HomeMy WebLinkAboutA6122 - STATE OF CALIFORNIA CP#08-25 RAMON RD FROM SAN LUIS REY TO LANDAU BLVD 'Ab�aa
PROGRAM SUPPLEMENT NO. N036 Rev. 1 Adv Project ID Date: June 23, 2016
to 0800020453 Location: 08-RIV-0-PSP
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: BHLS-5282(040)
FOR FEDERAL-AID PROJECTS NO 08-5282R E.A. Number: 08-925238
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. 7.LJ01Q7 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:
Ramon Road from San Luis Rey Drive to Landau Boulevard, Br. No. 56C-0287
TYPE OF WORK: Bridge rehabilitation and widening from four to six lanes LENGTH: 0.8(MILES)
Estimated Cost Federal Funds —� Matching Funds
MOE1 $2,282,923.00 LOCAL OTHER
LICE $1,200,732.00
$6,134,000.00 $451,345.00 $2,199,000.00
CITY O PALM SPR NGS STATE OF CALIFORNIA
Departme t of Transpo tion
By /� BY
Title E 7 Chief, Office of Project Implementation
�) Division f Local Assistance
Date ��,
Date
Attu
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer Pv4 Date $3,483,655.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
APPROVED SY CITY COUNCIL
Program Supplement 08-5282R-NO36-R1-ISTEA Page 1 of 6
t\.11aa
STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF(REV.0112010)
Page t_or t_
TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER
Claims Audits 6123/2016 0800020463
3301"C"Street,Red 404 REQUISITION NUMBER 1 CONTRACT NUMBER'.
Sacramento,CA 95816 CT-2660-085282036N-16
FROM:
Department of Transportation
SUBJECT
Encumbrance Document
VENDOR I LOCAL AGENCY.
CITY OF PALMSPRINGS
$3,483,655.00
V
Local Assistance
CHAPTER STATUTES ITEM YEAR PECIPECT TASKISUBTASK AMOUNT
712 2010 2660-102-0890 2010-2011 20.30.010.300 A M/0(16 $1,200,732.00
25 2014 2660-102-0890 2014-2015 20.30.010.300 2-670%V60 $1,252,434.00
10 2015 2660-102-0890 2015-2016 20.30.010.300 26zv OVdO $1,030,489.00
TOTAL 3,483,655.00
ADA Nob
For urdividuals with sensory disabildies,this document is available in alternate formats.For information,call(915)5546410 of TDD(916)-3880 or wnte
Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814.
08-RIV-0-PSP 06/23/2016
BHLS-5282(040)
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 08-5282R-N036-R1-ISTEA Page 2 of 6
08-RIV-0-PSP 0612312016
BHLS-5282(040)
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 08-5282R-N036-Rt-ISTEA Page 3 of 6
08-RIV-0-PSP 06/23/2016
BHLS-5282(040)
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 08-5282R-N036-R1-ISTEA Page 4 of 6
08-RIV-0-PSP 06/23/2016
BHLS-5282(040)
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 08-5282R-N036-R1-ISTEA Page 5 of 6
08-RIV-0-PSP 06/23/2016
BHLS-5282(040)
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 08-5282R-N036-R1-ISTEA Page 6 of 6
RESOLUTION NO. 24067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. N036-R1 (AMENDMENT NO. 1
TO CITY AGREEMENT NO. 6122) TO ADMINISTERING
AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS
NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE
AMOUNT OF $3,483,655 FOR THE RAMON ROAD BRIDGE
WIDENING OVER THE WHITEWATER RIVER (CP 08-25)
FEDERAL-AID PROJECT NO. BHLS-5282 (040), AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS.
A6122.
WHEREAS, on July 6, 2011, the City Council of the City of Palm Springs adopted
Resolution No. 22987 approving Program Supplement Agreement No. N036 to
administering Agency-State Agreement No. 08-5282R with the state of California,
obligating $1,200,732 of HBP federal-aid funds for the Ramon Road Bridge Widening
over the Whitewater River, (City Project 08-25), Federal Aid Project No. BHLS-5282
(040); and
WHEREAS, Program Supplement Agreement No. N036 'is identified as City
Agreement No. 6122; and
WHEREAS, the California Department of Transportation has prepared a new
Program Supplement Agreement No. N036-R1 to administering Agency-State
Agreement No. 08-5282R with the state of California, obligating $3,483,655 of HBP
federal-aid funds for the Ramon Road Bridge Widening over the Whitewater River, (City
Project 08-25), Federal Aid Project No. BHLS-5282 (040); and
WHEREAS, it is necessary to approved the new Program Supplement
Agreement No. N036-R1, which will be identified as Amendment No. 1 to City
Agreement No. 6122.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. N036-R1 to administering
Agency-State Agreement No. 08-5282R with the state of California, obligating
$3,483,655 of HBP federal-aid funds for the Ramon Road Bridge Widening over the
Whitewater River, (City Project 08-25), Federal Aid Project No. BHLS-5282 (040), is
approved, and identified as Amendment No. 1 to City Agreement No. 6122.
