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PROGRAM SUPPLEMENT NO. 0000OA117
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ADMINISTERING AGENCY -STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO 12-5063S21
Adv. Project ID Date: March 16, 2023
1222000051 Location: 12-ORA-0-SA
Project Number: ATPL-5063(179)
E.A. Number:
Locode: 5063
This Program Supplement, effective 03/1712022, hereby adopts and incorporates into the Administering Agency -State
Agreement No. 12-5063S21 for State Funded Projects which was entered Into between the ADMINISTERING AGENCY
and the STATE with an effective date of 07/1912021 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. 2021-039 approved by the ADMINISTERING AGENCY on JUIy 6, 2021 (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 encumbered to this project, Administering Agency accepts and will comply with the Special
Covenants and remarks set forth on the following pages.
PROJECT LOCATION: Raiff Street from Warner Ave to Washington Ave
TYPE OF WORK: Bicycle Related - Other
LENGTH: 0.O(MILES)
Estimated Cost
State Funds
Matching Funds
LOCAL
OTHER
TATE $81,000.00
$81,000.0c
$0.0c
$0.00
CITY OF (� SAIINTA ANA�
By ►.A 6 L,..�� t*U A 1p - By
Title Executive Director Kristine Ridge
City Manager
Date 3�23l2e�23
Attest 3 7-117-5
erk of the Council
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 0311612023 $81,000.00
1. A. This PROJECT will be administered in accordance with the applicable CTC STIP
guidelines and the Active Transportation Program guidelines as adopted or
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amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program
Guidelines (LAPG), and this PROGRAM SUPPLEMENT.
B. This PROJECT is programmed to receive State funds from the Active Transportation
Program (ATP). Funding may be provided under one or more components. A component(s)
specific fund allocation is required, in addition to other requirements, before reimbursable
work can occur for the component(s) identified. Each allocation will be assigned an effective
date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible
PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the
effective date of the component specific allocation will constitute the start of reimbursable
expenditures.
C. STATE and ADMINISTERING AGENCY agree that any additional funds made available
by future allocations will be encumbered on this PROJECT by use of a STATE -approved
Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE
funds available for reimbursement will be limited to the amount allocated by the California
Transportation Commission (CTC) and/or the STATE.
D, Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve
supplementary allocations, time extensions, and fund transfers between components. Funds
transferred between allocated project components retain their original timely use of funds
deadlines, but an approved time extension will revise the timely use of funds criteria for the
component(s) and allocation(s) requested. Approved supplementary allocations, time
extensions, and fund transfers between components made after the execution of this
PROGRAM SUPPLEMENT will be documented and considered subject to the terms and
conditions thereof.
Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter,
Time Extension Letter, and Finance Letter, as appropriate.
E. This PROJECT is subject to the timely use of funds provisions enacted by the Active
Transportation Program guidelines, as adopted or amended, and by approved CTC and State
procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate
(PS&E), and right-of-way components are available for expenditure until the end of the
second fiscal year following the year in which the funds were allocated.
Funds allocated for the construction component are subject to an award deadline and contract
completion deadline. ADMINISTERING AGENCY agrees to award the
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contract within 6 months of the construction fund allocation and to complete and accept the
construction within 36 months of award.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer immediately after project contract award and prior to the submittal
of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do
so will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P),
plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after
the end of last eligible fiscal year of expenditure. For construction costs, the
ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to
make the final payment to the contractor prepare the final Report of Expenditures and final
invoice, and submit to STATE for verification and payment.
H. 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 LAPM and the Active
Transportation Program (ATP) Guidelines.
I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to
be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP),
submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations
requirements which may be accessed at: www.dot.ca.gov/hq/audits/.
ADMINISTERING AGENCY agrees to comply with, and require all sub -recipients and project
sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost
Principles and Audit Requirement for Federal Awards, and all applicable Federal and State
laws and regulations.
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., and all applicable Federal and
State laws and regulations, shall be used to determine the allowability of individual PROJECT
cost items.
Any Fund expenditures for costs for which ADMINISTERING AGENCY has received payment
or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or
48 CFR, Chapter 1, Part 3, are subject to repayment by
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ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse
Funds due STATE within 30 days of 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 ADMINISTERING AGENCY from STATE or any third -party source, including,
but not limited to, the State Treasurer, the State Controller, and the California Transportation
Commission.
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to
comply with all reporting requirements in accordance with the Active Transportation Program
guidelines, as adopted or amended.
K. This PROJECT has received funds from Active Transportation Program (ATP). The
ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC
Adopted SB1 Accountability and Transparency Guidelines.
2, The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope
of work presented in the application and approved by the California Transportation
Commission, Any changes to the approved PROJECT scope without the prior expressed
approval of the California Transportation Commission are ineligible for reimbursement and
may result in the entire PROJECT becoming ineligible for reimbursement.
3. Appendix E of the Title VI Assurances (US DOT Order 1050.2A)
During the performance of this agreement, the ADMINISTERING AGENCY,
ADMINISTERING AGENCYS contractors and subcontractor, (hereinafter referred to as the
"contractor") agrees to comply with the following nondiscrimination statutes and authorities;
including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et.seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.G. 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
C. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 at seq.), (prohibits discrimination on the
basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 at seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
E. The Age Discrimination Act of 1975, as amended, (42 U.S,C. 6101 at seq.), (prohibits
discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123),
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as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or
activities" to include all of the programs or activities of the Federal -aid recipients,
subrecipients and contractors, whether such programs or activities are Federally funded or
not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
K, Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with Title
VI, you must take reasonable steps to ensure that LEP persons have meaningful access to
your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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