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Home My WebLink About06044 - STATE OF CA DEPT OF TRANSPORATION FUNDING AGR INDIAN CYN DR / I10 INTCHG Kathie Hart From: Savat Khamphou Sent: Wednesday,June 22, 2016 3:26 PM To: Kathie Hart;Gianfranco Laurie Cc: Marcus Fuller;Tabitha Richards; Vonda Teed �Q Subject: RE:A6044-CalTrans You may close the agreement. \YJ Savat Khamphou City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 IAA G►t � t�[ �1 (760) 323-8253 Ext. 8744 (office) CALIFORMIA (760) 219-5404(cell) Savat.Khamphou cDPalmSpringsCA.gov Like no place else.' From: Kathie Hart Sent: Wednesday, June 22, 2016 1:47 PM To: Savat Khamphou; Gianfranco Laurie Cc: Marcus Fuller; Tabitha Richards; Vonda Teed Subject: A6044 - CalTrans This is for Program Supplement Agr No. 032-N Indian/1-10 Interchange CP 00-14. OK to close? fCGItdIGe Kathie Hart, MMC Chief Deputy City Clerk � r i CALI'FORNIA L.ko INS plorc 01 City of Palm Springs (760) 323-8206 3200 E. Tahquitz Canyon Way (760) 322-8332 Palm Springs,CA 92262 { Kathie.Hart@PalmSpringsCA.gov City Hall is open 8 am to 6 pm, Monday through Thursday,and closed on Fridays. 1 ^ %TATsop CALIFORNIA.BUS|wssm.TRAw8PORT*Txzm AND HOUSING AGENCY Arnold Sohwmomnunwn�Gnvnmo _ DEPARTMENT OF TRANSPORTATION Division of Local Assistance 112UNSTREET PD. BOX 84%874. M8# 1 Sacnonanto. CAS4274'U0O1 |TY711 - (810)654'3151 ' Fax(91O)053�821 - File : 08-R|V'10'P8P ~ ` x E8PLHPLU'5283(034)'~ Oeommher2O 2U18 ' ON 1'10AT|NOIAN CANYON AVE INTERCHANGE Mr. David BmnaWmn Director uf Public Works/City Engineer City of Palm Springs 32O0ETehAuitz Canyon Way Palm Springs, CAR22S3 Dear Mr. Banakian: Enclosed is your fully executed copy of Program Supplement Agreement No. 030'N to Administering Agency-State Agreement No. 08-5282R and mn approved Finance Letter, Please retain the signed Finance Letter for your records. !n accordance to Government Code 18304. Federal and State funds appropriated by the State budget are available for disbursement for limited padwdo of time. The attached Finance Letter shows the damdUnaa for liquidation as ''Flavaroion 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 |m unable to maak reimbursement by this date, you may request an extension through a Cooperative Work Agreement (CVVA). /\ CVVA is subject to the final approval of the State Department of Finance. K 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, IL RAYZHANG. Chid'x Office of Pnojeot |mp|amanbation - South f Division uf Local Assistance Enclosure o: DLAAE pno�lect Files (08) �7;LAE' SavatKhamphou ' DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 12/20/2010 DIVISION OF ACCOUNTING Agency: 08-RIV-10-PSP a, LOCAL PROGRAM ACCOUNTING BRANCH Project No: ESPLHPLU-5282(034) EA No: 08455708 Attention: City of Palm Springs FINANCE ITEMS TOTAL COST OF FEDERAL PART. FED.REIMB FEDERAL FEDERAL FEDERAL OTHER(STAT LOCAL OTHER(HPLU] WORK COST % E RIP) L 5282(035) C240 HY10 LY10 Contract Items: $25,998,220 Supplemental Work: $432,780 Contingencies: $1,321,990 Trainees: $8,800 =ed.Partic: Total: $27.761,790 { Construction $27,761,790.0 $27,761,790.00 27.01% — $5,517,500.0 $376,406.00 $1,603,372.O6. $13,656,000.00 $5,207,404.00 $1,401,106.00 Totals: $27,761,790.0 $27,761,790.00 0.00% $5,517,500.0C $376,408.00 $1,603,372.Oq $13,656,000.00 $5,207,404.00 $1,401,106.00 100.00% 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 d is provided here for local agency's Information and action. Signature: J[: 1 G { For questions regarding finance letter,contact: Title: i Printed Name: Rihui Zhang Chief Project