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cq��FORN�P City Council Staff Report
CITY COUNCIL SEPTEMBER 7, 2005
CONSENT CALENDAR
Subject: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO.
016-M WITH THE STATE OF CALIFORNIA FOR USE OF
SURFACE TRANSPORTATION PROGRAM (STP) FEDERAL
FUNDS FOR THE INDIAN CANYON DRIVE WIDENING, CITY
PROJECT 01-25
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The City of Palm Springs was initially the recipient of $2,199,000 in 2002
discretionary State Transportation Improvement Program (STIP) federal funds for
the widening of Indian Canyon Drive through the Whitewater River. Upon award,
staff submitted a request to the California Transportation Commission (CTC) in
October 2002 for STIP fund allocation of the initial (environmental) phase for this
project. The CTC never took action on the City's request, and ultimately, due to
the state's budget shortfalls experienced since 2002, all discretionary STIP
funding for public projects were taken from local agencies. In consultation with
the Riverside County Transportation Commission (RCTC), local agencies were
given the opportunity to switch funding from STIP to Surface Transportation
Program (STP) federal funds, with the hope that STP funds would be made
available sooner than STIP funds from the state.- This opportunity was realized,
and upon notification from RCTC that STP funds were available, staff submitted
a request for authorization to proceed with the initial phase of this project to
Caltrans.
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING
PROGRAM SUPPLEMENT AGREEMENT NO. 016-M TO
ADMINISTERING AGENCY-STATE AGREEMENT NO. 08-5282 WITH
THE STATE OF CALIFORNIA, IN THE AMOUNT OF $398,000 ($263,000
STP FEDERAL FUNDS / $135,000 REGIONAL MEASURE A FUNDS),
FOR THE INDIAN CANYON DRIVE WIDENING, STATE PROJECT
STPLN-5282(023), CITY PROJECT 01-25, AND AUTHORIZING THE Item No. 2 , Q
� .
i
I
City Council Staff Report
I September 7, 2005- Page 2
Program Supplement Agreement 016-M
I
CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF
THE CITY OF PALM SPRINGS;" and
I
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The City of Palm Springs submitted a grant application in 2001 to the Riverside
County Transportation Commission (RCTC) for discretionary State
Transportation Improvement Program (STIP) federal funds for the widening of
Indian Canyon Drive to 4 lanes through the Whitewater River. The grant process
was competitive throughout Riverside County, and the City's application was
approved, earmarking $2,199,000 in STIP federal funds to this project. The local
match of $1,125,000 for this project was allocated from Regional Measure A
funding, made available through a Reimbursement Agreement between the City
and the Coachella Valley Association of Governments (CVAG).
In October 2002, staff submitted to the California Transportation Commission
(CTC) a request for funding allocation of STIP funds for the initial phase of this
project (preliminary planning and environmental approvals). The CTC never took
action on the City's request, and by November 2002, the state of California
stripped all discretionary STIP funds from local agencies in an effort to balance
the state's budget. Since that time, all public projects that had been funded with
STIP funds have languished, or have been funded with other sources of revenue.
RCTC offered a compromise, and asked local agencies to consider switching
funding of projects that had discretionary STIP funds with Surface Transportation
Program (STP) federal funds, with the hope that STP funds would be made
available sooner than STIP funds from the state. That hope has been realized,
and RCTC advised City staff in March 2005 that there were unallocated STP
funds available for public projects in Riverside County. Accordingly, staff
submitted a request for authorization to proceed with the preliminary engineering
phase for this project to Caltrans on April 14, 2005. On July 11, 2005, staff was
notified that the request for authorization had been approved by the Federal
Highway Administration (FHWA). Upon receipt of this authorization, staff can
proceed with the process to solicit proposals from consultants for environmental
and civil engineering design services, to begin the process of widening Indian
Canyon Drive from 2 to 4 lanes through the Whitewater River.
The City operates under a "Master Agreement" with the state of California,
identified as the "Administering Agency — State Agreement No. 08-5282" for use
of federal funds on City projects. The Master Agreement is amended by each
successive use of federal funds on a project, and upon the first "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.
City Council Staff Report
September 7, 2005 - Page 3
Program Supplement Agreement 016-M
In light of the City's authorization to proceed with preliminary engineering for this
project, using STP federal funds, Caltrans has submitted to the City for approval
Program Supplement Agreement No. 016-M, which will facilitate the City's use of
federal funds for this project.
FISCAL IMPACT:
This project, which is estimated to cost $3,324,000, is funded in part (66.08%) by
STP federal funds, with the remaining portion (33.92%) funded by Regional
Measure A funds. The initial (preliminary engineering) phase has been
estimated at $398,000 of which the Program Supplement Agreement obligates
$263,000 of STP federal funds. The remaining local match of $135,000 is made
available by Regional Measure A funds pursuant to a previously approved
Reimbursement Agreement between the City and CVAG. No City funds will be
required of this project at this time.
