HomeMy WebLinkAboutA9164 - STATE OF CALIFORNIACONTRACT ABSTRACT
(1)Program Supplement Agreement
Contract
Company Name:
Company Contact:
Summary of Services:
Contract Price:
Funding Source:
Contract Term:
State of California
Alberta S. Snowden, Associate Governmental Program Analyst
Program Supplement Agreement No. F052 to Administering
Agency-State Agreement for Federal-Aid Projects No. 08-5282F15,
Emergency Opening and Restoration, Araby Road - LWC
$108,227.00
09/30/2022
Contract Administration
Lead Department:
Contract Administrator:
Development Services – Engineering Division
Joel Montalvo/Felipe Primera
Contract Approvals
City Manager Approval:
Resolution Number:
Agreement Number:
TBD
24896
A9164
Contract Compliance
Exhibits:
Signatures:
Insurance:
Bonds:
N/A
Attached
N/A
N/A
Contract prepared by: State of California
Submitted on: 06/29/2022 By: Vonda Teed
DocuSign Envelope ID: 884E7DB6-8B36-489A-8F94-B2F8D2F68B78
F052
FOR FEDERAL-AID PROJECTS NO 08-5282F15
0820000054
June 27, 2022
08-RIV-0-PSP
ER-40A0(074)
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 11/14/2016 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.
Araby Road - LWC
Emergency Opening and Restoration 0.0(MILES)
Federal FundsEstimated Cost Matching Funds
ER01 $108,227.00
CITY OF PALM SPRINGS
By ________________________________By ________________________________
Title
Date
City Manager
_______________________________
Attest ____________________________________________________________
Agreement No. A9164
Date _______________________________
Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________Date _______________
PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK:LENGTH:
LOCAL OTHER
$111,978.00 $3,751.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$108,227.00
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Program Supplement 08-5282F15-F052- ISTEA
APPROVED AS TO FORM
_______________________________
City Attorney
6/27/2022
DocuSign Envelope ID: 884E7DB6-8B36-489A-8F94-B2F8D2F68B78
7/5/2022
SPECIAL COVENANTS OR REMARKS
08-RIV-0-PSP
ER-40A0(074)
1.The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
2.A. 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).
B. 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.
C. 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.
D. 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.
E. Administering Agency shall not discriminate on the basis of race, religion, age,
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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.).
F. 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.
G. 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 Amendment/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 Program
Management.
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.
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These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
H. "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."
I. 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.
J. 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 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.
K. 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.
L. 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, and copies of cancelled checks
showing amounts made payable to vendors and contractors, and/or a computerized summary
of PROJECT costs.
M. 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.
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N. 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.
O. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
P. ADMINISTERING AGENCY agrees, and will assure that its contractors, subcontractors,
and 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 used to determine the
allowability of individual PROJECT cost items.
Q. The work eligible for Federal Reimbursement shall be performed by the ADMINISTERING
AGENCY either by using their own forces or by contract. The ADMINISTERING AGENCY
must be able to identify the costs incurred at each site and be subject to an audit for
verification.
R. 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.
S. 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.
T. 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 Federal Agency performing work on behalf of the ADMINISTERING AGENCY, 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
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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 (a.k.a. Final Voucher).
U. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and
maintain a financial
management system and records that properly accumulate and segregate reasonable,
allowable, and authorized incurred PROJECT costs and matching funds by line item for the
PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors
and all subcontractors and 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 sent to or paid by STATE.
V. 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.
W. 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 examined
under its single audit prepared in accordance with 2 CFR, Part 200.
X. 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 or as
permitted under Emergency Opening procedures.
Y. Any subcontract entered into by ADMINISTERING AGENCY as a result of this
AGREEMENT shall contain provisions K, L, P, R, T and U under Section 2 of this agreement.
3.Disaster No. CA 19-2 (January-February 2019 Storms) - Emergency Opening work will be
reimbursed at 100% if completed within 180 days from the date of the disaster. The disaster
occurred on January 5, 2019. ADMINISTERING AGENCY records must clearly identify those
costs incurred on or after January 5, 2019. Incurred costs are defined as disbursements
made or in process goods and services delivered. Emergency Opening work completed on or
after July 7, 2019, will be funded at the federal-aid reimbursement ratio of 88.53%.
Restoration work,
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including preliminary engineering will be reimbursed at an 88.53% ratio. The
ADMINISTERING AGENCY will be responsible for the matching requirement.
4.Appendix E of the Title VI Assurances (US DOT Order 1050.2A)
During the performance of this agreement, the ADMINISTERING AGENCY,
ADMINISTERING AGENCY'S 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.C. 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 et seq.), (prohibits discrimination on the
basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et 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 et 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), 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,
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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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