HomeMy WebLinkAboutA8445 - CALIFORNIA DEPARTMENT OF TRANSPORTATIONPROGRAM SUPPLEMENT NO. F049
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL. -AID PROJECTS NO 08.5282F15
Adv Project ID Date: November 4, 2019
0820000046 Location: 08-RIV-0-PSP
Project Number. HSIPL-5282(049)
E.A. Number:
Locode: 5282
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 11/14/16 and is subject to all the terms and
conditions thereof. This Program Supplement Is executed In accordance with Article I of the aforementioned Master
Agreement under authority of Resolution No. '"3 approved by the Administering Agency on Dec 19.2019
(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: Nine (9( Signalized Intersections Throughout the City of Palms Springs
TYPE OF WORK: Install Advance Dilemma Zone Detection, Protected Left Turns and
Pedestrian Countdown Heads
ZS30 $303,500.00 ( LOCAL
CITY OF PALM SPRINGS
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STATE OF CALIFORNIA
Departmen f Transportatio
By r 1
7kChief, Office of Project Implementation
Division of Local Assistance
log V
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer Q v Date i ( 'L[ $303.500.00
APPROVED AS TO FORM
Program Supplement 08-5282F16-F049- iSTEA Page 1 of 6
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08-RIV-0-PSP
HSIPL-5282(049)
SPECIAL COVENANTS OR REMARKS
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future
phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE
for that phase(s) unless no further State or Federal funds are needed for those future
phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might
be made available by future Federal obligations will be encumbered on this PROJECT by
use of a STATE -approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will
be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the
District Local Assistance Engineer within 60 days of project contract award and prior to
the submittal of the ADMINISTERING AGENCY'S first invoice for the construction
contract.
Failure to do so will cause a delay in the State processing invoices for the construction
phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit Invoices at least once
every six months commencing after the funds are encumbered for each phase by the
execution of this Project Program Supplement Agreement, or by STATE's approval of an
applicable Finance Letter. STATE reserves the right to suspend future
authorizations/obligations for Federal aid projects, or encumbrances for State funded
projects, as well as to suspend invoice payments for any on -going or future project by
ADMINISTERING AGENCY if PROJECT costs have not been invoiced by
ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of
Expenditures" within 180 days of PROJECT completion will result to 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 08.5282F15-F049- ISTEA Page 2 of 6
08-RIV-0-PSP
HSIPL-5282(049)
SPECIAL COVENANTS OR REMARKS
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted
contracts. The Administering Agency's DBE Implementation Agreement is Incorporated
by reference in this Agreement. implementation of the DBE Implementation Agreement,
Including but not limited to timely reporting of DBE commitments and utilization, Is a legal
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to cant' out its
DBE Implementation Agreement, the State may Impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
G. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the Califomia 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 Of'tice 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 Departments 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 08-6282F1S-F049- ISTEA Page 3 of 6
0"IV-0•PSP
NSIPL-6282(049)
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 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 Plardindirect Cost Rate Proposals (ICAP/ICRP), Central
Service Cost Allocation Plans and related documentation are to be prepared and provided
to STATE (Caitrans 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. ICAPSHCRPs must be
prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of
the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures
established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and
subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its
contractors and subcontractors claimed for reimbursement or as local match credit shall
not exceed rates authorized to be paid rank and file STATE employees under current
State Department of Personnel Administration (DPA) rules. If the rates invoiced by
ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is
responsible for the cost difference, and any overpayments inadvertently paid by STATE
shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty
(30) days of such Invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards,
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures,
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be
Program Supplement 01-5282FI5-F049- ISTEA Page 4 of 6
08-RIV-0-PSP
NSIPL-5282(049)
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 OM92FI5 F049• ISTEA Page 5 of 6
084UV )-PSP
HSIPL-5282(049)
SPECIAL COVENANTS OR REMARKS
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 mate 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.
3. In the event that right of way acquisition for or construction of this project of the Initial
federal authorization for preliminary engineering is not started by the close of the tenth
fiscal year following the fiscal year In which the project is authorized, the
ADMINISTERING AGENCY shall repay the Federal Highway Administration through
Caltrans the sum of Federal funds paid under the terms of this agreement.
Program Supplement 08-5282FI5*049- ISTEA Page 6 of 6
RESOLUTION NO.24686
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. F049 TO
ADMINISTERING AGENCY -STATE AGREEMENT FOR
FEDERAL -AID PROJECTS NO. 08-5282F15 WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $303,500
FOR USE OF HIGHWAY SAFETY IMPROVEMENT
PROGRAM (HSIP) FUNDS FOR THE HIGHWAY SAFETY
IMPROVEMENT PROJECT (CYCLE 9), FEDERAL -AID
PROJECT NO. HSIPL-5282 (049), CITY PROJECT NO.
18-05.
WHEREAS, the Congress of the United States has enacted the Intermodal Surface
Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation
Authorization Bills to fund transportation programs; and
WHEREAS, the Legislature of the State of California has enacted legislation by
which certain federal -aid funds may be made available for use on local transportation
related projects of public entities qualified to act as recipients for these federal -aid funds
In accordance with the intent of federal law; and
WHEREAS, before federal -funds will be made available for a specific program
project, the City of Palm Springs and State of California are required to enter Into an
agreement to establish terms and conditions applicable to the City of Palm Springs when
receiving federal funds for a designated project facility and to the subsequent operation
and maintenance of that completed facility; and
WHEREAS, on October 5, 2016, the City Council of the City of Palm Springs
approved a new funding agreement, or "Master Agreement", entitled Administering
Agency — State Agreement for Federal -Aid Projects, State Agreement No. 08-5282F15
with the California Department of Transportation, the agreement previously approved by
the City Council on January 3, 2007; and
WHEREAS, the City of Palm Springs has submitted to the California Department
of Transportation a request for authorization to proceed with the Preliminary Engineering
(PE) phase of the Highway Safety Improvement Project (Cycle 9), Federal Aid Project
No. HSIPL-5282(049), City Project No.18-05, requiring obligation of $303,600 of Highway
Safety Improvement Program ("HSIP' federal -aid funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. F049 to the current Master Agreement, Administering
Agency — State Agreement No. 08-5282F15 with the State of California, obligating
$303,500 of federal -aid funds for the Highway Safety Improvement Project (Cycle 9),
Federal Aid Project No. HSIPL-5282 (049), City Project No.18-05.
Resolution No. 24686
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. F049 to Administering Agency
- State Agreement No. 08-5282F15, with the State of California, obligating $303,500 of
federal -aid funds for the Highway Safety Improvement Project (Cycle 9), Federal Aid
Project No. HSIPL-5282 (049), City Project No. 18-05, is hereby approved.
SECTION 2. The City Manager is hereby authorized to execute and administer
Program Supplement Agreement No. F049 as may be necessary.
ADOPTED THIS 19TH DAY OF DECEMBER, 2019.
X:EST:_Se��
IA-Aony J. jia, M C
City Clerk
CERTIFI
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) SS
CITY OF PALM SPRINGS)
David H. Ready, City Ma
CERTIFIED COPY
that this is a true and correct copy of thn document
in officiEd records of the City of Palm 5p i s.
Z
Chief Dept ty Cityt
This certification must appear in blue with an origindl
signature.
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24686 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 190, day of December 2019,
by the following vote:
AYES:
Councilmember Middleton, Woods, and Mayor Kors
NOES:
None
ABSENT:
Councilmember Garner and Mayor Pro Tem Holstege
ABSTAIN:
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this -T+-_ day of -,Ta-nu , 2102r0
JthaoAnvy).
City Clerk
DEPARTMENT OF TRANSPORTATION
To. City of Palm Springs
Fgency
FINANCE LETTER Dale: 01/28/2020 EA No:
D CO RT: 08-RIV-0-PSP
ProjectNo: HSIPL-5282(049)
Adv Project Id: 0820000046
Agreement End Date: 01/01/2022
Participation Ratio: 100.00% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following
encumbrance history
yiiss�)prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.
Sig -lure: •— For questions regarding finance letter. contact:
Title: HO Local Assistance Area Engineer Printed Name : Patnck Louie
Telephone No: (916) 653-7349
Remarks: ' Final design is not to start until the environmental document (NEPA) is Completed -
'Project is 100% reimbursable for Safety Countermeasures
Maximum available federal funds = S1,702,700
ADV. PROJECT 10 AP N[T STATE PROD, FEDISTATE
0921XI000A6 20102F 20�010550 f
ACCOUNTING INFORMATION NSIPL-6292t049)
ENCUMBRANCE APPROP EXPENDITURE ENCUMBRANCE REVERSION
AMOUNT YEAR AMOUNT BALANCE DATE
Page 1 of 1
Cooperative Work Agreement
APPROVED EXPIRATION
AMOUNT DATE
PROGRAM SUPPLEMENT NO. F049 Rev. 1
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO 08-5282F15
Adv. Project ID
0820000046
Date: December 09, 2021
Location: 08-RIV-0-PSP
Project Number: HSIPL-5282(049)
E.A. Number:
Locode: 5282
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 11/14/2016 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: Nine signalized intersections throughout the City of Palm Springs
TYPE OF WORK:
Estimated Cost
$303,500.00
Advanced dilemma zone detection, protected left-turn phasing,
and pedestrian countdown heads
LENGTH: 0.0(MILES)
Federal Funds Matching Funds
ZS30 $303,500.00 LOCAL OTHER
$0.00
CITY OF PALM SPRINGS STATE OF CALIFORNIA
Department of Transportation
By
Title
Date
Attest
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:
$0.00
Accounting Officer Date $303,500.00
Program Supplement 08-5282F15-F049-R1-
Approved As to Form
____________________
CITY ATTORNEY
Page 1 of 7
DocuSign Envelope ID: 0A0FB8A3-8BD4-4B81-BB2F-31543FA064A8
2/28/2022
Justin Clifton, City Manager
SPECIAL COVENANTS OR REMARKS
08-RIV-0-PSP
HSIPL-5282(049)
1.A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s)
of this project prior to receiving an "Authorization to Proceed" from the STATE for that
phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be
made available by future Federal obligations will be encumbered on this PROJECT by use of
a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING
AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts
obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days of project contract award and prior to the submittal
of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures
Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every
six months commencing after the funds are encumbered for each phase by the execution of
this Project Program Supplement Agreement, or by STATE's approval of an applicable
Finance Letter. STATE reserves the right to suspend future authorizations/obligations for
Federal aid projects, or encumbrances for State funded projects, as well as to suspend
invoice payments for any on-going or future project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month
period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to
submit for each phase a written explanation of the absence of PROJECT activity along with
target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 180 days of PROJECT completion will result in STATE imposing sanctions upon
ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures
Manual.
2Page of 7Program Supplement 08-5282F15-F049-R1-
DocuSign Envelope ID: 0A0FB8A3-8BD4-4B81-BB2F-31543FA064A8
SPECIAL COVENANTS OR REMARKS
08-RIV-0-PSP
HSIPL-5282(049)
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-assisted contract or
in the administration of its DBE Program Implementation Agreement. The Administering
Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure
nondiscrimination in the award and administration of Federal-assisted contracts. The
Administering Agency's DBE Implementation Agreement is incorporated by reference in this
Agreement. Implementation of the DBE Implementation Agreement, including but not limited
to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry
out its terms shall be treated as a violation of this Agreement. Upon notification to the
Administering Agency of its failure to carry out its DBE Implementation Agreement, the State
may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the limited
period is from the start of the fiscal year that the specific fund was appropriated within the
State Budget Act to the applicable fund Reversion Date shown on the State approved project
finance letter. Per Government Code Section 16304, all project funds not liquidated within
these periods will revert unless an executed Cooperative Work Agreement extending these
dates is requested by the ADMINISTERING AGENCY and approved by the California
Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local
Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the
lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the
Department of Finance; in order for payment to be made, the last date the District Local
Assistance Engineer can forward an invoice for payment to the Department's Local Programs
Accounting Office for reimbursable work for funds that are going to revert at the end of a
particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated
sums of project specific State and Federal funding remaining and available to fund project
work, any invoice for reimbursement involving applicable funds that is not received by the
Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed
fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by
the Department's Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering
Agency certifies that NO members of the elected board, council, or other key decision makers
are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.
3Page of 7Program Supplement 08-5282F15-F049-R1-
DocuSign Envelope ID: 0A0FB8A3-8BD4-4B81-BB2F-31543FA064A8
SPECIAL COVENANTS OR REMARKS
08-RIV-0-PSP
HSIPL-5282(049)
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 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 ADMINISTERING
AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation
with invoices if requested by State. Acceptable backup documentation includes, but is not
limited to, agency's progress payment to the contractors, copies of cancelled checks showing
amounts made payable to vendors and contractors, and/or a computerized summary of
PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service
Cost Allocation Plans and related documentation are to be prepared and provided to STATE
(Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY
seeking reimbursement of indirect costs incurred within each fiscal year being claimed for
State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the
requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural
Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence
(per diem) expenses of ADMINISTERING AGENCY forces and its contractors and
subcontractors claimed for reimbursement or as local match credit shall not exceed rates
authorized to be paid rank and file STATE employees under current State Department of
Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY
are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference,
and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by
ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
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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
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
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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.
3.In the event that right of way acquisition for or construction of this project of the initial federal
authorization for preliminary engineering is not started by the close of the tenth fiscal year
following the fiscal year in which the project is authorized, the ADMINISTERING AGENCY
shall repay the Federal Highway Administration through Caltrans the sum of Federal funds
paid under the terms of this agreement.
4.Appendix E of the Title VI Assurances (US DOT Order 1050.2A)
During the performance of this agreement, the ADMINISTERING AGENCY,
ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the
"contractor") agrees to comply with the following nondiscrimination statutes and authorities;
including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
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1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of Federal or Federal-aid programs and projects);
C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the
basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits
discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or
activities" to include all of the programs or activities of the Federal-aid recipients,
subrecipients and contractors, whether such programs or activities are Federally funded or
not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
K. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with Title
VI, you must take reasonable steps to ensure that LEP persons have meaningful access to
your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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