Agenda Item A.6
CPMS CONSENT CALENDAR
Meeting Date: July 19, 2022
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Teresa Lopes, Senior Project Engineer
SUBJECT: Measure A Project Cooperative Agreement – Cycle 5 Funding
RECOMMENDATION:
Approve and authorize the Mayor and the City Manager to enter into a Project Cooperative Agreement with Santa Barbara County Association of Governments for two projects under Cycle 5 Funding of the Measure A South Coast Regional Bicycle and Pedestrian Program.
BACKGROUND:
In 2008, Santa Barbara County voters approved Measure A, which established the Santa Barbara Transportation Improvement Program (Prog ram.) Measure A funded the Program through a county-wide one-half percent sales tax for a period of 30 years.
Revenues generated by the tax increment are split between North and South areas of the County and are further divided up between various regional transportation projects and other local transportation programs identified in the adopted Measure A expenditure plan.
Two such programs are the South Coast Regional Bicycle and Pedestrian (Bike and Ped) program and the Safe Routes to School program. Funds from these programs are awarded on an as needed competitive basis based on the review and selection of grant applications.
On October 18, 20 21, Santa Barbara County Association of Governments ( SBCAG) announced a call for projects for Cycle 5 of the Measure A Bike and Ped program and the Safe Routes to School program grants with final applications due February 1, 2022.
Public Works develop ed a list of current Capital Improvement Program ( CIP) projects applicable for the Measure A Bike and Ped program. The list included only projects which were currently in the five-year CIP and identified in the Annual Work Program for the upcoming fiscal year due to staffing shortages and inability to take on new CIP projects at this time. On February 1, 20 22, Public Works staff submitted a total of two grant applications to SBCAG to participate in the Measure A Bike and Ped program.
1 Meeting Date: July 19, 2022
The applications were scored by the program scoring committee. The two City of Goleta (City) grant applications for the Bike and Ped program were approved for funding. The committee’s recommendations were unanimously approved by the South Coast Sub Regional Committee on May 11, 2022. On May 19, 2022, the SBCAG Board approved the projects that the South Coast Sub Regional Committee recommended for the fifth cycle of funding.
On June 16, 2022, the SBCAG Board approved and authorized the Chair to execute a Project Cooperative Agreement (Cooperative Agreement) with the City for Cycle 5 of the Measure A Bike and Ped program to contribute $803,693 in Measure A funding for the two Goleta projects selected for funding.
DISCUSSION:
To receive the funding and begin reimbursable work on the projects with Measure A Cycle 5 funds, the City must enter into a cooperative agreement with SBCAG as required in the Measure A ordinance. A Cooperative Agreement has been prepared and approved by the SBCAG Board and is presented for Council approval (Attachment 1).
The Cooperative Agreement specifies the amount of Measure A funding allocated to each project, the matching fund commitments, responsibilities for notifying the public that a project is Measure A funded (including Measure A funding construction signage), the liabilities and indemnifications for the project, and the timely use of funds deadlines. The Cycle 5 Cooperative Agreement format is similar to the one executed for the previous cycles (1 thru 4) of the Measure A grant programs and there are no substantial changes.
The Cooperative Agreement was reviewed by the City Legal Department prior to approval by SBCAG. Public Works is requesting that Council approve and authorize the Mayor and City Manager to enter into the Cooperative Agreement with SBCAG. Doing so will permit the two projects in the Bike and Ped program to move forward into the construction phases to take place over the next two years.
Cooperative Agreement
The attached Cooperative Agreement covers the two City projects which were allocated funding by SBCAG. The funding is for the construction phase of each project.
San Jose Creek Bike Path – Northern Segment (CIP Project No. 9006): The Measure A grant funds would contribute to the construction of a portion of the Northern Segment of the overall San Jose Creek Multipurpose Path (Northern and Southern Segments) Project. This portion of the project consists of the extents of the bike path which fall within the California Department of Transportation ( Caltrans) right of way at the US 101 bridge crossing. Caltrans will begin the construction for the bridge replacement project early next year. Public Works staff worked closely with Caltrans to include the design of the bike pa th components into the Caltrans bridge replacement project bid documents. Caltrans will be the lead agency for the overall project construction including the construction of the portion of the bike path which falls within the limits of the bridge replacement project. This strategy produces many benefits to both projects 2 Meeting Date: July 19, 2022
(bridge and bike path) including reduction of impacts to the creek and surrounding environment and reduction in project cost. Constructing the bike path and bridge replacement together will eliminate the possibility of attempting to perform grading and retaining wall construction for the bike path after the new bridge is in place which would be much more difficult and costly . Caltrans will be constructing the earthwork and retaining walls necessary for the bike path (excluding the bike path surfacing and railing) as part of their bridge project . The City will reimburse Caltrans for the construction cost of the bike path specific components through the execution of a cooperative agreement with Caltrans. Caltrans has submitted the draft cooperative agreement to the City for review and Public Works will be bringing the cooperative agreement to City Council later this year.
Hollister Old Town Class II Bike Lanes Striping (CIP Project No. 9114): The Measure A grant funding will be applied to the construction of the portions of work which will benefit bicycle and pedestrian safety as part of the Hollister Avenue Old Town Interim Striping Project. The work covered by the Measure A Grant will include restriping, new pavement markings, new signage, and signal interconnect system.
The project descriptions and proposed schedules for each project are included in Attachment 1.
The SBCAG funding recommendations are shown in Attac hment 2, the SBCAG Staff Report dated June 16, 2022, regarding Measure A Bi ke and Ped and Safe Routes to School programs.
FISCAL IMPACTS:
The table below summarizes the Measure A grant program funding approved for the City projects.
South Coast Bicycle
and Pedestrian Program
Estimated
Project
Cost
Measure A
Grant
Estimated
Local Match
Measure A
Local
Transportation
DIF
TBD
San Jose Creek Bike Path
– Northern Segment
(Project NO. 9006)
$900,084
(1)
$438,378
$461,706
Hollister Old Town Class II
Bike Lanes Striping
(Project No. 9114)
$1,210,60
5 (2)
$375,000
$835,605
(1) Project construction costs are estimate d between $600,000 - $900,084. For purposes of the grant application the higher cost was assumed. Actual Measure A Grant reimbursement will be based on 49% of the actual project cost up to $438,378. (2) Project construction costs are estimated between $750,000 and $1,210,605. For purposes of the grant application the higher cost was assumed. Actual Measure A Grant reimbur sement will be based on 30% of the actual project cost up to $375,000.
3 Meeting Date: July 19, 2022
The combined total Measure A grant funding approved for these projects is $813,378.
Allocated funds must be used for each project over a period of four years and are allowed one six-month extension for the preliminary engineering phase (includes design, environmental and right -of-way) and one twelve -month extension for the construction phase. The timely use of funds deadlines for each project are shown in Attachment 1. As with other grant programs, these funds will be reimbursed through SBCAG. Approval and execution of the Cooperative Agreement is required before reimbursable work can commence on the projects. The Program Guidelines for Measure A grant funding are shown in Attachment 3.
Measure A grant funding for regional program grant projects represents a fixed amount that cannot be increased. Other funding sources, including the Measure A Local, Development Impact Fee (DIF), Long Range Development Plan (LRDP), and sponsored agency contributions, will be necessary to complete these projects. The FY 2020-21 and FY 2022-23 CIP Budget includes appropriations for these projects.
ALTERNATIVES:
The next step in the process for delivery of the projects is to execute the Cooperative Agreement with SBCAG.
Council could elect not to authorize the City Manager to execute a Cooperative Agreement with SBCAG. This would jeopardize project work items and could affect potential future grant funding opportunities.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Cooperative Agreement between City of Goleta and SBCAG
2. SBCAG Funding Recommendations for the South Coast Measure A Bicycle and Pedestrian and Safe Routes to School Programs Staff Report
3. Measure A South Coast Regional Bicycle and Pedestrian Program Cycle 5 Guidelines
4 Attachment 1
Measure A Project Cooperative Agreement for Projects Awarded to City of Goleta in Cycle 5 of the Measure A South Coast Bicycle and Pedestrian and South Coast Safe Routes to School Programs
5 City of Goleta Cycle 5 Measure A
MEASURE A
PROJECT COOPERATIVE AGREEMENT
For projects awarded to City of Goleta in Cycle 5 of the Measure A South Coast Bicycle and Pedestrian and South Coast Safe Routes to School Programs This Cooperative Agreement ("Agreement") is entered into by and between the CITY OF GOLETA ("Sponsor") and the SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS, acting as the Santa Barbara County Local Transportation Authority ("Authority" or “SBCAG”).
RECITALS
WHEREAS, Authority and Sponsor desire to enter into a Cooperative Agreement to coordinate the funding of transportation improvements in Santa Barbara County pursuant to the authority provided by the Road Repair, Traffic Relief and Transportation Safety Measure (“Measure A”), which was approved by the voters of Santa Barbara County on November 4, 2008; and WHEREAS, the Sponsor has proposed that the Authority provide funding from the Measure A South Coast Regional Bicycle and Pedestrian program specified herein (“Program”) to Sponsor’s projects for the particular transportation improvement project work specified herein ("Project"); and
WHEREAS, the Authority has determined that the Project is eligible as approved by the SBCAG Board on May 21, 2022 for Measure A funds; and
WHEREAS, the Authority is authorized to issue Measure A funds to Sponsor for eligible projects; and
WHEREAS, the Authority and Sponsor desire to have this Agreement serve as the Agreement for the Authority to provide Measure A funding to Sponsor for eligible projects proposed by Sponsor, provided that such funding has been authorized by the Board of the Authority.
NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant, and agree as follows:
SECTION I
Covenants of Sponsor
The Sponsor shall:
1.1 Project Description. The Project description ,
scope of work , delivery schedule, estimate of
cost by activity, anticipated amount and type of funds that will supplement Measure A funds, and the anticipated timing for release of Measure A funds are specified in Exhibits A through B attached to this Agreement and incorporated herein by reference. Sponsor shall be solely responsible for implementing and carrying out the Project. 6 City of Goleta Cycle 5 Measure A
1.2 Change In Project Description. Any change in the Project Description shall not be eligible for funding by Authority unless approved in writing by the Authority. Any portion of the Project implemented by Sponsor prior to Authority’s written approval shall not be eligible for reimbursement unless subsequently approved by the Authority in writing, and in no event will any change in scope result in the Authority reimbursing more than the amount awarded for the Project.
1.3 Eligible Reimbursement Costs. Eligible project costs are specified in Exhibits or as may be approved from time to time by the Authority pursuant to Section 1.2. In no event shall expenses incurred prior to the execution of this Agreement be considered eligible reimbursement costs.
1.4 Measure A Percentage Share Defined. Measure A funding is being provided by Authority to Sponsor for the Projects in Exhibits A through B. The percentage share of Measure A funding shall be the Measure A Percentage shown in a project’s respective Exhibit, and shall not exceed the total Measure A amount shown in the same Exhibit. Each invoice submitted by Sponsor shall be reimbursed by Authority at this percentage up to the not to exceed total Measure A amount shown in the Exhibit. Sponsor matching funds shall be used to pay for the remainder of Project costs.
1.5 Invoices and Progress Reports. Sponsor shall submit semi-annual progress reports and invoices for work completed consistent with the Program guidelines as adopted by the SBCAG Board on October 21, 2021. These documents shall include the following specified information:
1.5.a Invoices. The Sponsor shall provide the Authority with one (1) copy of all invoices submitted to Sponsor by every contractor, subcontractor, consultant, or subconsultant as appropriate and any other backup documentation required to support direct and indirect costs for which a Sponsor submits an invoice.
1.5.b Progress Reports. Progress reports shall include a brief description of the status of the Project including the work completed to date. This summary may be included on the invoices submitted to the Authority or be attached to those invoices.
1.6 Use of Funds. The Sponsor shall use existing Measure A funds consistent with the project description in Exhibits to this Agreement or as approved by the Authority pursuant to Section
1.2. 1.7 Submittal of Documents. The Sponsor shall provide copies to the Authority of all executed contracts that relate to the Project scope as described in Exhibits to this Agreement and Section 1.3 or approved by the Authority pursuant to Section 1.2. The Sponsor shall retain records pertaining to the Project for a five (5) year period following completion of the Project.
1.8 Completion of Project. Sponsor shall be responsible for meeting the timely use of funds deadlines in corresponding Exhibits. Unused funds programmed to the Project will be forfeited and be made available by the Authority for programming to other projects in a special or subsequent funding cycle. Sponsor shall provide management of any consultant 7 City of Goleta Cycle 5 Measure A
and contractor activities, including responsibility for schedule, timely use of funds, budget and oversight of the services, consistent with the scope of work. This provision shall apply in all instances, including situations where a change in scope has been approved by the Authority pursuant to Section 1.2.
1.8.a Project Completion Report. Within 6 months of Project completion, Sponsor shall provide a project completion report to Authority that includes final cost, revenues, and schedule of completed and future activities. For construction projects, pictures of the completed project must accompany the report. Whenever possible, pictures of the “before” project conditions should also be submitted. This Report shall accompany the final invoice for payment from Sponsor to provide notice of Agreement account closing by Authority. The Report shall meet all requirements set forth in the Authority’s Program Guidelines.
1.8.b Timely Use of Funds Extension. In accordance with Authority’s Cycle 5 Program Guidelines Timely Use of Funds policy, Sponsor may request one extension of up to 12 months for plans and studies, up to 6 months for preliminary engineering, environmental, and design projects, and up to 18 months for construction projects.
Extension requests will be presented to the South Coast Subregional Committee which will make recommendations to the SBCAG Board.
Authority may extend the deadline for timely use of funds no more than one time and only if it finds that an unforeseen and extraordinary circumstance beyond the control of the Sponsor has occurred that justifies the extension. The extension will not exceed the period of delay directly attributed to the extraordinary circumstances and will in no event be for more than the duration described in the above paragraph and in Authority’s Cycle 5 Program Guidelines.
1.9 Public Outreach. The Sponsor is responsible for development and administration of a public outreach effort to ensure public awareness and involvement in the Project development and delivery process. The Sponsor shall provide a copy of the public outreach plan and all materials documenting the public outreach activities, including public notices, press releases, flyers, etc. to the Authority. The public outreach plan must accompany the first invoice for payment from Sponsor. The materials documenting the public outreach activities must accompany the final invoice for payment from Sponsor.
1.10 Provision of Signs. Sponsor shall install signs consistent with the Authority’s Project Signs Guidelines and Specifications as adopted by the SBCAG Board on August 18, 2011, or as appropriate.
1.11 Cost Savings and Excess Costs
1.11.a Cost Savings. After the Project has been accepted by the Sponsor and Authority as complete, any positive difference between the cost, as listed in Exhibits to this Agreement or approved by the Authority pursuant to Section 1.2, and the total amount invoiced to the Authority shall revert to the Measure A program for re- programming by the Authority on other eligible projects. 8 City of Goleta Cycle 5 Measure A
1.11.b Excess Costs. In the event the actual Project cost exceeds the estimate shown in Exhibits to this Agreement, this amount will be considered an excess cost. Sponsor is solely responsible for all costs over the amount identified in Section 1.3 or as approved pursuant to Section 1.2.
1.11.c Reconciliation of Excess Costs. Excess project costs to complete a project are not eligible for reimbursement unless approved pursuant to Section 1.2. The amount of Measure A funds as identified in Section 1.3 are the maximum funds available for reimbursement to the Sponsor and cannot be increased unless agreed to by the Authority pursuant to Section 1.2. The Sponsor shall request an amendment if needed for this purpose in writing to the Authority. Such amended Agreement shall be effective only if signed and approved by the duly authorized representatives of both the Authority and Sponsor.
1.12 Errors and Omissions. The Sponsor shall diligently monitor and manage all aspects of the Project and shall aggressively pursue any and all remedies, including full restitution and damages from any consultant, contractor or sub-contractor and their insureds and sureties suspected of any acts, errors, or omissions committed during business activities that economically or legally damage the project.
1.13 Division of Labor and Materials. Sponsor agrees to furnish or cause to be furnished all labor, materials, equipment, required licenses, permits, fees, and other appropriate legal authorization from all applicable federal, state, and local jurisdictions necessary to perform and complete, per schedule, in a professional manner, the obligations described herein.
1.14 Implementation of Project. Sponsor may implement projects herein through private organizations and nonprofit entities as designated in the Exhibits A through B.
SECTION II
Covenants of Authority
The Authority shall:
2.1 Reimbursement Payments. The Authority shall make reimbursement payments to the Sponsor or implementing party designated pursuant to Paragraph 1.14 for eligible project costs within 45 days of receipt of an invoice as specified in the Exhibits to this Agreement, except where payment is subject to provisions of Paragraphs 2.1.a through 2.1.b.4.
2.1.a Ineligible Costs. The Authority reserves the right to adjust current or future reimbursement payments to Sponsor if an invoice includes ineligible costs.
2.1.b Suspension of Reimbursement. If the Authority determines that any costs in an invoice are not allowable, or lack supporting progress reports, the Authority shall return the invoice to the Sponsor with an invoice dispute notice outlining the reason for the return and the proposed remedy, if one exists, which would make the invoice acceptable for payment. The Sponsor may re-submit the invoice for payment after 9 City of Goleta Cycle 5 Measure A
reviewing the invoice dispute notice and making any necessary corrections. The Sponsor may also immediately submit a new invoice representing only the amounts which are not in dispute, while setting aside the disputed amounts for review in accordance with the provisions set forth in this Section 2.1.
2.1.b.1 Meeting. Once a dispute has occurred, the Authority shall arrange a meeting between Authority and Sponsor staff to discuss and attempt to resolve the dispute.
2.1.b.2 Subregional Committee. If an agreement cannot be reached at the meeting, then the Sponsor or the Authority shall have the option to take the dispute to the Authority's South Coast Subregional Committee, as appropriate. In this case reimbursement for the disputed cost item(s) will be delayed until a resolution of the matter is reached.
2.1.b.3 Authority’s Board Decision. If the Sponsor or the Authority disagrees with the resolution by the Subregional Committee then the dispute shall be submitted to the Authority’s Board for resolution. If the Board determines that the disputed cost item(s) is ineligible, the Authority shall not provide reimbursement payment to the Sponsor for the disputed item(s). If the Board determines that the disputed cost item(s) is eligible, then the Authority shall provide reimbursement payment to the Sponsor for the disputed cost.
2.1.b.4 Reservation of Rights. By utilizing the above procedures, the Sponsor does not surrender any rights to pursue available legal remedies if the Sponsor disagrees with the Board decision.
2.2 Authority’s Payment shall not constitute Waiver. Authority’s failure to discover or object to any ineligible project cost or billing prior to payment shall not constitute a waiver of Authority’s right to require Sponsor to correct such work or billing or seek any other legal remedy.
2.3 Right to Conduct Audit; Record Keeping. The Authority shall have the right to conduct an audit of all Sponsors’ records pertaining to the Agreement at any time during the course of construction and up to a five (5) year period after completion of the Agreement.
2.4 Records. Sponsor shall keep and provide to Authority or its agents, upon request, accurate financial records (including invoices and published price lists on which this Agreement was based) necessary to enable Authority to review Sponsor’s performance of this Agreement.
These records shall demonstrate the funding has been used as described in the Project Description. Sponsor shall maintain all such records for at least five years after completion of the project.
10 City of Goleta Cycle 5 Measure A
SECTION III
General Covenants
3.1 Term. The Sponsor shall commence performance in accordance the Cycle 5 Guidelines and the delivery schedule set forth in Exhibits A through B. The Agreement shall remain in effect until December 30, 2025 unless discharged or terminated as provided in Section 3.2 or Section 3.14, or unless otherwise directed by SBCAG or earlier terminated.
3.2 Discharge. This Agreement shall be subject to discharge as follows:
3.2.a Termination. Termination of this Agreement may be made (1) upon 30-days written notice to the other party; or (2) at any time by mutual consent of the parties.
3.2.b Discharge Upon Completion of Projects. Except as to any rights or obligations which survive discharge as specified in Section 3.13, this Agreement shall be discharged, and the parties shall have no further obligation to each other, upon completion of the Projects as certified by the Authority.
3.3 Indemnity. Sponsor agrees to indemnify, defend (with counsel reasonably approved by SBCAG) and hold harmless SBCAG and its officers, officials, employees, agents and volunteers from and against any and all claims, actions, losses, damages, judgments and/or liabilities arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person or entity and for any costs or expenses (including but not limited to attorneys’ fees) incurred by SBCAG on account of any claim except where such indemnification is prohibited by law. Sponsor’s indemnification obligation applies to SBCAG’s active as well as passive negligence but does not apply to SBCAG’s sole negligence or willful misconduct.
3.4 Notices. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below:
AUTHORITY
Santa Barbara County Association of Governments
260 North San Antonio Road, Suite B
Santa Barbara, CA 93110
SPONSOR
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
Either party may change its address by giving notice of such change to the other party in the manner provided in this Section 3.4. All Other Notices and consents under this section, which are sent by mail, shall be deemed to be received five (5) days following their deposit in the U.S. mail. This Notices section shall not be construed as meaning that either party agrees to service of process except as required by applicable law.
3.5 Additional Acts and Documents. Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement. 11 City of Goleta Cycle 5 Measure A
3.6 Integration. This Agreement represents the entire Agreement of the parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements.
3.7 Amendment. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreements, course of conduct, waiver or estoppel.
3.8 Non-Partnership. This Agreement is not intended by the parties to constitute or create a joint venture, pooling arrangement, or formal business organization of any kind. The rights and obligations of the parties shall be only those expressly set forth herein. Sponsor and Sponsor’s subcontractors shall perform all services under this Agreement as independent parties and not as employees, officers or agents of the Authority.
3.9 Assignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party.
3.10 Binding on Successors. This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the Authority or as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.
3.11 Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties.
3.12 Counterparts. This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed by all of the parties; each counterpart shall be deemed an original but all counterparts shall constitute a single document.
3.13 Survival. The following provisions in this Agreement shall survive discharge:
3.13.a The Sponsor. As to the Sponsor, the following sections shall survive discharge: Section
1.6 (obligation to apply funds to the Project), Section 1.7 (obligation to provide copies and retain records), Section 1.8 (obligation to continue to manage the Project).
3.13.b The Authority. As to the Authority, the following section shall survive discharge:
Section 2.3 (right to conduct audit).
3.13.c Both Parties. As to both parties, the following section shall survive discharge: Section
3.3. (indemnity).
12 City of Goleta Cycle 5 Measure A
3.14 Limitation. All obligations of the Authority under the terms of this Agreement are expressly contingent upon the Authority's continued authorization to collect and expend the sales tax proceeds provided by Measure A. If for any reason the Authority's right or ability to collect or expend such sales tax proceeds is terminated or suspended in whole or part so that it materially affects the Authority's ability to fund the Project, the Authority shall promptly notify Sponsor, and the parties shall consult on a course of action. If, after twenty-five (25) working days, a course of action is not agreed upon by the parties, this Agreement shall be deemed terminated. Maintenance of records, right to audit, and indemnification shall survive. Any future obligation to fund this project or any other project or projects of Sponsor, not already specifically covered by separate Agreement, shall arise only upon execution of a new Agreement.
3.15 Time. Time is and shall be of the essence of this Agreement and each and all of its provisions in which performance is a factor.
3.16 Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive, but shall be cumulative with all other remedies at law or in equity.
Each remedy shall be construed to give the fullest effect allowed by law.
3.17 Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. As applicable, the Cycle 5 Guidelines are incorporated herein by reference.
3.18 Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the construction or interpretation of any of its provisions.
3.19 No Continuing Waiver. The waiver by any party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same, or of any other provision of this Agreement.
3.20 No Rights in Third Parties. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any third party, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party to any party to this Agreement, nor shall any provision of this Agreement give any third party any right of subrogation or action over or against any party to this Agreement.
3.21 Signator's Warranty. Each party warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other party.
13 14
City of Goleta Cycle 5 Measure A
Exhibits:
Exhibit A – Project Scope, Cost, Schedule and Funding Plan for San Jose Creek Bike Path Northern Segment
Exhibit B – Project Scope, Cost, Schedule and Funding Plan for Hollister Old Town Class II Bike Lanes Striping
15 Project Sponsor: Measure A Project ID #: MSA-17-5-3
Project Name:
Project Scope:
Project Location:
Project Contact:
Project Payment: Payment made from SBCAG to City of Goleta.
Funding Program: South Coast Bicycle and Pedestrian Program 2.58% Project Phase
Total Project
Cost
Estimate
Measure A
Amount
Measure A
%
Sponsor
funding
amount
Sponsor
funding % Start Finish
Timely Use of Funds
Deadline
$106,729 $51,966 49% $53,385 50%
$711,530 $346,577 49% $355,765 50%
Contingency $81,825 $39,835 49% $40,934 50%
Total $900,084 $438,378 $450,084
Construction December 2022 July 2025 12/30/2025
The San Jose Creek Bike Path Northern Segment Project will develop approximately 200 linear feet of new separated 10 to 14 ft. wide Class I multipurpose path with the path of travel being 10 ft wide with adjacent retaining walls and bicycle/pedestrian appropriate railing on each side or 2 ft wide adjacent graded shoulders where no retaining walls are necessary.This project consists of a segment of the much larger San Jose Creek Path system; approximately 3-miles-long, extending from the California Coast Route path in the south to Cathedral Oaks Road and the Goleta Crosstown Bicycle Route in the north.
