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HomeMy WebLinkAboutState of California Department of Transportation (Caltrans) Program Supplement Agreement No. 0000A410 - Class I and IV Bikeways - 5066-(059) - 202311-SD-O-NATC ATPL-5066(059) SPECIAL COVENANTS REMARKS 1. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual L PM , the Local Assistance Program Guidelines (LAPO), and this PROGRAM SUPPLEMENT B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures. C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE -approved Allocation Letter and STATE Finance Letter. ADMINISTERING ING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s)and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. P. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (ESP), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Program Su pl m nt 11--5 6- 1 - SERIAL Page 2 of 11-SD-O-NATC ATPL- 9) SPECIAL COVENANTS OR REMARKS Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within months of the construction fund allocation and to complete and accept the construction within 36 months f award. F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase. G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the and of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. H. ADMINISTERING ISTE ING AGENCY agrees to submit the final report documents that collectively constitute a "Report rt f Expenditures" within one hundred eighty 1 days of PROJECT completion. Failure of ADMINISTERING ISTE IING AGENCY C to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program AT Guidelines. I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to b.e claimed must be allocated in accordance with an indirect Cost Allocation Plan IC P , submitted, reviewed, and approved in accordance with Ca!trans Audits and Investigations requirements which may be accessed at: www.d t. a. v hq/audits . ADMINISTERING GENC agrees to comply with, and require all sub -recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the all viability of individual PROJECT cost items. Any Fund expenditures for costs for which ADMINISTERING AGENCY has received Program Supplement 1— -A 1 - SERIAL Page 3 of 4 I -SD-O-NATC ATP 0 SPECIAL COVENANTS REMARKS 3 payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, , Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, r within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third -party source, including, but not limited to, the State Treasurer, the State Controller, and the CaliforniaTransportation Commission. • • • • • J. By executing this PROGRAM SUPPLEMENT, T, D II ISTE ING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended. K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted S 1 Accountability and Transparency Guidelines. 1. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. Program Supplement 11-5 - 41 - SERIAL Page 4 of 4 RESOLUTION NO. 2024 15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. A336 (PSA 1) AND PSA NO, A410 (PSA 2) WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE 24TH STREET TRANSIT CENTER CONNECTIONS PROJECT, C!P 23-13; 2) AUTHORIZING THE ESTABLISHMENT OF ENGINEERING GRANTS FUND APPROPRIATIONS OF $148,000 FOR PSA 1 AND $148,000 FOR PSA 2 AND CORRESPONDING REVENUE BUDGETS; AND 3) COMMITTING TO PROVIDING A LOCAL MATCH OF $2,000 FOR PSA 1 AND $2,000 FOR PSA 2. WHEREAS, in June 2022, City staff submitted two Cycle 6 Active Transportation Program ("ATP")grant applications to the California Department of Transportation ("Caltrans") for the 24th Street Transit Center Connections project ("Project"); and WHEREAS, the first ATP project ("ATP 1") proposes to construct Class IV bikeways on Hoover Avenue from 22nd Street to 33rd Street and also Class IV bikeways on 30th Street from Hoover Avenuto Highland Avenue, and the second ATP project ("ATP 2") proposes to construct Class I and IV bikeways on 22nd Street from Wilson Avenue to D Avenue; and WHEREAS, E S, both ATP applications are part of the Project, which is comprised of these two segments that complete or improve the bicycle network in the vicinity of the 24th Street Transit Center located on Wilson Avenue near 22nd Street; and WHEREAS, at their December 7, 2022 meeting, the California Transportation Commission "CTC" awarded grants in the amount of $3,496,000 for ATP 1 and $3,288,000 for ATP 2 for the Project; and WHEREAS, the $3,498,000 award for ATP 1 was distributed by project phases as follows: Project Approval and Environmental Documents "PA ED" - $148,000; Plans, Specifications, and Estimate "PS E" - $445,000; and Construction ("CON") $2,903,000; and WHEREAS, the $3,288,000 award for ATP 2 was distributed by project phases as follows: PA&ED - $148,000; PS&E - $380,000; CON - $2,760,000; and WHEREAS, on November 2, 2023 and on December 227 2023, Caltrans issued Authorizations to Proceed to the City for the PA&ED phases, formalized as Program Supplement Agreements ("PSA"), confirming the State Funds portions of $148,000 with a $27000 local match for ATP I and $148,000 with a $2,000 local match for ATP 2, respectively; and WHEREAS, S, once the PA&ED phases are complete, staff will return to the City Council for the appropriation of funding for subsequent phases of both ATPs; and WHEREAS, the local match requirement is available through prior City Council Traffic Monitoring/Safety Enhancements appropriations; and WHEREAS, City staff recommends the City Council adopt this Resolution authorizing the Mayor to execute PSA, No. A336 ("PSA 1") and PSA No. A410 "PSA 2 with Caltrans for the Project to allow for reimbursement of up to $148,000 for the PA&ED phase for PSA 1 and $148,000 for the PA&ED phase for PSA 2. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: That the City Council hereby authorizes the Mayor to execute Program Supplement Agreement (:`PSIS'}) No. A ("PSA I") and PSA No. A410 ("PSA 2") with the State of California Department of Transportation for the 24th Street Transit Center Connections project, CIP -1 , to allow for reimbursement of up to $148.000 in eligible project expenditures for each PSA. Section 2: That the City Council hereby authorizes the establishment of Engineering Grants Fund appropriations of 148,000 for 'ATP I") and 14 ,000 ("ATP 2") and corresponding revenue budgets. Section 3: That the City Council hereby authorizes to commit to providing a local match of S ,000 for PSA 1 and 2,000 PSA 2. Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 19th day of 2024. n Morrison, Mayor ATTEST: elley Chap , MC, City Jerk APPROVED AS TO FORM: Barry J. SCity Attorney Passed and adopted by the City Council of the City of National City, California, on March 19, 2024 by the following vote, to -wit: Ayes: Bush, Molina, Rodriguez, Yamane, Morrison Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California Shelley Chapel ity Clerk of the City of National City, California BY: