBank which would set aside a portion of all dollars provided to Mexico to be held for future O&M costs.
i. The O&M account should be developed in partnership with NADBank and a new binational workgroup, which would explore and design alternative O&M strategies to ensure proper maintenance of infrastructure investments, Attachment 2
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August 18, 2026 City of Coronado Page 247
Memorandum of Understanding
between the United Mexican States
and the United States of America on
Addressing the Sanitation and
Environmental Crisis
in the Tijuana–San Diego Region
ultimately extending their operational lifespan.
k. Develop a Tijuana water infrastructure master plan to ensure that sufficient water infrastructure is planned and constructed commensurate with anticipated population growth.
l. Conduct a comprehensive mass balance flow analysis of the Tijuana water system. m. Develop a transparent and real-time binational monitoring system to account for flow inputs and outputs in the Tijuana River and water quality data from the treated effluent discharged by the wastewater treatment plants in this memorandum of understanding.
5. The Participants intend for the following timeline to apply to the specified coordination and activities:
On at least a quarterly basis Convene IBWC Commissioners.
August 28, 2025 Complete expansion of the SBIWTP
from 25 to 35 MGD. (United States)
December 31, 2025, or sooner Initiate the construction process for the diversion of 10 MGD to a site upstream of the Rodriguez Dam, as well as the rehabilitation of the Parallel Gravity Line. (Mexico)
December 31, 2025, or sooner Enter into a new Minute as described in Section 4.
December 31, 2027, or sooner Complete all Minute 328 projects. For Mexico, doing so following the project priority schedule in Sections 3(a) and 3(b).
within 100 days Evaluate all infrastructure project construction schedules to ensure completion at the earliest possible date.
6. The Participants affirm their deep and urgent commitment to the permanent well-being of the San Diego and Tijuana communities, environmental protection, and regional resiliency.
7. This Memorandum of Understanding becomes operative upon the signature of both Participants.
Attachment 2
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Memorandum of Understanding
between the United Mexican States
and the United States of America on
Addressing the Sanitation and
Environmental Crisis
in the Tijuana–San Diego Region
Signed in Mexico City, on the 24th day of July, 2025, in duplicate, in both the English and Spanish languages.
FOR THE UNITED MEXICAN STATES FOR THE UNITED STATES OF AMERICA Alicia Bárcena Ibarra Lee M. Zeldin
Secretary of the Environment and Natural Administrator of the Environmental Resources Protection Agency
Attachment 2
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The relationship between Enterolert and ddPCR concentrations of enterococci in summer samples from beaches in Coronado, California Matthew E. Verbyla a,*, Rosanna Lacarra b
a Department of Civil, Construction, and Environmental Engineering, San Diego State University, 5500 Campanile Dr, San Diego, CA, United States of America b LaRoc Environmental, P.O. Box 324, Carlsbad, CA, United States of America
A R T I C L E I N F O
Keywords:
Fecal indicators
Alternative methods
Recreational water quality
Beach management
ABSTRACT
Enterococci, widely used as a fecal indicator in coastal recreational waters, can be quantified using different methods, including the culture-based Enterolert method and the newer, more rapid droplet digital polymerase chain reaction (ddPCR) method. Previous studies on the correlation between culture-based and PCR-based methods have shown mixed results. To address this knowledge gap, data from a study conducted at three beaches in the city of Coronado, California during the summer of 2023 were analyzed to compare ddPCR-based concentrations of Enterococcus with Enterolert-based concentrations of enterococci in samples collected daily for approximately two months. The concentrations using both methods were consistent with the lognormal distribution. A linear regression between ddPCR and Enterolert concentrations was statistically significant with an R2 value of 0.41, but the slope was significantly lower than slopes reported in previous studies. The index of agreement between the two methods was 0.25, but it increased to 0.47 when the ddPCR concentrations were scaled to Enterolert equivalents using the regression. When comparing beach action values based on Enterolert and ddPCR, the false positive rate associated with the use of ddPCR was 56.3 %. Overall, the results of this study showed a discordance between the Enterolert and ddPCR methods at Coronado beaches during the summer of 2023, indicating that the relationship may be influenced by spatial and temporal factors.
1. Introduction
Fecal indicator bacteria can be quantified in water samples using culture-based methods and molecular methods (Harwood et al., 2019).
Enterolert (IDEXX) is a culture-based method that estimates the concentration of enterococci using a most probable number (MPN) approach based on the presence or absence of fluorescence created by the metabolism of a defined substrate. With the quantitative polymerase chain reaction (qPCR) method, concentrations of a microorganism of interest are estimated based on the amplification of a target DNA sequence relative to calibrator standards containing a known quantity of the target sequence. The droplet digital PCR (ddPCR) method partitions DNA from extracted samples into thousands of nanodroplets, then measures the presence or absence of the target DNA sequence in each nanodroplet and estimates the concentration using Poisson statistics.
Concentrations measured using PCR-based methods are not equivalent to those obtained using culture-based methods because there are inherent differences between the methods (Converse et al., 2012; Wang et al., 2016). PCR-based methods can detect free DNA and DNA from dead cells or non-culturable cells, in addition to the DNA from culturable cells, while culture-based methods only detect culturable cells. Culturebased methods also require overnight incubations, so results are not obtained until the day after samples are collected, but with PCR-based methods, results can be obtained a few hours after sample collection, facilitating more timely beach management decisions.
The United States Environmental Protection Agency (US EPA) has a standard culture-based method for the quantification of enterococci in ambient waters (US EPA, 2009). The Enterolert method, based on Standard Method 9230D and ASTM D6503–99, is an approved equivalent (40 CFR 136.3). The US EPA has also standardized qPCR methods for the quantification of Enterococcus in ambient waters (Methods 1611 and 1611.1) (US EPA, 2015, 2012), but to date no digital PCR methods have been standardized by the US EPA. Digital PCR methods offer several advantages over qPCR, such as greater sensitivity, higher precision, and less impact from inhibitors (Cao et al., 2015; Wang et al., 2016). In the United States, only approved US EPA methods can be used to support recreational water quality criteria and standards, but the US EPA’s Technical Support Materials for Alternative Indicators and Methods * Corresponding author.
E-mail address: [email protected] (M.E. Verbyla).
Contents lists available at ScienceDirect
Journal of Microbiological Methods
journal homepage: www.elsevier.com/locate/jmicmeth
https://doi.org/10.1016/j.mimet.2025.107346
Received 8 September 2025; Received in revised form 24 November 2025; Accepted 25 November 2025 Journal of Microbiological Methods 240 (2026) 107346
Available online 26 November 2025
0167-7012/© 2025 The Authors. Published by Elsevier B.V. This is an open access article under the CC BY-NC license ( http://creativecommons.org/licenses/bync/4.0/).
Attachment 3
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allows for the use of an alternative method, as long as it “has a consistent and predictable relationship with the original method” (US EPA, 2014).
Specifically, the manual states that, based on concentrations quantified using both methods, if the index of agreement (IA) (Willmott, 1981) is greater than 0.7, then the alternative method may be used with the same criteria as the original method—and if the IA is less than 0.7 but the R2 value is greater than 0.6, then the alternative method may be used with new numerical limits derived from a linear regression of the log10- transformed data (US EPA, 2014).
San Diego County, California, USA, has 70 miles of coastline along the Pacific Ocean. The southern part of the County shares an international border with the city of Tijuana, Mexico. The Tijuana River drains a watershed that straddles the US-Mexico border and flows through Mexico for most of its course, then crosses the border into San Diego approximately 5 miles upstream from its estuary with the Pacific Ocean.
Sanitary sewer collection and wastewater treatment infrastructure in Tijuana is under-designed and often overloaded, leading to periodic sewage spills that enter the Tijuana River and/or the Pacific Ocean (Rocha et al., 2022). Beaches in southern San Diego County, closest to the mouth of the Tijuana River, have historically experienced closures due to sewage pollution and exceedances of the enterococci Beach Action Value (BAV), which is 104 colony forming units (CFU) or most probable number (MPN) per 100 mL in the State of California, based on the use of culture-based methods. However, the extent to which these pollution sources become diluted and decayed before reaching beaches located further north is still a topic of ongoing research (Feddersen et al., 2021; Zimmer-Faust et al., 2021). Projected health risks at beaches as far north as the City of Coronado have been based on several assumptions that have yet to be specifically validated, such as the concentrations of pathogens (e.g., norovirus) in treated and untreated wastewater and the decay of pathogens and enterococci in estuarine and ocean waters (Feddersen et al., 2021).
A previous study that compared Enterolert-based measurements of enterococci with ddPCR-based measurements of Enterococcus in split samples from 51 different beach sites along the San Diego County coastline (Crain et al., 2021) used an approach that was similar to the methodology described in the US EPA Technical Support Materials for Alternative Indicators and Methods (US EPA, 2014), however there were some deviations with the way the data were analyzed. A training subset of the data from that study (N = 185) was used to develop a regression, referred to as the intrinsic copy number equation (ICE), which used ddPCR measurements to predict Enterolert-equivalent concentrations.
Then, using a separate test data set (N = 1086), the ddPCR values were first scaled into “Enterolert equivalent concentrations” using the ICE, then the IA was calculated. The ICE was used to propose a new ddPCRbased BAV of 1413 copies/100 mL. On October 6, 2020, the County received US EPA approval to use ddPCR in place of Enterolert as a pilot program for California. Since May 5, 2022, the ddPCR method and the new BAV have been used at most beaches in San Diego County, but some beaches have experienced more frequent BAV exceedances.
Previous studies have found that the empirical relationship between Enterolert- and PCR-based measurements of enterococci in environmental samples is not universal, even at a single beach, due to high temporal and spatial variability caused by the inherent differences between the two methods (Converse et al., 2012; Wang et al., 2016). To address this research gap, the City of Coronado carried out an independent study during the summer of 2023 entitled “Beach Water Quality Assessment by Testing Method”. Samples were collected from three beaches in Coronado during two peak summer recreation months and analyzed using Enterolert, and the ddPCR-based Enterococcus concentrations from samples collected on the same days by the County Department of Environmental Health and Quality (DEHQ) were acquired for comparison.
The objective of this study was to assess the agreement between the concentrations of enterococci (via Enterolert) and Enterococcus (via ddPCR) using the protocol described in the US EPA Technical Support Materials for Alternative Indicators and Methods (US EPA, 2014). In addition, historical beach monitoring data, downloaded from the California Beach Watch database (California State Water Resources Control Board, 2024) from the years 2019 through 2024 for all beaches in San Diego County, were compared to the Enterolert- and ddPCR-based BAVs, to analyze the rates of exceedance of the two different BAVs at the beaches before and after the County switched from the use of Enterolert to ddPCR.
2. Methods
2.1. Sample collection and analysis
A total of 186 water samples with volumes of 100 mL each were collected daily (with few exceptions) between June 26 and August 29, 2023 from three different beach sites in the City of Coronado (Fig. 1).
Samples were collected on the same day and at approximately the same time by the City of Coronado (for Enterolert analysis) and by the County DEHQ (for ddPCR analysis). The City of Coronado’s sample collection times were targeted to correspond as closely as possible with the times of the samples collected by County DEHQ, to minimize potential temporal differences. Specifically, 89 % of the samples collected by the City of Coronado were collected within 60 min of the samples collected by the County DEHQ and the median difference between sample collection times was 25 min, making them similar to field duplicates.
The Swimmable Waters Standard Operating Procedure was utilized to train sampling personnel tasked with sample collection (City of Coronado, 2022). The study design called for the collection of samples at three sites on at least 60 consecutive days in the summer. The sampling period took place during the peak summer beach recreation season.
However, it included both wet and dry periods, due to a storm (Hurricane Hilary) that occurred on August 20 and 21, 2023, which brought approximately 45 mm (1.8 in.) of precipitation. Due to hazardous weather conditions, samples were not collected between August 20–22, 2023. A total of 186 samples were collected and analyzed for enterococci by a laboratory accredited through the California Environmental Laboratory Accreditation Program (ELAP) for enterococci testing by Enterolert for ambient waters following Standard Method 9230D. Samples were diluted by a ratio of 1:10 prior to analysis and the concentrations were corrected for this dilution factor. The reporting limit (RL) for each sample was 10 MPN/100 mL.
Samples collected by the County DEHQ were analyzed for Enterococcus using ddPCR (Cao et al., 2018; Crain et al., 2021), and the data from these samples were obtained from the California Beach Watch database (California State Water Resources Control Board, 2024).
Enterococcus concentrations quantified by ddPCR were available for 114 out of the 186 samples collected by Coronado and analyzed for enterococci using the Enterolert method during the sampling period.
2.2. Data analysis
The Shapiro-Francia W statistic (Shapiro and Francia, 1972) was used to compare the goodness of fit of the data sets to three different distributions (normal, lognormal, and gamma). The maximum likelihood estimation (MLE) censored statistics method (Helsel, 2011) was used with the best fit distributions to estimate the geometric mean, standard deviation, and median concentrations of enterococci (via the Enterolert method) and Enterococcus (via ddPCR), for all samples, including non-detect values (samples for which the concentrations were below the detection limits). Calculations were done using Microsoft Excel and the R statistical software (v4.4.1) with the NADA and NADA2 packages (Julian and Helsel, 2021; Lee, 2022).
2.2.1. Comparison of Enterolert and ddPCR (method 1): US EPA method The concentrations measured using the two analytical methods were compared following Step 3 of the protocol described in the US EPA’s M.E. Verbyla and R. Lacarra Journal of Microbiological Methods 240 (2026) 107346 2 Attachment 3
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Technical Support Materials for Alternative Indicators and Methods (US EPA, 2014). First, the paired data points where one or both measurements were above or below the limit of quantification were omitted.
Next, samples with Z-scores greater than 3 or less than − 3 were considered potential outliers. The IA value was calculated using Eq. (1), where the x values are the log10-transformed concentrations using the approved method (Enterolert) and the y values are the concentrations using the alternative method (ddPCR). Note that Eq. (1) uses log10- transformed concentrations with the mean as the measure of central tendency, as described in the Technical Support Materials for Alternative Indicators and Methods (US EPA, 2014).
IA = 1 −
1 N
∑N
i=1(xi − yi)
2 1
N
∑N
i=1(|xi − x| + |yi − y| )2 (1)
The R2 value (Pearson’s correlation coefficient, squared) between the log10-transformed Enterolert concentrations (x) and the log10- transformed ddPCR concentrations (y) was also calculated (US EPA, 2014; Willmott, 1981). An IA value of 0.70 or greater demonstrates acceptable equivalence when evaluating the relationship between two methods (e.g., Enterolert and ddPCR); if IA is less than 0.70, then an R2 value of at least 0.60 demonstrates acceptable equivalence between the two methods (US EPA, 2014).
2.2.2. Comparison of Enterolert and ddPCR (method 2): Crain et al. (2021)
The data points within the range of quantification using both methods were also analyzed using an approach similar to the one described by Crain et al. (2021), which was different from the US EPA method (Method 1 in this paper). Briefly, the data points were randomly separated into a training set and a test set, and a simple linear regression (i.e., an ICE) was developed between the ddPCR concentrations (independent variable) and the corresponding Enterolert concentrations (dependent variable) from samples collected on the same dates. Outliers for the regression were identified using Cook’s distance (D) (Cook, 1977). The linearity and normality of the regression’s residuals, as well as the homogeneity of variance with respect to the independent variable (ddPCR concentrations) and with respect to the sample site, were also assessed. This regression (i.e., the ICE) was then used to scale ddPCR concentrations from the test data set into “equivalent” Enterolert concentrations, which were used as the y values to calculate the IA. Log10 transformations were not made on the data prior to developing the ICE, following the modified approach used by Crain et al. (2021). The original (non-log-transformed) Enterolert concentrations and the ICE-scaled ddPCR concentrations were used as the x and y values, respectively, in Eq. (2), which is a variation of Eq. (1) where the median, not the mean, is the measure of central tendency (Crain et al., 2021). For comparison, both the regression developed using the data from this study and the ICE published in the County-wide study (Crain et al., 2021) were used to scale the ddPCR concentrations, then the IA was calculated using Eq. (2).