Construction
This northern segment project is located on the west side of San Jose Creek extending to the north and south of the U.S. 101 bridge over San Jose Creek, north of the Union Pacific Railroad (UPRR) crossing of San Jose Creek and south of the Calle Real bridge over San Jose Creek.
EXHIBIT A
PROJECT SCOPE, COST, SCHEDULE AND FUNDING PLAN
City of Goleta
San Jose Creek Bike Path Northern Segment
As needed
Teresa Lopes
Schedule
Description
Construction Engineering
16 Project Sponsor: Measure A Project ID #: MSA-17-5-4
Project Name:
Project Scope:
Project Location:
Project Contact:
Project Payment: Payment made from SBCAG to City of Goleta.
Funding Program: South Coast Bicycle and Pedestrian Program 2.58% Project Phase
Total Project
Cost
Estimate
Measure A
Amount
Measure A
%
Sponsor
funding
amount
Sponsor
funding % Start Finish
Timely Use of Funds
Deadline
$157,905 $47,856 30% $108,780 69%
$957,000 $288,599 30% $660,750 69%
$95,700 $28,860 30% $66,075 69%
Total $1,210,605 $365,315 $835,605
6/30/2025Construction
Contingency
Construction Construction Engineering
The project will restripe Hollister Avenue between Fairview Avenue and Kinman Avenue, reducing travel lanes from two lanes to one lane in each direction. The project will provide additional space to install Class II bike lanes through the Old Town Hollister Ave corridor where none currently exist. The project work will include existing striping and pavement delineation and signage removal, pavement grinding, slurry seal, installation of new signage, new pavement delineation, and installation of conduit and wiring for signal interconnect.
EXHIBIT B
PROJECT SCOPE, COST, SCHEDULE AND FUNDING PLAN
City of Goleta
Hollister Old Town Class II Bike Lanes Striping
Teresa Lopes
Schedule
Description
The project is located on Hollister Avenue between Fairview Avenue and Kinman Avenue. This is a heavily traveled arterial roadway segment, just west of the intersection of US 101 and CA 217. The surrounding area consists of commercial and residential properties, the Goleta Valley Community Center and the Senior Center.
April 2023 July 2023
17 Attachment 2
SBCAG Staff Report dated June 16, 2022 for Approval of Cooperative Agreement with the City of Goleta for Cycle 5 of the South Coast Measure A Bicycle and Pedestrian and Safe Routes to School Programs
18 SBCAG STAFF REPORT
SUBJECT: Measure A South Coast Bicycle Pedestrian and Safe Routes to School Programs Cycle 5
MEETING DATE: June 16, 2022 AGENDA ITEM: 4H
STAFF CONTACT: Jacky Mata
RECOMMENDATION:
1. Approve and authorize the Chair to execute a Cooperative Agreement with the City of Santa Barbara for Cycle 5 of the South Coast Measure A Bicycle and Pedestrian and Safe Routes to School Programs to contribute $1,521,980 in Measure A funding, for five projects scheduled between July 2022 through June 2026;
2. Approve and authorize the Chair to execute a Cooperative Agreement with the City of Goleta for Cycle 5 of the South Coast Measure A Bicycle and Pedestrian and Safe Routes to School Programs to contribute $803,692 in Measure A funding, for two projects scheduled between July 2022 through 2025;
3. Approve and authorize the Chair to execute a Cooperative Agreement with the City of Carpinteria for Cycle 5 of the South Coast Measure A Bicycle and Pedestrian and Safe Routes to School Programs to contribute $275,188 in Measure A funding, for one project scheduled between July 2022 through June 2025; and
4. Approve and authorize the Chair to execute a Cooperative Agreement with the County of Santa Barbara for Cycle 5 of the South Coast Measure A Bicycle and Pedestrian and Safe Routes to School Programs to contribute $1, 747,672 in Measure A funding, for five projects scheduled between July 2022 through June 2026.
SUMMARY:
To begin reimbursable work on projects with Measure A Cycle 5 funds, SBCAG must enter into a cooperative agreements outlining responsibilities and obligations for the use of Measure A funds with all agencies awarded funds: the City of Santa Barbara, the City of Goleta, the City of Carpinteria, and the County of Santa Barbara. The proposed cooperative agreement s cover thirteen projects approved by the SBCAG board for Cycle 5.
DISCUSSION:
In May, the Board approved $4.3 million in Measure A funding for 13 projects from Cycle 5 of the South Coast Measure A Bicycle & Pedestrian and Safe Routes to School programs. Attachment A is a sum mary of the approved 13 projects. The next step in the process for delivering the projects is for SBCAG and each local agenc y to ex ecute a cooperative agreement. The cooperative agreements specify details such as the amount of Measure A funding allocated to each project, matching fund commitments, responsibilities for notifying the public that a project is Measure A funded (including Measure A construction signage), liabilities and indemnifications for the project, and timely use of funds deadlines. The Cycle 5 cooperative agreement format is similar to the one executed for Cycles 1-4; there are no substantial program changes.
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The City of Santa Barbara
The attached Cooperative Agreement (Attachment B ) describes and allocates funding for the City’s projects. Cycle 5 projects in the Cooperative Agreement that the City is the lead agency for are:
• Modoc Road Multiuse Path Extension
• San Andres Street Safe Crossings and Lighting Project • Santa Barbara Junior High Multiuse Path Gap Closure on Cota Street
The City of Santa Barbara is sponsoring the following projects for Cycle 5 which it will administer per the Cooperative Agreement:
• Santa Barbara MTD On-Bus Bike Rack Expansion Project (implemented by Santa Barbara MTD)
• CycleMAYnia (implemented by Traffic Solutions)
The Cooperative Agreement is scheduled for approval by the Santa Barbara City Council on June
28. Approval of the Cooperative Agreement by both S BCAG and the City Council is required before reimbursable work can commence on the projects.
The City of Goleta
The attached Cooperative Agreement (Attachment C ) describes and allocates funding for the City’s projects. Cycle 5 projects in the Cooperative Agreement that the City is the lead agency for are:
• San Jose Creek Bike Path Northern Segment
• Hollister Old Town Class II Bike Lanes Striping
The Cooperative Agreement is scheduled for approval by the Goleta City Council on July 19.
Approval of the Cooperative Agreement by both SBCAG and the City Council is required before reimbursable work can commence on the projects.
The City of Carpinteria
The attached Cooperative Agreement (Attachment D ) describes and allocates funding for the City’s project. Cycle 5 project in the Cooperative Agreement that the City is the lead agency for is:
• Franklin Creek Trail Improvement Project
The Cooperative Agreement is scheduled for approval by the Carpinteria City Council on July 11th. Approval of the Cooperative Agreement by both SBCAG and the City Council is required before reimbursable work can commence on the projects.
The County of Santa Barbara
The attached Cooperative Agreement (Attachment E ) describes and allocates funding for the County’s projects. Cycle 5 projects in the Cooperative Agreement that the County is the lead agency for are:
• Cathedral Oaks Complete Streets Redesign
• Safe Routes to Schools Intersection Enhancements
• Isla Vista Hardscape Improvements
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The County of Santa Barbara is sponsoring the following projects Cycle 5 which it will administer per the Cooperative Agreement:
• Adult Bicycle Education and Safety Outreach (implemented by SBBIKE+COAST) • Safe Routes to School Program (implemented by SBBIKE+COAST)
The Cooperative Agreement is scheduled for approval by the County Board of Supervisors by their July meeting. Approval of the Cooperative A greement by both SBCAG and the County of Santa Barbara is required before reimbursable work can commence on the projects.
The recommended actions are not a “project” within the meaning of California Environmental Quality Act (CEQA), pursuant to Section 15378(b)(4) of the CEQA Guidelines because they are the creation of a government funding mechanisms or other government fiscal activities.
COMMITTEE REVIEW: None.
ATTACHMENTS:
Attachment A – Cycle 5 Projects “At A Glance” Table
Attachment B – Measure A cooperative agreement with the City of Santa Barbara (web posting only) Attachment C – Measure A cooperative agreement with the City of Goleta (web posting only) Attachment D – Measure A cooperative agreement with the City of Carpinteria (web posting only) Attachment E – Measure A cooperative agreement with the County of Santa Barbara (web posting only)
21 Program Implementing Agency (and
sponsor, if applicable) Project ID Project Title Measure A Cycle 5 Funding
1 Bike & Ped County of Santa Barbara MSA-17-5-1 Cathedral Oaks Complete Streets Redesign $485,869 2 Safe Routes County of Santa Barbara MSA-16-5-1 Safe Routes to Schools Intersection Enhancements $251,385 3 Safe Routes County of Santa Barbara MSA-16-5-2 Isla Vista Hardscape Improvements $282,036 4 Safe Routes SBBIKE+COAST (sponsored by
County of Santa Barbara) MSA-16-5-3 Safe Routes to School Program $518,796 5 Bike & Ped SBBIKE+COAST (sponsored by
County of Santa Barbara) MSA-17-5-2 Adult Bicycle and Pedestrian Education Program $209,587 6 Bike & Ped City of Goleta MSA-17-5-3 San Jose Creek Bike Path Northern Segment $438,378 7 Bike & Ped City of Goleta MSA-17-5-4 Hollister Old Town Class II Bike Lanes Striping $365,315 8 Bike & Ped Santa Barbara MTD (sponsored by
the City of Santa Barbara) MSA-17-5-5 Santa Barbara MTD On-Bus Bike Rack Expansion Project $120,450
9 Bike & Ped Traffic Solutions (sponsored by
City of Goleta) MSA-17-5-6 CycleMAYnia $20,000
10 Bike & Ped City of Santa Barbara MSA-17-5-7 Modoc Road Multiuse Path Extension $442,328 11 Safe Routes City of Santa Barbara MSA-16-5-4 San Andres Street Safe Crossings and Lighting Project $469,651 12 Safe Routes City of Santa Barbara MSA-16-5-5 Santa Barbara Junior High Multiuse Path Gap Closure on Cota Street $469,551
13 Bike & Ped,
Safe Routes City of Carpinteria MSA-16-5-6 *Franklin Creek Trail Improvement Project $275,188 *this project contains funding from both programs $4,348,533 Measure A South Coast Regional Bicycle & Pedestrian and Safe Routes to School Programs Cycle 5 (FY 22/23 - FY 24/25)
ATTACHMENT A
22 Attachment 3
Measure A South Coast Regional Bicycle and Pedestrian Program Cycle 5 Guidelines
23 South Coast Regional Bicycle & Pedestrian Program Cycle 5 Guidelines
Measure A
South Coast Regional Bicycle and Pedestrian
Program Guidelines
CYCLE 5
FY 22/23 – 24/25
24 South Coast Regional Bicycle & Pedestrian Program Cycle 5 Guidelines Table of Contents
1. Measure A Overview 1
2. Program Description 1
3. Eligible Applicants 1
4. Role of the Santa Barbara County Association of Governments 1
5. Role of Scoring Committee 2
6. Call for Projects Frequency 2
7. Available Funding 2
8. Eligible Project Implementation Activities 3
9. Pre-Application 3
10. Application 4
11. Evaluation/Scoring Criteria 4
12. Consideration of Fairness and Equity 6
13. Timely Use of Funds 6
14. Cooperative Funding Agreement 7
15. Reimbursement Program 8
16. Progress Reports 8
25 South Coast Regional Bicycle & Pedestrian Program Cycle 5 Guidelines 1 1. M easure A Overview
Voter passage in November 2008 of the Road Repair, Traffic Relief and Transportation Safety Measure (referred to as Measure A), will provide approximately $1.0 billion for t ransportation needs over 30 years within Santa Barbara County, from 2010 -2040. The dedicated sales tax revenue generated will help leverage and match an estimated $0.5 billion in state and federal funds. Measure A went into effect and revenues began to be collected on April 1, 2010. Funds will be spent in accordance with the Investment Plan that was part of the measure.
The Investment Plan calls for the North County and South Coast to each receive 43.3 percent of revenues, estimated at $455 million in funding over 30 years, for high priority transportation projects and programs that advisory committees in each region have selected to address the current and future needs of that region.
Per California state law, it is the intent that the revenues provided fro m the Measure A sales tax program be used to supplement existing local revenues being used for the purposes set forth in the Investment Plan.
2. Program Description
Included in the South Coast subprogram is the Regional Bicycle and Pedestrian Program. The purpose of the Bicycle and Pedestrian Program is to fund projects that would expand and improve the South Coast’s regional bicycle and pedestrian facilities network through a competitive grant process.
The Investment Plan requires that each jurisdiction spend a minimum percentage of their local street and transportation improvement funds on eligible alternative transportation projects. Any funding a jurisdiction receives from the Regional Bicycle and Pedestrian Program is separate from this requirement and cannot be used to meet these minimum alternative mode percentages.
3. Eligible Applicants
Eligible applicants include the cities of Carpinteria, Goleta and Santa Barbara and the County of Santa Barbara. School districts, universities, colleges, transit agencies, and Caltrans are eligible to compete for funding with a city or county sponsor.
A School district, university, college, transit agency or Caltrans may sign the application as an “applicant” with a local agency signature as sponsor. Entities other than those listed above, such as a non- profit organization, can coordinate with a local agency to submit an application, but may not sign the application as an “applicant.” Sponsors must be declared at submittal of the pre- application using the “Measure A Sponsor Agreement” form (available at www.measurea.net). Projects that do not have a signed sponsor agreement form attached to their pre-application at the time of submittal will not be eligible for funding in Cycle 5.
4. Role of the Santa Barbara County Association of Governments a) SBCAG as the Local Transportation Authority (LTA) for Santa Barbara County is responsible for administering the Measure A sales tax program and the South Coast Regional Bicycle and Pedestrian Program. SBCAG staff, in coordination w ith the scoring committee, shall review and recommend applications for available funds to the South Coast Subregional Committee of the SBCAG Board. The Subregional Committee shall recommend projects for funding to the full SBCAG Board. Once projects are 26 South Coast Regional Bicycle & Pedestrian Program Cycle 5 Guidelines 2 approved for funding by the full board, staff will work with sponsors on delivering projects in a timely manner.
b) Funds requested from the program will supplement, but not supplant local funds that have traditionally been used for safe routes to school, bicycle and pedestrian projects. c) After projects have been approved by the SBCAG Board, projects will be programmed in the Measure A Authority Program of Projects under the South Coast Authority Projects section.
5. Role of Scoring Committee
SBCAG will establish a scoring committee to evaluate and select projects recommended for funding. The Scoring Committee will be comprised of one representative each from: the Cities of Carpinteria, Santa Barbara, Goleta and the County of Santa Barbara; the Santa Barbara Bicycle Coalition; COAST; the Parent Teachers’ Association; Santa Barbara MTD; Traffic Solutions; and Caltrans.
SBCAG staff will facilitate the scoring process and will provide programming recommendations on projects selected by the scoring committee. Projects will be proposed for funding based on priority ranking given by the Scoring Committee. The highest and lowest scores will not be used in the committee scoring process; remaining scores will be averaged. The scoring committee has the ability to redirect applications to the Safe Routes to School program instead of the Regional Bike and Pedestrian Program and vice versa, providing the project schedule, funding amounts and timeline remains the same. The Scoring Committee will recommend projects for funding to the South Coast Subregional Committee and the SBCAG Board.
6. Call for Projects Frequency
SBCAG shall conduct a call for projects covering three years (Fiscal Years [FY] FY 2022/23 – 2024/25) for Cycle 5 of the South Coast Regional Bicycle and Pedestrian Progr am. There will be a call for projects approximately every three years.
7. Available Funding
- The Measure A program includes $1 3 million for the South Coast Regional Bicycle and Pedestrian Program over the 30-year life of the Measure A program. - The following are the estimated available amounts for Fiscal Years 2022/23 through 2024/25.
FY 22/23 FY 23/24 FY 24/25
Annual $545,362 $ 560,724 $ 575,530
Program funding is available in or after the year it is programmed. Funding requests in a particular fiscal y ear should not exceed the amount of cumulative funding that is available for that fiscal year.
27 South Coast Regional Bicycle & Pedestrian Program Cycle 5 Guidelines 3 8. Eligible Project Implementation Activities
Project implementation activities that are eligible for reimbursement include:
Capital Projects
- Planning and project development
- Preliminary engineering
o Environmental clearance
o Preparation of Plans, Specifications and Estimate (PS&E) - Right-of-way
o Engineering
o Appraisals and acquisition
o Utilities
- Construction
o Construction costs
o Construction engineering
o Construction management
- Maintenance
Plans & Studies
- Bicycle and Pedestrian Master Plans
- Studies (including surveys and counts)
Programs
- Education/Awareness/Outreach
- Encouragement/Marketing
- Safety programs
9. Pre-Application
Project sponsors must complete a pre-application for each project by a date to be announced by SBCAG. Pre -applications will be summarized by SBCAG and posted on the Measure A website. The purpose of the pre- application is to determine the amount of Cycle 5 funding that may be requested compared to estimate d revenues available and to determine if a project meets eligibility criteria. Using this information, prospective project sponsors may then make an informed decision about the lik elihood of their project receiving funding, and decide whether to invest the time in completing a full project application. Entities that require a sponsor, such as a 28 South Coast Regional Bicycle & Pedestrian Program Cycle 5 Guidelines 4 college, nonprofit, or transit agency, must declare a sponsor at the time of pre- application submittal by attaching a signed sponsor agreement to the pre-application.
10. Application
Project sponsors must complete an application for each project by a date to be announced by SBCAG that will request information including ( but not limited to ) agency contact information, project or program scope, cost estimates, schedule, p artner agencies, and matching funds .
Applicants must request a finite amount of funding; no “continuums” of funding may be shown on applications; however, agencies may check the box inquiring their openness to a change in project scope if they would accept less than their requested amount.
The South Coast Subregional Committee of the SBCAG Board will approve the application prior to a call for projects. After a call for projects is made, applicants will have nine (9) to fourteen (14) weeks to prepare their application(s). A submittal deadline date will be cited when the call is announced.
Applicants or agencies requiring a co-sponsor may submit a maximum of four (4) applications.
Co-sponsoring an application does not count towards this limit. No more than 30% of total Cycle 5 funding available may be requested in a single application.
11. Evaluation/Scoring Criteria
The Scoring Committee will evaluate applications according to the following criteria:
CAPITAL PROJECTS CRITERIA
1) Safety
a) Project will imp rove safety of pedestrians and/or bicyclists. Priority will be given to projects/programs that directly address demonstrated safety needs. b) Project will create or increase the security of physical property for bicyclists, such as bike parking.
2) Demand
a) S erves a high volume of existing pedestrians and/or bicycle riders, or creates the potential for a high volume of pedestrians and/or bicycle riders. 3) Access and Connectivity
a) Priority to p rojects that p rovide or improve bikeway/pedestrian facility continuity to activity centers such as public buildings, transit facilities including bus stops, business districts, shopping centers, schools, etc.
b) Priority to projects that provide interface with other modes of transportation. c) Priority to projects that eliminat e a gap or overcome an obstacle in a bicycle or pedestrian facility, allowing more convenient and safer travel. This includes bicycle security.
29 South Coast Regional Bicycle & Pedestrian Program Cycle 5 Guidelines 5 4) Outside Funding
a) Priority to p roject(s) that have secured funding from other sources, including, but not limited to, Measure A Local Streets and Transportation Improvement Funds, or will use Measure A funds to leverage other funding.
5) Local Support
a) Project is in a locally or regionally adopted plan; or b) Community outreach has been or is being completed; or c) T here is other demonstrated community support, such as a written Letter of Support. 6) Project Readiness & Schedule
Submitted projects will be ranked based on project readiness. Priority will be given to:
a) P rojects which are fully funded, if application is approved. b) P rojects which have considered and, if needed, resolved any foreseeable implementation issues.
7) Trip Purpose
a) Priority will be given to projects that serve primarily utilitarian trips, then to projects that are primarily used for recreational purposes.
PLANS & STUDIES CRITERIA
1) Plan Status and Study Significance
a) Priority to jurisdictions with no bicycle or pedestrian plan, then to those with plans that are more than five years old, and thereafter to those with plans between three and five years old.
b) Priority to studies that can be applied outside the jurisdiction completing the study and that can be shared with other jurisdictions.
c) Priority to studies that have regional significance beyond their local benefits. Completion of study is advantageous to the regional network.
2) Outside Funding
a) Priority to plan(s) that have secured funding from other sources, including, but not limited to Measure A Local Streets and Transportation Improvement Funds, or will use Measure A funds to leverage other funding.
PROGRAMS CRITERIA
1) Safety
a) Priority to programs that focus on the safety of pedestrians and/or bicyclists. 30 South Coast Regional Bicycle & Pedestrian Program Cycle 5 Guidelines 6 b) Project will create or increase the security of physical property for bicyclists, such as bike parking.
2) Demand
a) Priority to programs that serve a high number of South Coast residents. 3) Outside Funding
a) Priority to program(s) that have secured additional funds, including, but not limited to Measure A Local Streets and Transportation Improvement Funds, private donations and grants, in-kind donations, and volunteer hours.
4) Local Support
a) There is demonstrated com munity support for the program, such as a written Letter of Support; or
b) Project is in a locally or regionally adopted plan.
5) Effectiveness
a) Program (or similar programs) has been shown to be effec tive at encouraging bicycling and/or walking, or improving bicycle and/or pedestrian safety. 6) Implementation/Readiness
a) Priority to programs have considered and, if needed, resolved any foreseeable implementation issues, have partnering agencies (if any) that have fully coordinated on program implementation, and for which program details are substantially determined in order to allow quick implementation once funding is received.
12. Consideration of Fairness and Equity
It is the intent of this program to fund a variety of bicycle and pedestrian projects and programs throughout the South Coast. Prior to each funding cycle, SBCAG will review previously funded projects to determine if program funds are being distributed fairly and equitably throughout the region and between project types. The scoring committee will place a heavy emphasis on the quality of applications when scoring.
If not, appropriate methods to ensure a fair and equitable distribution of funds will be developed with the assistance of local agency st affs and other stakeholders and recommended to the Subregional Committee and full SBCAG Board for approval.
13. Timely Use of Funds
To ensure that all funded projects are delivered in a timely manner, project sponsors must follow timely use of funds requireme nts for projects. If project sponsors do not meet the timely use of funds requirements, then extensions may be requested at the recommendation of the South Coast Subregional Planning Committee and approval of the SBCAG Board.
The timely use of funds schedules are as follows:
31 South Coast Regional Bicycle & Pedestrian Program Cycle 5 Guidelines 7 Capital Projects
Preliminary Engineering, Environmental and Design Projects must begin in the fiscal year they are programmed and be completed by the end of the following fiscal year . Project sponsors will have the opportunity to request one extension of up to 6 months for preliminary engineering, environmental and design projects.
Construction Projects must begin in the fiscal year they are programmed and be completed by the end of the second fiscal year following the fiscal year in which the funds were programmed.
Project sponsors will have the opportunity to request one extension of up to 18 months for construction projects.
Plans & Studies
Plans and studies must begin in the fiscal year they are programmed and be completed by th e end of the following fiscal year. Project sponsors will have the opportunity to request one extension of up to 12 months.
Programs
Programs must begin in the fiscal year they are programmed and be completed by the end of the final program fiscal year . Project sponsors will have the opportunity to request one extension of up to 12 months.
Extensions
The SBCAG Board may extend the deadlines for timely use of funds no more than one time and only if it finds that an unforeseen and extraordinary circumstanc e beyond the control of the responsible agency has occurred that justifies the extension. The extension will not exceed the period of delay directly attributed to the extraordinary circumstance and will in no event be for more than the duration of time listed above for each type of project or project phase.
The extension request should describe the specific circumstance that justifies the extension and identify the delay directly attributable to that circumstance. The request should also identify any cost increase related to the delay and how the increase would be funded.
If the same project has been awarded funds in multiple cycles, the extension only applies to the current cycle funding is being billed against. In no circumstance will timely use of funds deadlines be retroactively or preemptively extended.
Any project or project phase granted an extension may not compete for additional funding for a subsequent phase until that projec t or project phase has been completed and funds are expended.
If any age ncy does not meet the timely use of funds requirements, then unused funds programmed to the project will be forfeited and be made available for programming in a special or subsequent funding cycle.
14. Cooperative Funding Agreement
Sponsors awarded funding will be required to sign a cooperative agreement with SBCAG for the project defining the scope, estimated cost, schedule for the project, progress reporting requirements, reimbursement process, timely use of funds deadlines, etc. 32 South Coast Regional Bicycle & Pedestrian Program Cycle 5 Guidelines 8 15. Reimbursement Program
It should be emphasized that the South Coast Regional Bicycle and Pedestrian Program is a reimbursement program. Awardees must use their own funds first and submit invoices to SBCAG for reimbursement according to the process described in the cooperative fundin g agreement. Every third invoice submitted must demonstrate that appropriate Measure A match percentages (in individual cooperative agreements) have been met.
16. Progress Reports
A progress report will be used to document completed activities for all funded projects.
Semiannual progress reports must be submitted to SBCAG by January 15 th and July 15th of each fiscal year for which funds are programmed until project or program completion in order for the project to remain eligible for reimbursement . Non-compliance will place the project on the inactive list. A project which remains on the inactive list for one year will forfeit its funds and the funds will be made available for programming in a special or subsequent funding cycle.
Project completion report s must also be submitted to SBCAG within 6 months after a project has been completed.
33