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Home My Public Portal AboutC-20-083 - State of California; Department of Transportation Administering Agency-State Agreements, U38 and F024PROGRAM SUPPLEMENT NO. F024 to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJEClS NO 07-5403F15 AdYPruJedlD Data: May18,202D 072000D281 LocaUon: 07.t.A-O-CRSN Project Number. HSIP-5403(030) E.A. Number. Locode: 5403 ----- This Program SUpplemenl hef8by adopts and lnc:oiporales lhe Adm1nlltaring Ag1111Cf-State Agfaement ror Federal Aid which was enterad Into belMen lhe Administering Agency and lhe Slate on 09121117 and rs subfecl lo aD the terms and c:ondlUons lhereol'. lhfs Program Supplement ls axecu�fn accardance with Article I or lhe afaremenllonad� Agreement under authority d Resolution No. �0-/� approved by Out Admnlslering Agency on '7' '7 �0:l./)(See copy atlached). The Admlnlstedng Agency further sUpulatas lhal a a condition lo lhe paymen1 by the State or any funds derived from sources naiad below obligated lo lhJs PROJECT, lhe Admfnfstering Agency accepts and wB1 comply wilh the special covenants or remades set fotth on lhe following pages. PROJECT LOCATION: Avalon B1ve, MaJn SL and F'igueroa SL TYPE OF WORK: rntersectron Upgrades Estimaml Coal By lltle Date $220,600.00 Federal Funds ZS3D $198,540.00 Attest ......;;:��L--��..;..;.;...L»I C77�� LOCAL S22,080.Dl LENGTH: O.D(MILES) Matching Funds OTHER STATE Of CALIFORNIA Departinanto�rtaUon By � 00 so. for Chief. Office of Project fmplamentaUon Division of local AsslstanGe Data �17/2020 I hereby certify upon my persona! knowfedge lhal budgeled funds ate avallabfe ror this encumbrance. Accounting omcar Je��mine fe/o� $198,540.00 Program Supplement D7"5403F1S-F024-IS'TEA Paga1 of& 07-LA-O-CRSN HSIP-5403(030)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 billin g amount. ADMINI STERING 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 07-5403F15-F024-ISTEA Page 2 of6 07 -LA-0-CRSN HSIP-5403(030) 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, includ ing 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.5.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 07-5403F15-F024-1STEA Page 3 of6 07 ·LA·O-CRSN HSIP-5403(030} 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 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 ADMINISTERI NG 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 ve ndors 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/lCRPs 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 ICA P/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 Req uirement for Federa l Awards. H.ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedur es, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be Program Supplement D7·5403F15·F024-1STEA Page4 of6 07-LA-O-CRSN HSIP-5403(030}SPECIAL COVENANTS OR REMARKS 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 ADMINISTERING AGENCY's annual audit and in the schedule of projects to be Program Supplement 07-5403F15-F024-1STEA Page S of6 07-LA-O-CRSN HSIP-5403(030)SPECIAL COVENANTS OR REMARKS examined under its single audit prepared in accordance with 2 CFR, Part 200. 0.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 in tended 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 07-5403F15-F024-ISTEA Page 6 of& PROGRAM SUPPLEMENT NO. U38 ID ADMINIS'IERING AGEHCY.st'ATE AGREEMENT FOR STATE FUNDED PROJECTS NO 00562S Adv Project ID Data: Aprl 2. 2020 071700031D Location: 07-lA-O,CRSN Project Number: �3(029) EA. Number: Lac:od1: 5403 This Programs� effective 3123129hafaby adopts and incarpomles JnlD Iha .Admlnlslming Agency-State Pqeemenl No. 00582S rar Slala Funded ProJads which was entered inlo between the ADMINISTERING AGENCY and 1he STATE wHh an d'eclive data of 8/17/20 and Is swJtd lo aD Iha tanns and c:ondlflons lhereal This PROGRAMSUPPLEMENT Is exeatt.ed In accordanc:a wHh Article I of lhe aforwnanlioned Master� under aulharity or ResolutlDn No. ;2()-/ 0,3 approved by Die ADMINISTERING AGENCY on � r fe,2o (See copyatladled). '/-"' 'Die ADMINISTERING AGENCY fudher stipulalll& lhal as a condltfon to Iha payment by Ute SIBie of any runds derived fnlrn soun:n noled below encumbered lo lhis project, Adn*1islering Agl!nC)' accepls and wll comply with Iha Special Covenants and l1!fflalks sel forlh on lhe foHcwmg pages. PROJECT LOCATION: Withk'I the Cily ofCerson TYPE OF WORK: Sys1emic Safety Analysis conduc:ted ror spedllc holspols wHhln Iha aty. E&timatad Cost Slate Funds $80.000.DD STATc $72.000.0D I Approved IS City Attorney 6, -/ .,,ef;ue-':? ,, 2:--� LOCAL se.oao.oo Matching Funds OTHER SO.DO STATE OF CALIFORNIA Department of Transportation sy$t/-/kJ for ChJaf, Office af Project Jmplementallon Division of local Assistance Data 08/17/2020 I hareby c:ertlfy upon my pmsonal knowledge that budg&led funds ere available for this encumbrance: $72.000.00 Program Supplement oo.562S.tJ38-SERIAL Page1 of 3 07 -LA-0-CRSN LRSP-5403(029) SPECIAL COVENANTS OR REMARKS 1.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 STATE funds. 2.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 lo 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 Galifornia 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 reimbur sable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstan ding 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 Departm ent's Division of Accounting on the applicable fund Reversion Date. 3.(DO NOT USE -SUPERCEDED BY 2 CFR PART 225 in 2005 -USE COVENANT #1280) ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (0MB) Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Notwithstanding the foregoing, ADMINISTERING AGENCY shall not be required to comply with 49 CFR, Part 18.36 (i), subsections (3), (4), (5), (6), (8), (9), (12) and (13). 4.This PROJECT is funded with State-Only funding from the Local Roadway Safety Plan (LRSP) Program. ADMINISTERING AGENCY agrees to develop an LRSP under this PROJECT. The ADMINISTERING AGENCY agrees to follow all relevant State laws and requi rements including the California Environmental Quality Act (CEQA). This PSA allows reimbursement of eligible PROJECT expenditures to the ADMINISTERING AGENCY for which the LRSP State funds are allocated. The effective State allocation date establishes the eligibility date for the ADMINISTERING AGENCY to Program Supplement OD-562S-U38-SERIAL Page2of3 07-LA-O-CRSN LRSP-5403(029t SPECIAL COVENANTS OR REMARKS start reimbursable work. Any work performed prior the effective allocation date is not eligible for reimbursement from the LRSP funds. ADMINISTERING AGENCY agrees that LRSP funds available for reimbursement will be limited to the amount allocated and encumbered by the STATE consistent with the scope of work in the STATE approved application. Funds encumbered may not be used for a modified scope of work after a project is awarded unless approved by the Statewide LRSP Coordinator p rior to performing work. ADMINISTERING AGENCY agrees to the program delivery and reporting requirements. The study and the LRSP must be completed within thirty-six (36) months of the funding allocation. The Final Report of Expenditure, the final invoice and the LRSP report must be submitted to the DLAE within six (6) months of the report completion. Program Supplement 00-562S-U38· SERIAL Page 3 of3