HomeMy WebLinkAboutCALTRANS - Program Supplement No. F300 Paved path, lighting, benchesPROGRAM SUPPLEMENT NO. F300 Adv. Project ID
to 0621000064
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 06-5060F15
PWO0763
Date: September 22, 2022
Location: 06-FRE-0-FRE
Project Number: ATPL-5060(380)
E.A. Number:
Locode: 5060
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 05/13/2016 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.2016-51 approved by the Administering Agency on 4/21/2016
(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: Eastbound McKinley from Millbrook Avenue to Clovis Avenue along the north bank of the Mill
Ditch canal.
TYPE OF WORK: Paved path, lighting, bench es,fencing, irrigation, signing and LENGTH: 0.0(MILES)
striping
Estimated Cost Federal Funds Matching Funds
Y300 $1,556,000.00 1 LOCAL I I OTHER
$3,491,000.01 11 $1,935,000.
CITY OF FRESNO
By
Scott L
Title Public I
Date _ / V ,�" ZO 2Z ,
Attest —
STATE OF CALIFORNIA
Department of Transportation
By
I Chief, Office of Project Implementation
Division of Local Assistance
Date
09/29/2022
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer Date 9/23/22
$0.00
$1,556,000.00
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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
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SPECIAL COVENANTS OR REMARKS
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.).
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).
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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.
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
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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.
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.
P. This PROJECT has received funds from Active Transportation Program (ATP). The
ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC
Adopted SB1 Accountability and Transparency Guidelines.
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.
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D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service
Cost Allocation Plans and related documentation are to be prepared and provided to STATE
(Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY
seeking reimbursement of indirect costs incurred within each fiscal year being claimed for
State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the
requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural
Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence
(per diem) expenses of ADMINISTERING AGENCY forces and its contractors and
subcontractors claimed for reimbursement or as local match credit shall not exceed rates
authorized to be paid rank and file STATE employees under current State Department of
Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY
are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference,
and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by
ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 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.
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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 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.
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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. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope
of work presented in the application and approved by the California Transportation
Commission. Any changes to the approved PROJECT scope without the prior expressed
approval of the California Transportation Commission are ineligible for reimbursement and
may result in the entire PROJECT becoming ineligible for reimbursement.
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 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
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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).
Program Supplement 06-5060F15-F300- ISTEA Page 9 of 9
RESOLUTION NO. 2016-51
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, APPROVING MASTER
AGREEMENT FOR FEDERAL -AID LOCAL
TRANSPORTATION PROJECTS BETWEEN THE CITY OF
FRESNO AND THE STATE OF CALIFORNIA, ACTING
THROUGH ITS DEPARTMENT OF TRANSPORTATION
(CALTRANS) AND AUTHORIZING EXECUTION OF
DOCUMENTS
WHEREAS, the City Fresno ("City") is eligible to receive federal and or state
funding through Caltrans for certain local transportation projects; and
WHEREAS, before federal -aid funds may be provided to City projects Caltrans
requires (1) the City's governing body certify, by resolution, the City's approval of a
Master Agreement for federal -aid assisted projects including related program
supplemental agreements, fund exchange agreements, and or fund transfer
agreements (collectively "Master Agreement"), and (2) the City to execute the Master
Agreement with Caltrans; and
WHEREAS, the City wishes to approve the Master Agreement, attached hereto
as Exhibit 'A," and delegate authority to the Director of Public Works or designee(s)
thereof and each of them to execute the Master Agreement and any amendments
thereto with Caltrans, consistent with constitutional and local law requirements.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
SECTION 1. Approves the Master Agreement and participation thereunder for
local transportation related projects consistent with constitutional and local law
requirements and this resolution; and
SECTION 2. Appoints and authorizes the Director of the Department of Public
Works or designees thereof and each of them, as agent for the City of Fresno to
conduct all negotiations, execute and submit the Master Agreement and documents
required thereunder which may be necessary for federal -aid project participation and
completion, subject to prior approval as to form by the City Attorney's Office.
1 of 2
Date Adopted: 04/21/2016
Date Approved: 04/21/2016
Effective Date: 04/21/2016
Resolution No. 2016-51
of
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the 21st day of April , 2016.
AYES Brand, Olivier, Quintero, Soria, Caprioglio
NOES None
ABSENT Baines, Brandau
ABSTAIN None
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY:`�
Raj Sirbh Badhesha, Deputy
Exhibit A: Master Agreement
RSB:nd (70916nd/rsb)
2 of 2
YVONNE SPENCE, CMC
City Clerk
Deputy MOY,CO