HomeMy WebLinkAboutItem No. 12 HSIP Advanced Dilemma Zone Detection Supp Agreement No. F011City of Lake Elsinore 130 South Main Street
__ Lake Elsinore, CA 92530
II www.lake - elsinore.org
VV °"` IKo - Text File
File Number: TMP 19 -752
Agenda Date: 5/12/2020 Version: 1 Status: Approval Final
In Control: City Council / Successor Aqency
Agenda Number: 12)
File Type: Council Consent
Calendar
City of Lake Elsinore Page 1 Printed on 51712020
CITY OF
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LADE LS MORE
L
DREAM EXTREME
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Grant Yates, City Manager
Prepared by: Nicole McCalmont, Sr. Engineering Technician
Date: May 12, 2020
Subject: HSIP Advanced Dilemma Zone Detection Supplement Agreement No. F011 for
Federal Aid Project HSIPL -5074 (020) to the Administering Agency -State Master
Agreement No. 08- 5074F15
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
authorizing execution of the Federal Aid Program Supplement Agreement No. F011 to
the Administering Agency -State Master Agreement No. 08- 507F15 and all subsequent
HSIPL- 5074(020) Advanced Dilemma Zone Detection project specific Program
Supplements; and,
2. Authorize the City Manager to sign HSIPL- 5074(019) Advanced Dilemma Zone
Detection Program Supplement No. F009 to the Administering Agency -State Master
Agreement No. 08- 507F15 and all subsequent HSIPL- 5074(019) Advanced Dilemma
Zone Detection project specific Program Supplement Agreements; and,
3. Authorize the City Clerk to return the signed agreement, in duplicate, to Caltrans Office
of Local Programs for execution.
Background
The Highway Safety Improvement Program (HSIP) is a federal -aid program to the States for the
purpose of reducing fatalities and serious injuries on public roads. Caltrans manages the share
of local agency HSIP funds. Funds are provided for local agency projects to construct or install
measures to reduce the number and severity of collisions. HSIP projects are identified based on
historical crash data, crash rates, and other data.
The City applied for HSIP Cycle 9 funding in 2018 and was awarded $240,000 for
environmental studies and engineering design of signalized intersection improvements at ten
(10) intersections in Lake Elsinore. As shown in Exhibit B, all funding is 100% reimbursable by
the City and no local funds are required. The City has now received authorization to proceed
with environmental and design work from Caltrans.
Page 1 of 2
Discussion
As the State agency responsible for the administration of the Federal Aid, Caltrans has
prepared and provided to the City for approval and execution Program Supplement No.
F011, which provides for payment of authorized project expenses from the Federal -Aid
funds. The work for environmental studies and engineering design will be done through a
competitive bidding process with qualified firms.
Fiscal Impact
Funding for this project has been allocated within the approved CIP Budget.
Exhibits
A — Resolution
B - Supplement Agreement
Page 2of2
RESOLUTION NO. 2020-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING AND
AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT
AGREEMENT NO. F011 TO ADMINISTERING AGENCY -STATE
AGREEMENT NO. 08- 5074F15 WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE
CITY PROJECT, HSIP ADVANCED DILEMMA ZONE
DETECTION PROJECT
WHEREAS, before Federal -Aid will be made available for the HSIP Advanced Dilemma Zone
Detection Project, the local public agency (Administering Agency) and State are required to enter into
an agreement relative to prosecution of said project and maintenance of the completed facility; and
WHEREAS, the City has received authorization for Federal -Aid in the sum of $240,000.00 for the
Preliminary Engineering Phase of the HSIP Advanced Dilemma Zone Detection Project; and
WHEREAS, Caltrans is the State of California agency responsible for administration of the Federal -
Aid funds; and
WHEREAS, Caltrans has provided to the City for approval and execution Program Supplement
Agreement No. F011 providing for disbursement of Federal -Aid funding for the HSIP Advanced
Dilemma Zone Detection Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby approves "Program Supplement Agreement No. F011" to the
Administering Agency -State Agreement No. 08- 5074F15.
SECTION 2. The City Council hereby authorizes the City Manager to sign the "Program
Supplement No. F011" and all subsequent project specific Program Supplements to said
Agreement.
SECTION 3. The City Council hereby authorizes the City Clerk to return the signed agreement, in
duplicate, to Caltrans Office of Local Programs for execution.
SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake
Elsinore, California, this 12th day of May 2020.
Brian Tisdale, Mayor
CITY COUNCIL RESOLUTION NO. 2020 -
PAGE 2
ATTEST:
Candice Alvarez
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, City Clerk of the City of Lake Elsinore, California, do hereby certify thal
Resolution No. 2020- was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of May 12, 2020, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez
City Clerk
PROGRAM SUPPLEMENT NO. F011
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 08-50741`15
Adv Project ID Date: March 23, 2020
0820000024 Location: 08 -RIV -0 -ESN
Project Number: HSIPL- 5074(020)
E.A. Number:
Locode: 5074
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 Stale on 01/09/17 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: Ten (10) signalized intersections throughout the City of Lake Elsinore
TYPE OF WORK: Advanced dilemma zone detection, protected left -tum lanes, and LENGTH: 0.0(MILES)
pedestrian countdown heads
Estimated Cost Federal Funds Matching Funds
ZS30 $240,000.00 LOCAL OTHER
$240,000.00
CITY OF LAKE ELSINORE
By
Title
Date
Attest
$0.00
$0.00
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal
f / \knowledge that budgeted funds are available for this encumbrance:
Accounting Accounting Officer y- c.,..v�.� Date / r Y21Le $240.000.00
Program Supplement 08-50741`15-F(11111- ISTEA Page 1 of 6
08 -RIV -0 -ESN
HSIPL- 5074(020)
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 08- 5074F15 -F011- ISTEA Page 2 of 6
08 -RIV -0 -ESN
HSIPL - 5074(020)
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 at
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 Stale 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- 5074F15.17011. ISTEA Page 3 of 6
08 -RIV -0 -ESN
HSIPL- 5074(020)
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 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, at seq., shall be
Program Supplement 08-50741`15-17011. ISTEA Page 4 of 6
08 -RIV -0 -ESN
HSIPL - 5074(020)
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 08- 5074F15 -F011- ISTEA Page 5 of 6
08 -RIV -0 -ESN
HSIPL- 5074(020)
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 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.
Program Supplement 08- 5074F15 -F011- ISTEA Page 6 of 6