HomeMy WebLinkAbout2018 CON Dept of Transportation Caltrans - Citywide Safe Routes to School Pedestrian Enhancements - PSA No. N010 Rev. 1NOTE TO FILE
02-17-2020
IN THE MATTER OF: The Agreement between the City of National City and
the California Department of Transportation (Caltrans) for Program
Supplement Agreement (PSA) No. NO10 Rev. 1 for the Safe Routes to School
(SRTS) Pedestrian Enhancements Project. Please note the following:
NO FULLY EXECUTED ORIGINAL AGREEMENT
WAS FILED WITH THE OFFICE OF THE CITY CLERK.
A PARTIALLY EXECUTED COPY 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. NO10 Rev. 1
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 11-5066R
Adv Project ID Date: July 16, 2018
1115000089 Location: 11-SD-O-NATC
Project Number: ATPL-5066(025)
E.A. Number:
Locode: 5066
This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid
which was entered into between the Administering Agency and the State on 05/02/07 and is subject to all the terms and
conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master
Agreement under authority of Resolution No. approved by the Administering Agency on
(See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from
sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special
covenants or remarks set forth on the following pages.
PROJECT LOCATION:
National City at various locations.
TYPE OF WORK: National City SRTS Ped Enhancements LENGTH: 0.0(MILES)
Estimated Cost
Federal Funds
M3E2
Z302
$350,000.00
$50,000.00
$300,000.00
Matching Funds
LOCAL
$0.0
OTHER
$0.00
CITY OF NATLOiVAL CITY
By
Title
Date
Attest
MAYOR
SEPTEMBER4, 2018
CHAEL I1ALLA, CITY CLERK
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of LocaJ Assistance
Date rr
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer y ,z Date /;1
$350.000.00
Chapter
Statutes
Item
Year Program
BC
Category
Fund Source AMOUNT
Program Supplement 11-5066R-N010-RI- ISTEA Page 1 of 7
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLEMENT 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
7/16/2018
PROJECT NUMBER.
1115000089
REQUISITION NUMBER / CONTRACT NUMBER.
CT - 2660 - 115066010N
FROM.
Department of Transportation
SUBJECT
Encumbrance Document
VENDOR / LOCAL AGENCY
CITY OF NATIONAL CITY
$350,000.00
PROCUREMENT TYPE.
Local Assistance
CHAPTER
STATUTES
ITEM
YEAR
PEC / PECT
TASK / SUBTASK
AMOUNT
20
2013
2660-108-0890
2013-2014
20.30.720.100
2620 / 0000
$50,000.00
25
2014
2660-108-0890
2014-2015
20.30.720.100
2620 / 0000
$300,000.00
TOTAL CONTRACT AMOUNT
$350,000.00
ADA Notice 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-O-NATC
ATPL-5066(025)
07/16/2018
SPECIAL COVENANTS OR REMARKS
A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future
phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE
for that phase(s) unless no further State or Federal funds are needed for those future
phase(s).
C. Award information shall be submitted by the ADMINISTERING AGENCY to the
District Local Assistance Engineer immediately after project contract award and prior to
the submittal of the ADMINISTERING AGENCY'S first invoice for the construction
contract.
Failure to do so will cause a delay in the State processing invoices for the construction
phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
D. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once
every six months commencing after the funds are encumbered for each phase by the
execution of this Project Program Supplement Agreement, or by STATE's approval of an
applicable Finance Letter. STATE reserves the right to suspend future
authorizations/obligations for Federal aid projects, or encumbrances for State funded
projects, as well as to suspend invoice payments for any on -going or future project by
ADMINISTERING AGENCY if PROJECT costs have not been invoiced by
ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of
Expenditures" within 180 days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual.
E. Administering Agency shall not discriminate on the basis of race, religion, age,
disability, color, national origin, or sex in the award and performance of any Federal -
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted
contracts. The Administering Agency's DBE Implementation Agreement is incorporated
by reference in this Agreement. Implementation of the DBE Implementation Agreement,
including but not limited to timely reporting of DBE commitments and utilization, is a legal
Program Supplement 11-5066R-N010-R1- ISTEA Page 2 of 7
1 ti-SD-O-NATC
ATPL-5066(025)
07/16/2018
SPECIAL COVENANTS OR REMARKS
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to carry out its
DBE Implementation Agreement, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
F. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District
Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made, the last date the
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving
applicable funds that is not received by the Department's Local Programs Accounting
Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
G. As a condition for receiving federal -aid highway funds for PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Exclusion List. Exclusions can be
found at www.sam.gov.
H. This PROJECT is programmed to receive Federal funding from the Active
Transportation Program (ATP). Funding may be provided under one or more
components. A component(s) specific fund allocation is required, in addition to other
requirements, before reimbursable work can occur for the component(s) identified. Each
allocation will be assigned an effective date and identify the amount of funds allocated per
component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible
PROJECT expenditures for the component(s) allocated. The start of reimbursable
expenditures is restricted to the later of either 1) the effective date of the component
specific allocation or the effective date of the federal obligation of funds.
Program Supplement 11-5066R-N010-R1- ISTEA Page 3 of 7
11-SD-0-NATC
ATPL-5066(025)
07/16/2018
SPECIAL COVENANTS OR REMARKS
I. 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 also agrees that Federal funds available for reimbursement
will be limited to the amounts obligated by the Federal Highway Administration and that
STATE funds available for reimbursement will be limited to the amounts allocated by the
California Transportation Commission and/or STATE.
J. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve
supplementary allocations, time extensions, and fund transfers between components.
Funds transferred between allocated project components retain their original timely use of
funds deadlines, but an approved time extension will revise the timely use of funds criteria
for the component(s) and allocation(s) requested. Approved supplementary allocations,
time extensions, and fund transfers between components made after the execution of this
PROGRAM SUPPLEMENT will be documented and considered subject to the terms and
conditions thereof. Documentation will consist of a Federal Highway Administration -
approved "Authorization to Proceed" notification, a STATE approved Allocation Letter,
Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
K. This PROJECT will be administered in accordance with the applicable CTC STIP
guidelines and the Active Transportation Program guidelines as adopted or amended, the
Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines
(LAPG), and this PROGRAM SUPPLEMENT.
L. The submittal of invoices for PROJECT costs shall be in accordance with the above -
referenced publications and the following. The ADMINISTERING AGENCY shall invoice
STATE for environmental & permits, plans specifications & estimate, and right-of-way
costs no later than 180 days after the end of last eligible fiscal year of expenditure. For
construction costs, the ADMINISTERING AGENCY has 180 days after project completion
or contract acceptance, whichever occurs first, to make the final payment to the
contractor and prepare the final Report of Expenditures and final invoice, and submit to
STATE for verification and payment.
M. All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature and the encumbrance of funds under this
Agreement. Funding and reimbursement are available only upon the passage of the
State Budget Act containing these Federal funds.
N. This PROJECT is subject to the timely use of funds provisions enacted by the ATP
Guidelines, as adopted or amended, and by approved CTC and State procedures as
outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate
(PS&E), and right-of-way components are available for expenditure until the end of the
second fiscal year following the year in which the funds were allocated.
Program Supplement 11-5066R-N010-R1- ISTEA Page 4 of 7
11-SD-0-NATC
ATPL-5066(025)
07/16/2018
SPECIAL COVENANTS OR REMARKS
Funds allocated for the construction component are subject to an award deadline and
contract completion deadline. ADMINISTERING AGENCY agrees to award the contract
within 6 months of the construction fund allocation and to complete and accept the
construction within 36 months of award.
O. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to
comply with all reporting requirements in accordance with the Active Transportation
Program Guidelines, as adopted or amended.
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
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
Program Supplement 11-5066R-N010-R1- ISTEA Page 5 of 7
11-S D-O-NATC
ATPL-5066(025)
07/16/2018
SPECIAL COVENANTS OR REMARKS
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,
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
Program Supplement 11-5066R-N010-R1- ISTEA Page 6 of 7
11-SD-0-NATC
ATPL-5066(025)
07/16/2018
SPECIAL COVENANTS OR REMARKS
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
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 11-5066R-N010-R1- ISTEA Page 7 of 7
Headquarters Division of
Local Assistance
JUL 172018
from local Programs Accounting
Accounting Officer
PROGRAM SUPPLEMENT NO. NO10 Rev. 1
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 11-5066R
Adv Project ID Date:
1115000089 Location:
Project Number:
E.A. Number:
Locode:
July 16, 2018
11-SD-0-NATC
ATPL-5066(025)
5066
This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid
which was entered into between the Administering Agency and the State on 05/02/07 and is subject to all the terms and
conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master
Agreement under authority of Resolution No. approved by the Administering Agency on
(See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from
sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special
covenants or remarks set forth on the following pages.
