The URL can be used to link to this page

Home My WebLink AboutCalifornia State Transportation Agency - 2017-09-13 (7)STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr., Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (916)654-3883 Fax (916) 654-2408 September 5, 2017 Mr. Travis Hopkins Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Mr. Jonathan Claudio Dear Mr. Hopkins: File: 12-ORA-0-HNTB BPMPL-5181(171) Magnolia Street over Huntington Beach Channel, Br. No. 55C-0388 Enclosed are two originals of the Program Supplement Agreement No. 046-N1 to Administering Agency -State Agreement No. 12-5181R and an approved Finance Letter for the subject project. Please retain the signed Finance Letter for your records. Please note that federal funding will be lost if you proceed with future phase(s) of the project prior to getting the "Authorization to Proceed" with that phase. Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project Implementation - MS1 within 90 days from the receipt of this letter. If the signed Agreements are not received back in this office within 90 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding. ATTACH YOUR LOCAL AGENCY'S CERTIFIED AUTHORIZING RESOLUTION THAT CLEARLY IDENTIFIES THE OFFICIAL AUTHORIZED TO EXECUTE THE AGREEMENT ON THE AGENCY'S BEHALF. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully executed. The State budget authority supporting the encumbered funds is only available for liquidation up to specific deadlines. These deadlines are shown on the attached Finance letter as the "Reversion Date". Please ensure that your invoices are submitted at least 60 days prior to the reversion date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date you may request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up to two years. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, J UGHN f Project Chief GPI'" Office of Project Implementation -South Division of Local Assistance Enclosure c: DLA AE Project Files (12) DLAE - Tifini Tran k { / It ( �| } � \ \� 3 / }��t� ■■■■ � . f|aaaCt o , -■■# ti ( § w $ ||■@|■ ■##a G § 2 §§§§ ! ■■|■ | .... §§)■§■ §|§§§ !#�§§ § �� `PROGRAM SUPPLEMENT NO. N045 Rev. 1 Adv Project ID Date: August 10, 2017 to 1200020286 Location: 12-ORA-0-HNTB ADMINISTERING AGENCY -STATE AGREEMENT Project Number: BPMPL-5181(172) FOR FEDERAL -AID PROJECTS NO 12-5181 R E.A. Number: Locode: 5181 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 12/06/06 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.,2O/D -Xq? approved by the Administering Agency on J-, 2010 (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: Brookhurst Street over Talbert Channel, Br. No. 55C-0096 TYPE OF WORK: Bridge preventive maintenance LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds zoo $1,188,719.00 LOCAL OTHER L1 CE $280,572.00 $1,659,655.00 $190,364.00 $0.00 CITY OF HUNTINGTON BEACH By Title ��iU- _CTc�fL c�= t�vL�(�c la"L.-; -wpm STATE OF CALIFORNIA By Tran�ion 9'� -- y Chief, Office of Project Implementation. Division of Local Assistance I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer A Date /0 LOl $1.469.291.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 12-5181R-N045-R1- ISTEA Page 1 of 6 STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION PRCGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) Page 1 of 1 TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER: Claims Audits 8/10/2017 11200020286 3301 "C" Street, Rm 404 REQUISITION NUMBER / CONTRACT NUMBER: Sacramento, CA 95816 BPMPL-5181(172) CT 125181045N - 18 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR/.LOCAL AGENCY: CITY OF HUNTINGTON BEACH $ 1,469,291.00 Local Assistance CHAPTER STATUTES ITEM YEAR PEC/PECT TASK/SUBTASK AMOUNT 23 2016 2660-102-0890 2016-2017 2030010300 2240/0600 $ 1,188, 719.00 25 2014 2660-102-0890 2014-2015 2030010300 2240/0600 $ 61,971.00 33 2011 2660-102-0890 2011-2012 2030010300 2240/0600 $ 18,077.00 712 2010 2660-102-0890 2010-2011 2030010300 2240/0600 $ 200,524.00 Total $ 1,469,291.00 ADA Notil For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 or write Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 95814. 12-ORA-0-H N T B 08/10/2017 BPMPL-5181(172) SPECIAL COVENANTS OR REMARKS 1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE -approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.. D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - Program Supplement 12-5181R-N045-R1- ISTEA Page 2 of 6 12-ORA-0-HNTB BPMPL-5181(172) 08/10/2017 SPECIAL COVENANTS OR REMARKS assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. H. As a condition for receiving federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Program Supplement 12-5181 R-N045-R1- ISTEA Page 3 of 6 12-ORA-0-HNTB BPMPL-5181(172) 08/10/2017 SPECIAL COVENANTS OR REMARKS Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT. B. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, Program Supplement 12-5181R-N045-R1- ISTEA Page 4 of 6 12-ORA-0-H NTB BPMPL-5181(172) 08/10/2017 SPECIAL COVENANTS OR REMARKS 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in Program Supplement 12-5181 R-N045-R1- ISTEA Page 5 of 6 12-ORA-0-H NTB 08/10/2017 BPMPL-5181(172) SPECIAL COVENANTS OR REMARKS ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)J on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement. Program Supplement 12-5181R-N045-R1- ISTEA Page 6 of 6 Headquarters Division of Local Assistance ,-adquarters [:;;vision of _Mal Assistance 'fmm local r s og, ams hccounUng SEP 2 6 2017 `fom Lxal Agencp STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr., Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (916) 654-3883 Fax (916) 654-2408 October 3, 2017 Mr. Travis Hopkins Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Mr. Todd Broussard Dear Mr. Hopkins: (4 File: 12-ORA-0-HNTB BPMPL-5181(172) Brookhurst Street over Talbert Channel, Br. No. 55C-0096 Enclosed is your fully executed copy of Program Supplement Agreement No. 045-N1 to Administering Agency -State Agreement No. 12-5181 R. Sincerely, rJOH N HOOLE, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (12) DLAE - Tifini Tran RESOLUTION NO. 2010-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE PROGRAM SUPPLEMENTS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION MASTER AGREEMENT FOR TRANSPORTATION PROJECTS WHEREAS, the City of Huntington Beach is eligible to receive federal and/or state funding for certain transportation projects through the California Department of Transportation; and California Department of Transportation requires the execution of Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements prior to.claiming designated funds; and The City wishes to delegate authorization to the Director of Public Works to execute these agreements and any amendments thereto, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve that the Director of Public Works is authorized to execute all Master Agreements, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements and any amendments thereto with the California Department of Transportation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5TH day of APRI L , 20 10 44 a REV D APPROVED: INITIATED AND APPROVED: Ci nistrator Director of Pu tic Works 43514 AP VED AS TO FORM: i Attorny,D C) -o .16 / ti / -3 Res. No. 2010-29 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on April 5, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None Ci Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk September 13, 2017 John Hoole, Chief Office of Project Implementation - South Department of Transportation, Division of Local Assistance — MS 1 P. O. Box 942874 Sacramento, CA 94274-0001 Dear John: Enclosed please find 2 originals each of Program Supplement Agreement Nos. N045 Rev. 1 and N046 Rev. 1. Attached to each Agreement is a certified copy of Resolution No. 2010-29 authorizing Travis Hopkins, Director of Public Works to execute these Agreements on behalf of the City. Upon complete execution, please return one original to us. Please mail the Agreement to: Robin Estanislau City Clerk 2000 Main Street, 2"d Floor Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosures Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand