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Home My WebLink AboutA6094 - STATE OF CALIFORNIA BELARDO FROM RAMON TO E PALM CANYON AND MESQUITE AND BELARDO TO CAHUILLA INTERPRETIVE CENTER CP 87-49 PROGRAM SUPPLEMENT NO. M012 Rev. 1 Date: March 30, 2011 to Location: 08-RIV-0-PSP ADMINISTERING AGENCY-STATE AGREEMENT Project Number: PLHL-5282(020) FOR FEDERAL-AID PROJECTS NO 08-5282 E.A. Number: 08-92473301 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 03/18/98 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. Al 9!♦y approved by the Administering Agency on MAY L-'.� 20/) (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: Belardo Road from Ramon Road to East Palm Canyon Drive and Mesquite Avenue from Belardo Road to Cahuilla Indian Interpretive Center TYPE OF WORK: Road extension and new bridge LENGTH: 1.0(MILES) Estimated Cost__ Federal Funds Matching Funds_ __ 4130 $2,999,999.21 LOCAL OTHER $4,459,102.21 $0.001, $1,459,103.00 AiPPROVED AS TO FCRDA CITY OF PALM SPRINGS •''_ / STATE OF CALIFORNIA DeparI t of Transportation By --- � B Title _ CjTY _._ ER APPROVED BY COlJNCI Chief, e of P ject Implementation ,( ,— Division of Lo I Assistance Date S__- 1!e- o�� J v( \� �J Date Attest - —_ Elil�---- I here y certify upon in personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer `� Date �3 �� $2.999.999.21 Chapter Statutes_L Item Year Program BC Category Fund Source I AMOUNT �— — —- RETURN TO: CITY CLERK CITY OF PALM SPRINGS Program Supplement 08-5282-M012-R1-ISTEA Page 1 of 4 BOX 2743 PALM SPRINGS,CA 92263 STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF(REV.01/2010) Page 1_af_7_ TO: STATE CONTROLLERS OFFICE DATE PREPARED: PROJECT NUMBER: Claims Audits 3/30/2011 08-0000-0825 3301 "C"Street,Rm 404 REQUISITION NUMBER!CONTRACT NUMBER: Sacramento,CA 95816 080000000625 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR I LOCAL AGENCY: CITY OF PALM SPRINGS CONTRACT AMOUNT: $2,325,194.00 PROCUREMENTTYPE: Local Assistance CHAPTER STATUTES ITEM YEAR PEC/PECT TASK I SUBTASK AMOUNT 712 2010 2660-102-890 2010-2011 20.30.010.820 2620/0400 $2,325,194.00 ADA Noti1 For individuals with sensory disabilities,this d=ment is available in attemate formals.For imormation,call(915)654-6410 of TDD(916)-38M or write Records and Forms Management,1120 N.Street,MS-69,Sacramento,CA 96814. 08-RIV-0-PSP 03/30/2011 PLHL-5282(020) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. 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. 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 Amend ment/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 Project Implementation. 6. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work 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. 7. 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). 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." 9. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every Program Supplement 08-5282-M012-111-ISTEA Page 2 of 4 08-RIV-0-PSP 03/30/2011 PLHL-5282(020) SPECIAL COVENANTS,OR REMARKS 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 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 11. 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 Excluded Parties List System (EPLS). 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 Program Supplement 08-5282-M012-R1-ISTEA Page 3 of 4 08,-iZIV-0-PSP 03/3012011 PLHL5282(020) SPECIAL COVENANTS OR REMARKS 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. 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 08-5282-M012-111-ISTEA Page 4 of 4 RESOLUTION NO. 22914 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. M012 'REV. 1 'TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282 WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $2,325,194, FOR THE BELARDO ROAD BRIDGE AND ROADWAY PROJECT, CITY PROJECT NO. 87-49, FEDERAL-AID PROJECT NO. PLHL-5282 (020) (CP 87-49) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS.A6094 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 Belardo Road Bridge and Roadway Project (City Project 87-49), requiring obligation Of$2,325,194 of Public Lands Highway ("PLHL") federal-aid funds; and WHEREAS, the California Department of Transportation has prepared Program Supplement Agreement No. M012 Rev. 1 to administering Agency-State Agreement No. 08-5282 with the state of California, obligating $2,325,194 of PLHL federal-aid funds for -- the Belardo Road Bridge and Roadway Project (City Project 87-49), Federal Aid Project No. PLHL-5282 (020). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Program Supplement Agreement No. M012 Rev. 1 to administering Agency-State Agreement No. 08-5282 with the state of California, obligating $2,325,194 of PLHL federal-aid funds for the Belardo Road Bridge and Roadway Project (City Project 87-49), Federal Aid Project No. PLHL-5282 (020), is approved. SECTION 2. The City Manager is authorized to execute and administer the. Program Supplement Agreement as may be necessary. ADOPTED THIS 4T" DAY OF MAY, 2011. ' CERTIFIED COPY. Y I certify that this Is a true and correct copy of the document David H. Ready, anger on file-in the official records of the City of Palm Springs. Chief Deputy City Clerk This certification must appear in blue with an original . signature. Resolution No.22914 Page 2 ATTEST: ames Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA. ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City 0erk of the City of Palm Springs, hereby certify that Resolution No. 22914 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 4th day of May, 2011, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tem Weigel, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. am es Thompson, City Clerk 85la'8 CRy of Palm Springs, California / F�.