PROJECT LOCATION:
National City at various locations.
TYPE OF WORK: National City SRTS Ped Enhancements LENGTH: 0.0(MILES)
Estimated Cost
Federal Funds
M3E2
Z302
$350,000.00
$50,000.00
$300,000.00
Matching Funds
LOCAL
$0.0
OTHER
$0.00
CITY OF NATIOIIAL CITY
By
Title
Date
Attest
RON MORRISON
MAYOR
SEPTEMBER 4, 2018
ICHAEL DALLA, CITY CLERK
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Qssi}stance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Date -7/Vic?
$350.000.00
Chapter
Statutes
Item
Year
Program
BC
Category
Fund Source
AMOUNT
Program Supplement 11-5066R-N010-R1- ISTEA Page 1 of 7
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLEMENT 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
7/16/2018
PROJECT NUMBER
1115000089
REQUISITION NUMBER / CONTRACT NUMBER.
CT - 2660 - 115066010N
FROM
Department of Transportation
SUBJECT
Encumbrance Document
VENDOR ' LOCAL AGENCY
CITY OF NATIONAL CITY
$350,000.00
PROCUREMENT TYPE
Local Assistance
CHAPTER
STATUTES
ITEM
YEAR
PEC / PECT
TASK / SUBTASK
AMOUNT
20
2013
2660-108-0890
2013-2014
20.30.720.100
2620 / 0000
$50,000.00
25
2014
2660-108-0890
2014-2015
20.30.720.100
2620 / 0000
$300,000,00
TOTAL CONTRACT AMOUNT
$350,000.00
For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 or write
ADA Notice Records and Forms Management. 1120 N Street, MS-89. Sacramento, CA 95814.
11-SD-0-NATC
ATPL-5066(025)
07/16/2018
SPECIAL COVENANTS OR REMARKS
1 A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future
phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE
for that phase(s) unless no further State or Federal funds are needed for those future
phase(s).
C. Award information shall be submitted by the ADMINISTERING AGENCY to the
District Local Assistance Engineer immediately after project contract award and prior to
the submittal of the ADMINISTERING AGENCY'S first invoice for the construction
contract.
Failure to do so will cause a delay in the State processing invoices for the construction
phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
D. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once
every six months commencing after the funds are encumbered for each phase by the
execution of this Project Program Supplement Agreement, or by STATE's approval of an
applicable Finance Letter. STATE reserves the right to suspend future
authorizations/obligations for Federal aid projects, or encumbrances for State funded
projects, as well as to suspend invoice payments for any on -going or future project by
ADMINISTERING AGENCY if PROJECT costs have not been invoiced by
ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of
Expenditures" within 180 days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual.
E. Administering Agency shall not discriminate on the basis of race, religion, age,
disability, color, national origin, or sex in the award and performance of any Federal -
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted
contracts. The Administering Agency's DBE Implementation Agreement is incorporated
by reference in this Agreement. Implementation of the DBE Implementation Agreement,
including but not limited to timely reporting of DBE commitments and utilization, is a legal
Program Supplement 11-5066R-N010-R1- ISTEA Page 2 of 7
11-SD-O-NATC
ATPL-5066(025)
07/16/2018
SPECIAL COVENANTS OR REMARKS
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to carry out its
DBE Implementation Agreement, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
F. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District
Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made, the last date the
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving
applicable funds that is not received by the Department's Local Programs Accounting
Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
G. As a condition for receiving federal -aid highway funds for PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Exclusion List. Exclusions can be
found at www.sam.gov.
H. This PROJECT is programmed to receive Federal funding from the Active
Transportation Program (ATP). Funding may be provided - under one or more
components. A component(s) specific fund allocation is required, in addition to other
requirements, before reimbursable work can occur for the component(s) identified. Each
allocation will be assigned an effective date and identify the amount of funds allocated per
component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible
PROJECT expenditures for the component(s) allocated. The start of reimbursable
expenditures is restricted to the later of either 1) the effective date of the component
specific allocation or the effective date of the federal obligation of funds.