Implement,r' South Telephone No: (916)653-6220 Remarks: Cooperative Agreement#8-1433 amend 1 1511 cert date:1/21/10 line 1. Related protect is HP21 L-5282(035) ACCOUNTING INFORMATION _ ESPLHPLU-5282(034) Adam.Proj,ID Approp.Unit State Prog. Fed[State Encumbrance Amount Approp Year Expenditure Amount Ecumbrance Balance Reversion Date 0800020303 10 01 2F 2030010680 ! F $1,979,780,00 0910 $0.00 $1,979,780.00 06130/15 0800020303 09603E 2030010810 l, F $5,517,500A0 0809 $0.00 $5,517,500.00 06/30/14 Page 1 of 1 s ROGRAM SUPPLEMENT NO. N030 Date:April 23, 2010 to Location:08-RIV-IO-PSP DMINISTERING AGENCY-STATE AGREEMENT Project Number:L'SPLHPLU-5282(034) OR FEDERAL-.AID PROJECTS NO. 08-5282R E.A. Number:0��55�H4��0��'JU�� laic 1'rograna Sup1 :nacnt hereby ittcorpot:rtcs the A•dtaainistcring Agency-State Agreement for Fccleral Aid which was entered into ;awee t ti.4 AJw� -isLcritag Agency and the State on 02✓07/07 and is subect to all he terms _uul cond;tions thereof. This Prograraa lit,, i 3. tcd i:, accordance with Article I of the afol-ensenti.on Ci Master Ag1'eC1Iaent under authority of Resolution N . u��lrrintaa' use g , approved by the Administet'ing Agency on, 12ZI1 1 JZD (See cony attached). he A-.1n'iinistei-tn;:;Agency ftu'ther stipulates that as a condition to the payment by State of any funds derived lroin sourrrs:aotcd Low oblig,'tcd to '!)is project, the Administering Agency accepts and will comply with the Special covenants of Remarks setforth n the following p,at,es. 'ROJECT LOCATION: )N T 10 AT INDIAN CANYON AVE INTERCHANGE 'YPE OF WORK: Roadway Widening(IC MODIFIC`.ATION) LENGTH: O (MILES) Estimated host _ Federal Funds Matching. Funds / > C240 $5,517,500.00 LOCAL Other Fund trtc t' +.cF $27,761,790.00 HY10 $376,408.00 $5,207,404,00 $1,401,106.00 $13,656,000.00 LY10 $1,603,372,00 'ITY OF PALM SPRINGS STATE OF CALIFORNIA r _ Department of 'Trans rtat"on 71 By "��r = —. By ` ?t. k It Chief, Office o Project Implementation Date /�(/�Z� a _T Division of Local Assistance Attest Date /2 z Ti t l,e� (t 1`rl IN AN A 6� I hereby certify upon my persona%nowledge that bud ted funds are available for this encumbrance: 9 Accounting Officer Date $7,497,280.00 Chapter Statutes ItOm' Year Program SC Category Fund Source AMOUNT 1 2009 2660-102-890 2009-2010 20.30-010.680 C 262042 892-F 1,979,780.00 268 2008 2660-603-890 2008-2009 20.30.010.810 li 262042 898-F 5,517,500.00 APP... APPROVLO BY CITY COUNCIL .. Program Supplement 08-5282R-N030- ISTEA page 1 of 5 ESPLHPLU-5282(034) ` SPECIAL COVENANTS OR REMARKS 1- 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). 2. 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. 3. 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. 4. 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 Program Supplement 08-5282R-N030-ISTEA Page 2 of 4 ESPLHPLU-5282(034) ` SPECIAL COVENANTS OR REMARKS 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. 5. 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.). 6. 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). 7. This project is financed, in whole or in part, with federal funds from the American Recovery and Reinvestment Act of 2009 (Recovery Act). ADMINISTERING AGENCY agrees: 1) Statutory provisions contained in Chapter 1 of Title 23 United States Code (U.S.C.) are applicable to all Recovery Act funded projects, 2) Costs incurred prior to the date of authorization are NOT eligible for reimbursement with federal Recovery Act funds, 3) Federal Prevailing Wage Rate requirements apply to all Recovery Act funded construction projects regardless of location (including projects on local roads and rural Program Supplement 08-5282R-N030-ISTEA Page 3 of 4 ESP.LHPLU-5282(034) SPECIAL COVENANTS OR REMARKS minor collectors, and Transportation Enhancement projects outside the highway right of way). ADMINISTERING AGENCY agrees to include the appropriate wage rate information in the contract and also include a contract provision that overrides the general applicability provisions in form FHWA-1273, Sections IV and V, 4) To expend and invoice for all Recovery Act funds prior to using other funds, and 5) To comply with the reporting requirements, terms and conditions set forth in Sections 1201 and 1512 of the Recovery Act and as designated by the STATE. Failure to comply will result in retentions from progress payments due ADMINISTERING AGENCY and/or other sanctions, 6) Recovery Act funds are available for liquidation only until September 30, 2015 when the remaining balance of Recovery Act funds will expire. ADMINISTERING AGENCY agrees to submit an invoice for the balance of project Recovery Act funds (if any) to the STATE prior to July 1, 2015. 8. This project is subject to a separate Cooperative Agreement between the ADMINISTERING AGENCY and the State. Program Supplement 08-5282R-N030-ISTEA Page 4 of 4 d RESOLUTION NO. 22843 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 030-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $7,497,280, FOR THE INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE, CITY PROJECT NO. 00-14, FEDERAL-AID PROJECT NO. ESPLHPLU-5282 (034), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS. A6044 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 Indian Canyon Drive at Interstate 10 Interchange Project (City Project 00-14), requiring obligation of $5,517,500 of American Reinvestment and Recovery Act of 2009 ("ARRA") federal-aid funds, and $1,979,781 of SAFETEA-LU High Priority Project ("HPLU") federal-aid funds; and WHEREAS, the California Department of Transportation has prepared Program Supplement Agreement No. 030-N to administering Agency-State Agreement No. 08- 5282R with the state of California, obligating $5,517,500 of ARRA federal-aid funds and $1,979,781 of HPLU federal-aid funds for the Indian Canyon Drive at Interstate 10 Interchange Project (City Project 00-14), Federal Aid Project No. ESPLHPLU-5282 (034). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Program Supplement Agreement No. 030-N to administering Agency-State Agreement No. 08-5282R with the state of California, obligating $5,517,500 of ARRA federal-aid funds and $1,979,781 of HPLU federal-aid funds for the Indian Canyon Drive at Interstate 10 Interchange Project (City Project 00-14), Federal Aid Project No. ESPLHPLU-5282 (034), is approved. SECTION 2. The City Manager is authorized to execute and administer the Program Supplement Agreement as may be necessary. CERTIFIED COPY I certify that this is a true and correct copy of the document on file in the official records of the City of Palm Springs. City Clerk 7Thiscekif7icafion must appear in blue with an origini signature. Resolution No. 22843 Page 2 ADOPTED THIS 15T" DAY OF DECEMBER, 2010. David H. Ready, C4 arlager ATTEST: 'J 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. 22843 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 15th day of December, 2010, by the following vote: _.......... _. . - ---- ---- --- - . _-- AYES: Councilmember Foat, Councilmember Mills, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. J mes Thompson, City Clerk J� tZ� U City of Palm Springs, California 1 I