Submitted:
dQQ,
David J. Barakian
Director of Public Works/City Engineer
Approved:
���ter,: ��..-,^e=„�°._-�;:✓,�
David H. Ready
City Manager
ATTACHMENTS:
1. Caltrans Authorization to Proceed
2. Program Supplement Agreement
3. Resolution
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. 016-M TO
ADMINISTERING AGENCY-STATE AGREEMENT NO. 08-
5282 WITH THE STATE OF CALIFORNIA, IN THE
AMOUNT OF $398,000 ($263,000 STP FEDERAL FUNDS /
$135,000 REGIONAL MEASURE A FUNDS), FOR THE
INDIAN CANYON DRIVE WIDENING, STATE PROJECT
STPLN-5282(023), CITY PROJECT 01-25, AND
AUTHORIZATING THE CITY MANAGER TO EXECUTE
THE AGREEMENT ON BEHALF OF THE CITY OF PALM
SPRINGS
WHEREAS, the City of Palm Springs applied for 2002 discretionary State
Transportation Improvement Program (STIP) federal funds through a call for projects
initiated by the Riverside County Transportation Commission (RCTC) for the widening
of Indian Canyon Drive through the Whitewater River; and
WHEREAS, RCTC reviewed and approved the City's application for STIP funding in the
amount of$2,199,000; and
WHEREAS, the state of California budget crisis that occurred in the 2002/2003 and
subsequent fiscal years required the state's use of discretionary STIP funds awarded to
local projects in balancing the state's budget; and
WHEREAS, RCTC allowed local agencies the opportunity to use Surface
Transportation Program (STP) federal funds, when made available, for projects that had
previously been awarded STIP funding; and
WHEREAS, the City of Palm Springs requested that STP funding be used in place of
STIP funding for the Indian Canyon Drive; and
WHEREAS, the 2004 Regional Transportation Improvement Plan (RTIP) was amended
to reflect the use of STP funds; and
WHEREAS, the City of Palm Springs has submitted to the California Department of
Transportation a request for authorization to proceed with preliminary engineering,
requiring obligation of$263,000 of STP funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. 016-M, an amendment to administering Agency-State
Agreement No. 08-5282 with the state of California, obligating $263,000 of STP funds
for the widening of Indian Canyon Drive.
Resolution No.
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. 016-M, an amendment to
administering Agency-State Agreement No. 08-5282 with the state of California,
obligating $263,000 of STP funds for the widening of Indian Canyon Drive, is approved.
SECTION 2. The City Manager is authorized to execute and administer the Program
Supplement Agreement as may be necessary.
ADOPTED THIS 7th day of September, 2005.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
OOUNTY 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 September 7, 2005, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
ATTACHMENT
CALTRANS AUTHORIZATION TO PROCEED
i
!
! STATE OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHAWARZEGGER,Governor
1
! DEPARTMENT OF TRANSPORTATION
i District 8
Local Assistance, MS-1030 t` ,
464 W. Fourth St., 6th Floor
San Bernardino, CA 92401 - 1400
July 19, 2005
Ix
08-Riv-0-PSp
STPL-5282 (023)
City of Palm Springs
Indian Canyon Drive Widening � �q�.
From Trarnview Dr To UPRR. Bridge 4fifigt rytE`o}
�5
Mr. Marcus L. Fuller
Senior Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Dear Mr. Fuller:
We have reviewed and submitted your obligation package to Headquarters and FHWA for the
above referenced project and you are now authorized for STPL funds on the Preliminary
Engineering Phase of the project.
Prospective bidders should be reminded of the DBE requirements contained in the above-
mentioned document and references to Chapter 9 in the Local Procedures Manual. For new DBE
requirements and/or any updates, please contact Ms. Debbie Morales at (909) 383-4941.
Please notify us in writing of the date of bid opening. Two copies of your Plans and
Specification (as advertised) will need to be forwarded to this office upon advertisement.
Prior to the pre-construction meeting please consult Mr. Louis Flores, Construction Division,
Labor Compliance Office. Mr. Flores will meet with you and the contractor regarding the
contractor's responsibilities for posting of notices, documentation and labor compliance issues
that must be discussed prior to execution of the contract. He can be reached at (909) 383-4629.
The City shall follow its normal procedure in awarding the contract to the lowest responsible
bidder and assuring us that all Federal Requirements have been met, including au approved
Quality Assurance Program.
If you have any questions, please contact Mr. Nader Naguib at (909) 383-6262.
Sincerely,
_YI-ondy-W. Li --
Chief, Local Assistance
cc: RCTC-Shirley Medina
cc: Louis Flores, Caltrans Labor Compliance
Attaclmlents
FNh.:76 (VERSION E-76)
AUTHORIZATION/AGREEMENT SUMMARY
FEDERAL AID PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION
OLP LOCATOR 08-RTV-0-PSP
PREFIX STPLN PROJECT LOCATION PREY. AUTH/AGREE DATE
PROJECT NO 5282 (023) INDIAN CANYON DRIVE: TRAMVIEW ROAD TO UPRR OR ---------------------
SEQ NO 1 PE 07/15/05
DIST-EA 08-OG0074L TYPE OF WORK R/W
AGENCY PALM SPRINGS ROADWAY WIDENING FROM 2 TO 4 CON
ROUTE FED. RR NOS SPR
TIP DATA: PUC CODE(S) MCS
MPO/YEAR SCAG EXEMPT FROM FHWA REVIEW OTH
DATE 04/06 ENV STATUS APPR CODES H240
STIP REF: R/W STATUS LINE NOS l_O
BEGIN MP .000 IMPRV TYPE 15
URBANIZED PALM SPRINGS END MP .000 FUNC. SYS P
URB/RURAL URBAN AREA INV RTE
BRIDGE NOS
PHASE PROJECT COST FEDERAL COST AC COST
------PREY. OBLIGATION - ------------------ ----- ----------- ---------.00
PE THIS REQUEST 398, 000.00 263,000.00 .00
SUBTOTAL 398,000.00 263,000. 00 .00
--------------------------------------------------------------------------------
TOTAL 398,000.00 263, 000.00 .00
PPNO - 08-RIV011203
STATE REMARKS
-------------
THIS IS FOR PRELIMINARY_ ENGINEERING FUNDS. STEVEN NGUYEN 06/23/05
^1HIS IS A REDDEST FOR PRELIMINARY ENGINEERING FUNDING FOR THE WIDENTNG OF
INDIAN CANYON DRIVE FROM TRAMVIEW ROAD TO THE UNION PACIFIC RAILROAD OVERHEAD
NEAR GARNET TO REPLACE FUNDING PREVIOUSLY PROGRAMMED IN THE 2002 STIP, BUT
COULDN'T BE ALLOCATED BY THE CTC FOR LACK OF FUNDS. THIS PROJECT ABUTS THE
UPRR RAILROAD OVERHEAD (BR. NO. 56C-0025) REPLACEMENT PROJECT AUTHORIZED UNDER
BRLO-5282(017) , EA 08-924634L. REIMBURSE WITH H240 FUNDS AT APPROXIMATELY
66.0% UP TO FEDERAL AMOUNT SHOWN FOR PRELIMINARY ENGINEERING. PL_
TOTAL COSTS PARTIC. COSTS FED. FUNDS (H240) LOCAL FUNDS
PRELIM. ENGR. $ 398,000 $ 398, 000 $ 263, 000 $ 135,000
AUTHORIZATION TO PROCEED WITH PRE PREPARED BY STEVEN NGUYEN ON 06/27/05 909-3
PRELIMINARY ENGR. REVIEWED BY PATRICK LOUIE ON 07/15/05 8-453
AUTHORIZED BY P. LOUIE ON 07/15/05
ELECTRONIC SIGNATURE DOCUMENT TYPE AUTH/AGREE SIGNED BY P. LOUIE ON 07/15/05 FOR C.
PROCESSED BY L WALLAC ON 07/18/05 FOR F
TSl T8SNGUYE 07/19/05 12:23:14 PDT WAS THE ORIGIN
DEST: T7AG1916 FILE: 220 NAME: RAMREPOR RAMIS DIST: 4939
RECS: 53 PRINT DATE: O7/19/05 12:23:15
************************************************************************************************************************************
ATTACHMENT
PROGRAM SUPPLEMENT AGREEMENT
STATE OF CALIFORNIA.6USINESS,TRANSPORTATION AND HOUSING AGENCY Arnold Schwarzenegger,Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274.0001
TDD(916) 654-4014
(916)654-3151 File: 08-RIV-0-PSP
Fax(9 16)653-7621 STPLN-5282(023)
August 5, 2005 Indian Canyon Drive from Tramview
Road to the U.P.R.R. Overhead(Br.
No. 56C-0025) near Garnet
Mr. David Barakian
Director of Public Works
City of Palm Springs
P.O. Box 2743 '� e
Palm Springs, CA 92263 Ia4x ' �,,Ct ,
/J a
Attn: Mr. George F. Farago Vc/n/4V`
Dear Mr. Barakian:
Enclosed are two originals of the Program Supplement Agreement No. 016-M to Administering Agency-State
Agreement No. 08-5282 and an approved Finance Letter for the subject project. Please retain the signed Finance
Letter for your records.
