HomeMy WebLinkAboutA7207 - STATE OF CA, Dept of Transportation - PROGRAM SUPP AGMT NO. F048 -MASTER AGMT 08-528F15 GENE AUTRY & VISTA CHINO r
PROGRAM SUPPLEMENT NO. F048 Adv Project ID Date: August 1, 2018
to 0815000144 Location: 08-RIV-0-PSP
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: CMLN-5282(045)
FOR FEDERAL-AID PROJECTS NO 08-5282F15 E.A. Number:
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 11/14/16 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. 2 gr(7q approved by the Administering Agency on S,.p 5, 2Cl2
(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:
Northbound Gene Autry Trail at the intersection with Vista Chino
TYPE OF WORK: 2nd left-turn lane LENGTH: 0.O(MILES)
Estimated Cost Federal Funds Matching Funds
MOE3 $246,000.00 LOCAL OTHER
$279,472.00 $31,872.0 $1,600.00
I
I
CITY OF PALM SPRINGS STATE OF CALIFORNIA
Department of Tyanspprtation
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Title L Chief, Office of Project implementation
Date Division of Local Assistance
Attest Date '
I hereby certify upon my pers 6a knowle7at budgeted funds are available for this enc mbrance:
Accounting Officer l " Date //J"
$246.000.00
Chapter St�ttite Item Year Program BC Category Fund Source AMOUNT
APPROVED AS TO FORM
TTEST. ApppOVED$y CT1Y COUNCIL
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CRYATMORNEY C�Pro m Supplement 08-5282F15-FO48- ISTEA Page 1 of 6
STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF(REV.01/2010)
Page_ of 1
TO: STATE CONTROLLERS OFFICE DATE PREPARED: PROJECT NUMBER.
Claims Audits 81312018 0815000144
3301 "C"Street,Rm 404 REQUISITION NUMBER/CONTRACT NUMBER:
Sacramento,CA 95816 RIDS-2660-081900000055
FROM.
Department of Transportation
SUBJECT.
Encumbrance Document
VENDOR I LOCAL AGENCY:
CITY OF PALM SPRINGS
$246,000.00
Local Assistance
CHAPTER STATUTES ITEM YEAR PEC/PECT TASK I SUBTASK AMOUNT
14 2017 2660-102-0890 2017/2018 20.30.010.820 2620/0400 $246,000.00
TOTAL CONTRACT AMOUNT $246,000.00
ADA Notice For individuals with sensory disabilities,this document is available in alternate formats.For information,call(915)654-6410 of TDD(916)-3880 orwrite
Records and Forms Management,1120 N.Street,MS-89,Sacramento,CA 95814,
08-RIV-0-PSP 08/01/2018
CMLN.5282(045)
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 08-5282F15-F048-ISTEA Page 2 of 6
08-RIV-0-PSP 0810112018
CMLN-5282(045)
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 08-5282F15-17048- ISTEA Page 3 of 6
08-RIV-0-PSP 08101/2018
CMLN-5282(045)
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 08-6282F15-F048- ISTEA Page 4 of 6
08-RIV-0-PSP 08/0112018
CMLN-5282(045)
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 08-5282F15-F048-ISTEA Page 5 of 6
08-RIV-0-PSP 08/01/2018
CMLN-5282(045)
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.
Program Supplement 08-5282F15-F048- ISTEA Page 6 of 6
lip
RESOLUTION NO. 24474
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. 048-F TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECT NO. 08-5282F15 WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $246,000
FOR USE OF CONGESTION MITIGATION AND AIR
QUALITY (CMAQ) FEDERAL-AID FUNDS FOR THE GENE
AUTRY TRAIL AT VISTA CHINO DUAL LEFT TURN LANES,
CP 14-13, FEDERAL-AID PROJECT NO. CMLN-5282 (045).
WHEREAS,the Congress of the United States has enacted the Intermodal Surface
Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation
Authorization Bills to fund transportation programs; and
WHEREAS, the Legislature of the State of California has enacted legislation by
which certain federal-aid funds may be made available for use on local transportation
related projects of public entities qualified to act as recipients for these federal-aid funds
in accordance with the intent of federal law; and
WHEREAS, before federal-funds will be made available for a specific program
project, the City of Palm Springs and State of California are required to enter into an
agreement to establish terms and conditions applicable to the City of Palm Springs when
receiving federal funds for a designated project facility and to the subsequent operation
and maintenance of that completed facility; and
WHEREAS, the City of Palm Springs has submitted to the California Department
of Transportation a request for authorization to proceed with the construction phase of
the Gene Autry Trail at Vista Chino Dual Left Turn Lanes, City Project No. 14-13, Federal
Aid Project No. CMLN-5282 (045), requiring obligation of $246,000 of Congestion
Mitigation and Air Quality ("CMAQ") federal-aid funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. 048-F to the current Master Agreement, Administering
Agency — State Agreement No. 08-5282F15 with the state of California, obligating
$246,000 of federal-aid funds for the Gene Autry Trail at Vista Chino Dual Left Turn
Lanes, City Project No. 14-13, Federal Aid Project No. CMLN-5282 (045).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Program Supplement Agreement No.048-F to Administering Agency
— State Agreement No. 08-5282F15, with the state of California, obligating $246,000 of
10
Resolution No.24474
Page 2
federal-aid funds for the Gene Autry Trait at Vista Chino Dual Left Turn Lanes, City Project
No. 14-13, Federal Aid Project No. CMLN-5282 (045) is hereby approved.
SECTION 2. The City Manager is hereby authorized to execute and administer
the Program Supplement Agreement No. 048-F as may be necessary.
ADOPTED THIS 5T" DAY OF SEPTEMBER, 2018.
David H. Ready, q., Ph.D.
City Manager
ATTEST:
hony J. e" MC
'City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24474 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on September 5, 2018, by the
following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tem Roberts, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this day of
CERTIFIED CGPy Ony J. Jla,
earMY that this to a true and correct ccny ci t . City Cle
on Me In the offioW rods of the Ciiy of t'aim S3j,1.10,.
Chief Deputy City— Qark�
;This c�rT ntlon must appear In bha wit}! an original