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HomeMy WebLinkAbout2016 CON California Department of Transportation (Caltrans) - 18th Street Bicycle Enhancements ProjectNOTE TO FILE 07-16-2019 IN THE MATTER OF: The 2016 California Department of Transportation (CALTRANS) 18th Street Bicycle Enhancements Project Program Supplement Agreement No. F012. Please note the following: NO FULLY EXECUTED ORIGINAL AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK. A PARTIALLY EXECUTED COPY OF THE AGREEMENT IS ON FILE. ORIGINATING DEPARTMENT: NTF CDC _ Housing & Economic Development City Attorney _ Human Resources City Manager MIS Community Svcs. Planning X Eng/PW Police Finance Fire PROGRAM SUPPLEMENT NO. F012 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 11-5066F15 Adv Project ID Date: October 6, 2016 1115000153 Location: 11-SD-0-NATC Project Number: HSIPL-5066(031) 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 07/11/16 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: On East 18th St between D Ave and Palm Ave TYPE OF WORK: Install bicycle lanes and bike boxes LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds $213,556.00 ZS30 $213,556.00 LOCAL $0.0 OTHER $0.0( CITY OF NATJ+AN*L CITY By Title Date Attest RON MORRISON MAYOR MICVEL DALLA, ITY CLERK I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Accounting Officer Date Date /0/6/14, $213,556.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 11-5066F15-F012- ISTEA Page 1 of 6 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) Page 1 of 1 TO: STATE CONTROLLER'S OFFICE Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 DATE PREPARED. 10/6/2016 PROJECT NUMBER: 1115000153 REQUISITION NUMBER / CONTRACT NUMBER. 1115000153 HSIPL-5066(031) RQS - 111700000109 FROM: Department of Transportation SUBJECT Encumbrance Document VENDOR / LOCAL AGENCY. CITY OF NATIONAL CITY $ 213,556.00 PROCUREMENT TYPE Local Assistance CHAPTER 10 STATUTES 2015 ITEM 2660-102-0890 YEAR 2015-2016 PEC / PECT 2030010550 TASK / SUBTASK 2620/0420 AMOUNT $ 213,556.00 ADA Nob 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 HSIPL-5066(031) 10/06/2016 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. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE -approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of 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. E. 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. F. 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 - Program Supplement 11-5066F15-F012- ISTEA Page 2 of 6 11-SD-0-NATC HSIPL-5066(031) 10/06/2016 SPECIAL COVENANTS OR REMARKS 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 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.). G. 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. H. 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. 2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Program Supplement 11-5066F15-F012- ISTEA Page 3 of 6 11-SD-O-NATC HSIPL-5066(031) 10/06/2016 SPECIAL COVENANTS OR REMARKS Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT. B. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, Program Supplement 11-5066F15-F012- ISTEA Page 4 of 6 11-SD-0-NATC HSIPL-5066(031) 10/06/2016 SPECIAL COVENANTS OR REMARKS 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in Program Supplement 11-5066F15-F012- ISTEA Page 5 of 6 11-SD-0-NATC HSIPL-5066(031) 10/06/2016 SPECIAL COVENANTS OR REMARKS ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement. Program Supplement 11-5066F15-F012- ISTEA Page 6 of 6 RESOLUTION NO. 2016 — 180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. F012 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO ALLOW FOR REIMBURSEMENT OF UP TO $213,556 IN ELIGIBLE PROJECT EXPENDITURES FOR THE 18' STREET BICYCLE ENHANCEMENTS PROJECT THROUGH THE HIGHWAY SAFETY IMPROVEMENT PROGRAM, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET (NO LOCAL MATCH REQUIRED) WHEREAS, on November 20, 2013, the California Department of Transportation ("Caltrans") awarded the City of National City a $192,200 Highway Safety Improvement Program ("HSIP") grant for the 18th Street Bicycle Enhancements Project (the "Project"); and WHEREAS, during the construction authorization process, Caltrans informed the City that the Project was eligible for $21,356 in toll credits, bringing the total grant award to $213,556, which the State allocated for construction, with no local match requirement; and WHEREAS, the Project will provide for the installation of approximately .75 miles of Class II bike facilities (bike lane pavement markings with signage) from "D" Avenue to Palm Avenue, the installation of 6 Bike Boxes, and roadway rehabilitation to ensure a smooth travel surface for bicyclists; and WHEREAS, execution of Program Supplement Agreement No. F012 to Administering Agency -State Master Agreement No. 11-5066F15 is required to allow for reimbursement of eligible Project expenditures through the Federal HSIP. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Program Supplement Agreement No. F012 with the State of California Department of Transportation for reimbursable grant funds for eligible project expenditures of up to $213,556 for the 18th Street Bicycle Enhancements Project through the Highway Safety Improvement Program. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of appropriations and a corresponding revenue budget for said grant funds. PASSED and ADOPTED this 15th day of Novem 5J16. ATTEST: I R. Dalla, City lerk Morrison, Mayor APPROVED AS TO FORM: rah George H. =iser, III Interim City Attorney Passed and adopted by the Council of the City of National City, California, on November 15, 2016 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 /./A dtt P City Cle k of the City of Naional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-180 of the City of National City, California, passed and adopted by the Council of said City on November 15, 2016. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT a0‘5-35 MEETING DATE: November 15, 2016 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute Program Supplement Agreement No. F012 with the State of California Department of Transportation for the 18th Street Bicycle Enhancements Project to allow for reimbursement of up to $213,556 in eligible project expenditures through the Highway Safety Improvement Program (HSIP), and 2) establishing appropriation of revenues and expenditures (no local match required). PREPARED BY: Jose Lopez PHONE: 619-336-4312 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering & Public Works APPROVED BY: APPROVED: APPROVED: Revenue Account No. 296-06580-3498 Expenditure Account No. 296-409-500-598-6580 (18th Street HSIP) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ,TTACHMENTS: 1. Explanation 2. Program Supplemental Agreement 3. Resolution a�sovvt‘o\-1 No. a0%6-\%0 Explanation On November 20, 2013, the California Department of Transportation (Caltrans) awarded a $192,200 Highway Safety Improvement Program (HSIP) grant for the 18th Street Bicycle Enhancements Project. During the construction authorization process, Caltrans informed City staff that the project was eligible for $21,356 in toll credits, bringing the total grant award to $213,556. The State has allocated $213,556 for construction. There is no local match requirement. The project will provide the following enhancements: • Installation of approximately .75 miles of Class II bike facilities (bike lane pavement markings with signage) from "D" Avenue to Palm Avenue • Installation of 6 Bike Boxes O 2 — E. 18th Street and Highland Avenue O 2 — E. 18th Street and "L" Avenue O 2 — E. 18th Street and Palm Avenue • Roadway rehab to ensure a smooth travel surface for bicyclists City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. F012 to Administering Agency -State Master Agreement No. 11- 5066F15 is required to allow for reimbursement of eligible project expenditures through the Federal HSIP. 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 October 13, 2016 Mr. Stephen Manganiello Director of Public Works City of National City 1243 National City Boulevard National City, CA 91950-4301 Dear Mr. Manganiello: File : 11-SD-0-NATC HSIPL-5066(031) On East 18th St between D Ave and Palm Ave Enclosed are two originals of the Program Supplement Agreement No. 012-F to Administering Agency -State Agreement No. 11-5066F15 and an approved Finance Letter for the subject project. Please retain the signed Finance Letter for your records. Please note that federal funding will be lost if you proceed with future phase(s) of the project prior to getting the "Authorization to Proceed" with that phase. Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project Implementation - MS1 within 90 days from the receipt of this letter. If the signed Agreements are not received back in this office within 90 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding. ATTACH YOUR LOCAL AGENCY'S CERTIFIED AUTHORIZING RESOLUTION THAT CLEARLY IDENTIFIES THE PROJECT AND THE OFFICIAL AUTHORIZED TO EXECUTE THE AGREEMENT. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully executed. The State budget authority supporting the encumbered funds is only available for liquidation up to specific deadlines. These deadlines are shown on the attached Finance letter as the "Reversion Date". Please ensure that your invoices are submitted at least 60 days prior to the reversion date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date you may request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up to two years. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, r—JOHN HOOLE, Chie7C7*;\ f Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (11) DLAE - Hanh-Dung Khuu -1- DEPARTMENT OF TRANSPORTATION DIVISION OF ACCOUNTING LOCAL PROGRAM ACCOUNTING BRANCH Attention: City of National City FINANCE LETTER Date: D_CO_RT: Project No: Adv Project Id: Period of Performance End Date: Agreement End Date: 10/10/2016 11-SD-0-NATC HSIPL-5066(031) 1115000153 03/30/2018 12/30/2019 FINA CE ITEMS Agency Construction En • ineerin Contract Items: $212,556 Supplemental Work: Contingencies: Total: $0 $0 $212 556 Construction Totals: N':iclpation Ratio: 100.00% PRO RATA OR LUMP SUM Lump Sum Lump Sum TOT L COST OF WORK FEDE - L PART. COST $1,000. 213,556.0 $1,000. $212,556.0 213,556.0 F D. EIMB % 100.00% 100.00% 0.00% FEDE- LFUNDS ZS30 $1,000.00 LOCAL FUNDS $0.0 . $0.0 OTHER FUNDS (NON -PART.) $0.0 1 $0.0 0.0 Signature: EA No: This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is prered� oca) ssistance Acc3, nting Office and is provided here for local agency's information and action. Title: HQ Sr. Engineer For questions regarding finance letter, contact: Printed Name : Nahed A. Abdin Telephone No: (916) 653-7928 Remarks: RFA for CON. $213,556 ZS30 HSIP funds. Includes $21,356 in Toll Credits. Cycle 6 HSIP ID #HSIP6-11-014. Agency FL dated 8/24/2016. Engineer's estimate (12-A) dated 8/23/2016. - cng 8/25/16 ADV. PROJECT ID APPROP. STATE PROG. FED/STATE UNIT 1115000153 I 16102F I 2030010550 I F ACCOUNTING INFORMATION ENCUMBRANCE APPROP AMOUNT YEAR EXPENDITURE AMOUNT HSIPL-5066(031) ENCUMBRANCE REVERSION BALANCE DATE Cooperative Work Agreement APPROVED AMOUNT EXPIRATION DATE $213,556.00 I 1516 $0.0o $213,556.00 I 06/30/21 Pnnn 1 of 1 PROGRAM SUPPLEMENT NO. F012 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 11-5066F15 Adv Project ID Date: 1115000153 Location: Project Number: E.A. Number: Locode: October 6, 2016 11-SD-0-NATC HSIPL-5066(031) 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 07/11/16 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: On East 18th St between D Ave and Palm Ave TYPE OF WORK: Install bicycle lanes and bike boxes LENGTH: 0.0(MILES) Estimated Cost $213,556.00 Federal Funds ZS30 $213,556.00 Matching Funds LOCAL $0.0 OTHER $0.00 CITY OF NATIONAL CITY By Title Date Attest RON MORRISON MAYOR MICHAEL DALLA, CITY CLERK STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date /0/6 /1,0 $213.556.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 11-5066F15-F012- ISTEA Page 1 of 6 -3- 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 SUBJECT Page 1 of 1 DATE PREPARED. 10/6/2016 PROJECT NUMBER 1115000153 REQUISITION NUMBER / CONTRACT NUMBER 1115000153 HSIPL-5066(031) RQS - 111700000109 Encumbrance Document VENDOR / LOCAL AGENCY CITY OF NATIONAL CITY $ 213,556.00 PROCUREMENT TYPE Local Assistance CHAPTER 10 STATUTES 2015 ITEM 2660-102-0890 YEAR 2015-2016 PEC / PECT 2030010550 TASK / SUBTASK 2620/0420 AMOUNT $ 213,556.00 ADA Notil 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. -4- 11-S D-O-N ATC HSIPL-5066(031) 10/06/2016 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. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE -approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of 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. E. 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. F. 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 - Program Supplement 11-5066F15-F012- ISTEA Page 2 of 6 -5- 11-SD-0-NATC HSIPL-5066(031) 10/06/2016 2. SPECIAL COVENANTS OR REMARKS 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 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.). G. 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. H. 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. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Program Supplement 11-5066F15-F012- ISTEA Page 3 of 6 -6- 11-SD-0-NATC HSIPL-5066(031) 10/06/2016 SPECIAL COVENANTS OR REMARKS Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT. B. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, Program Supplement 11-5066F15-F012- ISTEA Page 4 of 6 -7- 11-SD-0-NATC HSIPL-5066(031) 10/06/2016 SPECIAL COVENANTS OR REMARKS 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in Program Supplement 11-5066F15-F012- ISTEA Page 5 of 6 -8- 11-SD-0-NATC HSIPL-5066(031) 10/06/2016 SPECIAL COVENANTS OR REMARKS ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement. Program Supplement 11-5066F15-F012- ISTEA Page 6 of 6 _ 9 _ RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. F012 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO ALLOW FOR REIMBURSEMENT OF UP TO $213,556 IN ELIGIBLE PROJECT EXPENDITURES FOR THE 18T" STREET BICYCLE ENHANCEMENTS PROJECT THROUGH THE HIGHWAY SAFETY IMPROVEMENT PROGRAM, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET (NO LOCAL MATCH REQUIRED) WHEREAS, on November 20, 2013, the California Department of Transportation ("Caltrans") awarded the City of National City a $192,200 Highway Safety Improvement Program ("HSIP") grant for the 18'h Street Bicycle Enhancements Project (the "Project"): and WHEREAS, during the construction authorization process, Caltrans informed the City that the Project was eligible for $21,356 in toll credits, bringing the total grant award to $213,556, which the State allocated for construction, with no local match requirement; and WHEREAS, the Project will provide for the installation of approximately .75 miles of Class II bike facilities (bike lane pavement markings with signage) from "D" Avenue to Palm Avenue, the installation of 6 Bike Boxes, and roadway rehabilitation to ensure a smooth travel surface for bicyclists; and WHEREAS, execution of Program Supplement Agreement No. F012 to Administering Agency -State Master Agreement No. 11-5066F15 is required to allow for reimbursement of eligible Project expenditures through the Federal HSIP. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Program Supplement Agreement No. F012 with the State of California Department of Transportation for reimbursable grant funds for eligible project expenditures of up to $213,556 for the 18th Street Bicycle Enhancements Project through the Highway Safety Improvement Program. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of appropriations and a corresponding revenue budget for said grant funds. PASSED and ADOPTED this 15th day of November, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, Ill Interim City Attorney