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Home My WebLink AboutA6482 - STATE OF CA - FEDERAL AID PROJECT - INDIAN AVE @ WW RIVER; PROGRAM SUPPLEMENT # N042 RFTURN TO: CITY CLERK CITY OF PALM SPRINGS BOX 2743 PROGRAM SUPPLEMENT NO. N042 PALM SPRINGS,CA 922fi3dv Project ID Date: September 26, 2013 to 0812000180 Location: 08-RIV-0-PSP ADMINISTERING AGENCY-STATE AGREEMENT Project Number: ER-18D3(075) FOR FEDERAL-AID PROJECTS NO 08-5282R 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 02107/07 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. Z3y 9 o approved by the Administering Agency on 4 _ - 2 j`-I (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 Ave. at Whitewater River DAF#HCR-PSP-003-0.,.A TYPE OF WORK: Emergency Opening LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds 09X0 $28.600,00 LOCAL OTHER $28,600.00 $0.00 $0.00 CITY OF PALM SPRING ' / APPROVED BY CITY COUNCIL STATE OF CALIFORNIA .6 Depa of sportation By rr/FFF»' V\6A ZIA Y�by0C7_ B 2 Y Title. y Jl Chief to raja mplementation Di n of Local ! es' tance Date a.\a aD1l� J// "14 ate Aft I h tycertity upon my personal knowledge that budgeted funds are available for this encumbrance. Accounting Officer '" � Date /O/ $28.600,00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 08-5282R-N042-ISTEA Page 1 of 4 1 «. STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION PROGPAM SUPOLMENT AND CERTIFICATION FORM PSCF(REV.^1/2010) Page 1 of 1 TO: STATE CUNTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER: Claims Audits 10/2412013 0812000180 3301 "C"Street,Rm 404 REQUISITION NUMBER/CONTRACT NUMBER: Sacramento,CA 96818 RQS 081400000209 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR/ LOCAL AGENCY: CITY OF PALM SPRINGS $ 28,600.00 PROCUREMENT TYPE: Local Assistance CHAPTER STATUTES ITEM YEAR PECIPECT TASK/SUBTASK AMOUNT 21 2012 2660-102-0890 12-13 2030010650 2250/0000 $ 28,600.00 ADA NOtll For individuals with sensory disabilities,this document is available in alternate formats.For information,call(915)654-6410 of TOO(916)-3880 or write Records and Forms Management,1120 N.Street,MS-89,Sacramento,CA 95814. 08-RiV-0-PSP 09/2612013 ER-18D3(0751 SPECIAL COVENANTS OR REMARKS 1. 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. 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. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work by future Federal obligations may 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. 6. 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). 7. 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. 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." Program Supplement 08-5282R-N042-ISTEA Page 2 of 4 08-Rhy-0-PSp 0 912 612 01 3 ER-18D3(075) SPECIAL COVENANTS OR REMARKS 9. 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. 10. The 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 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 andlor the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 11. 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 phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. Program Supplement 08-5282R-N042- ISTEA Page 3 of 4 08AW-0-WP 0 9/2 61201 3 ER-18D3(075) SPECIAL COVENANTS OR REMARKS 12. 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. 13. Disaster No. CA11-1 (Winter Storms) - Emergency Opening work will be reimbursed at 100% if completed within 180 days from the date of the Governor's Proclamation. The Governor's Proclamation is dated December 18, 2010. ADMINISTERING AGENCY records must clearly identify those costs incurred on or after December 18, 2010. Incurred costs are defined as disbursements made or in process goods and services delivered. Emergency Opening work completed after June 15, 2011, will be funded at the federal-aid reimbursement ratio of 88.53%. Restoration work, including preliminary engineering will be reimbursed at an 88.53% ratio. The ADMINISTERING AGENCY will be responsible for the matching requirement. Program Supplement 08-5282R-N042- ISTEA Page 4 or 4