Program Supplement 11-5066R-N010-R1- ISTEA Page 3 of 7
1 'i-SD-O-NATC
ATPL-5066(025)
07/16/2018
SPECIAL COVENANTS OR REMARKS
I. 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 also agrees that Federal funds available for reimbursement
will be limited to the amounts obligated by the Federal Highway Administration and that
STATE funds available for reimbursement will be limited to the amounts allocated by the
California Transportation Commission and/or STATE.
J. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve
supplementary allocations, time extensions, and fund transfers between components.
Funds transferred between allocated project components retain their original timely use of
funds deadlines, but an approved time extension will revise the timely use of funds criteria
for the component(s) and allocation(s) requested. Approved supplementary allocations,
time extensions, and fund transfers between components made after the execution of this
PROGRAM SUPPLEMENT will be documented and considered subject to the terms and
conditions thereof. Documentation will consist of a Federal Highway Administration -
approved "Authorization to Proceed" notification, a STATE approved Allocation Letter,
Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
K. This PROJECT will be administered in accordance with the applicable CTC STIP
guidelines and the Active Transportation Program guidelines as adopted or amended, the
Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines
(LAPG), and this PROGRAM SUPPLEMENT.
L. The submittal of invoices for PROJECT costs shall be in accordance with the above -
referenced publications and the following. The ADMINISTERING AGENCY shall invoice
STATE for environmental & permits, plans specifications & estimate, and right-of-way
costs no later than 180 days after the end of last eligible fiscal year of expenditure. For
construction costs, the ADMINISTERING AGENCY has 180 days after project completion
or contract acceptance, whichever occurs first, to make the final payment to the
contractor and prepare the final Report of Expenditures and final invoice, and submit to
STATE for verification and payment.
M. All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature and the encumbrance of funds under this
Agreement. Funding and reimbursement are available only upon the passage of the
State Budget Act containing these Federal funds.
N. This PROJECT is subject to the timely use of funds provisions enacted by the ATP
Guidelines, as adopted or amended, and by approved CTC and State procedures as
outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate
(PS&E), and right-of-way components are available for expenditure until the end of the
second fiscal year following the year in which the funds were allocated.
Program Supplement 11-5066R-N010-R1- ISTEA Page 4 of 7
1 1-SD-0-NATC
ATPL-5066(025)
07/16/2018
SPECIAL COVENANTS OR REMARKS
Funds allocated for the construction component are subject to an award deadline and
contract completion deadline. ADMINISTERING AGENCY agrees to award the contract
within 6 months of the construction fund allocation and to complete and accept the
construction within 36 months of award.
O. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to
comply with all reporting requirements in accordance with the Active Transportation
Program Guidelines, as adopted or amended.
1. 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
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
Program Supplement 11-5066R-N010-R1- ISTEA Page 5 of 7
1 1-S D-O-NATC
ATPL-5066(025)
07/16/2018
SPECIAL COVENANTS OR REMARKS
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,
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
Program Supplement 11-5066R-N010-R1- ISTEA Page 6 of 7
1 I-SD-O-NATC
ATPL-5066(025)
07/16/2018
SPECIAL COVENANTS OR REMARKS
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
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 11-5066R-N010-R1- ISTEA Page 7 of 7
Headquarters Division of
Local Assistance
JUL 172018
from local Programs Accounting
RESOLUTION NO. 2018 — 157
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT
AGREEMENT NO. NO10 REV. 1 WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR
THE REIMBURSEMENT OF UP TO $350,000 IN ELIGIBLE PROJECT
EXPENDITURES FOR THE CITYWIDE SAFE ROUTES TO SCHOOL
PEDESTRIAN ENHANCEMENTS PROJECT THROUGH
THE FEDERAL ACTIVE TRANSPORTATION PROGRAM
WHEREAS, on September 27, 2014, the California Department of Transportation
(Caltrans) awarded a $350,000 Federal Active Transportation Program (ATP) grant for the
Citywide Safe Routes to School Pedestrian Enhancements Project (the "Project").
