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Home My WebLink About05475 - STATE OF CA PROGRAM SUPPL AGR INDIAN CYN DR AT WHITEWATER RIVER ROADWAY REPLACEMENT Cindy Berardi From: Vonda Teed Sent: Tuesday, May 29, 2018 7:39 AM To: Cindy Berardi Cc: Tabitha Richards Subject: RE: A5475 State of CA Program Suppl 02 Okay to close. Vonda L.Teed 4 J Engineering Secretary / City of Palm Springs r Engineering Services Department 760-323-8253 X8737 From: Cindy Berardi Sent: Thursday, May 24, 2018 10:13 AM To: Vonda Teed Cc: Tabitha Richards Subject: A5475 State of CA Program Suppl 02 Is it OK to close this one? t PROGRAM SUPPLEMENT NO. N020 rah �;-')tin Date:February 26, 2007 to Wit r EFlU"chi S°C�]V41!uu Locat ion:08-R1V-0-PSP ADMINISTERING AGENCY-STATE AGREEMENT CI ;(2a`S Project Nvinber;ER-4211(012) FOR FEDERAL-AID PROJECTS NO. 08-5282R "-''"1 � `G`� '� E"A- Nuznbar:08-924960 This Program Supplement hereby incorporates the Adminssterinb 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. �a I Fly I ,approved by the Administering Agency on ez�loz l,9-7 (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: Indian Canyon Drive at the Whitewater River, in Palm Springs. DAF ft WWL-PSP•001-0 TYPE OF WORK:Roadway Replacement LENGTH- O(MILES) Estimated Cost Federal Funds Matching Funds L"R60 $166,980.00 LOCAL OTIIF,R $166,980.00 $0.00 $0.00 50.00 CITY OF PALM SPRINGS STATE OF CALIFORNIA Depa.rtme of Transportation t � By X - •� Chief, Office of Project Ymp,lemantation Bata d Division of Local Assistance Attes Data ,S'Jy; c�-7 Tit. II Ir'9 ,G'I_h V;165 I hereby certify upon nW personal ]mowledge that budgeted fund are available Evr this encumbrance: Accounting Offic f Date ' $166,980.00 chapter Statutes Item Yoar Program 8c Cat gory Pund Source .lNoi1NT 38 2005 2660-102-890 2005-2000 20,30.010.650 C 225000 S92-F 166,980-00 APPROVED By CITY COUNCIL Program Supplement 08-5282R-N020- TSTEA Page 1 of 5 0S-RIV•0-PSP 02/26/2007 ER4211(012) SPECIAL COVENANTS OR REMARKS 1. 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. 2. 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. 3. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHKA) in the Federal-Aid Project Authorization/Agreement or Amendment/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. 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. 0. Sox 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 Procedures Manual. Program Supp]-event OB-5282R-N020- ISTEA Page 2 0£ 5 09-R1v-0-Y5Y 02/26/2007 FR-4211(012) SPECIAL COVENANTS OR REMARKS 5. 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. 6_ 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) _ 7 . 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 Amendment/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. 8 . Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) 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 Program Suppleme= 08-5282Tt-N020- xST£A Page 3 0£ 5 08-RIV-0 PSP 02/26/2007 ER-4211(012) SPECIAL COVENANTS OR REMARKS 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. 9. "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. " M. The Administering Agency shall not discriminate on the basis -of . race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE Program or the requirements of 49 CFR Part 26. The Administering .Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The administrating Agency's DBE Race-Neutral Implementation ,Agreement is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall he treated as a violation of this agreement. Upon notification to the recepient of its failure to carry out its approved DBE Race-Neutral Implementation Agreement, Caltrans may impose sanctions as provided for under 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. ) . ll. 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 Program Supplement08-5282R-N020- ISTEA Page 4 pf 5 08-RIV-0-P'SP 02/26/2007 ER-4211(012) SPECIAL COVENANTS OR REMARKS 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 PROTECT 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. 12.. Disaster No. CA-05-1- Emergency opening work will be reimbursed at 100% if completed within 180 days from the initial day of storm occurence_ The initial day of storm occurence is December 28, 2004 . ADMINISTERING AGENCY records must clearly identify those costs incurred on or after December 28, 2004 . Incurred costs are defined as disbursements made or in process for goods and services delivered. Emergency opening work completed after June 26, 2005 will be funded at the federal-aid reimbursement ratio of 88. 53%. Restoration work, including preliminary engineering, will be reimbursed at an 88.53% ratio. The ADMINISTERING AGENCY will be responsible for the matching requirement. 13. The work eligible for Federal Reimbursement shall be performed by the ADMINISTERING AGENCY either by using their own forces or by contract. The ADMINISTERING AGENCY must be able to identify the costs incurred at each site and be subject to an audit for verification. Program Snpplement08-5282R-N020- ISTEA Page 5 of 5