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HomeMy WebLinkAboutA6121 - STATE OF CALIFORNIA CP10-10 VISTA CHINO E GENE AUTRY AT WHITEWATER STATE OF CALIFORNIA.BUSINESS,TRANSPORTATION AND HOUSING AGENCY EDMUND G.BROWN Jr.Governor DEPARTMENT OF TRANSPORTATION \E — �.Division of Local Assistance c� jVEjS GT,O ��'"�l� 1120 N STREET — -- ' P.O. BOX 942874, MS#1 ` Sacramento,CA 94274-0001 AUG 2 ? zf 1 j TTY 711 (916)654-3151 1 Fax(916)653-7621 File: 08-RIV-0-PSP BR-NBIL(513) August 17, 2011 Vista Chino Road,east of Gene Autry Trail,at Whitewater River 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: Enclosed is your fully executed copy of Program Supplement Agreement No. 035-N to Administering Agency-State Agreement No. 08-5282R and an approved Finance Letter. Please retain the signed Finance Letter for your records. In accordance to Government Code 16304, Federal and State funds appropriated by the State budget are available for disbursement for limited periods of time. The attached Finance Letter shows the deadlines for liquidation as 'Reversion Dates". Please ensure that your invoices are submitted at least 60 days prior to the Reversion Date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date, you may request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up to one year to federal funds and up to three years for State funds. Please note that Govemment Code 16304 does not supersede any other more restrictive expenditure deadlines. Sin erely, �j RAY ZHANG, Chief I Office of Project Implementation -South Division of Local Assistance Enclosure c: DLA AE Project Files (08) DLAE-Savat Khamphou PROGRAM SUPPLEMENT NO. N035 Date: June 6, 2011 to Location: 08-RIV-0-PSP ADMINISTERING AGENCY-STATE AGREEMENT Project Number: BR-NBIL(513) FOR FEDERAL-AID PROJECTS NO OS-5282R AA V Sommer: Z)1 o"2.t31+,52 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. 2 2 9,?6 approved by the Administering Agency on (o J U I y 20/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: Vista Chino Road, east of Gene Autry Trail,at Whitewater River TYPE OF WORK: Replace 4-lane low water crossing with a 4-lane bridge LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds LICE $885,300.00 LOCAL OTHER $1,000,000.001 $114,700.00I $0.00 CITY OF PALM SPRINGS STATE OF CALIFORNIA Departm t of Transportation By s7��,�_ PRO AS TO F M B Title City Mana ell Chief,O c of ject Implementation 4 Division of Local Assistance Date --- ally Attorney Date -�Cl- Attes a _ a0/,T �/f - 11 � Jerk —_ B I h y certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer__1A&, au"- Date b �__ . $885,300.00 Chapter Statutes Item I Year Program _. BC Category. Fund Source AMOUNT APPROVED BY MYCOUNCIL 1 b•\` a Y\ Pb \ Program Supplement 08.5282R-N035-ISTEA Page 1 of 3 STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF(REV.0112010) Page_1_of 1_ TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER: Claims Audits 616/2011 08-0002-0452 3301 "C"Street,Rm 404 REQUISITION NUMBER/CONTRACT NUMBER: Sacramento,CA 95816 080000000875 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR/ LOCAL AGENCY: CITY OF PALM SPRINGS CONTRACT AMOUNT: $885,300.00 PROCUREMENTTYPE: Local Assistance CHAPTER STATUTES ITEM YEAR PEC/PECT TASKISUBTASK AMOUNT 712 2010 2660-102-890 2010-2011 20.30.010.300 2240/0600 $885,300.00 ADA Noth For individuals with sensory disabilities,this document is available in alternate formats.For information,call(915)654-6410 of TDD 1916)-3880 or write Records and Forms Management,1120 N.Street,MS-89,Sacramento,CA 95814. u 08-kIV-0-PSP 0 6/0 612 01 1 BR-NBIL(513) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. 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). 3. 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. 4. 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 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 5. As a condition for receiving federal-aid highway funds for the PROJECT, the Program Supplement 08-5282R-N035-ISTEA Page 2 of 3 08-RIV-0-PSP 06/06/2011 BR-NBIL(513) SPECIAL COVENANTS OR REMARKS 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). 6. 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. 7. 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. Program Supplement 08-5282R-N035-ISTEA Page 3 of 3 RESOLUTION NO. 22986 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N035 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $885,300, FOR THE VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER, FEDERAL-AID PROJECT NO. BR-NBIL (513), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS (CP 10-10). A6121. WHEREAS, the City of Palm Springs has submitted to the California Department of Transportation a request for authorization to proceed with the Preliminary Engineering phase of the Vista Chino Low Water Crossing Bridge Replacement at the Whitewater River, (City Project 10-10), requiring obligation of$885,300 of Highway Bridge Program ("HBP") federal-aid funds; and WHEREAS, the California Department of Transportation has prepared Program Supplement Agreement No. N035 to administering Agency-State Agreement No. 08- 5282R with the state of California, obligating $885,300 of HBP federal-aid funds for the Vista Chino Low Water Crossing Bridge Replacement at the Whitewater River, (City Project 10-10), Federal Aid Project No. BR-NBIL (513). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Program Supplement Agreement No. N035 to administering Agency-State Agreement No. 08-5282R with the State of California, obligating $885,300 of HBP federal-aid funds for the Vista Chino Low Water Crossing Bridge Replacement at the Whitewater River, (City Project 10-10), Federal Aid Project No. BR-NBIL (513), is approved. SECTION 2. The City Manager is authorized to execute and administer the Program Supplement Agreement as may be necessary. Resolution No. 22986 Page 2 ADOPTED THIS 6th day of July, 2011. David H. Ready, C' ager ATTEST: mes Thompson, City Clerk 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. 22986 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 July 6, 2011, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Weigel. NOES: None. ABSENT: Mayor Pougnet. ABSTAIN: None. es Thompson, City Clerk ity of Palm Springs, California DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 08/15/2011 DIVISION OF ACCOUNTING Agency: 08-RIV-0-PSP - LOCAL PROGRAM ACCOUNTING BRANCH Project No: BR-NBIL(513) EA No: Attention: City of Palm Springs FINANCE REMS TOTAL COST OF FEDERAL PART. FED.REIMS% FEDERAL LOCAL WORK COST LICE Enviromental Studies 8 Permits $1,000,000.0 $1,000,0000 88.53% $8853000 $114,700.06 Fed. Panic: Plans,Specifcations&Estimates $0.0 $0.0 0.00% $0.0 $0.0 R/W Acquisition $0.0 $0.0 0.00% $0.0 $0.0 Construction $0.0c $0.0( 0.00% $0.0 $0.0 Totals: E+,000,000.0$ LoOo,aoo.o o.00% $ee5,$00.10 S+u,Too.o 100.006% This Finance Letter was created based on specific financial information provided by the responsible local agency.The following encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action. Signature: ky��� For questions regarding finance letter,contact: Title: HQ Area Engineer Printed Name: Albert Soares Telephone No: (916)653-7140 Remarks: This LP2000 FL is based on the City's FL dated 1/13/11. ACCOUNTING INFORMATION - BR-NBIL(513) Adv.Proj.ID Approp.Unit State Prog. Fed/State Encumbrance Amount Approp Year Expenditure Amount Ecumbrance Balance Reversion Date 0800020452_ 1 11102F_ 2030010300 F _ I - $885,300.010 loll .__$0.00 $885,300.00 06/30/16 Page 1 of 1