IA = 1 −
1 N
∑N
i=1(xi − yi)
2 1
N
∑N
i=1(|xi − xmedian| + |yi − ymedian| )2 (2)
2.2.3. Analysis of exceedance rates at Coronado beaches Beach monitoring data were downloaded from the California Beach Watch database (California State Water Resources Control Board, 2024) for the years 2019 through 2024, for all beaches in San Diego County.
For each sampling station, the historical exceedances of the culturebased BAV of 104 MPN/100 mL and of the ddPCR-based BAV of 1413 copies/100 mL were normalized by the total number of samples at each station using each method to calculate the exceedance rates. Only sites with at least 10 or more samples analyzed using both methods were included in the calculations (sites with fewer than 10 samples may produce misleading results due to small sample size). The exceedance rates and concentrations were analyzed with respect to the distance between the sampling site and the mouth of the Tijuana River and the discharge in the Tijuana River at the US-Mexico border. The distances were estimated using the Haversine formula (Robusto, 1957) with the coordinates of each sampling site. Daily average discharge data for the Fig. 1. Area map of a portion of the San Diego County coastline pertaining to the City of Coronado, showing the three sample collection locations.
M.E. Verbyla and R. Lacarra Journal of Microbiological Methods 240 (2026) 107346 3 Attachment 3
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Tijuana River at the international boundary were downloaded from the International Boundary & Water Commission website (USIBWC, 2025).
The percent agreement, percent false negative, and percent false positive rates were calculated for the current ddPCR BAV of 1413 copies/100 mL using all data, including data points with results outside the limits of quantification. If enterococci were not detected in a sample, then the concentration was assumed to be below the BAV, since the limits of detection of both methods were well below the respective BAVs.
3. Results
3.1. Distribution of enterococci concentrations
Culturable enterococci concentrations were within the range of quantification in 83 of the 186 study samples. The other 103 samples were non-detects (<10 MPN/100 mL). Enterococcus was detected via ddPCR at levels within the range of quantification in 111 out of 114 samples obtained from the California Beach Watch database. The City of Coronado collected duplicate samples at the same locations and at approximately the same times as the 111 samples with quantifiable levels of Enterococcus via ddPCR, and enterococci was detected via Enterolert in 56 out of 111.
The median concentration by Enterolert was 7.8 MPN/100 mL, the geometric mean was 18.0 MPN/100 mL, and the standard deviation was
37.0. Both the median and the geometric mean concentrations were well below the culture-based BAV of 104 MPN/100 mL. The median concentration of Enterococcus by ddPCR was 1669 copies/100 mL, the geometric mean concentration was 3101 copies/100 mL, and the standard deviation was 4427. Both the median and the geometric mean concentrations were above the ddPCR-based BAV of 1413 copies/100 mL. Fig. 2 shows probability plots of the Enterolert and ddPCR concentrations, taking into account all data points (including non-detects) using regression on order statistics (Helsel, 2011; Lee, 2022). Both data sets had a better fit to the lognormal distribution than to the normal or gamma distributions (Figs. S1 and S2).
For the Enterolert data, three samples had Z-scores greater than 3 (samples L126, L127, L169 as shown in Tables S1 and S2), but all three of them were collected within three days of the rain event associated with Hurricane Hilary, so they were not treated as outliers. For the ddPCR data, three samples also had Z-scores greater than 3 (samples L127, L170, and L149), and two of them (L127 and L170) were collected within three days of Hurricane Hilary, so those two were not treated as outliers. The third one (L149) was collected on August 3, 2023 from the Avenida Lunar site, and since there were no weather events during that time, this data point was treated as an outlier. The Technical Support Materials for Alternative Indicators and Methods (US EPA, 2014) states that outliers considered to be “a result of measurement errors or anomalies” should be removed, but data points where the extreme concentrations are associated with environmental variability or sporadic conditions, such as storm events, “are part of the environmental variability and can be included in the data set.”
3.2. Comparison of Enterolert and ddPCR concentrations
Table 1 shows the results of the agreement calculations using the EPA Method (Method 1) and the method described by Crain et al. (2021) (Method 2), with the results reported by Crain et al. (2021) from the County-wide study for comparison.
Following the protocol outlined by the US EPA (2014) (Method 1), the IA was 0.25. A simple linear regression between the log10-transformed ddPCR concentrations and the log10-transformed Enterolert concentrations (N = 55) was statistically significant (p < 0.0001), with a slope of 0.5151, an intercept of − 0.3936, and an R2 value of 0.41.
Pearson’s correlation coefficient (r) between log10-scaled Enterolert and ddPCR concentrations was 0.64. These agreement metrics, calculated using Method 1, do not meet the minimum US EPA (2014) requirements (IA ≥ 0.70 or R2 > 0.60) for an alternative indicator/method.
Following the approach of Crain et al. (2021) (Method 2), samples with quantifiable concentrations using both Enterolert and ddPCR were randomly split into a training subset (N = 29) and a test subset (N = 27) (Tables S1 and S2). Sample L149, identified as an outlier based on its Zscore, was removed from the test subset, making the sample size N = 26.
Fig. 3 shows scatter plots of the training data set, with regression lines of best fit. The first regression (Fig. 3a), developed using all 29 Fig. 2. Probability plots of the Enterolert concentrations in MPN/100 mL (left) and ddPCR concentrations in copies/100 mL (right).
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points, was significant (p < 0.0001), and resulted in the following equation, with an R2 value of 0.6271: Enterolert = ddPCR x 0.0047 +
18.460. However, two data points (L127 and L171) were identified as potential outliers with relatively high Cook’s D values (5.58 and 0.75, respectively), indicating that they had high leverage. These two points corresponded to samples collected on August 24 and 25, 2023, within a few days of Hurricane Hilary, which resulted in approximately 1.8 in. of precipitation. Nonetheless, given their high leverage on the regression, they were removed from the training subset for a subsequent analysis.
The second regression (Fig. 3b), omitting these two data points, was still significant (p = 0.0045), and resulted in the following equation: Enterolert = ddPCR x 0.00385 + 22.072, with an R2 value of 0.2806. The regression had a significant slope (p = 0.0045) and intercept (p =
0.0007). Analysis of the residuals revealed slight deviations from the assumptions of linearity, homogeneous variance, and the normality of residuals (Fig. S3).
Using the remaining 26 data points from the test data set, an IA value of 0.55 was calculated with Enterolert concentrations and ICE-scaled ddPCR concentrations, using Eq. (2). The R2 value of the ICE-scaled ddPCR concentrations and the Enterolert concentrations from the test data set was 0.4652 (Fig. 3c). None of the IA and R2 values (using either Method 1 or Method 2) meet the minimum US EPA (2014) requirements (IA ≥ 0.70 or R2 > 0.60) for an alternative method.
3.3. Percent agreement with the BAVs
The currently approved ddPCR-based BAV was assessed at thresholds ranging from 500 to 35,000 copies/100 mL for all 87 data points that were not used in the training data set, including the 60 non-detect samples. Percent false positive, false negative, and overall agreement were calculated for the ddPCR-based BAV of 1413 copies/100 mL (Fig. 4). The agreement rate was largely based on the percent false positive, since the false negative rate was 0 % at all thresholds evaluated except for 35,000 copies/100 mL, when it was 1.1 %. The agreement rate (43.7 %) for the summer samples in Coronado was much lower than the rate of 90.4 % reported by Crain et al. (2021) for the County-wide data set and what was reported previously for the agreement between culture-based and qPCR-based measurements of enterococci (Raith et al., 2014).
3.4. Analysis of exceedance rates
Using data from the California Beach Watch database (California State Water Resources Control Board, 2024) for all sites in San Diego County between the years 2019 and 2024, the historical exceedance rate for all beaches in San Diego County was 6.6 % when Enterolert was used with the BAV of 104 MPN/100 mL (primarily from samples collected between January 2019 and May 2022). After the ddPCR method was implemented in May of 2022 with the new BAV of 1413 copies/100 mL, the exceedance rate for all beaches in the County increased to 59.2 %.
However, this increase was not uniform—exceedance rates changed differently for different sites. Beaches in Coronado (excluding Silver Strand State Park beaches) had an exceedance rate of 3.6 % when Enterolert was used, but with the ddPCR method, it increased to 60.7 %.
The exceedance rates for each sample site based on both methods is shown in Fig. 5a, where the dashed line shows a 1:1 relationship (i.e., if exceedance rates did not change at all, then all points would fall along this line). Sample sites falling to the upper left of this line experienced more frequent exceedances with ddPCR than with Enterolert, and sites on the lower right side of this line experienced less frequent exceedances with ddPCR. The only site experiencing significantly less frequent exceedances with ddPCR was OC-022 (Buccaneer Beach at Loma Alta Creek). All other sites have experienced similar or more frequent exceedance rates with ddPCR. Notably, Coronado beaches historically had similar exceedance rates (<10 %) as other beaches in San Diego County when Enterolert was used. Of all beaches that previously had culturebased exceedance rates below 10 %, Coronado beaches experienced the greatest increase in exceedance rates after switching to ddPCR (Fig. 5c).
Given that the Tijuana River and wastewater treatment plants located south of the US-Mexico border are major sources of fecal pollution in the County, the exceedance rates at all sites were plotted with respect to their distances from the Tijuana River (Figs. 5b and d).
The closest sites had greater changes in the exceedance rates after the implementation of ddPCR. Ignoring the bay sites (which are less hydraulically connected to the ocean), the relationship was nearly linear.
The lower ranges of the concentrations at each sampling location were similar regardless of the distance from the Tijuana River, but the upper range of concentrations appeared to decrease in a log-linear manner with respect to the distance (Fig. S4).
Given that the amount of flow in the Tijuana River that crosses the border from Mexico into the US has historically changed drastically from day to day, the relationship between the discharge in the Tijuana River at the international boundary and the enterococci concentrations was analyzed. Fig. 6 shows five years of Enterolert and ddPCR data at Table 1
Summary of IA values and Pearson’s r values for comparisons between concentrations measured using Enterolert and ddPCR.
This study Countywide study
(Crain
et al.,
2021)
Approach for
comparing the
two methodsa,b
Method 1
Method 2,
with
Coronado
ICE
Method 2,
with Countywide ICE
Method 2,
with
Countywide ICE
Data
transformation Log10 None None None
Training data set
sample size (to
develop ICE and
calculate R2
)
n/a
N = 27c
(Coronado
study)
N = 185
(Crain et al.,
2021)
N = 185
(Crain
et al.,
2021)
Slope of linear
regression 0.5151 0.00385 0.06183 0.06183
Intercept of linear
regression − 0.3936 22.07 16.61 16.61
Test data set
sample size (to
calculate IA and
R2
)
N = 55d
(Coronado
study)
N = 26d
(Coronado
study)
N = 55d
(Coronado
study)
N = 1086
(Crain
et al.,
2021)
ddPCR
concentrations
scaled using ICE
prior to
calculating IA?
Not scaled Scaled Scaled Scaled
Index of agreement
(IA) 0.25 0.55 0.43 0.72
Equation used to
calculate IA Eq. (1) Eq. (2) Eq. (2) Eq. (2)
Coefficient of
determination
(R2
)
0.41e
Training:
0.28f
Test: 0.47g
Training:
0.38f
Test: 0.35g
Training:
0.38f
Test: 0.36g
a Method 1: IA calculated following the protocol in the Technical Support Materials for Alternative Indicators and Methods (US EPA, 2014). b Method 2: IA calculated with ICE-scaled, log10 ddPCR values, using median for central tendency, following approach by Crain et al. (2021). c Sample size of 27 reflects the exclusion of outliers L127 and L171 (removed due to high leverage on regression).
d Sample sizes of 55 and 26 reflect the exclusion of outlier L149 (removed due to high Z value for ddPCR concentration).
e Represents the R2 value between (not scaled and not log10-transformed) ddPCR and (not log10-transformed) Enterolert concentrations. f Represents the R2 value between log10-transformed (but not scaled) ddPCR and log10-transformed Enterolert concentrations. g Represents the R2 value between ICE-scaled (not log10-transformed) ddPCR and (not log10-transformed) Enterolert concentrations.
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Coronado beaches from the California Beach Watch database, plotted with respect to the Tijuana River discharge, measured at the international boundary. The timeframe of the 2023 Coronado study is shown, as are the additional Enterolert concentrations collected by the City of Coronado during the study period. The Tijuana River discharge was relatively low during the study period (<10 million gallons per day (MGD)) compared to other dates within the five-year period, except for the week after Hurricane Hilary, where the discharge spiked to more than 1000 MGD, then stayed around 100 MGD for a few weeks. The ddPCR and Enterolert concentrations measured during the study period were consistent with what had been recorded at Coronado beaches during other periods with similar low Tijuana River discharge. Also, the Enterolert and ddPCR concentrations both spiked after August 21, 2023 (Hurricane Hilary), however the Enterolert concentrations quickly returned back to below the previous BAV while the ddPCR concentrations stayed above the new BAV.
4. Discussion
4.1. Distribution of enterococci concentrations
There is still a lack of agreement in the literature about what distribution best describes the concentrations of fecal microorganisms in surface waters. The lognormal distribution is often assumed because concentrations tend to be positively skewed (Canales et al., 2018), but deviations from assumed distributions can violate underlying assumptions of models, potentially creating biases for microbial risk estimates (Duarte and Nauta, 2015). Results from our study showed that enterococci concentrations from Coronado were consistent with the lognormal distribution, which concords with some previous studies (Nappier et al., 2019; Xie et al., 2015). For example, Enterococcus gene copies detected by qPCR and digital PCR in 24 surface water samples in northern California were lognormally distributed (Wang et al., 2016). Also, concentrations of enterococci quantified using Enterolert in samples collected quarterly from a southern California river for two consecutive years were also consistent with the lognormal distribution (Ibekwe et al., 2023). In most data subsets from a study of coastal and estuarine samples from southern California, log transformations of enterococci concentrations (quantified using Enterolert and qPCR) reduced skewness and eliminated deviations from normality, with few exceptions (Noble et al., 2010).
Other studies have reported deviations from the lognormal distribution in environmental samples. For example, an analysis of data from samples collected weekly at 18 beaches in Florida over a 20 year period revealed enterococci concentration distributions that deviated from both the normal and lognormal distributions (Tomenchok et al., 2021).
Fig. 3. Scatterplots of: a) regression developed using the full training data set (N = 29) from this study; b) regression developed using the modified training data set (N = 27), where points L127 and L171 were removed due to their high leverage; and c) ICE-scaled ddPCR concentrations vs. Enterolert concentrations from the test data set.
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Similarly, a meta-analysis of 163 datasets of E. coli and enterococci concentrations in bathing waters of Ireland revealed that 85 % of data subsets had significant deviations from the lognormal distribution (Chawla and Hunter, 2005). One distinction about these previous studies is that they included samples from large geographical regions, taken over long time periods, unlike the present study, which took place over approximately two months at three beaches in one city. Future studies of fecal indicators or waterborne pathogens in recreational waters should examine the influence of spatial and temporal factors on the distribution of the concentrations of fecal microorganisms.
4.2. Comparison of Enterolert and ddPCR concentrations
The IA and R2 values from this study were below the thresholds recommended by the US EPA (2014) for alternative indicators/methods.
While this study was not intended to satisfy US EPA requirements for an alternative equivalent method, the results nonetheless suggest a discordance in the relationship between the two methods, which is consistent with previous studies (Converse et al., 2012; Wang et al., 2016). Using Method 2, the IA from the present study (IA = 0.55) was lower than the IA reported by Crain et al. (2021) (IA = 0.72). Some of the reasons for this discrepancy may be the smaller sample size, shorter sampling duration, more uniform sampling sites, and different sampling methods. The Crain et al. (2021) study included over 1000 samples from 51 different sites spanning 70 miles of coastline. In the present study, 186 samples were collected over two months from three sites located within a stretch of 2.1 miles. Crain et al. (2021) split each sample for analysis using both methods. In the present study, paired samples were collected by different individuals on the same day and at approximately the same time—90 % of the samples for Enterolert were collected within an hour of the samples collected for ddPCR and the median difference between sample collection times was 25 min. Variability between replicate environmental samples is a topic of ongoing debate in the literature. In one study, different enterococci concentrations were reported in beach samples collected 1 to 10 min apart (Boehm, 2007). In another study, enterococci concentrations in samples collected every 10 to 20 min at locations 160 m apart did not vary significantly (Gronewold et al., 2013).
