HomeMy WebLinkAbout1/15/2014 - STAFF REPORTS - 2.H. PALM Sa
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g41FOR0% City Council Staff Report
Date: January 15, 2014 CONSENT CALENDAR
Subject: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENTS NO. N040,
N041, and N042 WITH THE STATE OF CALIFORNIA FOR USE OF
FEDERAL-AID FUNDS FOR THE EMERGENCY RELIEF PROJECTS
ER-18D3(073), ER-18D3(074), AND ER-18D3(075) ON GENE AUTRY
TRAIL, VISTA CHINO, AND INDIAN AVENUE (INDIAN CANYON DRIVE)
IN PALM SPRINGS FOR 2010 STORM YEAR.
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Approval of Program Supplement Agreements No. N040, N041, and N042 will formally
authorize the reimbursements of $14,842.00, $14,958.00, and $28,600.00 in federal-aid
funds for the Emergency Relief Projects, on Gene Autry Trail, Vista Chino, and Indian
Avenue at Whitewater River, Federal Aid Projects No. ER-18D3(073), ER-18D3(074),
and ER-18D3(075) for 2010 storm year.
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. N040 TO ADMINISTERING AGENCY-
STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH
THE STATE OF CALIFORNIA, IN THE AMOUNT OF $14,842.00, FOR THE
EMERGENCY RELIEF PROJECT ON GENE AUTRY TRAIL AT WHITEWATER
RIVER, FEDERAL AID PROJECT NO. ER-18D3(073), AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE
CITY OF PALM SPRINGS;" and
2) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. N041 TO ADMINISTERING AGENCY-
STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH
THE STATE OF CALIFORNIA, IN THE AMOUNT OF $14,958.00, FOR THE
EMERGENCY RELIEF PROJECT ON VISTA CHINO AT WHITEWATER RIVER,
ITEM NO,"—
City Council Staff Report
January 15, 2014 - Page 2
Program Supplement Agreements No. N040, N041, and N042.
FEDERAL AID PROJECT NO. ER-18D3 074 , AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY OF
PALM SPRINGS;" and
3) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. N042 TO ADMINISTERING AGENCY-
STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH
THE STATE OF CALIFORNIA, IN THE AMOUNT OF $28,600.00, FOR THE
EMERGENCY RELIEF PROJECT ON INDIAN AVENUE AT WHITEWATER
RIVER, FEDERAL AID PROJECT NO. ER-18D3(075), AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE
CITY OF PALM SPRINGS;" and
4) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Heavy rains and mountain runoff during the declared storm deposited dirt and debris on
Gene Autry Trail, Vista Chino and Indian Avenue at Whitewater River, covering the
entire width of the low water crossing roadways, causing the roads to be closed from
December 20 to December 24, 2010.
In order to clear the roadways for safe passage of vehicles and to eliminate health and
safety hazards to the general public, the City of Palm Springs used City employees and
equipment with assistance from contractors to remove dirt, debris and mud from
roadways and to set-up emergency protective measures during the declared disaster
event.
On March 8, 2011 a Federal Disaster was declared (Disaster No. CA2011-1).
In June 2011 the City submitted Damage Assessment Forms (DAF) to U.S. Department
of Transportation requesting federal emergency relief funds.
The City operates under a "Master Agreement' with the state of California, identified as
the "Administering Agency — State Agreement No. 08-5282R" for use of federal-aid
funds on City projects. The Master Agreement is amended by each successive use of
federal funds on a project, and upon authorization or obligation of the use of federal
funds on a project, the City is provided with a `Program Supplement Agreement', or
amendment, to the Master Agreement.
On October 24, 2013 Caltrans budgeted the funds and signed Program Supplement
Agreements N040, N041, and N042.
On October 29, 2013 Caltrans submitted to the City for approval the Program
Supplement Agreements which will facilitate the City's use of federal funds.
02
City Council Staff Report
January 15, 2014- Page 3
Program Supplement Agreements No. N040, N041, and N042.
FISCAL IMPACT:
Approval of Program Supplement Agreements No. N040, N041, and N042 with Caltrans
will formally authorize the reimbursements of $14,842.00, $14,958.00, and $28,600.00
in federal-aid funds for the Emergency Relief projects on Gene Autry Trail, Vista Chino,
and Indian Avenue at Whitewater River, Federal Aid Projects ER-18D3(073), ER-
18D3(074), and ER-18D3(075). This represents 89.45% of the cost the City spent on
the cleanup work.
SUBMITTED-.
Prepar by: Recomme ded by:
Q.
vat Khamphou David J. Barakian
Assistant Director of Public Works/ Director of Public Works/City Engineer
Assistant City Engineer
Approved by:
Da Ready, City Man
ATTACHMENTS: 1. Program Supplement Agreements No. N040, N041, and N042.
2. Resolutions.
03
PROGRAM SUPPLEMENT NO. N040 Adv Project ID Date: September 20, 2013
to 0812000178 Location: 08-RIV-0-PSP
ADMINISTERING AGENCY-STATE AGREEMENT Project Number. ER-18D3(073)
FOR FEDERAL-AID PROJECTS NO 08-5282R E.A.Number:
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 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. approved by the Administering Agency on
(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: !n�
Gene Autry Trail at Whitewater River DAF#HCR-PSP-001-0, I �r"� jnh fO
TYPE OF WORK: Emergency Opening LENGTH: 0.0(MILES)
Estimated Cost Federal Funds Matching Funds
09X0 $14,842.00 LOCAL OTHER
$14,842.00 $0.00 $0.00
CITY OF PALM SPRINGS STATE OF CALIFORNIA
Department of Transportation
By By
Title Chief, Office of Project Implementation
Division of Local Assistance
Date
Attest Date
........... ............. .
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer A4 Date /0/."05//3 $14,842.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
Program Supplement 08-5282R-N040-ISTEA Page 1 of 4
04
STATEbF CALIFORNIA.DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF(REV.0112010)
Page 1 of 1
TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER:
Claims Audits 10/24/2013 0812DO0178
3301 "C"Street,Rm 404 REQUISITION NUMBER!CONTRACT NUMBER:
Sacramento,CA 95816 ROS 081400000211
FROM:
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR r LOCAL AGENCY:
CITY OF PALM SPRINGS
$ 14,842.00
PROCUREMENT TYPE:
Local Assistance
CHAPTER STATUTES ITEM YEAR PECIPECT TASK ISUBTASK AMOUNT
21 2012 2660-102-0890 12-13 2030010650 2250/0000 $ 14,842.00
For individuals with sensory disabilities,this document is available in alternate formals.For information,Call(915)654-6410 of TDD(916)-3880 or write
ADA Nod For
and Forms Management,1120 N.Street,MS-89,Sacramento,CA 95814.
05
08-RN-0-PSP 0912012013
ER-181133(073)
SPECIAL COVENANTS OR REMARKS
1. 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.
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. STATE and ADMINISTERING AGENCY agree that any additional funds which might be
made available for new phase(s) of work by future Federal obligations may 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
Program Management.
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."
Program Supplement 08-5282R-N040-IS7EA Page 2 of 4 06
08-RIV;0-PSP OW012013
ER-181)3(073)
SPECIAL COVENANTS OR REMARKS
9. 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
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. 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.
Program Supplement 08-5n2R-N040-ISTEA Page 3 of 4
07
084RRW71*5P 09/20/2013
ER-18D3(073)
SPECIAL COVENANTS OR REMARKS
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
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 speck 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. Disaster No. CA11-1 (Winter Storms) - Emergency Opening work will be reimbursed at
100% if completed within 180 days from the date of the Governor's Proclamation. The
Govemor's Proclamation is dated December 18, 2010. ADMINISTERING AGENCY
records must clearly identify those costs incurred on or after December 18, 2010,
Incurred costs are defined as disbursements made or in process goods and services
delivered. Emergency Opening work completed after June 15, 2011, 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_
Program Supplement 08-5282R-N040-ISTFA Page 4 of 4 08
PROGRAM SUPPLEMENT NO. N041 Adv Project ID Date: September 20,2013
to 0812000179 Location: 08-RIV-0-PSP
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: ER-18D3(074)
FOR FEDERAL-AID PROJECTS NO 08-5282R E,A. Number:
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 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. approved by the Administering Agency on
(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 remari(s set forth on the following pages.
PROJECT LOCATION:
Vista Chino at Whitewater river DAF#HCR-PSP-002-0,,h A/,,, �aY+na4
TYPE OF WORK: Emergency Opening LENGTH:O.0(MILES)
Estimated Cost Federal Funds MatchingFunds
09X0 $14,958.00 LOCAL OTHER
$14,958,00 $0.00 $0.00
CITY OF PALM SPRINGS STATE OF CALIFORNIA
Department of Transportation
By By
Title Chief,Office of Project Implementation
Division of Local Assistance
Date
Date
Attest
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer-- Date /O/�S�/3 514.958:00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
Program Supplement 08-5282R-N04i-ISTEA Pagel of 4 09
STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF(REV.OW010)
Page 1 of 1
TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER:
Claims Audits 10/24/2013 10812000IT9
3301"C"Street,Rm 404 REQUISITION NUMBER I CONTRACT NUMBER:
Sacramento,CA 95816 RQS 081400000210
FROM:
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR l LOCAL AGENCY:
CITY OF PALM SPRINGS
$ 14,968.00
PROCUREMENT TYPE:
Local Assistance
CHAPTER STATUTES ITEM YEAR PECIPECT TASK/SUBTASK AMOUNT
21 2012 2660-102-0890 12-13 2030010650 2250/0000 $ 14,958.00
ADA NDIO For individuals with sensory disabilities,this document is available In artemate formats.For infounabon,call(916)654-600 of TDD(916)-3860 orwrite
Records and Forms Management,1120 N.Street,MS-99,Sacramento,CA 95614.
10
08-RIV-0-PSP 0912012013
ER-18D31074)
SPECIAL COVENANTS OR REMARKS
1. 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.
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 superseded OMB A-128 in 1996. A reference to OMB A-128 in
a Master Agreement (if any) is superseded by this covenant to conform to OMB A-133.
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 may 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
speck 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 AmendmentlModification (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
Program Management.
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."
Program Supplement 08-6282R-N041-ISTEA Page 2 of 4
11
08-RIV-0-PSP 0912012013
ER-98D3(074)
SPECIAL COVENANTS OR REMARKS
9. 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
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. 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.
Program Supplement 08-5282R-N041-ISTEA Page 3 of 4 12
08-RIV-0-PSP 09/20/2013
ER-18b3(074)
SPECIAL COVENANTS OR REMARKS
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
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 Departments 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 Departments Division of
Accounting on the applicable fund Reversion Date.
13. Disaster No. CAI 1-1 (Winter Storms) - Emergency Opening work will be reimbursed at
100% if completed within 180 days from the date of the Governor's Proclamation. The
Governor's Proclamation is dated December 18, 2010. ADMINISTERING AGENCY
records must clearly identify those costs incurred on or after December 18, 2010.
Incurred costs are defined as disbursements made or in process goods and services
delivered. Emergency Opening work completed after June 15, 2011, 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.
Program Supplement 08-5282R-ND41-ISTEA Page 4 of 4 13
PROGRAM SUPPLEMENT NO. N042 Adv Project ID Date: September 26, 2013
to 0812000180 Location: 08-RIV-O-PSP
ADMINISTERING AGENCY-STATE AGREEMENT Project Number. ER-18D3(075)
FOR FEDERAL-AID PROJECTS NO 08-5282R E.A. Number:
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 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. approved by the Administering Agency on
(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:
Indian Ave. at Whitewater River DAF#HCR-PSP-003-0..h pa/Nt S0t,,1gd
TYPE OF WORK: Emergency Opening LENGTH:O.O(MILES)
Estimated Cost Federal Funds Matching Funds
09X0 $28,600.00 LOCAL OTHER
$28,600.00 $0.00 $0.00
CITY OF PALM SPRINGS STATE OF CALIFORNIA
Department of Transportation
By By _
Title Chief,Office of Project Implementation
Division of Local Assistance
Date
Attest Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting OfficerlL, Date /O/` //3 $28.600.00
. .... . ........ ... ..
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
Program Supplement 08-5282R-NO42-ISTEA Page t of 4 14
STATE OF CAU61NIA.DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF(REV.01/2010)
Page 1 of 1
TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER:
Claims Audits 10124/2013 10812000180
3301 "C"Street,Rm 404 REQUISITION NUMBER 1 CONTRACT NUMBER:
Sacramento,CA 95818 RQS 081400000209
FROM:
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR/ LOCALAGENCY:
CITY OF PALM SPRINGS
$ 28,600.00
PROCUREMENT TYPE:
Local Assistance
CHAPTER STATUTES ITEM YEAR PEC/PECT TASK I SUBTASK AMOUNT
21 2012 2660-102-0890 12-13 2030010650 2250/0000 $ 28,600.00
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15
08-RIV-0-PSP 0 912 612 0 1 3
ER-18D3(075)
SPECIAL COVENANTS OR REMARKS
1. 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.
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. STATE and ADMINISTERING AGENCY agree that any additional funds which might be
made available for new phase(s) of work by future Federal obligations may 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
Program Management.
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"
Program Supplement 08-5282R-N042-ISTEA Page 2 of 4 16
08-RAV-O-PSP 0912612013
ER-18D34075)
SPECIAL COVENANTS OR REMARKS
9. 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 forState 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. 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.