WHEREAS, on October 6, 2015, City Council adopted Resolution No. 2015-148
authorizing the Mayor to execute Program Supplement Agreement Number NO10 with Caltrans
to allow for reimbursement of up to $50,000 in eligible project expenditures, and appropriating
$50,000 for the Project, with the remaining $300,000 eligible for reimbursement once the State
authorized the City to proceed; and
WHEREAS, the State has allocated the remaining $300,000 for the Project
($225,000 for the Plans, Specifications, and Estimate (PS&E) phase, and $75,000 for the Right -
of -Way (R/W) phase), and on June 15, 2018, Caltrans issued an Authorization to Proceed to the
City for the PS&E and R/W phases; and
WHEREAS, City Council adopted Resolution No. 2018-125 on July 17, 2018,
authorizing the acceptance of Federal ATP grant funds in the amount of $300,000, and the
establishment of a Safe Routes to School ("SRTS") Fund Appropriation in the amount of
$300,000 and a corresponding revenue budget for the National City SRTS Pedestrian
Enhancements Project; and
WHEREAS, a City Council resolution authorizing the Mayor to execute Program
Supplement Agreement No. NO10 Rev. 1 to Administering Agency -State Master Agreement No.
11-5066R is required for reimbursement of eligible project expenditures through the Federal
ATP grant.
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.
NO10 Rev. 1 with the State of California Department of Transportation (Caltrans) for the
reimbursement of up to $350,000 in eligible project expenditures for the Citywide Safe Routes to
School Pedestrian Enhancements Project through the Federal Active Transportation Program.
Said Agreement is on file in the office of the City Clerk.
[Signature Page to Follow]
Resolution No. 2018 — 157
Page Two
PASSED and ADOPTED this 4th day of Septemb , 2018.
n Morrison Ma
ATTEST:
4, /.4
Michael R. Dalla, Ci°i Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
Ma
yor
yr
Passed and adopted by the Council of the City of National City, California, on
September 4, 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
h
City Clerk of the City of ional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2018-157 of the City of National City, California, passed and
adopted by the Council of said City on September 4, 2018.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 4, 2018
AGENDA ITEM NO. 12
_ _ EM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute Program Supplement
Agreement (PSA) No. NO10 Rev. 1 with the State of California Department of Transportation (Caltrans) for the
Citywide Safe Routes to School (SRTS) Pedestrian Enhancements Project to allow for reimbursement of up to
$350,000 in eligible project expenditures through the Federal Active Transportation Program (ATP).
PREPARED BY: Jose Lope .E., Assistant Engineer - Civil DEPARTMENT: Enginubli . Works
PHONE: 619-336-4312 APPROVED BY:
EXPLANATION:
See attached.
VANCIAL STATEMENT:
ACCOUNT NO.
ATP Grant - $350,000
Revenue Account No. 323-00000-3498
Expenditure Account No. 323-409-500-598-6166
(Citywide Safe Routes to School Project)
There is no local match requirement.
APPROVED:
APPROVED:
Finance
MIS
ENVIRONMENTAL REVIEW:
Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(3), approved April 29,
2016, and revalidated May 29, 2018.
ORDINANCE: INTRODUCTION: FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution authorizing the Mayor to execute PSA No. NO10 Rev. 1 with Caltrans for the Citywide SRTS Pedestrian
Enhancements Project to allow for reimbursement of up to $350,000 in ATP grant funds.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Program Supplement Agreement
3. Resolution
71so kAir 71,0 - 't (5-7
Explanation
On September 27, 2014, the California Department of Transportation (Caltrans) awarded
a $350,000 Federal Active Transportation Program (ATP) grant for the National City
SRTS Ped Enhancements Project (Project).
On October 6, 2015, City Council adopted Resolution No. 2015-148 authorizing 1) the
Mayor to execute Program Supplement Agreement Number NO10 with Caltrans to allow
for reimbursement of up to $50,000 in eligible project expenditures, and 2) the
appropriation of $50,000 for the project. The remaining $300,000 would be eligible for
reimbursement once the State authorized the City to proceed.
The State has allocated the remaining $300,000 ($225,000 for the Plans, Specifications,
and Estimate (PS&E) phase, and $75,000 for the Right -of -Way (R/W) phase) for the
Project. On June 15, 2018, Caltrans issued an Authorization to Proceed to the City for
the PS&E and R/W phase, establishing the date for eligible reimbursement. There is no
local match requirement.
On July 17, 2018, City Council adopted Resolution No. 2018-125 authorizing 1) the
acceptance of Federal ATP grant funds in the amount of $300,000, and 2) the
establishment of a SRTS Fund Appropriation in the amount of $300,000 and a
corresponding revenue budget for the National City SRTS Pedestrian Enhancements
Project.
