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Home My WebLink AboutA6622 - STATE OF CA - BOGERT TRAIL BRIDGE REHAB FEDERAL AID CP 07-03 PROGRAM SUPPLEMENT NO. N021 Rev. 1 Adv Project ID Date: October 14, 2014 to 0800000891 Location: 08-RIV-0-PSP ADMINISTERING AGENCY-STATE AGREEMENT Project Number: BHLS-5282(026) FOR FEDERAL-AID PROJECTS NO 08-5282R E.A. Number: 08-924970 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 02/07/07 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. ,C+-�j 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: East Bogert Trail over Palm Canyon Wash east of Andreas Palms Drive, Br. No. 56C-0311 TYPE OF WORK: Bridge rehabilitation LENGTH: 0.1(MILES) Estimated Cost Federal Funds Matching Fund_s M240 $3,672,391.00 LOCAL OTHER H1C0 $119,516.OD $5,023,938.00 L110 $655,786.00 $576,245.00 $0.00 CITY OF PALM SPRINGS a APF?QVED BY Cf (C i: jvi� STATE OF CALIFORNIA De artm nt of Transpo on BY LChief, f Title fice of Project Implementation Division of Local Assistance Date T Date A Attes ------ I hereby certify upon my pers knowled th udgeted funds are available for this encumbrance: Accounting Officer _ Date $4.447.693.00 Chapter tatu s Item I Year rogram BC Category Fund Source AMOUNT ATIESr Program Supplement 08-5282R-N021-R1-ISTEA Page 1 of 3 City Clerk STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF(REV.0112010) Page_i_of_i_ TO: STATE CON I KUPICER OFFICE DATE PREPARED. PROJECT NUMBER: Claims Audits 10/14/2014 0800000891 3301 "C"Street,Rm 404 REQUISITION NUMBER I CONTRACT NUMBER: Sacramento,CA 95816 CT 085282021N FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR/ LOCALAGENCY: City of Palm Springs $3,672,391.00 U EMENT TYPE: Local Assistance CHAPTER STATUTES ITEM YEAR PEC/PECT TASK/SUBTASK AMOUNT 20 2013 2660-102-890 2013-2014 20.30.010.300 2240/0600 $3,672,391.00 TOTAL CONTRACT AMOUNT $3,672,391.00 ADA NOtICe For individuals with sensory disabilities,this document is available in alternate formats.For information,call(915)654-6410 of TDD(916)-3880 orwdte Records and Forms Management,1120 N.Street,MS-89,Sacramento,CA 95814, 08-RIV-0-PSP 10114/2014 BHLS-5282(026) 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. 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. Please refer 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 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. E. 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- 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 Program Supplement 08-5282R-N021-R1-ISTEA Page 2 of 3 08-RIV-0-PSP 10/14/2014 BHLS-5282(026) SPECIAL COVENANTS OR REMARKS 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 at 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. 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. G. 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. Program Supplement 085282R-N021-111-ISTEA Page 3 of 3 RESOLUTION NO. 23699 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 021-R1 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECT NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $3,672,391 FOR THE BOGERT TRAIL BRIDGE REHABILITATION PROJECT (FEDERAL-AID PROJECT NO. BHLS-5282 (026), CP 07-03). A6622. WHEREAS, the City of Palm Springs has submitted to the California Department of Transportation a request for authorization to proceed with the Construction (CON) Phase for the Bogert Trail Bridge Rehabilitation, requiring encumbrance of $3,672,391 of HBP federal-aid funds; and WHEREAS, the California Department of Transportation has prepared Program Supplement Agreement No. 021-R1, an amendment to administering Agency-State Agreement No. 08-5282R with the state of California, encumbering $3,672,391.00 in federal-aid funds for the Bogert Trail Bridge Rehabilitation, City Project No. 07-03, Federal Aid Project No. BHLS-5282 (026). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Program Supplement Agreement No. 021-R1, an amendment to administering Agency-State Agreement No. 08-5282R with the state of California, encumbering $3,672,391.00 in federal-aid funds for the Bogert Trail Bridge Rehabilitation, City Project No. 07-03, Federal Aid Project No. BHLS-5282 (026), is approved. SECTION 2. The City Manager is authorized to execute and administer the Program Supplement Agreement as may be necessary. ADOPTED THIS 5T1+ DAY OF NOVEMBER 2014. ATTEST: David H. Ready, er Gcpy II cer� this is ra trae and ccrrerx cocy of the document on file in the diicia! records os the C iy of I)Jn! 8P inks. ames Thompson, City Clerk ��- �b ,�,,/ Chief Deputy city Ciem �f This certification must appear in blue with an original signature. Resolution No. 23699 Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 23699 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 the 5th day of November, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. es Thompson, City Clerk r! ity of Palm Springs, Californiai 2 4 DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 01/22/2015 DIVISION OF ACCOUNTING en:: 08-RIV-0-PSP LOCAL PROGRAM ACCOUNTING BRANCH Project No: BHLS-5282(026) EA No: 08-924970 Attention: City of Palm Springs F FINANCE ITEMS PRO RATA OR TOTAL COSTOF FEDERAL PART. FED.Ri % FEDERAL FUNDS FEDERAL FUNDS FEDERAL FUNDS LOCAL FUNDS , OTHER FUNDS LUMP SUM WORK C05T L110 H1C0 M240 i Agency PfelIR110ary Englneerl $]40,]50.00 $760,750.00 88.53% I ---$-6-5-5,7-86 — .00 $ao so Go $84,964.01 $0.0 R/VII Engineering& S135.000,00 $135,000.00 B8.53% $0, 3119,5160 so.oq $15,484. $0.0 I, Administration Costs ' Contract Items DOME Construction $3,607,120. $3,607,120. 88.53% $a $0.0 $3.193,383. $413,]37.0 $0. Agency Construction I $541,068. $541,068.00 88.53% $0. $0. $4]9008 $820800 $0 Engineering -- Totals: L5,023,978.00 E6,013,938. 0.00% 85b,]88.00 E119,516.0 _ R1,9T2,391. SBT8,2A5.00 E0.0 Fed. Partic: 100.00% This Finance Letter was created based on specific financial information provided by the responsible local agency.The fallowing encumbrance [history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action. Signature: ✓/H'j,' /V d/L For questions regarding finance letter,contact: Title: HO Local Assistance Area`Engineer Printed Name: Patrick Louie - ---- — - Telephone No: (916)653-7349 Remarks: Br.No.56C-0311. Reimbursement ratio=88.53%. ACCOUNTING INFORMATION BHLS-62e2(026) Adv.Proj.ID Approp.Unit State Prog. Fed/State Encumbrance Amount Approp Year Expenditure Amount Encumbrance Balance Reversion Date 0800000891 T -- - $118,330.17 $185. 06/30/13 0800000891 103102E ' 2030010300 F $?19,516.00 102103 i' $118,330.97 $1,185.03 O6/30l16 -- 0800000891 14102E 2030010300 F $3,672,391.00 1314 $000 $3,672,391.00 O6/30l19 Page 1 of 1 PRELIMINARY NOTICE CALIFORNIA USE PROOF OF SERVICE AFFIDAVIT OF CALIFORNIA 20-DAY PRELIMINARY NOTICE (PRIVATE AND PUBLIC WORK) IN ACCORDANCE WITH SECTIONS 8102, 8200-8202 and 9300-9303, CALIFORNIA CIVIL CODE CONSTRUCTION LENDER (Or Reputed Construction Lender, If Any) Construction loan no. (if known) OWNER or PUBLIC AGENCY (Or Reputed Owner) AND DISBURSING OFFICER (On Private Work) (On Public Wor.c) CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WY PALM SPRINGS, CA 92262 CITY OF PALM SPRINGS PO BOX 2743, PALM SPRINGS, CA 92263 DIRECT CONTRACTOR (Or Reputed Direct Contractor) FERREIRA CONSTRUCTION CO INC 10370 COMMERCE CENTER DR STE B-200 RANCHO CUCAMONGA, CA 91730 SUBCONTRACTOR (Or Reputed Subcontractor) SUB -SUBCONTRACTOR (Or Reputed Sub -Subcontractor) BOND COMPANY BERKSHIRE HATHAWAY SPECIALTY INS CO 1314 DOUGLAS ST STE 1400 OMAHA, NE 68102 An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: $50,000.00 Statement or estimate of the Claimant's demand for sums currently due after deducting all just credits and offsets: $50,000.00 YOU ARE HEREBY NOTIFIED THAT... WALTERS WHOLESALE ELECTRIC CO. 200 N BERRY ST. BREA, CA 92821 (MS. DARLENE FELIX at (562) 304 - 1941 - DARLENE.FELIX@a WALTERSWHOLESALE.COM) (name and address of person or firm - sender) has furnished or will furnish MATERIALS of the following general description: ELECTRICAL SUPPLIES for the building, structure or other work of improvement located at: 5462 BOGERT TRAIL SEWAGE LIFT STATION PROJECET 1451 E BOGERT TRL PALM SPRINGS, CA 92264 The name of the person or firm who contracted for the purchase of such labor, services, equipment or materials: FERREIRA CONSTRUCTION CO INC NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. Claimant's Notice of unpaid compensation & employer payments owing to laborers & entities (described in Civil Code §8202(b)): The names and addresses of the laborer(s) and the Trust Fund to whom compensation and employer payments is/are due and payable are: (Names) (Addresses) Mailed this date: MARCH�9, 2023 Agent (Signature) Our Reference: (N536438) 432160 RECEIVED MAR 13 2023 rw City Hall Reception Desk REQUEST FOR INFORMATION Pursuant to California Civil Code §8208 and §8210 CITY OF PALM SPRINGS 3200 E TAHOUITZ CANYON WY PALM SPRINGS, CA 92262 CITY OF PALM SPRINGS PO BOX 2743, PALM SPRINGS, CA 92263 FERREIRA CONS'i RUCTION CO INC 10370 COMMERCE CENTER DR STE B-200 RANCHO CUCAMONGA, CA 91730 Re: 5462 BOGERT TRAIL SEWAGE LIFT STATION PROJECET 1451 E BOGERT TRL PALM SPRINGS, CA WALTERS WHOLESALE ELECTRIC CO., 200 N BERRY ST. , BREA, CA 92821 is furnishing materials and/or labor in connection with the above project. It is our understanding that you are the owner, part owner, or lessee and/or the direct contractor on that project. In accordance with §8208 and §8210 of the California Civil Code, please provide the following information if not already correctly identified within the attached notice: Owner Name: _ Owner Address: Owner City For privately owned projects: Lender Name: Lender Address: Lender City State Direct Contractor Name: Direct Contractor Address: Direct Contractor City: State M If a Construction Loan has not been obtained for this project at the time of the receipt of this request, please consider this an ongoing request and provide the name and address of the construction lender once the loan has been obtained. Please return this information to the undersigned, including a copy of this Request for Information to permit us to reference the proper file. Please also provide a copy of any payment bonds, not already provided to WALTERS WHOLESALE ELECTRIC CO., for this project. Dated: MARCH 9, 2023 Agent for WALTERS WHOLESALE ELECTRIC CO. c/o NCS P. O. Box 24101 Cleveland, OH 44124 Fax: 440-461-6202 Email: noticeorem(o)ricscredit.com Our Ref# N536438 432160 NCS[CA(N536438OW]B0 729 Miner Road Cleveland, OH 44143 CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WY PALM SPRINGS, CA 92262 USPS CERTIFIED MAIL TM 9414 8091 0971 2000 4184 95 ATTENTION r Why are you receiving this notice? Please visit http://www.ncscredit.com/notice for more -information: If you -have any additional zquestions, please email Selena --Rodriguez noticeprem@ncscredit.com Distribution List Track Number: 9414809109712000418495 CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WY PALM SPRINGS, CA 92262 Track Number: 9414809109712000418839 City Of Palm Springs Po Box 2743, Palm Springs, CA 92263 Track Number: 9414809109712000418822 FERREIRA CONSTRUCTION CO INC 10370 COMMERCE CENTER DR STE B-200 RANCHO CUCAMONGA, CA 91730 VE