Results from this study showed that data analysis Method 2 strongly influenced the IA, compared to Method 1. Method 1 uses log10-transformed data to calculate the IA as described by the US EPA (2014), while Method 2 calculates the IA using non-transformed data after first scaling ddPCR values with a regression. This result was not surprising, given that IA measures additive and proportional differences between the data (Willmott, 1981; US EPA, 2014), and scaling the ddPCR concentrations with a regression before calculating IA affects both the additive and proportional aspects of the relationship between ddPCR and Enterolert—the intercept provides an additive adjustment, and the slope provides a proportional adjustment. In summary, Method 1 appears to be a more conservative and less biased approach for assessing the agreement between two alternative indicators/methods.
The IA from the present study (IA = 0.25, calculated using Method 1) was lower than IA values reported in other studies using the same data analysis method. When qPCR and Enterolert were compared at four Great Lake beach sites in weekly samples collected during the recreational seasons of two consecutive years, the IA ranged from 0.55 to 0.69 (Campbell and Kleinheinz, 2020). The IA values between qPCR and Colilert (to quantify E. coli) in samples from Great Lakes beaches have been reported as low as 0.38 (Campbell and Kleinheinz, 2020) to as high as 0.84 (Haugland et al., 2016). An IA of 0.71 was reported for E. coli detected by qPCR and Colilert at a beach in Michigan (Best et al., 2018), however this was based on only 18 samples collected on six different dates.
The R2 values from the present study are consistent with what has been previously reported. Crain et al. (2021) reported an R2 value of
0.38 for Enterolert and ddPCR. Lavender and Kinzelman (2009) found a significant correlation between qPCR and culture-based measurements of enterococci, with R2 values of 0.18 and 0.57, respectively, at 0.3 and
1.0 m sampling depths. In a study of coastal and estuarine samples from southern California, R2 values of 0.68 to 0.77 were reported between qPCR and Enterolert (Noble et al., 2010). Whitman et al. (2010) reported an R2 value of 0.55 between qPCR and US EPA Method 1600, and noted a significant linear decrease of the variance in the qPCR-based concentrations with increasing culture-based concentrations.
4.3. Beach management decisions and implications
Coronado beaches have experienced more frequent BAV exceedances using ddPCR with the new BAV than when Enterolert was used with the previous BAV. This could be explained by the low R2 value associated with the regression that was used to derive the new ddPCR-based BAV. A linear regression with an R2 value of 0.38 was used to propose 1413 ddPCR copies/100 mL as an equivalent BAV to the Enterolert-based BAV of 104 MPN/100 mL in San Diego County (Crain et al., 2021). However, the uncertainty of predictions made using a regression increases with lower R2 values. A regression with R2 below 0.6 does not have enough power to significantly distinguish between two levels (Prairie, 1996).
The purpose of a BAV is to classify a sample into binary groups (i.e., exceeds or does not exceed). Thus, a regression with a low R2 value may not be suitable for establishing equivalent BAVs for alternative methods or indicators. This is consistent with the recommendations made by the US EPA (2014), which state that even if the IA is less than 0.7, an alternative method can still be used to derive site-specific water quality criteria as long as the R2 value is greater than 0.6.
There are numerous possible explanations for the observed discordance between Enterolert and the ddPCR method for Enterococcus evaluated in this study. First, the two methods detect similar (but technically distinct) groups of microorganisms using two very different approaches. The Enterolert method detects culturable cells with the enzymes necessary to digest a defined substrate, while the ddPCR method for Enterococcus detects a portion of DNA from a conserved region of the 23S rRNA gene. The Enterolert method can have a false positive rate of ~5 % (Budnick et al., 1996), leading to overestimation in some matrices. Also, some bacteria that can metabolize the Enterolert substrate may have variations in the 23S rRNA gene sequence that is Fig. 4. Percent agreement, false positive, and false negative rates for the ddPCR-based BAV, based on the data from the Coronado study.
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targeted by ddPCR (Peperzak and Van Bleijswijk, 2021). The discordance between these methods might also be explained by the decay of bacterial cells, which is influenced by temperature, travel time, and solar intensity (Converse et al., 2012; Jennings et al., 2018). Dead cells will not be detected by Enterolert but ddPCR may still detect their DNA.
Also, a single Enterococcus cell has six copies of the 23S rRNA gene (Oana et al., 2002), which may explain why ddPCR concentrations are usually greater than Enterolert (Wang et al., 2016). Extracted DNA is often fragmented during sample processing, and if decayed samples have more fragmented DNA with fewer target genes per segment relative to non-decayed (intact) samples, then the 23S rRNA genes may not be Poisson-distributed. This can distort estimated ddPCR concentrations, similar to the way bacterial clumping can distort MPN results (Angelescu et al., 2024; Pouillot et al., 2013). The potential impact of this effect in ddPCR has not been well studied.
If microbial decay affects the relationship between Enterolert and ddPCR, then the proximity of sampling sites to the Tijuana River and the US-Mexico border may have an influence on observed concentrations and exceedance rates. Analysis of historical data from San Diego County beaches showed a linear relationship between the distance to the mouth of the Tijuana River and the exceedance rates under the new ddPCRbased BAV. The time series plots of Tijuana River discharge and enterococci concentrations also showed relatively higher concentrations during periods of greater discharge. During the Coronado study, there was a spike in enterococci concentrations immediately following Hurricane Hilary, but the Enterolert concentrations receded faster than the ddPCR concentrations. Together, these results suggest that advection, dispersion, and decay might affect the relationship between the two methods. In a nearshore coastal environment, these mechanisms are dependent on hydrodynamic conditions in the ocean (Feddersen et al., 2021; Zimmer-Faust et al., 2021), and their impact can be addressed using predictive modeling (Brasseale et al., 2023), paired with the use of multiple microbial indicators with differing rates of decay (Fani et al., 2024; Pinongcos et al., 2022).
5. Conclusions
The implementation of a new ddPCR-based BAV in San Diego County resulted in higher exceedance rates compared to the Enterolert-based BAV. Data from the present study provide evidence of a potential discordance in the relationship between ddPCR and Enterolert concentrations at Coronado beaches during the summer of 2023. Future Fig. 5. Scatter plots of: a) the historical exceedance rates at San Diego County beaches between 2019 and 2024 using either culture-based methods (with a BAV of 104 MPN/100 mL) or the ddPCR-based method (with a BAV of 1413 copies/100 mL); b) the ddPCR-based exceedances with respect to the distance from the mouth of the Tijuana River; c) the percent change in exceedances with respect to the exceedance rates using culture-based indicators; and d) the relationship between the change in exceedance rates with respect to the distance from the mouth of the Tijuana River. Sites with fewer than 10 samples are omitted.
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investigation is warranted to re-evaluate recreational criteria to ensure that BAVs derived from alternative indicators and/or methods account for spatial and temporal variability in the relationship between the different methods. For example, more research would be needed to determine if and how the relationship between Enterolert and ddPCRbased concentrations may change during different seasons, different years, and at different sampling locations. Spatial and temporal factors can be considered in future modeling efforts to derive ddPCR-based equivalent BAVs. Weather conditions can also be more carefully considered. San Diego County issues a 72-h advisory against water contact recreation following rain events (in lieu of water quality testing), a practice that is considered protective of public health. Future studies could explore the possibility of developing a BAV exclusively for dry weather conditions, using the 72-h advisory in lieu of a wet weather BAV. Human pathogens, especially viruses and protozoa, may have different levels of persistence in the environment relative to fecal indicator bacteria (Dean and Mitchell, 2022; Greaves et al., 2020; Wetz et al., 2004). Future research should examine if the method used to quantify the fecal indicators (e.g., PCR-based vs. culture-based) influences the relationship between indicators concentrations and actual risks from pathogens. Future assessments of alternative methods or indicators should analyze the agreement using the approach described by the US EPA (2014) (Method 1). The approach described as Method 2 in the present study is not recommended, because the perceived agreement is inflated due to the proportional and additive adjustments made to the data by first scaling them with a regression.
CRediT authorship contribution statement
Matthew E. Verbyla: Writing – review & editing, Writing – original draft, Visualization, Methodology, Formal analysis, Conceptualization.
Rosanna Lacarra: Writing – review & editing, Supervision, Resources, Project administration, Methodology, Investigation, Funding acquisition, Conceptualization.
Declaration of competing interest
The authors declare the following financial interests/personal relationships which may be considered as potential competing interests:
Acknowledgements
This research did not receive any specific grant from funding agencies in the public, commercial, or not-for-profit sectors. Funding for the research was provided by the City of Coronado. The authors acknowledge the contributions of Darcy Ebentier McCargar of RICK Engineering in providing third party review and technical support in the analysis and reporting of data collected as part of this study, as well as Fig. 6. Concentrations of enterococci via Enterolert and Enterococcus via ddPCR with respect to discharge from the Tijuana River showing: a) five years of data (2019–2024); and b) zoomed in on the period of the 2023 Coronado study.
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Heather Buonomo, Dr. Ankita Kadakia, and Dr. Lynne Wetmore from the San Diego County Department of Environmental Health and Quality, for their helpful feedback and review of an earlier version of this manuscript.
Appendix A. Supplementary data
Supplementary data to this article can be found online at https://doi. org/10.1016/j.mimet.2025.107346.
Data availability
Data are available in the Supplementary Materials, and any other data used in this study can be made available on request.
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Corrigendum
Corrigendum to “The relationship between Enterolert and ddPCR concentrations of enterococci in summer samples from beaches in Coronado, California” [Journal of Microbiological Methods 240 (2026) 107346]
Matthew E. Verbyla a,*, Rosanna Lacarra b
a Department of Civil, Construction, and Environmental Engineering, San Diego State University, 5500 Campanile Dr, San Diego, CA, USA b LaRoc Environmental, P.O. Box 324, Carlsbad, CA, USA
Upon request, the authors remove the following part of the acknowledgement section:
“…as well as Heather Buonomo, Dr. Ankita Kadakia, and Dr. Lynne Wetmore from the San Diego County Department of Environmental Health and Quality, for their helpful feedback and review of an earlier version of this manuscript.”
For clarification, the San Diego County Department of Environmental Health and Quality reviewed a presentation and a data set and provided comments to the authors, but they did not participate in or endorse this study.
DOI of original article: https://doi.org/10.1016/j.mimet.2025.107346. * Corresponding author at: Department of Civil, Construction, and Environmental Engineering, San Diego State University, 5500 Campanile Dr, San Diego, CA, USA.
E-mail address: [email protected] (M.E. Verbyla).
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https://doi.org/10.1016/j.mimet.2026.107453
Journal of Microbiological Methods 244 (2026) 107453
Available online 13 March 2026
0167-7012/© 2026 The Author(s). Published by Elsevier B.V. All rights are reserved, including those for text and data mining, AI training, and similar technologies.
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