We have included two new special covenants that allow any funding for future phases of this project be encumbered
upon approval of the "Request for Authorization" and Finance Letter. The Program Supplement Agreement need not be
revised for that purpose. However, please note that federal funding will be lost if you proceed with future
phase(s)of the project prior to getting the "Authorization to Proceed" with that phase.
Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project
Implementation - MS1 within 60 days from the date of this letter. If the signed Agreements are not received back in this
office within 60 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the
agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the
project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to
you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully
executed.
In accordance to Government Code 16304, Federal funds appropriated by the State budget are available for liquidation
only for seven years and the State funds are available only for five years. The attached Finance Letter shows these
deadlines as the "Reversion Date". 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 is unable to seek reimbursement by this date you may
request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the
State Department of Finance. If approved, the CWA may extend the deadline for up to one year for 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.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
Sincerely,
DENIX ANBIAH, Chief
Office of Project Implementation
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(119) DI of IN id r I i
DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 08/05/2005
DIVISION OF ACCOUNTING -O
Agency: OS-RIV -PSP
LOCAL PROGRAM ACCOUNTING BRANCH Project No: ST RIV- 282(023)
EA No: 08-AO012a
Attention: City of Palm Springs 08-000074
F_ FINANCE ITEMS 'TOTAL COST OF FEDERAL PART.I FED.
WORK COST REIMB% FEDERAL
LOCAL FUNDS
H240
Agency Preliminary Engineering - 1,
�- N 9 9 $398,00 $398,000� 66.08 $263,OOq� $135,OOd
Totals: i $398,00� $398,00d $263,001 $135,000'I
Fed. Panic: 00.00% This Finance Letter w created based on specific financial information provided by the responsible local agency.The following
encumbrance histo i prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.
Signature: rv' �Z�pyy For questions regarding finance letter,contact:
(' Title: er
HQ Local Assist�ce Area Engineer Printed Name: Patrick Louie
l Telephone No: (916)653-7349
Remarks: Reimbursement ratio=66.0%
ACCOUNTING INFORMATION- STPLN-5282(023)
Fund Program Fed/State Encumbrance Amount Approp Year Expenditure Amount Reversion Date
05DH LA. STP-MINALLOC-DB F $263,000 2004 $0 06/30/11
Page 1 of 1
- .L.
PROGRAM SUPPLEMENT NO. M016 Date-August 03,2005
to Location:08-RIV-0-PSP
ADMINISTERING AGENCY-STATE AGREEMENT Project Number:STPLN-5282(023)
FOR FEDERAL-AID PROJECTS NO. 08-5282 E.A. Number:08-060074
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 03/19/98 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 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 setfortb
on the following pages.
PROJECT LOCATION:
Indian Canyon Drive from Tramview Road to the U.P.R.R.Overhead(Br.No.56C-0025)near Garnet
TYPE OF WORK:Roadway widening from 2 to 4 lanes LENGTH: 2(MILES)
Estimated Cost Federal Funds Matching Funds
H240 $263,000.00 LOCAL OTHER
$398,000.00 $135,000.00 $0.00 $0.00
CITY OF PALM SPRINGS STATE OF CALIFORNIA
Department of Transportation
By By -
Chief, Office of Project Implementation
Date
Attest Date
Title
I hereby certify upon my personal knowledge that budgeted funds are available
�� for this encumbrance:
Accounting Officer t� �1� Date O�' $263,000.00
Chapter I statutes I Item Year I Program I Be I category I Fund Source I AMOUNT
208 2004 2660-102-890 2004-2005 20.30.010.810 C 262040 892-F 263,000.00
Program Supplement 08-5282-MO16- ISTBA Page 1 of 4
STPLN-5282(023)
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 will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
3. 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.
4. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
5. 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.
6. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately 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
Program Supplement08-5282-M016- ISTEA Page 2 of 4
STPLN-5282(023)
SPECIAL COVENANTS OR REMARKS
P. 0. 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
1.5.7 "Award Package" of the Local Assistance Procedures Manual
and LPP 01-06.
7 . 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
aL 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.
8. 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) .
9. 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 Supplement OS-5282-M016- ISTEA Page 3 of 4
STPLN-5282(023)
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.
10. "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. "
II. 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 CFE
Part 26 to ensure nondiscrimination in the award and
administration of DOT -assisted contracts. The Administering
Agency' s DBE Program, as required by 49 CFE Part 26 and as
approved by Caltrans, is incorporated by reference in this
agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the recepient
of its failure to carry out its approved program, 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 es seq. ) .
Program Supplement08-5262-M016- ISTEA Page 4 of 4