HomeMy WebLinkAbout2018 CON Dept of Transportation Caltrans - Citywide Traffic Signal and ADA Improvements - PSA No. F016NOTE TO FILE
07-30-2019
IN THE MATTER OF: The 2018 Department of Transportation (CALTRANS)
Citywide Traffic Signal and ADA Improvements Project — Program
Supplement Agreement No. F016. Please note the following:
NO FULLY EXECUTED ORIGINAL AGREEMENT
WAS FILED WITH THE OFFICE OF THE CITY CLERK.
A COPY OF THE PARTIALLY EXECUTED AGREEMENT
IS ON FILE.
ORIGINATING DEPARTMENT:
CDC Housing & Economic Development
City Attorney Human Resources
City Manager MIS
Community Svcs. Planning
X Eng/PW Police
Finance
Fire
*02/15/18: Originals forwarded to Judy Hernandez (ENG/PW) for processing.
NTF
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 18, 2017
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
H S I PL-5066 (029)
9 Intersections throughout National
City
Enclosed are two originals of the Program Supplement Agreement No. 016-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 OFFICIAL AUTHORIZED TO EXECUTE THE AGREEMENT ON THE AGENCY'S
BEHALF. 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, J i/4
f JOHN HOOLE, Chief
I Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(11) DLAE - Bing Luu
L;i+ter, :i 93- Hd
,11 I .0
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:
10/16/2017
11-SD-0-NATC
HSIPL-5066(029)
1115000103
08/21 /2019
05/21/2021
FIN • NCE ITEMS
Contract Items:
Contingencies:
Total:
$751,528
$75,153
$826 681
Construction
Agency Construction
En•ineerin•
Totals:
ORA AO
LUMP SUM
Lump Sum
Lump Sum
A COST OF
WORK
FE . EPART.
COST
E'.'EIMB%
89.99%
90.00%
0.00%
FEDERAL
ZS30
LOCAL
LOCAL (N/P)
$1,000.0 .
Participation Ratio: 99.89%
Signature:
This Finance Letter was c ated
encumbrance history ipar
Title: HQ Sr. Area Engineer
Remarks: RFA for Con.
Cycle 6, HSIP ID #HSIP6-11-012. - cnq 8/3/2017
EA No:
d on Pecific financial information provided by the responsible local agency. The following
Assist npe A punting Office and is provided here for local agency's information and action.
For questions regarding finance letter, contact:
Printed Name : Nahed Abdin
Telephone No: 916-653-7928
ADV. PROJECT ID APPROP. STATE PROG. FED/STATE
UNIT
1115000103 I 17102F I 2030010550 I F
ACCOUNTING INFORMATION
ENCUMBRANCE APPROP
AMOUNT YEAR
EXPENDITURE
AMOUNT
HSIPL-5066(029)
ENCUMBRANCE
BALANCE
REVERSION
DATE
Cooperative Work Agreement
APPROVED EXPIRATION
AMOUNT DATE
$810,650.00 I 1617
$0.00 I
$810,650.00 I 06/30/22
Page 1 of 1
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
9/28/2017
PROJECT NUMBER
1115000103
REQUISITION NUMBER / CONTRACT NUMBER:
RQS 111800000128
FROM
Department of Transportation
SUBJECT
Encumbrance Document
VENDOR/LOCAL AGENCY
CITY OF NATIONAL CITY
$ 810,650.00
PROCUREMENT TYPE
Local Assistance
CHAPTER
STATUTES
ITEM
YEAR
PEC / PECT
TASK / SUBTASK
AMOUNT
23
2016
2660-102-0890
2016/2017
2030010550
2620/0420
810,650.00
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.
PROGRAM SUPPLEMENT NO. F016
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 11-5066F15
Adv Project ID Date:
1115000103 Location:
Project Number:
E.A. Number:
Locode:
September 25, 2017
11-SD-0-NATC
HSIPL-5066(029)
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:
9 Intersections throughout National City
TYPE OF WORK: Install pedestrian crossings and related improvements
LENGTH: 0.0(MILES)
Estimated Cost
Federal Funds
Matching Funds
$901,834.00
ZS30 $810,650.00
LOCAL
$91,184.0
OTHER
$0.0(
CITY OF NATIO •' CITY
By
Title
Date
Attest
MUKKISUN
MAYOR
February 6,, ;;18
Michael D.ila, City
I hereby certify upon my personal
Accounting Officer
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
ge that budgeted funds are available for this encumbrance:
Date
/7
$810.650.00
Chapter
Statutes
Item
Year
Program
BC
Category
Fund Source
AMOUNT
Program Supplement 11-5066F15-F016- ISTEA Page 1 of 6
11-SD-0-NATC
HSIPL-5066(029)
09/25/2017
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-F016- ISTEA
Page 2 of 6
11-SD-0-NATC 09/25/2017
HSIPL-5066(029)
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-F016- ISTEA Page 3 of 6
1.1-SD-0-NATC 09/25/2017
• HSIPL-5066(029)
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-F016- ISTEA Page 4 of 6
11-SD-0-NATC 09/25/2017
• HSIPL-5066(029)
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-F016- ISTEA
Page 5 of 6
11-SD-0-NATC 09/25/2017
•
HSIPL-5066(029)
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-F016- ISTEA Page 6 of 6
Headquarters Division of
Local Assistance
OCT 062017
from local Programs Accounting
PROGRAM SUPPLEMENT NO. F016
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 11-5066F15
Adv Project ID , Date:
1115000103 Location:
Project Number:
E.A. Number:
Lococ(e:
September 25, 2017
11-SD-0-NATC
HSIPL-5066(029)
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:
9 Intersections throughout National City
TYPE OF WORK: Install pedestrian crossings and related improvements
LENGTH: 0.0(MILES)
Estimated Cost
Federal Funds
Matching Funds
$901,834.00
ZS30 $810,650.00
LOCAL
$91,184.0
OTHER
$0.0(
CITY OF NAT NAL CITY
By
Title MAYOR
Date February 6, 201
Attest ��.,c.•tfij .✓//"G{/''
Michael
I hereby certify upon my person
Accounting Officer
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
ledge that budgeted funds are available for this encumbrance:
Date
/I
$810,650.00
Chapter
Statutes
Item
Year
Program
BC
Category
Fund Source
AMOUNT
Program Supplement 11-5066F15-F016- 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
9/28/2017
PROJECT NUMBER.
1115000103
REQUISITION NUMBER / CONTRACT NUMBER:
RQS 111800000128
FROM
Department of Transportation
SUBJECT
Encumbrance Document
VENDOR I LOCAL AGENCY.
CITY OF NATIONAL CITY
$ 810,650.00
PROCUREMENT TYPE
Local Assistance
CHAPTER
STATUTES
ITEM
YEAR
PEC / PECT
TASK / SUBTASK
AMOUNT
23
2016
2660-102-0890
2016/2017
2030010550
2620/0420
810,650.00
ADA Nob Records
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-S D-O-NATC
FISIPL-5066(029)
09/25/2017
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-F016- ISTEA Page 2 of 6
11-SD-0-NATC
IiSIPL-5066(029)
09/25/2017
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-F016- ISTEA
Page 3 of 6
11-SD-0-NATC
HSIPL-5066(029)
09/25/2017
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-F016- ISTEA Page 4 of 6
11-SD-0-NATC
• VISIPL-5066(029)
09/25/2017
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-F016- ISTEA
Page 5 of 6
11-SD-0-NATC 09/25/2017
FiSIPL-5066(029)
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-F016- ISTEA
Page 6 of 6
Headquarters Division of
Local Assistance
OCT n6 2017
from local Programs Accounting
RESOLUTION NO. 2018 — 17
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT
AGREEMENT (PSA) NO. F016 WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE CITYWIDE
TRAFFIC SIGNAL AND ADA IMPROVEMENTS PROJECT TO ALLOW FOR
REIMBURSEMENT OF UP TO $810,650 IN ELIGIBLE PROJECT EXPENDITURES
THROUGH THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP); AND
AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND
APPROPRIATION OF $810,650 AND CORRESPONDING REVENUE BUDGET
WHEREAS, on November 11, 2013, the California Department of Transportation
(Caltrans) awarded National City an $810,650 Highway Safety Improvement Program (HSIP)
grant for the Citywide Traffic Signal and ADA Improvements Project (the "Project"); and
WHEREAS, Caltrans has allocated $810,650 for construction with a local match
requirement of $91,184, which is available in the Traffic Safety Enhancements CIP expenditure
account through FY 2018 CIP budget appropriations; and
WHEREAS, this project includes installing pedestrian crosswalk striping,
Americans with Disabilities Act (ADA) enhancements, and traffic signal equipment at the
following 7 intersections:
• Palm Avenue and East 4th Street
• Palm Avenue and Division Street
• "D" Avenue and East 18th Street
• "D" Avenue and East 24th Street
• Euclid Avenue and Division Street
• National City Boulevard and 16th Street
•
2' Avenue and Sweetwater Road
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.
F016 to Administering Agency -State Master Agreement No. 11-5066F15 to allow for
reimbursement of eligible project expenditures through the Federal Highway Safety
Improvement Program grant.
BE IT FURTHER RESOLVED that the City Council authorizes the establishment
of an Engineering Grant Fund appropriation of $810,650 and a corresponding revenue budget.
[Signature Page to Follow]
Resolution No. 2018 — 17
Page Two
PASSED and ADOPTED this 6th day of February, 2018.
ATTEST:
N
M'chael R. Dalla, ity Clerk
APPROVED AS TO FORM:
An...
Attorney
Moms -Jones
Ron Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on
February 6, 2018 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
City CI(rrk of the City of tional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2018-17 of the City of National City, California, passed and adopted
by the Council of said City on February 6, 2018.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 6, 2018
AGENDA ITEM NO. 20
EM TITLE:
Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute Program
Supplement Agreement (PSA) No. F016 with the State of California Department of Transportation (Caltrans) for
the Citywide Traffic Signal and ADA Improvements Project to allow for reimbursement of up to $810,650 in
eligible project expenditures through the Highway Safety Improvement Program (HSIP); and 2) authorizing the
establishment of an Engineering Grants Fund appropriation of $810,650 and corresponding revenue budget.
PREPARED BY: Jose Lopez, Assistant Engineer - Civil
PHONE: 619-336-4312
EXPLANATION:
See attached.
DEPARTMENT: Engineering/Public Works
APPROVED BY:
JANCIAL STATEMENT:
ACCOUNT NO.
HSIP Grant - $810,650
Revenue Account No. 296-06043-3498
Expenditure Account No. 296-409-500-598-6043
Citywide Traffic Signal and ADA Improvements
Project - HSIP Grant
APPROVED: 7/V Finance
APPROVED: MIS
Local Match - $91,184
Expenditure Account No. 001-409-500-598-6573
(Traffic Safety Enhancements)
Local match appropriated through FY 2018 CIP budget
ENVIRONMENTAL REVIEW:
Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(8), approved March 23,
2015, and revalidated January 12, 2017.
ORDINANCE: INTRODUCTION: FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution authorizing the Mayor to execute PSA No. F016 with Caltrans for the Citywide Traffic Signal and ADA
Improvements Project to allow for reimbursement of up to $810,650 in HSIP grant funds.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Program Supplement Agreement
3. Resolution
Reso/4"te,,. /vc. zo/P-
Explanation
On November 11, 2013, the California Department of Transportation (Caltrans) awarded
an $810,650 Highway Safety Improvement Program (HSIP) grant for the Citywide Traffic
Signal and ADA Improvements Project. Caltrans has allocated $810,650 for
construction. There is a local match requirement of $91,184, which is available in the
Traffic Safety Enhancements CIP expenditure account through FY 2018 CIP budget
appropriations.
This project includes installing pedestrian crosswalk striping, Americans with Disabilities
Act (ADA) enhancements and traffic signal equipment at the following 7 intersections:
• Palm Avenue & E. 4th Street
• Palm Avenue & Division Street
• "D" Avenue & E. 18th Street
• "D" Avenue & E. 24th Street
• Euclid Avenue & Division Street
• National City Blvd & 16th Street
• 2nd Ave & Sweetwater Road
City Council Resolution authorizing the Mayor to execute Program Supplement
Agreement No. F016 to Administering Agency -State Master Agreement No. 11-5066F15
is required to allow for reimbursement of eligible project expenditures through the
Federal HSIP grant.
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 18, 2017
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(029)
9 Intersections throughout National
City
Enclosed are two originals of the Program Supplement Agreement No. 016-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 OFFICIAL AUTHORIZED TO EXECUTE THE AGREEMENT ON THE AGENCY'S
BEHALF. 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,
Al'
1 JOHN HOOLE, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(11) DLAE - Bing Luu
-1-
DEPARTMENT OF TRANSPORTATION
DIVISION OF ACCOUNTING
LOCAL PROGRAM ACCOUNTING BRANCH
Attention: City of National City
FINANCE LETTER
Date:
D_CORT:
Project No:
Adv Project Id:
Period of Performance End Date:
Agreement End Date:
10/16/2017
11-S D-O-NATC
HSIPL-5066(029)
1115000103
08/21/2019
05/21/2021
FINANCE ITEMS
Contract Items:
Contingencies:
Total:
Construction
$751,528
$75,153
$826,681
Agency Construction
Engineers g
Totals:
Participation Ratio: 99.89%
Signature:
PRO RATA OR
LUMP SUM
Lump Sum
Lump Sum
TOTAL COST OF
WORK
FED. REIMB %
FEDERAL PART.
COST
$828,881.00 8825,881.00 89.99%
$75,153.00
$901,834.00
This Finance Letter was c ated
encumbrance history par
Title: HQ Sr. Area Engineer
Remarks: RFA for Con.
Cycle 6, HSIP ID #HSIP6-11-012. - cng 8/3/2017
$75,153.00
5900,834.00r
90.00%
0.00%
FEDERAL
ZS30
$743,013.'•
$57,637
810,650.00
LOCAL
$7,516.0
LOCAL (NIP)
$0.
90,184.0$1,000.0
EA No:
d on pecific financial information provided by the responsible local agency. The following
Assist nje Apunting Office and is provided here for local agency's information and action.
For questions regarding finance letter, contact:
Printed Name : Nahed Abdin
Telephone No: 916-653-7928
ADV. PROJECT ID APPROP. STATE PROG. FED/STATE
UNIT
ACCOUNTING INFORMATION
ENCUMBRANCE APPROP
AMOUNT YEAR
EXPENDITURE
AMOUNT
HSIPL-5066(029)
ENCUMBRANCE
BALANCE
REVERSION
DATE
Cooperative Work Agreement
APPROVED EXPIRATION
AMOUNT DATE
1115000103 17102E I 2030010550 — F J $810,650.00 I 1617
$0.00 i $810,650.00
06/30/22
Page 1 of 1
PROGRAM SUPPLEMENT NO. F016
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 11-5066F15
Adv Project ID Date:
1115000103 Location:
Project Number:
E.A. Number:
Locode:
September 25, 2017
11-SD-0-NATC
HSIPL-5066(029)
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:
9 Intersections throughout National City
TYPE OF WORK: Install pedestrian crossings and related improvements LENGTH: 0.0(MILES)
Estimated Cost
$901,834.00
Federal Funds
ZS30
$810,650.00
Matching Funds
LOCAL
$91,184.0
OTHER
$0.00
CITY OF NATIONAL CITY
By
Title
Date
Attest
Off MORRISON
MAYOR
February 6,.2018
Michael Dalla, City
I hereby certify upon my personal
Accounting Officer
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
ge that budgeted funds are available for this encumbrance:
/7
Date
$810.650.00
Chapter
Statutes
Item
Year
Program
BC
Category
Fund Source
AMOUNT
Program Supplement 11-5066F15-F016- ISTEA Page 1 of 6
-3-
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.
9/28/2017
PROJECT NUMBER.
1115000103
REQUISITION NUMBER / CONTRACT NUMBER:
RQS 111800000128
FROM
Department of Transportation
SUBJECT
Encumbrance Document
VENDOR/LOCAL AGENCY
CITY OF NATIONAL CITY
$ 810,650.00
PROCUREMENT TYPE
Local Assistance
CHAPTER
STATUTES
ITEM
YEAR
PEC / PECT
TASK / SUBTASK
AMOUNT
23
2016
2660-102-0890
2016/2017
2030010550
2620/0420
810,650 00
ADA Notit 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-SD-0-NATC
HSIPL-5066(029)
09/25/2017
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-F016- ISTEA
-5-
Page 2 of 6
11-SD-0-NATC
HSIPL-5066(029)
09/25/2017
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-F016- ISTEA
Page 3 of 6
11-SD-0-NATC
HSIPL-5066(029)
09/25/2017
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,
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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
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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)J 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.
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_ 9 _
RESOLUTION NO. 2018 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT
AGREEMENT (PSA) NO. F016 WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE CITYWIDE
TRAFFIC SIGNAL AND ADA IMPROVEMENTS PROJECT TO ALLOW FOR
REIMBURSEMENT OF UP TO $810,650 IN ELIGIBLE PROJECT EXPENDITURES
THROUGH THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP); AND
AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND
APPROPRIATION OF $810,650 AND CORRESPONDING REVENUE BUDGET
WHEREAS, on November 11, 2013, the California Department of Transportation
(Caltrans) awarded National City an $810,650 Highway Safety Improvement Program (HSIP)
grant for the Citywide Traffic Signal and ADA Improvements Project (the "Project"); and
WHEREAS, Caltrans has allocated $810,650 for construction with a local match
requirement of $91,184, which is available in the Traffic Safety Enhancements CIP expenditure
account through FY 2018 CIP budget appropriations; and
WHEREAS, this project includes installing pedestrian crosswalk striping,
Americans with Disabilities Act (ADA) enhancements, and traffic signal equipment at the
following 7 intersections:
• Palm Avenue and East 4" Street
• Palm Avenue and Division Street
• "D" Avenue and East 18" Street
• "D" Avenue and East 24th Street
• Euclid Avenue and Division Street
• National City Boulevard and 16'h Street
• 2nd Avenue and Sweetwater Road
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.
F016 to Administering Agency -State Master Agreement No. 11-5066F15 to allow for
reimbursement of eligible project expenditures through the Federal Highway Safety
Improvement Program grant.
BE IT FURTHER RESOLVED that the City Council authorizes the establishment
of an Engineering Grant Fund appropriation of $810,650 and a corresponding revenue budget.
[Signature Page to Follow]
Resolution No. 2018 —
Page Two
PASSED and ADOPTED this 6'h day of February, 2018.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney