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HomeMy WebLinkAboutAgreement A-18-335 with Caltrans.pdfSTATE OF CALIFORNIA -CALIFORNIA STATE TRANSPORTATION AGENCY DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 April 27, 2018 Ms. Erin Haagensen Senior Staff Analyst, Design Division Fresno County 2220 Tulare Street, 7th Floor Fresno, CA 93721 EDMUND G. BROWN Jr., Governor File : 06-FRE-0-CR X18-5942(288) 2017/2018 Exchange and State Match Program MAY O 2 2018 FRESNO COUNTY DEPT. OF PUBLIC WORKS & PLANNING Subject: Optional Regional Surface Transportation Program (RSTP/RSTBGP) Federal Exchange and State Match Program for FY 2017/2018. Dear Ms. Haagensen: This letter serves to notify you of the opportunity to participate in the Optional RSTP/RSTBGP Federal Exchange and State Match Program for FY 2017/2018. In an effort to streamline this program, we have enclosed the Federal Exchange and State Match Agreement required for participation. The agreement contains the estimated amount of federal funds you are eligible to exchange along with matching state funds. We have not yet received the final apportionment amounts for Federal Fiscal Year (FFY) 2018. The exchanged amount is based on your FFY 2017 apportionment including adjustments made to prior year RSTP/RSTBGP balances. Necessary rescissions or additions will be reflected on next year's Agreement. In order to participate in this year's program and receive the funds, you must do the following: *Concur with the amount shown on the agreement. If you do not agree with this amount, please contact Amy Chieng of HQ Local Assistance at (916) 653-4334 no later than June 16, 2018. *Sign both copies of this agreement and return them to Department of Transportation, Division of Local Assistance, P.O. Box 942874, MS#1, Sacramento, CA 94274-0001. When we receive your signed agreements, they will be executed and one original will be returned to your agency. *Once you receive the executed agreement, forward your invoice directly to the District Local Assistance Office. If you need additional information regarding the program, please refer to Chapter 18 of the Local Assistance Program Guidelines. Please contact Amy Chieng at (916) 653-4334 if you have any questions. ,r, s~-p ~ JOHN HOOLE, Chief Office of Project Implementation -South Division of Local Assistance Enclosures c: OLP AE Project Files (06) DLAE -James Perrault ,FEDERAL APPORTIONMENT EXCHANGE PROGRAM AND STATE MATCH PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION -MPO COUNTY 06 FRESNO District County Agreement No. X18-5942(288) AMS Adv ID:0618000185 THIS AGREEMENT is made on _______ , by the COUNTY of FRESNO, a political subdivision of the State of California (COUNTY), and the State of California, acting by and through the Department of Transportation (STATE). WHEREAS, COUNTY desires to assign federal apportionments made available to COUNTY for allocation to transportation projects in accordance with Section 182.6 of the Streets and Highways Code [Regional Surface Transportation Program (RSTP)/Regional Surface Transportation Block Grant Program (RSTBGP) funds] in exchange for nonfederal State Highway Account funds, and WHEREAS Section 182.9 of the Streets and Highways Code requires the allocation of State Matching funds from the State Highway Account to COUNTY: NOW, THEREFORE, the parties agree as follows: I. FEDERAL APPORTIONMENT EXCHANGE PROGRAM A. As authorized by Section 182.6(h)(2) of the Streets and Highways Code, COUNTY agrees to assign to ST ATE: $268,108.00 from the eligible portion of its estimated annual minimum RSTP/RSTBGP Apportionment for Fiscal Year 2017/2018. The eligible portion of said minimum apportionment is the COUNTY's estimated annual minimum RSTP/RSTBGP apportionment established under Section 182.6(d)(2) of the Streets and Highways Code in excess of 3 1 /2 percent of the statewide minimum apportionment established under Section 182.6(d)(2) less any federal apportionments already obligated for projects chargeable to COUNTY's eligible portion of its estimated annual minimum RSTP/RSTBGP apportionment. For Caltrans Use Only =· Accounting Officer Date 4 I I i/ $ 3b'l; 1 .oo 3 1/2% MPO-Co. E/M (N) Page 1 of 4 (Rev. 04/09/2018 ) 18-0572 June 12, 2018 Agreement No. 18-335 'STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) TO: STATE CONTROLLER'S OFFICE Claims Audits FROM: 3301 "C" Street, Rm 404 Sacramento, CA 95816 Department of Transportation SUBJECT: Encumbrance Document VENDOR / LOCAL AGENCY: COUNTY OF FRESNO CONTRACT AMOUNT: $ 368,108.00 PROCUREMENT TYPE: Local Assistance CHAPTER STATUTES ITEM 14 2017 2660-102-0042 14 2017 2660-102-0042 YEAR 2017/2018 2017/2018 Page 1 of 1 DATE PREPARED: PROJECT NUMBER: 4/17/2018 618000185 REQUISITION NUMBER/ CONTRACT NUMBER: RQS 061800000443 PEC / PECT COE/Category AMOUNT 2030010840 2240/0400 $ 268,108.00 2030010830 2170/0000 $ 100,000.00 ADA Noti/or individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-641 o ofTDD (916) -3880 or write Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 95814. B. COUNTY agrees that it will not undertake any capacity-expanding project funded herein located in an air quality nonattainment area without prior inclusion of said project by its RTPA in the "build" alternative of the air quality conformance analysis and the RTPA's subsequent concurrence in the project's implementation. II. STATE MATCH PROGRAM -Section 182.9 A. As authorized by Section 182.9 of the Streets and Highways Code, STATE agrees to pay to COUNTY $100,000.00 from the unobligated balance of COUNTY's State Matching funds for Fiscal Year 2017/2018. B. COUNTY agrees that before COUNTY uses State Matching funds for any other lawful purpose, COUNTY shall use such funds to match federally funded transportation projects. Ill. COMMON PROVISIONS A. Subject to the availability of State funds by the State Budget Act, and upon receipt of COUNTY invoice evidencing COUNTY's assignment of COUNTY's estimated apportionment under Section I.A to STATE, STATE agrees to pay to COUNTY an amount not to exceed $368,108.00 that equals the sum of the estimated apportionment amounts identified in Sections I.A and the State Match funds identified in Section II.A. B. COUNTY agrees to use all State funds paid hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution. C. COUNTY agrees to establish a special account within their County Road Fund for the purpose of depositing all payments received from STA TE pursuant to this agreement. D. COST PRINCIPLES 1. The COUNTY agrees to comply with, and require all project sponsors to comply with, Office of Management and Budget Supercircular 2 CFR Part 200, .Cost Principles for STATE and LOCAL government, Uniform Administrative Requirements for Grants and Cooperative Agreements to STATE and LOCAL governments. 2. COUNTY will assure that its fund recipients will be obligated to agree that (a) 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 and (b) Those parties shall comply with Federal Administrative Procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to STATE and LOCAL governments. Every sub-recipient receiving funds as a contractor or sub-contractor under this agreement shall comply with federal administrative procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to STATE and LOCAL governments. 3. Any fund expenditures for costs for which COUNTY has received payment or credit that are determined by subsequent audit to be unallowable under Office of Management and Budget 3 1/2% MPO-Co. E/M (N) Page 2 of 4 (Rev. 04/09/2018) Supercircular, 2 CFR Part 200, are subject to repayment by COUNTY to STATE. Should COUNTY fail to reimburse funds due STATE within 30 days or demand, or within such other period as may be agreed in writing between the parties hereto, STATE is authorized to intercept and withhold future payments due COUNTY from STATE of any third-party source, including, but not limited to, the State Treasurer, the State Controller and the CTC. E. THIRD PARTY CONTRACTING 1) COUNTY shall not award a construction contract 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 using funds without the prior written approval of STATE. 2) Any subcontract or agreement entered into by COUNTY as a result of disbursing funds received pursuant to this Agreement shall contain all of the fiscal provisions of this Agreement; and shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as project costs only after those costs are incurred and paid for by the subcontractors. 3) In addition to the above, the preaward requirements of third party contractor/consultants with COUNTY should be consistent with Local Program Procedures as published by STATE. F. ACCOUNTING SYSTEM COUNTY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate fund expenditures by line item. The accounting system of COUNTY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. G. RIGHT TO AUDIT For the purpose of determining compliance with this Agreement and other matters connected with the performance of COUNTY'S contracts with third parties, COUNTY, COUNTY's contractors and subcontractors and STATE shall each maintain and make available for inspection 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. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times for three years from the date of final payment of funds to COUNTY. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent for audits, examinations, excerpts, and transactions, and COUNTY shall furnish copies thereof if requested. H. TRAVEL AND SUBSISTENCE Payments to only COUNTY for travel and subsistence expenses of COUNTY forces and its subcontractors claimed for reimbursement or applied as local match credit shall not exceed rates authorized to be paid exempt non-represented State employees under current State Department 3 1/2% MPO-Co. E/M (N) Page 3 of 4 (Rev. 04/09/2018 ) Headquarters pivi$ion of Local Assistance· ' ' ' APR 2·6 2018 from !ocal :Programs Ag;ounting.