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Home My WebLink AboutA6093 - STATE OF CALIFORNIA - STPLN-5282 (023)PROGRAM SUPPLEMENT NO. M016 Rev. 1 to Date: March 23, 2011 Location: 08-RIV-0-PSP ADMINISTERING AGENCY -STATE AGREEMENT Project Number: STPLN-5282(023) FOR FEDERAL -AID PROJECTS NO 08-5282 E.A. Number: 08-OG0074 Locode: 5282 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 03/18/98 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: Indian Canyon Drive from Tramview Road to the U.P.R.R. Overhead (Br. No. 56C-0025) near Garnet TYPE OF WORK: Roadway widening from 2 to 4 lanes LENGTH: 2.0(MILES) Estimated Cost Federal Funds Matching Funds H240 $263,000.00 LOCAL OTHER L230 $1,936,000.00 $3,550,402.00 $1,351,402.00 $0.00 APPROVED AS 10 &MR(M I CITY OF PALM SPRINGS BY -� - Cstts �at�s?ice: Title CITY MANA APPROVED UY CITY COUNCIL Date 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✓i- Date $2.199.000.00 Chapter j Statutes j Item Year Program j BC j Catee:go:ry:J Fund Source AMOUNT I i i RETURN TO: CFR£ CITY OF PALL/! SPRINGS BOX 2743 . PALM SPRINGS, CA 92263 Program Supplement 08-5282-M016-R1- ISTEA Page 1 of 4 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 0112010) Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR/LOCAL AGENCY: CITY OF PALM SPRINGS GUN IRAC; IAMOUNT : $1,936,000.00 PROCUREMENT TYPE: Local Assistance ,TE PREPARED: 3/24/2011 REQUISITION NUMBER / CONTRACT NUMBER: 080000000611 Page _1_ of _1_ PROJECT NUMBER: 08-0000-0160 ADA Nob 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. 08-RIV-0-PSP STPLN-5282(023) SPECIAL COVENANTS OR REMARKS 03f23/2011 1. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. 2. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 3. All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 4. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A-133 if it receives a total of $500,000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning & Research. OMB A-133 superceded OMB A-128 in 1996. A reference to OMB A-128 in a Master Agreement (if any) is superceded by this covenant to conform to OMB A-133. 5. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal -Aid Project Authorization/Agreement or Amend ment/Modification (E-76) and accepts any resultant increases in ADMINISTERING AGENCY funds as shown on the Finance Letter, any modification thereof as approved by the Division of Local Assistance, Office of Project Implementation. 6. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work 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. 7. 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). 8. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this agreement. ADMINISTERING AGENCY agrees that it will notify the STATE immediately, in the event a suspension or a debarment happened after the execution of this agreement." 9. The Administering Agency shall not discriminate on the basis of race, religion, age, Program Supplement 08-5282-M016-R1- ISTEA Page 2 of 4 08-RIV-0-PSP STPLN-5282(023) SPECIAL COVENANTS OR REMARKS 03/23/2011 disability, color, national origin, or sex in the award and performance of any Federal - 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.). 10. 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 encumberances 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. 11. 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 Excluded Parties List System (EPLS). 12. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award or with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract, whichever is earlier. Failure to do so will cause a delay in the State processing invoices for the construction Program Supplement 08-5282-M016-R1- ISTEA Page 3 of 4 08-RIV-0-PSP STP! N-5282(023) SPECIAL COVENANTS OR REMARKS 03/23/201-1 phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 13. 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. Program Supplement 08-5282-M016-R1- ISTEA Page 4 of 4 Z Originals: Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Contract Administration Lead Department: Contract Administrator: CONTRACT ABSTRACT State of California (STPLN) Ray Zhang Indian Canyon Dr from Tramview Rd to the U.P.R.R. Overhead $1,936,000 Federal Aid Project No. STPLN-5282 (023) 7 years Public Works & Engineering David Barakian / Marcus Fuller Contract Approvals Council/ Ageney Approval Date: Resolution Nninber: Agreement Number: May 4, 2011 �y n/a �Q P 016-M1 (assigned by the State) Contract Compliance Exhibits: n/a Signatures: attached Insurance: n/a Bonds: n/a Contract prepared by: Marcus Fuller Submitted on: 05/05/ 11 By: Tabitha Richards Kathie, The State requires that the Adopted Resolution (Item #2i) from the May, 4 ,2011 Council Meeting be sent back with Program Supplement No. MO12 Rev. 1 Agreement, per their attached letter. So please provide a copy of the Resolution when you return this agreement to Engineering. Thank you, Tabitha STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING 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) 654-3151 Fax (916) 653-7621 March 29, 2011 Mr. David Barakian Director of Public Works/City Engineer City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92263 Attn: Mr Marcus Fuller Dear Mr. Barakian: File: 08-RIV-0-PSP UCEIVFD STPLN-5282(023) Indian Canyon Drive from Tramview APR 0 4 2011 Road to the U.P.R.R. Overhead (Br. No. 56C-0025) near Garnet '17n ain eertn f► Divislp r Enclosed are two originals of the Program Supplement Agreement No. 016-M1 to Administering Agency -State Agreement No. 08-5282. 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 60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 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 project and the official authorized to execute the agreement. 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. A copy of the State approved finance letter containing the fund encumbrance and reversion date information will be mailed to you with your copy of the executed agreement. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, RAY ZHANG, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (08) DLAE - Savat Khamphou