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HomeMy WebLinkAbout2015 CON California Department of Transportation Calrtans - Safe Routes to Schools Ped EnhancementsAccounting Officer Chapter utes PROGRAM SUPPLEMENT NO. N010 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 11-5066R Adv Project ID Date: September 4, 2015 1115000089 Location: 11-SD-0-NATC Project Number: ATPL-5066(025) E.A. Number: . Locode: 5066 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 05/02/07 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. ,2Ql5-Ito approved by the Administering Agency onOC .69 acts (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: National City at various locations. TYPE OF WORK: National City SRTS Ped Enhancements LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds M3E2 $50,000.00 $50,000.00 LOCAL $0.0 OTHER $0.00 CITY OF NAT _ .c/ L CITY By Title Date Attest Ron Morrison, Mayor October 6, 2015 STATE OF CALIFORNIA Department ofT�/rt 'or .�l �1G� Chief, Office of Project Implementation Division of Local Assistance Date /0 47 I hereby certify upon my pers. - .l knowle AreViA Item Yea t budgeted funds are available for this encumbrance: Program BC Date Category r $50,000.00 Fund Source AMOUNT Program Supplement 11-5066R-N010- ISTEA Page 1 of 5 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) TO: STATE CONTROLLER'S OFFICE Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 Page 1 of 1 DATE PREPARED: 9/8/2015 PROJECT NUMBER: 11115000089 REQUISITION NUMBER / CONTRACT NUMBER: FROM Department of Transportation SUBJECT. Encumbrance Document VENDOR / LOCAL AGENCY. CITY OF NATIONAL CITY CONTRACT AMOUNT: $50,000.00 PROCUREMENT TYPE: Local Assistance CHAPTER 25 STATUTES '014 ITEM 2550-108-0890 YEAR 2014/2015 PEC / PECT 2030720100 COE/Category 2620/0000 AMOUNT 50,000.00 ADA NOtll For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 or write Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 95814. 11 -SD-0-NATC ATPL-5066(025) 09/04/2015 SPECIAL COVENANTS OR REMARKS 1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. 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 invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. D. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY 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 Local Assistance Procedures Manual. E. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal Program Supplement 11-5066R-N010- ISTEA Page 2 of 5 11-SD-0-NATC ATPL-5066(025) SPECIAL COVENANTS OR REMARKS 09/04/2015 obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. G. As a condition for receiving federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. H. This PROJECT is programmed to receive Federal funding 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(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the component specific allocation or the effective date of the federal obligation of funds. Program Supplement 11-5066R-N010- ISTEA Page 3 of 5 11-SD-0-NATC ATPL-5066(025) SPECIAL COVENANTS OR REMARKS 09/04/2015 I. STATE and ADMINISTERING AGENCY agree that any additional funds made available for new phase(s) of work by future Federal obligations will be encumbered on this PROJECT by use of a Federal Highway Administration -approved "Authorization to Proceed" notification and State Finance Letter. ADMINISTERING AGENCY also agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration and that STATE funds available for reimbursement will be limited to the amounts allocated by the California Transportation Commission and/or STATE. J. 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 Federal Highway Administration - approved "Authorization to Proceed" notification, a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. K. 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 (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT. L. The submittal of invoices for PROJECT costs shall be in accordance with the above - referenced publications and the following. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance, whichever occurs first, to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. M. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these Federal funds. N. This PROJECT is subject to the timely use of funds provisions enacted by the ATP Guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (E&P), 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 Supplement 11-5066R-N010- ISTEA Page 4 of 5 11-SD-0-NATC ATPL-5066(025) SPECIAL COVENANTS OR REMARKS 09/04/2015 Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award. O. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program Guidelines, as adopted or amended. Program Supplement 11-5066R-N010- ISTEA Page 5 of 5 RESOLUTION 2015 — 148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. N010 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE NATIONAL CITY SRTS PED ENHANCEMENTS PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $50,000 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE FEDERAL ACTIVE TRANSPORTATION PROGRAM, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $50,000 WHEREAS, on September 27, 2014, the California Department of Transportation (Caltrans) awarded a $350,000 Federal Active Transportation Program ("ATP") grant to the City of National City for the National City SRTS Ped Enhancements Project; and WHEREAS, the State allocated $50,000 for the Project Approval and Environmental Documents ("PA&ED") phase, with the remaining balance for final design and engineering, available pending completion of the PA&ED phase; and WHEREAS, the project will address potential pedestrian barriers previously identified during a walk audit by providing the following enhancements: high visibility crosswalks, ADA accessible ramps with truncated domes, pedestrian crosswalk signs, and sidewalk enhancements at key locations. NOW, THEREFORE, BE IT RESOLED that the City Council of the City of National City hereby authorizes the Mayor to execute Program Supplement Agreement No. N010 to Administering Agency -State Master Agreement No. 11-5066R, as required, to allow for reimbursement of eligible project expenditures through the Federal Active Transportation Program. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of appropriations and the corresponding revenue budget in the amount of $50,000. ATTEST: PASSED and ADOPTED this 6th day of October, on Morrison, Mayor PPROVED S TO FORM: Micha-I R. Dalla, Cit Clerk laudia Gac r ua ilva City Attori\ey Passed and adopted by the Council of the City of National City, California, on October 6, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-148 of the City of National City, California, passed and adopted by the Council of said City on October 6, 2015. i/ a. City CIrk of the City of tional City, California By: Deputy DEPARTMENT OF TRANSPORTATION DIVISION OF ACCOUNTING LOCAL PROGRAM ACCOUNTING BRANCH Attention: City of National City FINANCE ITEMS FINANCE LETTER Date: 09/14/2015 Agency: 11-SD-0-NATC Project No: ATPL-5066(025) EA No: PRO RATA OR TOTAL COST OF FEDERAL PART. FED. REIMB % FEDERAL LOCAL LUMP SUM WORK COST M3E2 Agency Preliminary Engineering - PA/ED Fed. Partic: 100.00% Totals: Lump Sum $50,000.00 $50,000.00 100.00% $50,000.00 $50,000.00 0.00% $50,000.00 $50,000.00 $0.00 $o.00 This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action. Signature: Title: el-i\c‘),‘apat- HQ Sr. Area Engineer Remarks: Toll credit is used in lieu of local match. ACCOUNTING INFORMATION For questions regarding finance letter, contact: Printed Name : Richard Ke Telephone No: (916) 653-4797 ATPL-5066(025) APPROP. ENCUMBRANCE APPROP EXPENDITURE ENCUMBRANCE REVERSION ADV. PROJ. ID UNIT STATE PROG. FED/STATE AMOUNT YEAR AMOUNT BALANCE DATE 1115000089 15108F 2030720100 F $50,000.00 1415 $0.00 $50,000.00 06/30/20 Cooperative Work Agreement APPROVED EXPIRATION AMOUNT DATE Page 1 of 1 ATTEST: Michabl R. Dalla, Cit Clerk RESOLUTION 2015 — 148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. N010 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE NATIONAL CITY SRTS PED ENHANCEMENTS PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $50,000 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE FEDERAL ACTIVE TRANSPORTATION PROGRAM, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $50,000 WHEREAS, on September 27, 2014, the California Department of Transportation (Caltrans) awarded a $350,000 Federal Active Transportation Program ("ATP") grant to the City of National City for the National City SRTS Ped Enhancements Project; and WHEREAS, the State allocated $50,000 for the Project Approval and Environmental Documents ("PA&ED") phase, with the remaining balance for final design and engineering, available pending completion of the PA&ED phase; and WHEREAS, the project will address potential pedestrian barriers previously identified during a walk audit by providing the following enhancements: high visibility crosswalks, ADA accessible ramps with truncated domes, pedestrian crosswalk signs, and sidewalk enhancements at key locations. NOW, THEREFORE, BE IT RESOLED that the City Council of the City of National City hereby authorizes the Mayor to execute Program Supplement Agreement No. N010 to Administering Agency -State Master Agreement No. 11-5066R, as required, to allow for reimbursement of eligible project expenditures through the Federal Active Transportation Program. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of appropriations and the corresponding revenue budget in the amount of $50,000. PASSED and ADOPTED this 6th day of October, on Morrison, Mayor PPROVED S TO FORM: laudia Gac ua ilva City Attor'ey Passed and adopted by the Council of the City of National City, California, on October 6, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California I AY .A City Jerk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-148 of the City of National City, California, passed and adopted by the Council of said City on October 6, 2015. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA a 0% COUNCIL AGENDA STATEMENT MEETING DATE: October 6, 2015 AGENDA ITEM NO. 12 ITEM TITLE: Resolution of the City Council of the City of National City authorizing, 1) the Mayor to execute Program Supplement Agreement No. NO10 with the State of California Department of Transportation for the National City SRTS Ped Enhancements Project to allow for reimbursement of up to $50,000 in eligible project expenditures through the Federal Active Transportation Program (ATP), and; 2) the appropriation of $50,000 for the project PREPARED BY: Stephen Manganiello PHONE: (619) 336-4382 EXPLANATION: See attached. DEPARTME Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT Revenue Account No. 323-00000-3498 Expenditure Account No. 323-409-500-598-6166 (Safe Routes to School) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: /r Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Program Supplemental Agreement 3. Resolution ��C.sU1,Vt10t, !30• got5 -\`k% Explanation On September 27, 2014, the California Department of Transportation (Caltrans) awarded a $350,000 Federal Active Transportation Program (ATP) grant for the National City SRTS Ped Enhancements Project. The State has allocated $50,000 for the Project Approval and Environmental Documents (PA&ED) phase. On August 21, 2015, Caltrans issued an Authorization to Proceed to the City for the PA&ED phase, establishing the date for eligible reimbursement. The remaining balance, which will be used for final design / engineering, will be available pending completion of the PA&ED phase. Staff is pursuing grant opportunities to fund project construction. There is no local match requirement. The potential improvements will be based on barriers identified during a series of comprehensive Walk Audits as part of the City's SMART Foundation Plan. Pedestrian barriers identified during the walk audit include: lifted sidewalks, utility poles within sidewalks/pedestrian curb ramps, substandard pedestrian curb ramps, and a lack of crosswalks, pedestrian ramps, signage and signals. The project will address these barriers by providing the following enhancements: high visibility crosswalks, ADA accessible ramps with truncated domes, pedestrian crosswalk signs and sidewalk enhancements at key locations. Staff recommends authorizing the Mayor to execute Program Supplement Agreement No. N010 to Administering Agency -State Master Agreement No. 11-5066R, as required to allow for reimbursement of eligible project expenditures through the Federal ATP. Staff also recommends appropriation of $50,000 to corresponding expenditure account for Safe Routes to School. PROGRAM SUPPLEMENT NO. N010 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 11-5066R Adv Project ID Date: 1115000089 Location: Project Number: E.A. Number: Locode: September 4, 2015 11-SD-0-NATC ATPL-5066(025) 5066 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 05/02/07 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: National City at various locations. TYPE OF WORK: National City SRTS Ped Enhancements LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds M3E2 $50,000.00 $50,000.00 LOCAL $0.00 OTHER $0.00 CITY OF NATIONAL CITY J By Title Date Attest Ron Morrison, Mayor October 6, 2015 I hereby certify upon my pe ,. - -1 knowle, Accounting Officer Chapter utes Item Yea STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date t budgeted funds are available for this encumbrance: Program BC Date Category Fund Source $50,000.00 AMOUNT Program Supplement 11-5066R-N010- ISTEA Page 1 of 5 -2- STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) TO: STATE CONTROLLER'S OFFICE Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 FROM: Department of Transportation Page 1 of 1 DATE PREPARED: 9/8/2015 PROJECT NUMBER: 11115000089 REQUISITION NUMBER / CONTRACT NUMBER: RQS 111600000093 SUBJECT: Encumbrance Document VENDOR/LOCAL AGENCY: CITY OF NATIONAL CITY CONTRACT AMOUNT: $50,000.00 PROCUREMENT TYPE: Local Assistance CHAPTER STATUTES ITEM YEAR PEC / PECT COE/Category AMOUNT 2"5 2014 2660-108-0890 2014/2015 2030720100 2620/0000 50,000.00 ADA Notil For individuals with sensory disabilities, this documen is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 or write Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 95814. -3- 11-SD-0-NATC ATPL-5066(025) SPECIAL COVENANTS OR REMARKS 09/04/2015 1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. 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 invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. D. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY 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 Local Assistance Procedures Manual. E. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR - Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal Program Supplement 11-5066R-N010- ISTEA Page 2 of 5 -4- 11-SD-O-NATC ATPL-5066(025) SPECIAL COVENANTS OR REMARKS 09/04/2015 obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice - for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. G. As a condition for receiving federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. H. This PROJECT is programmed to receive Federal funding 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(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the component specific allocation or the effective date of the federal obligation of funds. Program Supplement 11-5066R-N010- ISTEA Page 3 of 5 -5- 11-SD-0-NATC ATPL-5066(025) SPECIAL COVENANTS OR REMARKS 09/04/2015 I. STATE and ADMINISTERING AGENCY agree that any additional funds made available for new phase(s) of work by future Federal obligations will be encumbered on this PROJECT by use of a Federal Highway Administration -approved "Authorization to Proceed" notification and State Finance Letter. ADMINISTERING AGENCY also agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration and that STATE funds available for reimbursement will be limited to the amounts allocated by the California Transportation Commission and/or STATE. J. 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 Federal Highway Administration - approved "Authorization to Proceed" notification, a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. K. 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 (LAPM), the Local Assistance Program Guidelines (LAPG),- and this PROGRAM SUPPLEMENT. L. The submittal of invoices for PROJECT costs shall be in accordance with the above - referenced publications and the following. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance, whichever occurs first, to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. M. All obligations of STATE under the terms of this Agreement are subject to the. appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these Federal funds. N. This PROJECT is subject to the timely use of funds provisions enacted by the ATP Guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental. & permits (E&P), 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 Supplement 11-5066R-N010- ISTEA Page 4 of 5 -6- 11-SD-0-NATC ATPL-5066(025) SPECIAL COVENANTS OR REMARKS 09/04/2015 Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award. O. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program Guidelines, as adopted or amended. Program Supplement 11-5066R-N010- ISTEA Page 5 of 5 -7- DEPARTMENT OF TRANSPORTATION DIVISION OF ACCOUNTING LOCAL PROGRAM ACCOUNTING BRANCH Attention: City of National City FINANCE LETTER Date: 09/14/2015 Agency: 11-SD-0-NATC Project No: ATPL-5066(025) EA No: FINANCE ITEMS Agency Preliminary Engineering - PA/ED Fed. Partic: 100.00% Totals: PRO RATA OR TOTAL COST OF FEDERAL PART. FED. REIMB % FEDERAL LOCAL LUMP SUM WORK COST Lump Sum $50,000.00 $50,000.00 100.00% M3E2 $50,000.00 $0.00 550,000.00 $50,000.00 0.00% $50,000.0 mod This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action. Signature: c"),,k4a7421/___,, Title: HQ Sr. Area Engineer Remarks: Toll credit is used in lieu of local match. For questions regarding finance letter, contact: Printed Name : Richard Ke Telephone No: (916) 653-4797 ACCOUNTING INFORMATION ATPL-5066(025) APPROP. ENCUMBRANCE APPROP EXPENDITURE ENCUMBRANCE REVERSION ADV. PROJ. ID UNIT STATE PROG. FED/STATE AMOUNT YEAR AMOUNT BALANCE DATE Cooperative Work Agreement APPROVED EXPIRATION I AMOUNT DATE 1115000089 15108F 2030720100 F $50,000.00 1415 $0.00 650,000.00 06/30/20 Page 1 of 1 RESOLUTION 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. N010 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE NATIONAL CITY SRTS PED ENHANCEMENTS PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $50,000 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE FEDERAL ACTIVE TRANSPORTATION PROGRAM, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $50,000 WHEREAS, on September 27, 2014, the California Department of Transportation (Caltrans) awarded a $350,000 Federal Active Transportation Program ("ATP") grant to the City of National City for the National City SRTS Ped Enhancements Project; and WHEREAS, the State allocated $50,000 for the Project Approval and Environmental Documents ("PA&ED") phase, with the remaining balance for final design and engineering, available pending completion of the PA&ED phase; and WHEREAS, the project will address potential pedestrian barriers previously identified during a walk audit by providing the following enhancements: high visibility crosswalks, ADA accessible ramps with truncated domes, pedestrian crosswalk signs, and sidewalk enhancements at key locations. NOW, THEREFORE, BE IT RESOLED that the City Council of the City of National City hereby authorizes the Mayor to execute Program Supplement Agreement No. N010 to Administering Agency -State Master Agreement No. 11-5066R, as required, to allow for reimbursement of eligible project expenditures through the Federal Active Transportation Program. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of appropriations and the corresponding revenue budget in the amount of $50,000. PASSED and ADOPTED this 6th day of October, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr., Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (916) 654-3883 Fax (916) 654-2408 November 3, 2015 Mr. Stephen Manganiello Director of Public Works City of National City 1243 National City Boulevard National City, CA 91950-4301 Attn: Kuna Muthusamy Dear Mr. Manganiello: File : 11-SD-O-NATC ATPL-5066(025) National City at various locations. Enclosed is your fully executed copy of Program Supplement Agreement No. 010-N to Administering Agency -State Agreement No. 11-5066R. Sincerely, JOHN HOOLE, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (11) DLAE - Erwin Gojuangco