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Home My WebLink AboutA5988 - STATE OF CA PROGRAM SUPPL AGR FOR VISTA CHINO AT FARRELL DR STREET IMP CP 09-11 PROGRAM SUPPLEMENT NO. N031 Date:May 17,2010 to Location:08-RIV-0-PSP ADMINISTERING AGENCY-STATE AGREEMENT Project Number:CML-5282(037) FOR FEDERAL-AID PROJECTS NO. 08-5282R E.A. Number:08-925182 This Program Supplement hereby 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. "Phis Program Supplement is eXCCLlted ill accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. 12-74-Z- ,approval by the Administering Agency ora (See copy attached). The Administering Agency further stipulates that as a condition to the payment by 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 setforth on the following pages- PROJECT LOCATION: In Coachella Valley in City of Palm Springs-Farrell Dr/SR111 (Vista Chinn Rd)Intersection TYPE OF WORK: Construct separate RT lane on NB Fan-ell Dr incl modify traffic signal LENGTH: O(MILES) Estimated Cost Federal Funds Matching Funds L40E $40,000.00 LOCAL OTHER $45,183.00 $5,1.83.00 $0.00 $0.00 CITY OF PALM SPRINGS STATE OF CALIFORNIA Department of Transportation V By Chief, Office of Project Implementation Date � S� _ Division of Local Assistance T a, I hereby certify upon my personal knowledge that budrted funds are available for this encumbrance: Accounting Officer r / Y� r Date '� '( 7) �(�� $40,000.00 Chapter Statutes Item I Year - Program BC Category Fund Source AMOUNT 1 2009 2660-102-890 2009-2010 20.30.010.820 C 262040 892-F 40,000.00 APPROVED BY CITY COUNCIL ��-tV)--\0 �. "711r X 2''; "��> Program Supplement 08-5282R-NO31- ISTEA Page 1 of 3 CML-5282(037) 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, and invoice payments for any on-going or future federal-aid 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 Administering Agency certifies that NO members of the elected board, council, or other Program Supplement 08-5282R-N031- ISTEA Page 2 of 3 C!MJ--5282(037) SPECIAL COVENANTS OR REMARKS key decision makers are on the Federal Government Excluded Parties List System (EPLS). 6• 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. 7. 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. Program Supplement 08-5282R-N031- ISTEA Page 3 of 3 RESOLUTION NO. 22742 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 031-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $45,183 ($40,000 CMAQ FEDERAL FUNDS / $5,183 TRAFFIC MITIGATION FEES), FOR THE VISTA CHINO AT FARRELL DRIVE STREET IMPROVEMENTS, CITY PROJECT NO. 09-11, FEDERAL-AID PROJECT NO. CML- 5282(037), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS. 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 at Farrell Drive Street Improvements (City Project 09-11), requiring obligation of$40,000 of CMAQ federal-aid funds; and WHEREAS, the California Department of Transportation has prepared Program Supplement Agreement No. 031-N to administering Agency-State Agreement No. 08- 5282R with the state of California, obligating $40,000 of Congestion Mitigation and Air Quality ("CMAQ") federal-aid funds for the Vista Chino at Farrell Drive Street Improvements (City Project 09-11), Federal Aid Project No. CML-5282 (037). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Program Supplement Agreement No. 031-N to administering Agency-State Agreement No. 08-5282R with the state of California, obligating $40,000 of CMAQ federal-aid funds for the Vista Chino at Farrell Drive Street Improvements (City Project 09-11), Federal Aid Project No. CML-5282 (037), is approved. SECTION 2. The City Manager is authorized to execute and administer the Program Supplement Agreement as may be necessary. CONY ,`t-"fify th-lt ff,_, i tri.,a and correct copy of the document c7, in the '4;_iai ;r cords of the City of Palm Springs. __....-..- p L! i , D f lty City Clork must appear in blue with an original Resolution No. 22742 Page 2 ADOPTED THIS 16T" DAY OF JUNE, 2010. David H. Ready, _ lanager 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. 22742 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 16th day of June, 2010, by the following vote: AYES: Councilmember Foat, Councilmember Mills, Councilmember Weigel, Mayor Pro Tem Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. 'J es Thompson, City Clerk ity of Palm Springs, California