HomeMy WebLinkAboutA5889 - STATE OF CA PROGRAM SUPPL AGR N027 FOR MEDIAN LANDSCAPING/NEW GATEWAY PARK PROGRFM SUPPLEMENT NO. N027 Date=June 21), 2001)
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ADMINISTERING AGENCY-STATE AGREEMENT Project Numbe7=FSPL6-S282(027)
FOR FEDERAL-AID PROJECT8 NO. 08-5282R E.A. Number;08-000214
This Program Supplemeni hereby incorporates Lhc Administering Al-cncy-Slate Agreement for Federal Aid which was entered into
bchvuen the Adnunisterme Agency and the State on 02/07/07 and is sublccL to all Lhe Lcnns and conditions thereof This Program
Supplement is executed m accordance with Article 1 of the afoienicri on d Master Ap-ccmcnt under mithoi iry of Resolunon No.
r/.�-1 �. ,apprue eCl by the Administering Agency on �j�01 (Sec copy attached).
The Adminislcring Agency lllrlher stipulates that as a collChtlon to the payment by State of any funds derived fiom sotnces rioted
below obligated to this projcol, the Admmish:ring Agency accepts and will comply with the Special covenants or Remarks setforth
on the following pages.
PROJECT LOCATION:
Gone Achy Trail From Vista Chinn TO Via F.scuela
TYPE OF WORK: Median landscaping and now gateway park LENGTH: 0.3 (MILES)
Estimated Cast Federal Funds Matching Funds
C220 S1,850,00000 DoczL OTHER
$1,950,000.00 $000 $0.00 S0,00
CLTV OF PPS,M SPRINGS STATE OF CALIFORNIA
Department of�lTrans TtatAon
By
Chief, Office of Project Implementation
Pate 9 /J'%ri~ Division of Local Assistance
Attee Date , , .O
Tit
I harvby acrt,t Ry Upon my pcx,onal knowyvdgc enst hvdyctod Pund, axe avai 7.ab Yc Pax th" ",=bxanec:
Accouzzting officer f.f�-�L� t% Date �� /()G S1,850,000.00
Chapter StaCivL•c, Ztcm - Xcar Program BC Cat¢gpxy Fund Svuxcc AMOUNT
268 2008 2660-603.890 2008-2009 20 30 100 S27 F 262042 898-F 1,850,000.00
P 0;,,-1 ,• 3R APPROVED BY CITY COUNCIL�t eu._1 I-.,� TO = ,oC� /^
€',dTl'OF FP.L{Ui SFRlIvGS
F 2743
FA4-N:SPRINGS,C:r1 52263
Program Supplement 08-5282R-Nn27- ISTEA Page 1 of 6
u8 KIV u . ui/131,009
ESPLE-5282(027)
SPECIAL COVENANTS OR REMARIO
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 only
available for disbursement for a period of six (6) years and seven (7) years, respectively,
from the start of the fiscal year(s) that those funds were appropriated within the State
Budget Act. All project funds not liquidated within these periods will revert unless an
executed Cooperative Work Agreement extending these dates is requested and is
approved by the California Department of Finance per Government Code Section 16304.
The exact date of each fund reversion will be reflected in the approved finance letter(s)
issued for this project.
Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement that is not
submitted to the Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's encumbered funds because all of
these unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on that date.
Pursuant to a directive from the State Controller's Office and the Department of Finance,
the last date to submit invoices for reimbursed work in each fiscal year is May 15th in
order for payment to be made out of those then current appropriations. Project work
performed and invoiced after May 15th will be reimbursed only out of available funding
that might be encumbered in the subsequent fiscal year, and then only when those funds
are actually allocated and encumbered as authorized by the California Transportation
Commission and the Department's Accounting Office.
3, The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
4• Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days after the project contract award- A copy of the
award package shall also be included with the submittal of the ADMINISTERING
AGENCY's first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
P. O. Box 942874
Sacramento, CA 94274-0001
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
Program Supplement 08-5282R-N027-ISTEA Page 2 of 4
08-RIV-0-PSP 07/13/2009
FSPLE-5282(027)
. SPECIAL COVENANTS OR REMARAD
Procedures Manual-
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.
6. 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 Administrating 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.).
7. 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).
8. 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:
Program Supplement 08-5282R-N027-ISTEA Page 3 of 4
08-RIV-0-PSP 07/13/2009
. F.,SPLE-5282(027)
• SPECIAL COVENANTS OR REMARS
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
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.
9. This PROJECT is programmed to receive Federal Transportation Enhancement Activities
(TEA) fund. The ADMINISTERING AGENCY agrees that any functional or operational
change to a TEA PROJECT, before, during or after PROJECT acquisition and/or
construction, that does not comply with, or is in conflict with, the TEA program
requirements and the original purpose of the project at the time it was programmed may
render the PROJECT ineligible for Federal reimbursement and ADMINISTERING
AGENCY may be required to reimburse STATE the entire amount of TEA funds
contributed to the project or the value of the TEA fund contribution, based upon the fair
market value of the acquisition and/or construction, at the time the conflict and/or non-
compliance is determined, whichever is greater-
Program Supplement 08-5282R-N027-ISTEA Page 4 of 4
RESOLUTION NO. 22591
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. 027-N TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS NO. 08-5282R WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $1,850,000
($1,850,000 ARRA FEDERAL FUNDS / $0 LOCAL FUNDS),
FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPE
IMPROVEMENT PROJECT, CITY PROJECT NO. 06-03,
FEDERAL-AID PROJECT NO. ESPLE-5282(027), AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY OF PALM
SPRINGS. A5889.
WHEREAS, the City of Palm Springs has submitted to the California Department of
Transportation a request for authorization to proceed with construction of new parkway
and median landscaping on Gene Autry Trail between Vista Chino and Via Escuela, and
construction of a new landscaped gateway entry at the southwest corner of Gene Autry
Trail and Vista Chino, requiring obligation of$1,850,000 of ARRA federal-aid funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. 027-N, an amendment to administering Agency-State
Agreement No. 08-5282R with the state of California, obligating $1,850,000 of American
Recovery and Reinvestment Act of 2009 ("ARRA") federal-aid funds for the Gene Autry
Trail Gateway Landscape Improvement Project (City Project 06-03), Federal Aid Project
No. ESPLE-5282(027).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. 027-N, an amendment to
administering Agency-State Agreement No. 08-5282R with the state of California,
obligating $1,850,000 of ARRA federal-aid funds for the Gene Autry Trail Gateway
Landscape Improvement Project (City Project 06-03), Federal Aid Project No. ESPLE-
5282(027), is approved.
SECTION 2. The City Manager is authorized to execute and administer the Program
Supplement Agreement as may be necessary.
ADOPTED THIS 2No DAY OF SEPTEMBER, 2009.
David H. Ready, Cityy.Ntlani ge'r--
Resolution No. 22591 .
Page 2
ATTEST-
es 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. 22591is 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 2no day of September,
2009, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tem Mills, Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ernes Thompson, City Clerk n9 b-i rz0-o'q
City of Palm Springs, California