Program Supplement 08-5282R-N042- ISTEA Page 3 of 4 17
08-RIV-"SP 0 912 612 01 3
ER-iglo=76)
SPECIAL COVENANTS OR REMARKS
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 fetter. Per Govemment 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.
13. Disaster No. CAI 1-1 (Winter Storms) - Emergency Opening work will be reimbursed at
100% if completed within 180 days from the date of the Governor's Proclamation. The
Governor's Proclamation is dated December 18, 2010. ADMINISTERING AGENCY
records must dearly identify those costs incurred on or after December 18, 2010.
Incurred costs are defined as disbursements made or in process goods and services
delivered. Emergency Opening work completed after June 15, 2011, will be funded at the
federal-aid reimbursement ratio of 88.63%. Restoration work, including preliminary
engineering will be reimbursed at an 88.53% ratio. The ADMINISTERING AGENCY will
be responsible for the matching requirement.
Program Supplement 08-6282R-N042-ISTEA Page 4 of 4 1 8
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. N040 TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS NO. 08-5282R WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $14,842.00,
FOR THE EMERGENCY RELIEF PROJECT ER-18D3(073)
ON GENE AUTRY TRAIL AT WHITEWATER RIVER IN
PALM SPRINGS, 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 construction phase of the
Emergency Relief Project ER-18d3(073) on Gene Autry Trail at Whitewater River In
Palm Springs, requiring obligation of $14,842.00 of federal-aid funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. N040 to administering Agency-State Agreement No. 08-
5282R with the state of California, obligating $14,842.00 of federal-aid funds for the
Emergency Relief Project on Gene Autry Trail at Whitewater River, Federal Aid Project
No. ER-18D3(073),
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. N040 to administering Agency-State
Agreement No. 08-5282R with the state of California, obligating $14,842.00 of federal-
aid funds for the Emergency Relief Project on Gene Autry Trail at Whitewater River,
Federal Aid Project No. ER-18D3(073) is approved.
SECTION 2. The City Manager is authorized to execute and administer the Program
Supplement Agreement as may be necessary.
ADOPTED THIS 15th day of January, 2014.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
19
Resolution No.
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
1, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 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 January 15, 2014, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
20
Resolution No.
Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. N041 TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS NO. 08-5282R WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $14,958.00,
FOR THE EMERGENCY RELIEF PROJECT ER-18D3(074)
ON VISTA CHINO AT WHITEWATER RIVER IN PALM
SPRINGS, 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 construction phase of the
Emergency Relief Project ER-18d3(074) on Vista Chino at Whitewater River In Palm
Springs, requiring obligation of$14,958.00 of federal-aid funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. N041 to administering Agency-State Agreement No. 08-
5282R with the state of California, obligating $14,958.00 of federal-aid funds for the
Emergency Relief Project on Vista Chino at Whitewater River, Federal Aid Project No.
ER-18D3(074),
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. N041 to administering Agency-State
Agreement No. 08-5282R with the state of California, obligating $14,958.00 of federal-
aid funds for the Emergency Relief Project on Vista Chino at Whitewater River, Federal
Aid Project No. ER-18D3(074) is approved.
SECTION 2. The City Manager is authorized to execute and administer the Program
Supplement Agreement as may be necessary.
ADOPTED THIS 15th day of January, 2014.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
21
Resolution No.
Page 2
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. 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 January 15, 2014, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
22
Resolution No.
Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. N042 TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS NO. 08-5282R WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $28,600.00,
FOR THE EMERGENCY RELIEF PROJECT ER-18D3(075)
ON INDIAN AVENUE AT WHITEWATER RIVER IN PALM
SPRINGS, 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 construction phase of the
Emergency Relief Project ER-18d3(075) on Indian Avenue at Whitewater River In Palm
Springs, requiring obligation of $28,600.00 of federal-aid funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. N042 to administering Agency-State Agreement No. 08-
5282R with the state of California, obligating $28,600.00 of federal-aid funds for the
Emergency Relief Project on Indian Avenue at Whitewater River, Federal Aid Project
No. ER-18D3(075),
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. N042 to administering Agency-State
Agreement No. 08-5282R with the state of California, obligating $28,600.00 of federal-
aid funds for the Emergency Relief Project on Indian Avenue at Whitewater River,
Federal Aid Project No. ER-18D3(075) is approved.
SECTION 2. The City Manager is authorized to execute and administer the Program
Supplement Agreement as may be necessary.
ADOPTED THIS 15th day of January, 2014.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
23
Resolution No.
Page 2
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. 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 January 15, 2014, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
24