SECTION 2. The City Manager is authorized to execute and administer the
Program Supplement Agreement as may be necessary.
Resolution No. 24067
Page 2
ADOPTED THIS 3RD DAY OF AUGUST, 2016.
David H. Ready, City Hager
ATTEST:
,,�qmes 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. 24067 is a full, true and correct copy, and was duV adopted at a regular
meeting of the City Council of the City of Palm Springs on the 3r day of August, 2016,
by the following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts,
Mayor Pro Tem Mills, and Mayor Moon.
NOES: None.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk
City of Palm Springs, California o8 jall 2a f
Cr- TIRED CCPY
I certify that this is a t ue and car;ect cecy of thn document
on file in the official records of the City of FLs! t springs.
Ghie'r
ds certification must appear in bi• e vvm ,
_,Cure,
BALM So
City of Palm Springs
* Marcus Fuller
* 0`oRrow Eo`�a + Assistant City Manager-Engineer
4' lFO 3200 E.Tah(ILHU Canyon Way,Palm Springs, CA 992262
Tel 760.322.8380 • Fax 760.323.8207 • TDD 760.864.9527
Marcus.Fuller@palmspringsca.gov • www,palmspingsca.gor
TRANSMITTAL
DATE: September 26, 2016
TO: City Clerk
FROM: Vonda Teed, Engineering Secretary
for Marcus Fuller, Assistant City Manager/City Engineer
SUBJECT: Executed Program Supplement Agreement No. N036 Rev. 1, City Project
08-25, Ramon Bridge Widening Project
Message: Enclosed please find original agreement for the subject project for your records. If
you have any questions, please do not hesitate to contact Marcus Fuller, Assistant
City Manager/City Engineer, (760) 322-8380.
Enclosure: Freeway Agreement
xe: Project File
Chron File
PO Box 2743, Palm Springs, California 92263
4STATE OF CALIFORNIA.BUSINESS,TRANSPORTATION AND HOUSING AGENCY EDMUND G.BROWN Jr.Governor
DEPARTMENT OF TRANSPORTATION p
Division of Local Assistance c?o cis —2 4 ,
1120 N STREET
P.O. BOX 942874, MS#1
Sacramento, CA 94274-0001
TTY711 ;-.,,a F L Luji
(916)654-3151
Fax(916)653-7621 - File: 08-RIV-0-PSP
`�-(li10EYSYlE'11LV157(YJ4 BHLS-5282(040)
August 17, 2011 Ramon Rd from San Luis Rey Dr to
Landau Blvd
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. 036-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 Government Code 16304 does not supersede any other more restrictive expenditure deadlines.
Sincerely,
RAY k/C hie/f
Office of Project Implementation -South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08)DLAE- Savat Khamphou
PROGRAM SUPPLEMENT NO. N036 Date: June 6, 2011
to Location: 08-RIV-0-PSP
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: BHLS-5282(040)
FOR FEDERAL-AID PROJECTS NO 08-5282R E.A. Number: 08-925238
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. 2Z9 8-7 approved by the Administering Agency on (c lid lj 2C j
(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: - - -
Ramon Rd from San Luis Rey Dr to Landau Blvd
TYPE OF WORK: Bridge Rehabilitation & Widening (P), Br# 56CO287 and Roadway LENGTH:0.8(MILES)
Widening(N-P)from 4 to 6 lanes
Estimated Cost Federal Funds Matching Funds
L10E $1,200,732.00 LOCAL OTHER
$1,650,000.00 $449,268.00 $0.00
CITY OF PALM SPRINGS STATE OF CALIFORNIA
I-11PPROM AS TO FORM Depa an of Transportation
By ,�jfI B
Chief,&6 of roject Implementation
Title �tty Attorney Division of Local Assistance
Date Do% �cr> 3 -- Date --
Attes
tTY CLM--- .—..- — --- — -- -
hereby certify upon my personal knowledge that,budgeted funds are available for this encumbrance:
Accounting Officer Date 4�1j�fitf $1,200.732.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
APPROVED BY CITY COUNCIL
-d• �� 21 - AWI Program Supplement 08-5282R-N036-ISTEA Page 1 of 3
♦ ry
STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF(REV.01/2010)
Page_t_of_t
TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER:
Claims Audits 6/6/2011 08-0002-0453
3301 "C"Street,Rm 404 REQUISITION NUMBER/CONTRACT NUMBER:
Sacramento,CA 95816 080000000877
FROM.
Department of Transportation
SUBJECT'.
Encumbrance Document
VENDOR/ LOCAL AGENCY:
CITY OF PALM SPRINGS
CONTRACT AMOUNT.
$1,200,732.00
PROCUREMENT TYPE:
Local Assistance
CHAPTER STATUTES ITEM YEAR PEC/PECT TASK/SUBTASK AMOUNT
712 2010 2660-102-890 2010-2011 20.30.010.300 2240/0600 $1,200,732.00
ADA NOtll For individuals with sensory disabilities,this document is available in alternate formats.For information,call(915)654-6410 of TDD(916)-3880 or write
Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814.
08-RIV-0-PSP 06/06/2011
BHLS-5282(040)
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 a!iy 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-N036-ISTEA Page 2 of 3
08-RIV-0-PSP 06/06/2011
BHLS-5282(040)
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-N036-ISTEA Page 3 of 3
RESOLUTION NO. 22987
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. N036 TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS NO. 08-5282R WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $1,200,732,
FOR THE RAMON ROAD BRIDGE WIDENING OVER THE
WHITEWATER RIVER, FEDERAL-AID PROJECT NO.
BHLS-5282 (040), AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT ON BEHALF
OF THE CITY OF PALM SPRINGS (CP 08-25). A6122.
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 Ramon Road Bridge Widening over the Whitewater River, (City Project 08-
25), requiring obligation of $1,200,732 of Highway Bridge Program ("HBP") federal-aid
funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. N036 to administering Agency-State Agreement No. 08-
5282R with the state of California, obligating $1,200,732 of HBP federal-aid funds for
the Ramon Road Bridge Widening over the Whitewater River, (City Project 08-25),
Federal Aid Project No. BHLS-5282 (040).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. N036 to administering Agency-State
Agreement No. 08-5282R with the state of California, obligating $1,200,732 of HBP
federal-aid funds for the Ramon Road Bridge Widening over the Whitewater River, (City
Project 08-25), Federal Aid Project No. BHLS-5282 (040), is approved.
SECTION 2. The City Manager is authorized to execute and administer the Program
Supplement Agreement as may be necessary.
Resolution No. 22987
Page 2
ADOPTED THIS 6th day of July, 2011.
David H. Read anager
ATTEST:
ames 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. 22987 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 Tem Weigel.
NOES: None.
ABSENT: Mayor Pougnet.
ABSTAIN: None.
AMES THOMPSON, CITY CLERK
City of Palm Springs, California
DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 08/16/2011 -
DIVISION OF ACCOUNTING Agency: 08-RIV-0-PSP r
LOCAL PROGRAM ACCOUNTING BRANCH Proiect No: BHLS-5282(040)
EA No: 08-925238
Attention: City of Palm Springs
FWMtE TEMS - TOTAL COST OF FEDERAL PART.TFED.REIMB% FEDERAL LOCAL
WORK COST
LICE
Enviromental Studies&Permits si.eso,000.o $1,356,300.0 86.53% $1,200,732.0 $449,263.00
NWANSEEM
Fed.Partic: Agency Preliminary Engineering- $o.o so.o o.00% $0.0 $0.0
PS&E
R/W Acquisition $O.o $0.0 0.00% $0.0 $0.0
Construction $o.o $0.0 0.00% $0.0 $0.0
Totals: $1,850,000.0 - -$1,358,700.0 0.00% 1,200,T32.0 $449,268.00
82.20% This Finance Letter was created based on specific financial information provided by the responsible local agency.The following
encumbrance istory is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.
Signature: For questions regarding finance letter,contact:
Title: HQ Area Engine Printed Name: Albert Soares
---- - - --- -- -------- - Telephone No: (916)653-7140
Remarks: This LP2000 FL is based on the City's FL dated 417/11 except for the missing federal reimbursement ratio. Federal participating limits are from 200'west of the west bridge abutment to Landau
Blvd The City shall not bill for non-participating PE work.
ACCOUNTING INFORMATION BHLS-5282(040)
Adv.Proj.ID Approp.Unit State Prog. Fed/State Encumbrance Amount Approp Year Expenditure Amount Ecumbrance Balance Reversion Date
--- 0800020453 11102F 203001M T- F_ _ $1,200,732.00 -. _ [. 1011 L. $0.00_ T $1,20Q732.00 T 06/30/16
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