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HomeMy WebLinkAboutStaff Report 3.C 11/18/2019DATE: TO: FROM: SUBJECT: Agenda Item #3.0 November 18, 2019 Honorable Mayor and Members of the City Council through City Manager ` Jason Beatty, P.E. — Assistant Director, Public Works and Utilities Jeff Stutsman, P.E. — Senior Civil Engineer Resolution Authorizing the City Manager to Enter into Program Supplement Agreements 5022(062) 5022(063) for Guardrail and Pedestrian Safety Improvements Project RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Authorizing the City Manager to Enter into a Program Supplement Agreement 5022(062) and 5022(063) for Guardrail and Pedestrian Safety Improvements Project. BACKGROUND In April 2018, Caltrans released the call for projects for the local Highway Safety Improvement Program (HSIP) for cycle 9, which is an annual grant administered by Caltrans for safety projects. The call for project was for approximately $140 million with 75% of the HSIP funds used for Benefit Cost Ratio (BCR) applications and 25% of the HSIP funds for set-aside improvements. BCR applications utilize safety countermeasures and crash type history from UC Berkeley SafeTREC Transportation Injury Mapping System to calculate the BCR. A BCR number is calculated based on the benefit received from the countermeasure and the crash type divided by the overall project cost. To be eligible a minimum of a BCR of 3.5 is required but the higher the value, the better the application ranks. Set-aside improvements include existing guardrail upgrades, high friction surface treatments, horizontal signing, pedestrian crossing upgrades and tribes. "Set-aside improvement" applications are for certain safety countermeasures or improvements when common roadway safety concerns are identified and do not require BCR calculations. Crosswalk upgrades are an example of a set-aside improvements. On August 31, 2018, staff submitted one BCR application and a set-aside improvements application to the local HSIP for cycle 9. On December 17, 2018, the City was awarded both project applications. The proposed action supports City Council Goals workplan #79: `Improve traffic safety through proactive education, engineering, and enforcement strategies.' DISCUSSION Application 1:5022(062), for the improvements, included the installation of rectangular Rapid Flashing Beacons at various locations. The City's 94 uncontrolled crosswalk were prioritized based on various factors such as number of lanes, road classification, within a school zone, accident history, average daily traffic posted speed, sight distance, center median and future projects or developments. Based on the prioritization, the highest ranked locations based on the factors above, were included with this grant. 29 locations were included in the application, however it is anticipated that approximately 15 locations will be upgraded with RRFB's with the grant amount. The additional locations are included to allow for more flexibility within the grant scope, community needs, and environmental requirements: 1. E. Washington Street at Vallejo Street 2. E. Washington Street at Wilson Street 3. Ely Blvd. at Weaverly Drive 4. Caulfield Lane at Victoria Drive 5. Lakeville Street at East Court 6. Lakeville Street at Lindberg Ln 7. Washington Street at Keokuk Street 8. North McDowell Blvd at Weaverly Drive 9. Western Avenue at N. Fair Street 10. Western Avenue at Fair Street 11. Howard St at A Street 12. Albin Way at St Louis Court 13. Albin Way at Marguerite Way 14. Colombard Rd at Claret Court 15. E. Washington Street at Bayliss Street 16. 202 Fair Street 17. Fair St at Bassett Street 18. I Street at Independence Way 19. Madison St at San Carlos Drive 20. 1985 Matzen Ranch Circle 21. Monroe St at Tahola Lane 22. Rainier Cir at Tulare Street 23. Washington Street at Liberty Street 24. D Street at 2nd Street 25. Fair St at Douglas Street 26. Howard St at Bodega Avenue 27. D Street at 4th Street I 28. Riesling Rd at Stratford Place 29. 4th Street at Kentucky Street Application 2:5022(063) for the BCR included the installation of 225 feet of guardrail along Petaluma Boulevard North near Goassage Avenue, where there was a fatal accident in 2016. This application also included traffic signal upgrades at various intersections, including: 1. Caulfield Lane at Lakeville Street 2. Caulfield lane at Payran Street 3. Lakeville Street at D Street 4. McDowell Boulevard at Corona Road 5. McDowell Boulevard at Maria Drive 6. Petaluma Boulevard North and Payran Street 7. Petaluma Boulevard North at Industrial Avenue 8. Petaluma Boulevard North at Lakeville Street 9. Petaluma Boulevard South at D Street 10. Washington Street at Kentucky Street 11. Washington Street at Maria Drive 12. Washington Street at Payran Street In order to be reimbursed for the design work, a program supplement is required. The Program Supplement Agreement, which operated under the umbrella of the Master Agreement, identifies the financial responsibilities for preliminary engineering and design for the Guardrail & Pedestrian Safety Improvements Projects. An additional Supplement Agreement will be required for construction costs once the final design is approved by Caltrans and in the end, it is expected that the subject HSIP grant will reimburse the City for $248,900 for crosswalk upgrades and $376,100 for guardrail and signal upgrades. The grant is 100% reimbursable. A Master Agreement Administering Agency -State Agreement for Federal Aid Projects Agreement is required with a local agency whenever Federal or State funds are to be used on a local project. In the Master Agreement, a local agency agrees to comply with all Federal and State laws, regulations, policies, and procedures relative to the design, right-of-way acquisition, environmental compliance, construction, and maintenance of the completed facility. A new Federal Master Agreement is required when agencies request an authorization for a new project. The Master Agreement, for administration of Federally -funded projects, is an update to the previous Master Agreement that was approved in 2019. PUBLIC OUTREACH On October 2, 2019, staff presented the list of potential crosswalk upgrades to the Pedestrian and Bicycle Advisory Committee for comment and consensus was received on the above list. This agenda item appeared on the City's tentative agenda document on Monday, October 21, 2019, which was a publicly -noticed meeting. FINANCIAL IMPACTS The FY 2019-20 adopted budget includes sufficient project budget to cover both phases of the project. It is anticipated that 100% of the project cost will be reimbursed by the HSIP and the Master Agreement which includes grant funding for both the Pedestrian Safety and Guardrail and Signal Improvements. CIP C16101936: Adopted Pedestrian Safety Guardrail & Pedestrian Budget Improvements Safety Improvements FY 19-20 5022 (062) Planning/Environmental $ 2,000 $ 2,000 Design $ 36,000 $ 16,000 Administration Construction Contracts $547,000 $205,000 Construction Management $ 40,000 $ 25,000 Contingency CIP Overheads Total Uses s $625,000 $248,900 Sources HSIP $625,000 $248,900 Total Funds $625,000 $248,900 ATTACHMENTS 1. Resolution 2. Program Supplement Agreement 5022(062) 3. Program Supplement Agreement 5022(063) 4. Project Location Map 5022(062) 5. Project Location Map 502 (063) Guardrail and Signal Improvements 5022 (063) $ 20,000 $341,100 $ 15,000 $376,100 $376,100 $376,100 11 Attachment 1 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROGRAM SUPPLEMENT AGREEMENT 5022(062) AND 5022(063) FOR GUARDRAIL AND PEDESTRIAN SAFETY IMPROVEMENT PROJECTS WHEREAS, a Master Agreement Administering Agency -State Agreement for Federal Aid Projects is required with a local agency whenever Federal or State funds are to be used on a local project; and WHEREAS, the master agreement for administration of Federally funded projects was updated on June 20, 2019; and WHEREAS, the supplement agreement 5022(062) to the Master Agreement formalizes the financial responsibilities and provisions for a specific Federal aid or State funded project; and WHEREAS, the supplement agreement 5022(063) to the Master Agreement formalizes the financial responsibilities and provisions for a specific Federal aid or State funded project; and WHEREAS, The Program Supplement Agreement 5022(062) spells out the financial responsibilities for preliminary engineering phase for the Guardrail and Pedestrian Safety Improvements Project; and WHEREAS, The Program Supplement Agreement 5022(063) spells out the financial responsibilities for preliminary engineering phase for the Guardrail and Pedestrian Safety Improvements Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby authorizes the City Manager to enter into the Prograin Supplement Agreements 5022(062) and 5022(063) for the Guardrail and Pedestrian Safety Improvement Project. PROGRAM SUPPLEMENT NO. F049 to Attachment 2 Exhibit A to Resolution Adv Project ID Date. October 4, 2019 0419000520 Location: 04 -SON -0 -PET Project Number: HSIPL-5022(062) E.A. Number: Locode: 5022 M P. F.re 0 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). 067�4,'t I JLC , 'TRI -14-" 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: Various intersections throughout the City of Petaluma TYPE OF WORK: Install Rectangular Rapid Flashing Beacons (RRFBs) at various LENGTH: O.O(MILES) uncontrolled marked crosswalks Estimated Cost $1181000.00� By Title Date Attest -- Federal Funds Matching Funds 2240 $18,000.00 LOCAL OTHER $0.0 $0.00 STATE OF CALIFORNIA r•..i. W710 - 7t- 11t;M7 1111 �iiplil� -:ftlogra� 111!111,11:1r; - 11 3 Accounting Ofiic Date $18.000,00 Program Supplement 04-50221715-F049- ISTEA Page I of 6 0 04 -SON -0 -PET HSIPL-5022(062) 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 04 -5022F15 -F049- ISTEA Page 2 of 6 7 04 -SON -0 -PET HSIPL-5022(062) 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 04 -5022F15 -F049- ISTEA Page 3 of 6 04 -SON -0 -PET HSIPL-5022(062) 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, et seq., shall be Program Supplement 04 -5022F15 -F049- ISTEA Page 4 of 6 0' 04 -SON -0 -PET HSIPL-5022(062) 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 04 -5022F15 -F049- ISTEA Page 5 of 6 10 04 -SON -0 -PET HSIPL-5022(062) 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 04 -5022F15 -F049- ISTEA Page 6 of 6 11 PROGRAM SUPPLEMENT NO. F048 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 04-5022F15 Attachment 3 Exhibit B to Resolution Adv Project ID Date: September 11, 2019 0419000554 Location: 04 -SON -0 -PET Project Number: HSIPL-5022(063) E.A. Number: Locode: 5022 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 06/24/19 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: Various Locations Throught the City; and Petaluma Blvd near Gossage Ave. TYPE OF WORK: Install upgrades to signal hardware at various intersections; and LENGTH: 0.0(MILES) install gaurdrail Estimated Cost Federal Funds Matching Funds Z240 $20,000.00 LOCAL OTHER $20,000.00 CITY OF PETALUMA By Title Date Attest $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 knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date 9//(O//g Program Supplement 04 -5022F15 -F048- ISTEA $20.000.00 Page 1 of 6 12 04 -SON -0 -PET HSIPL-5022(063) 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 04 -5022F15 -F048- ISTEA Page 2 of 6 13 04 -SON -0 -PET HSIPL-5022(063) 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 04 -5022F15 -F048- ISTEA Page 3 of 6 14 04 -SON -0 -PET HSIPL-5022(063) 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 04 -5022F15 -F048- ISTEA Page 4 of 6 15 04 -SON -0 -PET HSIPL-5022(063) 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 04 -5022F15 -F048- ISTEA Page 5 of 6 16 04 -SON -0 -PET HSIPL-5022(063) 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)] 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 04 -5022F15 -F048- ISTEA Page 6 of 6 17 Attachment 4 y , NORTH PETALUMA BLVD N. AT INDUSTRIAL AVE N. McDOWELL BLVD AND CORONA RD, N\. \ , i E. WASHINGTON ST AT MARIA DR. PETALUMA BLVD N AT \; _ 7 S. MCDOWELL BLV GOSSAGE AVE DAT MARIA DR. PETALUMA BLVD NORTH u = > AND PAYRAN ST "- - � PETALUMA BLVD NORTH ----------- AND --AND LAKEVILLE ST d 1i WASHINGTON ST AT PAYRAN ST WASHINGTON STAND _ __ CAULFIELD LANE AND PAYRAN ST KENTUCKY ST - _ _ - - "" ;; CAULFIELD LANE AND LAKEVILLE ST D ST AT LAKEVILLE ST k` r IVB D ST AT PETALUMA BLVD SOUTH � I I r L k � C I T Y O F PETALUMA PUBLIC WORKS & UTILITIES UTILITIES DIVISION 202 N. McDOWELL BLVD. TEL, 707-778-4546 PETALUMA, CALIFORNIA 94954 FAX. 707-778-4508 DATE: AUGUST 20181 SHEET: 04-PETALUMA-02 APPROVED BY. HSIP VICINITY MAP JEFF STUTSMAN SENIOR ENGINEER C79843 DRAWN BY: JS ' Attachment 5 '2-9 _ 24, -22' 13 - - NORTH 23' II =_= 3 , d 4 2 -� ` 21 - Iy - i - - i 2 ' I 28 i X I — y 6' — 14 611 , 19' 1-7 18' l5 26: .! N it — ` 20: c 0 E WASHINGTON ST AT VALLEJO ST ©i ALBIN WY AT ST LOUIS CT 0 "1" ST AT INDEPENDENCE WY O E WASHINGTON ST AT WILSON ST 0 ALBIN WY AT MARGUERITE WY 0 MADISON ST AT SAN CARLOS DR O ELY BLVD AT WEAVERLY DR 0 COLOMBARD RD AT CLARET CT @ 1985 MATZEN RANCH CIR 0 CAULFIELD LN AT VICTORIA DR ® 4TH ST AT KENTUCKY ST 0 MONROE ST AT TAHOLA LN O LAKEVILLE ST AT EAST CT 0 202 FAIR ST ® RANIER CIR AT TULARE ST © LAKEVILLE ST AT LINDBERG LN 0 "D" ST AT 2ND ST 0 WASHINGTON ST AT LIBERTY ST 07 WASHINGTON ST AT KEOKUK ST © "D" ST AND 4TH ST © FAIR ST AT DOUGLAS ST ® N MCDOWELL BLVD AT WEAVERLY DR 0 FAIR ST AT BASSETT ST 0 HOWARD ST AT BODEGA AVE 09 WESTERN AVE AT N FAIR ST 0 HOWARD ST AT "A" ST © E WASHINGTON ST AT BAYLIS ST ® WESTERN AVE AT FAIR ST @ RIESLING RD AT STRATFORD PL DATE: AUGUST 2019 I SHEET: CITY OF PETALUMA 04—PETALUMA-02 APPROVED BY: PUBLIC WORKS &UTILITIES HSIP UTILITIES DIVISION VICINITY MAP JEFFSTUTSMAN SENIORENGINEER C79843 "H 202 N. McDOWELL BLVD. 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