The potential improvements will be based on barriers identified during a series of
comprehensive Walk Audits as part of the City's SMART Foundation Plan. Pedestrian
barriers identified during the walk audit include: lifted sidewalks, utility poles within
sidewalks/pedestrian curb ramps, substandard pedestrian curb ramps, and a lack of
crosswalks, pedestrian ramps, signage and signals. The project will address these
barriers by providing the following enhancements: high visibility crosswalks, ADA
accessible ramps with truncated domes, pedestrian crosswalk signs and sidewalk
enhancements at key locations.
City Council Resolution authorizing the Mayor to execute Program Supplement
Agreement No. NO10 Rev. 1 to Administering Agency -State Master Agreement No. 11-
5066R is required to allow for reimbursement of eligible project expenditures through the
Federal ATP 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
July 20, 2018
Mr. Kuna Muthusamy
Assistant Director of Engineering/Public Works
City of National City
1243 National City Boulevard
National City, CA 91950
Dear Mr. Muthusamy:
File : 11-SD-0-NATC
ATPL-5066(025)
National City at various locations.
Enclosed are two originals of the Program Supplement Agreement No. 010-N1 to Administering Agency -State
Agreement No. 11-5066R 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,4 2
4/ 4/1/\
JOHN HOOLE, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(11) DLAE - Bing Luu
T,;_;',!1 l ' ;_,';; 4d I: "i Ci;
tity�! i -117IN li}} i"II'�� J! it11.:
j d JI� I'itd > f NB
-1-
DEPARTMENT OF TRANSPORTATION
DIVISION OF ACCOUNTING
LOCAL PROGRAM ACCOUNTING BRANCH
Attention: City of National City
FINANCE LETTER
Date: 07/17/2018
D_CO_RT: 11-SD-0-NATC
Project No: ATPL-5066(025)
Adv Project Id: 1115000089
Agreement End Date: 02/01/2020
FINANCE ITEMS
gency Preliminary Engineering
- PA/ED
Plans, Specifications &
Estimates
wee
R/W Engineering &
Administration Costs
Totals:
Participation Ratio: 100.00%
PRO RATA OR
LUMP SUM
Lump Sum
Lump Sum
Lump Sum
TOTAL COST OF
WORK
$50,000.
$225,000.00
$75,000.0 I
$350,000.00
FEDERAL PART.
COST
$50,000.
$225,000.0i
$75,000.0 I
$350,000.00
FED. REIMB %
100.00%
100.00%
100.00%
0.00%
FEDERAL
M3E2
$50,000.
$0.0 .
$0.0 ,
$50,000.0
FEDERAL
Z302
$0.
$75,000.
$300,000.0
$0.0 1
$0.0 1
$0.0
Signature:
EA No:
This Finance Letter was created.¢ased on specific financial information provided by the responsible local agency. The following
ed'by Lgcal Assistance Accounting Office and is provided here for local agency's information and action.
encumbrance history i
Title: HQ Sr Area Engineer
Remarks: RFA for PS&E ($225,000) and for RNV ($75,000)
TC is used in lieu of local match. NAA
1.
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 EXPENDITURE
AMOUNT YEAR AMOUNT
ATPL-5066(025)
ENCUMBRANCE REVERSION
BALANCE DATE
Cooperative Work Agreement
APPROVED
AMOUNT
EXPIRATION
DATE
1115000089
1115000089
14108F
15108F
2030720100
2030720100
F
F
$50,000.00
$300,000.00
1314
1415
$44,485.00
$0.00
$5,515.00
$300,000.00
06/30/19
06/30/20
Page 1 of 1
PROGRAM SUPPLEMENT NO. NO10 Rev. 1
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 11-5066R
Adv Project ID Date:
1115000089 Location:
Project Number:
E.A. Number:
Locode:
July 16, 2018
11-SD-0-NATC
ATPL-5066(025)
5066
This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid
which was entered into between the Administering Agency and the State on 05/02/07 and is subject to all the terms and
conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master
Agreement under authority of Resolution No. approved by the Administering Agency on
(See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from
sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special
covenants or remarks set forth on the following pages.
PROJECT LOCATION:
National City at various locations.
TYPE OF WORK: National City SRTS Ped Enhancements LENGTH: 0.0(MILES)
Estimated Cost
Federal Funds
M3E2
Z302
$350,000.00
$50,000.00
$300,000.00
Matching Funds
LOCAL
OTHER
$0.00
CITY OF NATIONAL CITY
By
Title
Date
Attest
MICHAEL DALLA, CITY CLERK
RON MORRISON
MAYOR
SEPTEMBER 4, 2018
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
Chapter
Statutes
1/41
Item
Date
$350.000.00
Year
Program
BC
Category
Fund Source
AMOUNT
Program Supplement 11-5066R-N010-R1- ISTEA Page 1 of 7
-3-
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLEMENT 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:
7/16/2018
PROJECT NUMBER
1115000089
REQUISITION NUMBER / CONTRACT NUMBER.
CT - 2660- 115066010N
FROM:
Department of Transportation
SUBJECT
Encumbrance Document
VENDOR / LOCAL AGENCY:
CITY OF NATIONAL CITY
$350,000.00
PROCUREMENT TYPE
Local Assistance
CHAPTER
STATUTES
ITEM
YEAR
PEC / PECT
TASK / SUBTASK
AMOUNT
20
2013
2660-108-0890
2013-2014
20.30.720.100
2620 / 0000
$50,000.00
25
2014
2660-108-0890
2014-2015
20.30.720.100
2620 / 0000
$300,000.00
TOTAL CONTRACT AMOUNT
$350,000.00
ADA Notice 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-
1 i-SD-O-NATC
ATPL-5066(025)
07/16/2018
SPECIAL COVENANTS OR REMARKS
1
A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future
phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE
for that phase(s) unless no further State or Federal funds are needed for those future
phase(s).
C. Award information shall be submitted by the ADMINISTERING AGENCY to the
District Local Assistance Engineer immediately after project contract award and prior to
the submittal of the ADMINISTERING AGENCY'S first invoice for the construction
contract.
Failure to do so will cause a delay in the State processing invoices for the construction
phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
D. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once
every six months commencing after the funds are encumbered for each phase by the
execution of this Project Program Supplement Agreement, or by STATE's approval of an
applicable Finance Letter. STATE reserves the right to suspend future
authorizations/obligations for Federal aid projects, or encumbrances for State funded
projects, as well as to suspend invoice payments for any on -going or future project by
ADMINISTERING AGENCY if PROJECT costs have not been invoiced by
ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of
Expenditures" within 180 days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual.
E. Administering Agency shall not discriminate on the basis of race, religion, age,
disability, color, national origin, or sex in the award and performance of any Federal -
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted
contracts, The Administering Agency's DBE Implementation Agreement is incorporated
by reference in this Agreement. Implementation of the DBE Implementation Agreement,
including but not limited to timely reporting of DBE commitments and utilization, is a legal
Program Supplement 11-5066R-N010-R1- ISTEA Page 2 of 7
-5-
11-SD-O-NATC
ATPL-5066(025)
07/16/2018
SPECIAL COVENANTS OR REMARKS
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to carry out its
DBE Implementation Agreement, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
F. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District
Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made, the last date the
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving
applicable funds that is not received by the Department's Local Programs Accounting
Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
G. As a condition for receiving federal -aid highway funds for PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Exclusion List. Exclusions can be
found at www.sam.gov.
H. This PROJECT is programmed to receive Federal funding from the Active
Transportation Program (ATP). Funding may be provided under one or more
components. A component(s) specific fund allocation is required, in addition to other
requirements, before reimbursable work can occur for the component(s) identified. Each
allocation will be assigned an effective date and identify the amount of funds allocated per
component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible
PROJECT expenditures for the component(s) allocated. The start of reimbursable
expenditures is restricted to the later of either 1) the effective date of the component
specific allocation or the effective date of the federal obligation of funds.
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I. 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 also agrees that Federal funds available for reimbursement
will be limited to the amounts obligated by the Federal Highway Administration and that
STATE funds available for reimbursement will be limited to the amounts allocated by the
California Transportation Commission and/or STATE.
J. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve
supplementary allocations, time extensions, and fund transfers between components.
Funds transferred between allocated project components retain their original timely use of
funds deadlines, but an approved time extension will revise the timely use of funds criteria
for the component(s) and allocation(s) requested. Approved supplementary allocations,
time extensions, and fund transfers between components made after the execution of this
PROGRAM SUPPLEMENT will be documented and considered subject to the terms and
conditions thereof. Documentation will consist of a Federal Highway Administration -
approved "Authorization to Proceed" notification, a STATE approved Allocation Letter,
Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
K. This PROJECT will be administered in accordance with the applicable CTC STIP
guidelines and the Active Transportation Program guidelines as adopted or amended, the
Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines
(LAPG), and this PROGRAM SUPPLEMENT.
L. The submittal of invoices for PROJECT costs shall be in accordance with the above -
referenced publications and the following. The ADMINISTERING AGENCY shall invoice
STATE for environmental & permits, plans specifications & estimate, and right-of-way
costs no later than 180 days after the end of last eligible fiscal year of expenditure. For
construction costs, the ADMINISTERING AGENCY has 180 days after project completion
or contract acceptance, whichever occurs first, to make the final payment to the
contractor and prepare the final Report of Expenditures and final invoice, and submit to
STATE for verification and payment.
M. All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature and the encumbrance of funds under this
Agreement. Funding and reimbursement are available only upon the passage of the
State Budget Act containing these Federal funds.
N. This PROJECT is subject to the timely use of funds provisions enacted by the ATP
Guidelines, as adopted or amended, and by approved CTC and State procedures as
outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate
(PS&E), and right-of-way components are available for expenditure until the end of the
second fiscal year following the year in which the funds were allocated.
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Funds allocated for the construction component are subject to an award deadline and
contract completion deadline. ADMINISTERING AGENCY agrees to award the contract
within 6 months of the construction fund allocation and to complete and accept the
construction within 36 months of award.
O. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to
comply with all reporting requirements in accordance with the Active Transportation
Program Guidelines, as adopted or amended.
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
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
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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,
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
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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
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.
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RESOLUTION NO. 2018 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT
AGREEMENT NO. N010 REV. 1 WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR
THE REIMBURSEMENT OF UP TO $350,000 IN ELIGIBLE PROJECT
EXPENDITURES FOR THE CITYWIDE SAFE ROUTES TO SCHOOL
PEDESTRIAN ENHANCEMENTS PROJECT THROUGH
THE FEDERAL ACTIVE TRANSPORTATION PROGRAM
WHEREAS, on September 27, 2014, the California Department of Transportation
(Caltrans) awarded a $350,000 Federal Active Transportation Program (ATP) grant for the
Citywide Safe Routes to School Pedestrian Enhancements Project (the "Project").
WHEREAS, on October 6, 2015, City Council adopted Resolution No. 2015-148
authorizing the Mayor to execute Program Supplement Agreement Number N010 with Caltrans
to allow for reimbursement of up to $50,000 in eligible project expenditures, and appropriating
$50,000 for the Project, with the remaining $300,000 eligible for reimbursement once the State
authorized the City to proceed; and
WHEREAS, the State has allocated the remaining $300,000 for the Project
($225,000 for the Plans, Specifications, and Estimate (PS&E) phase, and $75,000 for the Right -
of -Way (R/W) phase), and on June 15, 2018, Caltrans issued an Authorization to Proceed to the
City for the PS&E and R/W phases; and
WHEREAS, City Council adopted Resolution No. 2018-125 on July 17, 2018,
authorizing the acceptance of Federal ATP grant funds in the amount of $300,000, and the
establishment of a Safe Routes to School ("SRTS") Fund Appropriation in the amount of
$300,000 and a corresponding revenue budget for the National City SRTS Pedestrian
Enhancements Project; and
WHEREAS, a City Council resolution authorizing the Mayor to execute Program
Supplement Agreement No. N010 Rev. 1 to Administering Agency -State Master Agreement No.
11-5066R is required for reimbursement of eligible project expenditures through the Federal
ATP grant.
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.
N010 Rev. 1 with the State of California Department of Transportation (Caltrans) for the
reimbursement of up to $350,000 in eligible project expenditures for the Citywide Safe Routes to
School Pedestrian Enhancements Project through the Federal Active Transportation Program.
Said Agreement is on file in the office of the City Clerk.
[Signature Page to Follow]
Resolution No. 2018 —
Page Two
PASSED and ADOPTED this 4th day of September, 2018.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney