HomeMy WebLinkAbout04216 - CALTRANS SUPPL M007 0828 762 M015 • j
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PROGRAM SUPPLEMENT NO. M015 Date:February 18,2004
to Location:08-RIV-O-PSP
ADMINISTERING AGENCY-STATE AGREEMENT Project Number:STPLH-5282(022)
FOR FEDERAL-AID PROJECTS NO. 08-5282 _ E.A. Number:08-924750
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 03/18/98 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.
, 64`,,approved by the Administering Agency on �� '%0� (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.
Caltrans
PROJECT LOCATION: SUPPI M015
Racquet Club Drive from Indian Canyon Drive to Avenida Caballeros AGREEMENT #4216
M07462, 3-17-04
TYPE OF WORK: Sidewalk,driveways,and ADA ramps LENGTH: 0,5 (MILES)
Estimated Cost Federal Funds Matching Funds
Q210 $103,950.00 LOCAL OTHER
$126,500.00 Q280 $9,900.00 $12,650.00 $0.00 $0.00
CITY OF PALM SPRINGS STATE OF CALIFORNIA
Departmen/t� of Transportation
f
I J, Chief, office of Project Implementatic
n �ff cS'm't�
Dat Y(, �"t a1 q� � / jf Division of Local Assistance
Date 411
Title ✓/ '
I hereby certify upon my' personal knowledge that budgetedfunds are available for this encumbrance:
Accounting Officer V M �G / Date 6-2 V $113,850.00
Chapter Statutes item Year rogr Be Category Fund Source AMOUNT
379 2002 2660-102-890 2002-2003 20.30.010.530 C 255020 892-F 113,850.00
APPROWW 18V ThL 4ATV UOUALAL
�1y 1k)�' lh/0'4'
l�� 3
Program Supplement 08-5282-MO15- ISTEA Page 1 of 4
68-RIV-0-PSP 02/18/2004
STPLH-5282(022)
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
2 . The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most 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 $300, 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 . 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.
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-M015- ISTEA Page 2 of 4
,'' 08-RIV-O-PSP 02/18/2004
STPLH-5282(022)
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
15.7 "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
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.
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 Accounti
ng
Program Supplement OB-5282-M015- ISTEA A0f 4
138-RIV-0--PSP 02/18/2004
STPLH-5282(022)
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.
10A
Program Supplement08-5282-MO15- ISTEA Page 4 of 4
PR6dRAM SUPPLEMENT NO. 828 Date:November 08,2002
to ("V 7"I'LPx, Location:08-RIV-0-PSP
ADMINISTERING AGENCY-STATE AGREEMENT
Project Number-,PSPL-5282(021)
FOR STATE FUMED PROJECTS NO. 000281 E.A. Nillaber:08-924748
Locode:5282
This PROGRAM SUPPLEMENT,effective '?IdVoj.,is hereby incorporated into the Administering Agency-State Agreement
No.000281 for State Funded Projects entered into between the ADMINISTERING AGENCY and the STATE with an effective
date of 06/28/99 and is subject to all the terms and conditions thereof,This PROGRAM SUPPLEMENT is adopted in accordance
with Article I of the aforementioned Master Agreement under authority of R��Vo approved by the
ADMINISTERING AGENCY on J/26_/qJ(See copy attached), A�
The ADMINISTERING AGENCY further stipulates that as a condition to payment of funds encumbered to this project,it accepts
and will comply with the Special Covenants and Conditions set forth on the following pages.
PROJECT LOCATION:
555 Tachevah Drive CALTRANS
Program Supp] 0828
AGREEMENT #4216
TYPE OF WORK: Advance warning signs,beacons,and in-p M07240, 1-15-03
Estimated Cost State Funds Matching Funds
STATE $30,000.00 LOCAL OTHER
$43,000.00 $13,000.00 $0.00 $0.00
CITY OF PALM SPRINGS STATE OF CALIFORNIA
Department of Transpqrtat-ion
BY By
City Manager
e"-- Chief, Office of Project Implementat
Dat Division of Local Assistance
Atte"s1z.
Date Z
Title City Clerk
X hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer Date $30,000.00
_N q_'r_aQ %14��
Chapter Statutes I lr��/ I year I program I Be I Category I Fund Source I AMOUNT
833 1 2000 2660-601-250 2000-2001 20.30.010.536 C 262042 250-T 30,000.00
?-,,PPROVED AS TO FORM
n v
Dite
Program Supplement 00-0281-828- SERIAL Page 1 of 3
PSA-5282(021)
SPECIAL COVENANTS OR REMARKS
1, The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
2, All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and
the encumbrance of funds under this Agreement. Funding and
reimbursement are available only upon the passage of the State
Budget Act containing these STATE funds.
3. PEDESTRIAN SAFETY PROGRAM (PSP) SPECIAL COVENANT: (REIMBURSABLE
COSTS OF $300,000 OR LESS)
A. This Program Supplement Agreement (PSA) is intended for
Pedestrian Safety Program (PSP) funds only. Separate agreements
are needed if PROJECT is also funded with any other STATE
administered State or Federal funds .
B. The PROJECT will be administered in accordance with the
PSP Guidelines (LPP 01-02 effective February 15, 2001) , as
approved and amended, and the PROJECT Application.
C. This PSA allows reimbursement of eligible PROJECT
expenditures to the ADMINISTERING AGENCY for which PSP funds are
allocated. The effective date of this agreement establishes
eligibility for the ADMINISTERING AGENCY to start reimbursable
work and seek reimbursement of funds. Any work done prior to the
effective date of this agreement is not eligible for
reimbursement from the PSP funds.
D. The STATE and ADMINISTERING AGENCY agree that PSP funds
available for reimbursement to the ADMINISTERING AGENCY by the
STATE will be limited to the amount allocated and encumbered by
STATE. Additional funds made available by future allocations
will be encumbered on this PROJECT by use of a STATE approved
Allocation Letter and Finance Letter.
E. The ADMINISTERING AGENCY agrees to submit to the STATE,
Exhibit B T'Project Status Report" of the PSP Guidelines on or
before April 1, 2003 unless a construction contract has been
awarded by that date.
Program Supplement00-0281-828- SERIAL Page 2 of 3
PSPL-5282(021)
SPECIAL COVENANTS OR REMARxS
F. The ADMINISTERING AGENCY agrees to submit to the STATE,
Exhibit C "Post-Construction Project Evaluation Form" as required
by the PSP Guidelines .
G. The ADMINISTERING AGENCY agrees to award the construction
contract by June 30, 2003. For projects unable to meet this
deadline, the ADMINISTERING AGENCY may request, in writing, a
time extension from the District Local Assistance Engineer
(DLAE) . One time extension, for a maximum period of one year,
may be granted by the DLAE, Projects unable to meet the new
deadline will be dropped from the program.
H. The ADMINISTERING AGENCY acknowledges that the first
invoice cannot be submitted to the STATE until after a
construction contract has been awarded.
I. The ADMINISTERING AGENCY agrees to submit the contract
award information when submitting its first invoice to the STATE.
Attachment I of this PSA may be used for providing the necessary
award information. The invoice could be for lump sum advancement
of the entire project cost.
J. The ADMINISTERING AGENCY agrees to submit the "Report of
Expenditures" to the DLAE within six (6) months after the project
completion in accordance with Section 17.5 of the Local
Assistance Procedures Manual (LAPM) . If the "Report of
Expenditures" shows that the final costs of the project were less
than the lump-sum advancement, the ADMINISTERING AGENCY agrees to
reimburse the STATE the difference at the same time the "Report
of Expenditures" is submitted.
K. The ADMINISTERING AGENCY agrees to follow all State laws
and requirements including the California Environmental Quality
Act (CEQA) .
Program Supplement00-0281-828- SERIAL, Page 3 of 3
MINUTE ORDER NO. 7240
APPROVING CALTRANS PROGRAM SUPPLEMENT
AGREEMENT NO.0828, IN THE AMOUNT OF$30,000 FOR
AN IN-PAVEMENT LIGHTED CROSSWALK AND WARNING
SIGNAGE INSTALLATION FORA MID-BLOCK PEDESTRIAN
CROSSING FROM LAS PALMAS MEDICAL PLAZA AT 555
TACHEVAH DRIVE TO THE DESERT REGIONAL MEDICAL
CENTER VIA A STATE PEDESTRIAN SAFETY PROGRAM
(PSP)GRANT;STATE PROJECT NO.PSPL-5282(021)PER
STATE MASTER AGREEMENT NO. 000281 (CITY
AGREEMENT NO. A4216); CITY PROJECT NO. 2002-10.
I HEREBY CERTIFY that this Minute Order approving Caltrans Program Supplement
Agreement No. 0828, in the amount of$30,000for an In-Pavement Lighted Crosswalk and
warning signage installation for a mid-block pedestrian crossing from Las Palmas Medical
Plaza at 555 Tachevah Drive to the Desert Regional Medical Center via a state Pedestrian
Safety Program(PSP)grant;State Project No.PSPL-5282(021)per State MasterAgreement
No. 000281 (City Agreement No.A4216); City Project No.2002-10,was adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on the 15thday of
January, 2003.
PATRICIA A. SANDERS
City Clerk
��iiv�961'il'ir
PROGRAM +SUPPLEMENT NO. 762 Date:7uly 02, 2002
i
to . '�i1d fi.i •l'.�Sd..6'��?Of:'�, .r�,
Location:08-RIV-O-PSP
ADMINISTERING AGENCY-STATE AGREEMENT `?;�� ;;' ;,';1°'v9", o r`1'spr6j ect Number:RPL-5282(019)
FOR STATE FUNDED PROJECTS NO. 000281 E.A. Number:08-412464
Locode:5282
This PROGRAM SUPPLEMENT,effective 05/09/2002,is hereby incorporated into the Administering Agency-State Agreement
No.000281 for State Funded Projects entered into between the ADMINISTERING AGENCY and the STATE with an effective date
of 06/28/99 and is subject to all the terms and conditions thereof.This PROGRAM SUPPLEMENT is adopted in accordance with
Article I of the aforementioned Master Agreement under authority of Resmitrtion-Nm a approved by the
ADMINISTERING AGENCY on r7/a,)/§,-(See copy attached). 10-t z W(56 CUt 4
The ADMINISTERING AGENCY further stipulates that as a condition to payment of funds encrunbered to this project,it accepts
and will comply with the Special Covenants and Conditions set forth on the following pages.
CalTrans
PROJECT LOCATION: Program Suppl 762
AGREEMENT #4216
on Sunrise Way from East Palm Canyon Drive to Vista Chino(SR 111) M07133, 7-31-02
TYPE OF WORK: interconnect signals
Estimated Cost State Funds Matching Funds
STATE $120,000.00 LOCAL OTHER
$160,000.00 $40,000.00 $0.00 $0.00
CITY OF PALM SPRINGS
STATE OF CALIFORNIA
-Tt
Department of Transportation
By By
CitManager ` ,ter' //
' •' T,l Chief, Office of Project Implementati
Date 1 Division of Local Assistance
l
Attes Date % " � - -" )'?
Title City Clerk /!
I hereby certify upon my personal knowledge that
budgeted funds are available for this encumbrance:
Accounting Office m th) / � L
Date 2- ' 0 — $120,000.00
Chapter Statutes Item Year Progr BC Category Fund Source AMOUNT
106 2001 2660-101-042 2001-20 20.30.600.620 S 262042 042-T 120,000.00
APPWM �"He i
PRA �� '0 FORMA INI �l/ 3�, -
City Attorney
late g/#/ ,/0 21
Program Supplement 00-0281-762- SERIAL Page 1 of 4
O8-RIV-0-PSP 07/02/2002
RPL-5282(619)
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
2 . This PROJECT is programmed to receive funding from the 1998 State
Transportation Improvement Program (STIP) , as amended. Funding
may be provided under one or more components . A component (s)
specific fund allocation is required, in addition to other
requirements, before reimbursable work can occur for the
component (s) identified. Each allocation will be assigned an
effective date and identify the amount of funds allocated per
component (s) .
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement
of eligible PROJECT expenditures for the component (s) allocated.
The start of reimbursable expenditures is restricted to the later
of either 1) the effective date of the Master Agreement, 2) the
effective date of the PROGRAM SUPPLEMENT, or 3) the effective date
of the component specific allocation.
3 . STATE and ADMINISTERING AGENCY agree that additional funds made
available by future allocations will be encumbered on this
PROJECT by use of a STATE approved Allocation Letter and Finance
Letter. ADMINISTERING AGENCY agrees that STATE funds available
for reimbursement will be limited to the amount allocated by the
California Transportation Commission (CTC) and/or the STATE.
4 . This PROJECT is subject to the timely use of funds provisions
enacted by Senate Bill 45 (SB 45) , approved in 1997, and
subsequent CTC guidelines and State procedures approved by the
CTC and STATE, as outlined below:
Funds allocated for the environmental & permits, plan
specifications & estimate, and right-of-way components are
available for expenditure until the end of the second fiscal year
following the year in which the funds were allocated.
Funds allocated for the construction component are subject to an
award deadline and contract completion deadline. ADMINISTERING
AGENCY agrees to award the contract within 12 months of the
construction fund allocation and complete the construction or
vehicle purchase contract within 36 months of award. (/*1
3
Program Supplement00-0281-762- SERIAL Page 2 of 4
O8-RIV-0-PSP 07/02/2002
RPL-5282(619)
SPECIAL COVENANTS OR REMARKS
5 . Upon ADMINISTERING AGENCY request, the CTC and/or STATE may
approve supplementary allocations, time extensions, and fund
transfers between components . An approved time extension will
revise the timely use of funds criteria, outlined above, for the
component (s) and allocation(s) requested. Approved supplementary
allocations, time extensions, and fund transfers between
components, made after the execution of this PROGRAM SUPPLEMENT
will be documented and considered subject to the terms and
conditions thereof.
Documentation for approved supplementary allocations, time
extensions, and fund transfers between components, will be a
STATE approved Allocation Letter, Fund Transfer Letter, Time
Extension Letter, and Finance Letter, as appropriate.
6 . This PROJECT will be administered in accordance with the CTC STIP
guidelines, as adopted or amended, and the STATE Procedures for
Administering Local Grant Projects in the State Transportation
Improvement Program (STIP) , the Local Assistance Program
Guidelines, and the Local Assistance Procedures Manual. The
submittal of invoices for project costs shall be in accordance
with the above referenced publications and the following.
7 . The ADMINISTERING AGENCY shall invoice STATE for environmental &
permits, plans specifications & estimate, and right-of-way costs
no later than 180 days after the end of last eligible fiscal year
of expenditure. For construction costs, the ADMINISTERING AGENCY
has 180 days after project completion to make the final payment
to the contractor and prepare the final Report of Expenditures
and final invoice, and submit to STATE for verification and
payment.
8 . All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and
the encumbrance of funds under this Agreement. Funding and
reimbursement are available only upon the passage of the State
Budget Act containing these STATE funds.
9 . Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately after the
award. Failure to do so will cause delay in processing the
invoices for the construction component. As a minimum, the award
Program Supplement 00-0261-762- SERIAL 4
08-RIV-0-PSP 07/02/2002
RPL-5282(019)
SPECIAL COVENANTS OR REMARKS
information should have the following: Project number, project
description, PPNO, date the project was advertised, award amount,
bid opening date, award date and estimated completion date.
Y)q!r
Program Supplement00-0251-762- SERIAL Page 4 of 4
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CITY OF PALM SPRINGS, CALIFORNIA
®= TRAFFIC SIGNAL TO BE INCLUDED IN PROJECT eXHIBIT "A"
_znJR M),
PROGRAM SUPPLEMENT NO- M007 (�?6 SZP P° �n'S`-"V""�"-'� Date:OCtober 19,2000
=b
to L'nrI o7,LnI',C� CaF•Fw?,"' LOc ation:
08-RIV-O-PSP
ADMINISTERING AGENCY-STATE AGREEMENT Project Ntrmber:STPL-5282(013)
FOR FEDERAL-AID PROJECTS NO. 08�-5282 E.A- Number:08-924535
This Program Supplement is hereby incorporated into the Agency-State Agreement for Federal Aid which was entered into between
the Agency and the State on 03/18/98 and is subject to all the terms and conditions thereof.This Program Supplement is adopted in
accordance with Article I of the aforementioned Master Agreement under authority of4�e5v io rNo.r u( %,t�4 6 /, 6ylcle
i!
approved by the Agency on ,)) �, (See copy attached). 7
The Agency further stipulates than as a condition to payment of funds obligated to this project,it accepts and will comply with the
covenants or remarks setforth on the fallowing pages.
State of California
Program Supplement #14007
AGREEMENT #4216
PROJECT LOCATION:
M06814, 3-7-01
GENE AUTRY TRAIL---MESQUITE AVENUE TO VISTA CHINO ROAD
TYPE OF WORK: Pedestrian and Bike Path LENGTH: O(MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[X]PrelimntaryEngineenng [ ] Rigbt-Of-Way [ ] Construcrion
[ ] Constmcrion Engineering
Estimated Cost, Federal Funds Matching Funds
35A S10,623.00 LOCAL OTHER
S12,000.00 $1,377,00 S0.00 $0.00
CITY OF PALM SPRINGS
STATE OF CALIFOEMIA
Department of Transportation
l �
sy �t•�_
City Manager �{/J Chief, Office of Local Programs
Dat D Project Implementation
AtteB ��77
Date_ �/ �C246
Title City Clerk
I hereby certify upon my ppeeJrs�onal $ue4ledge that budgeted funds are available for thi3 encumbrance;
Accounting office t' � Date /Q 'o L7 S10,623.00
Chapter Statutes Item Year Hrogr SC Category Fund Source AMOUNT
52 2000 2660-101-890 2000-2001 20.30.010,810 C 262040 892-F 10,623.00
APPROVED AS TO FORNI
' r �armey
to - ✓I o Q7 "1`1'd b �e�� -23�.-Dj
Q
Program Ssspplement 08-5282-MO07- ISTEA Pagee I 7. R 2
08-i.IV-0-PSP ` 10/19/2000
STPL-5282(013)
SPECIAL COVENANTS OR REMARKS
1. All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article III
MAINTENANCE of the aforementioned Master Agreement will be the
responsibility of the Local Agency and shall be performed at
regular intervals or as required for efficient operation of the
completed improvements.
2 . The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal-Aid Project Agreement (PR-2) /Detail
Estimate, or its modification (PR-2A) or the ENM-76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Hid Letter or its modification as prepared by the Office of Local
Programs Project Implementation.
3 . The Local Agency will advertise, award and administer this
project in accordance with the current Local Assistance
Procedures Manual.
4 . This agreement supplements the Local Agency-State Master
Agreement Federal-Aid projects, with the understanding that all
provisions Transportation Equity Act (TEA-21) apply.
5. This Program Supplement will be revised at a later date to
include other phases of work.
Program Supplement08-5282-M007- ISTEA Page 2 of 2
_ ! �-
STATE Of CALIFORNIA. BUSINESS,TRAORTA710N,AND HOUSING AGENCY _ GRAY DAJIS Gove
DEPARTMENT OF TRANSPORTATION r
LOCAL ASSISTANCE PROGRAM P� '.m° r
1120 IN
P.O BOX 942874, MS#1 �?ti��/
Sacramento, CA 94274-0001
TDD ( 654-4014 654-
(916) 654-3151 � ��/++"" Jo
Fax(916) 654-2409
April 2, 2001 File : 08-RIV-0-PSP ✓
STPL-5282(013)
GENE AUTRY TRAIL---
MESQUITE AVENUE TO VISTA
Mr. Rob Mohler CHINO ROAD
Transportation A. D, & Grants Manager
City of Palm Springs
P. O. Box 2743 �j 7,7--P1XT5k�r•Z C"tiiiii
Palm Springs, CA 92263
Dear Mr. Mohler:
/. B77 .eoca�
Enclosed is your fully executed copy of Program Supplement Agreement No. 007-M to Administering Agency-State
Agreement No. 08-5282 covering: Preliminary Engineering for the above-referenced project.
Sincerely,
1M FARDAD FALAKFARSA, Office Chief
Southern Project Implementation
Local Assistance Program
Enclosure
c: OLP AE Project Files
(08) DLAE - Louis Flares
y� w state-of California CalTrans
MASTER AGREEMENT Master Agreement State Funded
Projects
216
ADMINISTERING AGENCY - STATE AGREE A19780, rr 3-00
1L19780, 5-3-00
_ FOR — — —
rr STATE FUNDED PROJECTS
C 4 P L 4.7S District 0$
G�w Agreemeni No- 000281
Citv of Palm Springs
Adminstering Agency
THIS AGREEMENT, made effective this L 6 day of 1999, is by and
between the City of Palm Springs, a city, county, or other public entity, hereinafter referred to as
'ADMINISTERING AGENCY,' the State of California, acting by and through its Department of
Transportation, herinafter referred to as 'STATE.'
WITNESSETII
WHEREAS, the Legislature of the State of California has enacted legislation by which
certain State funds are made available for use on local transportation facilities and
ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC)
and/or STATE for funding from the State Transportation Improvement Program (STIP) or other
programs as defined in the .Local Assistance Program Guidelines for use on those local
transportation facilities as local administered PROJECT(s), hereinafter referred to as
"PROJECT"; and
WHEREAS, as provided by STATE policy, said PROJECT will not receive any federal
funds; and
WHEREAS, STATE is required to enter into an AGREEMENT with ADMINISTERING
AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY
relative to said State funding and the prosecution of said PROJECT by ADMINISTERING
AGENCY-
NOW, TIIEREFORE, the parties agree as follows:
ARTICLE I - PROJECT ADMINISTRATION
I. This AGREEMENT shall have no force or effect with respect to any programmed
PROJECT unless and until a PROJECT-specific program supplement, adopting the terms of this
AGREEMENT, hereinafter referred to as "PROGRAM SUPPLEMENT," has been fully
executed by the parties.
2. The Financial commitment of STATE funds will occur only following the execution of
this AGREEMENT and the subsequest execution of each applicable PROJECT-specific
PROGRAM SUPPLEMENT.
i. ADMINISTERING AGENCY further agrees, as a condition to the release and payment
of State funds encumbered to the PROJECT described in the PROGRAM SUPPLEMENT, to
comply with the terms of this AGREEMENT and all of the agreed-upon Special Covenants and
Conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and
defining the nature of that specific PROJECT.
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4. The PROGRAM SUPPLEMENT shall designate the ADMINISTERING AGENCY
responsible for implementing the various phases of the PROJECT, the State funding program,
and the matching funds to be provided by ADMINISTERING AGENCY and/or STATE.
Adoption and execution of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY
and STATE, incorporating the terms and conditions of this AGREEMENT into the PROGRAM
SUPPLEMENT as though fully set forth therein, shall be sufficient to bind the
ADMINISTERING AGENCY to these terms and conditions when performing the PROJECT.
Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S
governing body and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed
by the ADMINISTERING AGENCY'S governing body.
5. PROJECT shall be acquired, designed, and constructed as required in the Local
Assistance Program Guidelines, such other STATE procedures as arc identified in the
PROGRAM SUPPLEMENT, and as is specified in this AGREEMENT.
6. Unless otherwise provided in the PROGRAM SUPPLEMENT, the ADMINISTERING
AGENCY shall advertise, award, and administer the PROJECT construction contract or
contracts.
7. The estimated cost and scope of PROJECT will be as described in the PROGRAM
SUPPLEMENT and State funding participation is limited to the amounts established by STATE.
A contract for an amount in excess of said approved estimate may be awarded and expenditures
may exceed said estimate provided ADMINISTERING AGENCY provides the necessary
additional funding or a PROJECT cost increase in State funding is first requested by
ADMINISTERING AGENCY and is approved by STATE in the form of an amended
PROGRAM SUPPLEMENT or a STATE approved encumbrance document adding or deleting
PROJECT funds.
8. Subsequent to the inclusion of the PROJECT in a plan or program approved by STATE
and the ADMINISTERING AGENCY entering into this AGREEMENT and the PROJECT
specific PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY may request and
receive payment for eligible work as follows:
(a) STATE will reimburse the STATE's share of eligible participating PROJECT costs
monthly in arrears upon ADMINISTERING AGENCY'S submittal of signed acceptable
monthly progress pay invoices (in duplicate) for expenditures actually made by
ADMINISTERING AGENCY.
(b) If PROJECT involves work on the STATE highway system, that PROJECT shall
also be the subject of separate standard forms of STATE issued encroachment pen-nits issued to
ADMINISTERING AGENCY and any contractors and, where appropriate, an executed
cooperative agreement between STATE and ADMINISTERING.AGENCY to determine how
PROJECT is to be acquired, designed, or constructed and to establish ownership and future
maintenance obligations.
(c) State funds will not participate in any portion of PROJECT work performed in
advance of either the effective date of the executed PROGRAM SUPPLEMENT for said
PROJECT or the effective date of this AGREEMENT.
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9. The total of all ADMINISTERING AGENCY invoices (submitted monthly or quarterly
in arrears) for reimbursement of participating PROJECT costs, including all required
ADMINISTERING AGENCY matching funds, must not exceed the actual total allowable
PROJECT costs, including, but not limited to, all completed preliminary engineering work, right
of way acquisition, design and constriction included within the PROJECT description contained
in the PROGRAM SUPPLEMENT.
10. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall
reference this AGREEMENT number, PROJECT number, and progress billing number for the
PROJECT, and shall be formatted and costs reported in accordance with the current version of
Chapter 5, "Accounting/Invoices," of the Local Assistance Procedures Manual published by
STATE.
11. STATE programmed amounts may be increased to cover PROJECT cost increases only if
such funds are available, STATE concurs with that proposed increase, and STATE executes an
amending PROGRAM SUPPLEMENT or a STATE approved encumbrance document
encumbering those funds.
12. When additional State funds are not available, the ADMINISTERING AGENCY agrees
that the payment of State funds will be limited to the amounts approved in the PROGRAM
SUPPLEMENT, and agrees that any increases in PROJECT costs must be defrayed with
ADMINISTERING AGENCY funds.
13. The legislature of the State of Califomia and the Governor of the State of California, each
within their respective jurisdictions, have prescribed certain employment practices with respect
to contract and other work financed with State funds. ADMINISTERING AGENCY shall
ensure that work performed under this AGREEMENT is done in conformance with the rules and
regulations embodying such requirements where they are applicable_
14. ADMINISTERING AGENCY and its subcontractors shall establish and maintain an
accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support
reimbursement payment vouchers or invoices which segregate and accumulate costs of
PROJECT work elements and produce monthly reports which clearly identify reimbursable
costs, matching costs, and other expenditures by ADMINISTERING AGENCY.
15. After completion of all work under this AGREEMENT, and after all PROJECT costs are
known, ADMINISTERING AGENCY shall contract for a financial audit of PROJECT costs if
those costs are in excess of$300,000. This Audit, to be accomplished at the ADMINISTERING
AGENCY'S expense, may be done on an individual PROJECT basis, or PROJECT may be
included in the ADMINISTERING AGENCY'S annual Single Audit. If an individual audit of
PROJECT is done, the auditor must prepare a Final Audit Report. If ADMINISTERING
AGENCY chooses the Single Audit option, an audit report is required for the State funding
share. This report should be prepared in accordance with the guidelines set forth in OMB
Circular A-133. Compliance testing performed for this audit should determine whether the
ADMINISTERING AGENCY has a system that is adequate to accumulate and segregate
reasonable, allowable and allocable costs to assure that:
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(a) Reimbursement claims submitred to STATE for the PROJECT are supported by
payment vouchers and canceled checks-
(b) Charges for the various categories of eligible PROJECT costs incurred by the
ADMINISTERING AGENCY are fully supported and recorded in the ADMINISTERING
AGENCY'S accounting records in accordance with generally accepted accounting principles-
(c) The ADMTNISTERING AGENCY complied with CFR 49 Part 18, Uniform
Administrative Requirements for State and Local Governments and OMB A-87, Cost Principles
for State and Local Governments. Any instances of noncompliance or costs determined
ineligible in accordance with these regulations but claimed for reimbursement should be
identified and set forth in the auditor's report.
16- ADMINISTERTNG AGENCY and all subcontractors shall comply with the Uniform
Administrative Requirements for State and Local Governments set forth in the Code of Federal
Regulations, Title 49, Part 18- In addition, the ADMINISTERING AGENCY agrees to comply
with the cost principles and procedures set forth in Office of Management and Budget Circular
A-87. The ADMINISTERING AGENCY agrees that a reference to either Office of
Management and Budget Circular A-87 or the Code of Federal Regulations, Title 49, Chapter 1,
Part 31, whichever is applicable and the code of Federal Regulations, Title 49, Part 18, will be
included in any subcontracts entered into as a result of this AGREEMENT.
17. The "State Report of Expenditures" must be completed by ADMINISTERING
AGENCY within one hundred eighty (180) days of PROJECT completion in the format
described for State funded projects in Chapter 17, "Project Completion" of the Local Assistance
Procedures Manual. The Final Invoice must be submitted with the "State Report of
Expenditures"- The Audit must be completed by the December 30th following the fiscal year of
PROJECT completion. Project completion is defined as when all work identified in the
approved PROJECT Application and PROGRAM SUPPLEMENT has been completed and final
costs are known. The report documents (State Report of Expenditures and Final Audit Report)
will be sent to the appropriate STATE office- Failure to comply with these reporting
requirements may result in the withholding of future allocations for other projects.
18- STATE reserves the right to conduct technical and financial audits if it is determined to
be necessary. After any financial audit, ADMINISTERING AGENCY shall promptly refund
any excess State finds erroneously reimbursed to ADMINISTERING AGENCY.
19, Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided
hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to
complete PROJECT, then, within thirty (30) days of demand, or within such other period as may
be agreed to in writing between the parties hereto, STATE, acting through the State Controller,
the State Treasurer, the California Transportation Commission (CTC), or any other public
agency, may witlilhold or demand a transfer of an amount equal to the PROJECT amount paid by
STATE from future apportiothtnents or any other funds due ADMINISTERING AGENCY from
the highway Users Tax Fund or any other funds and/or may withhold approval of future
ADMINISTERING AGENCY projects.
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20. When PROJECT is not on the STATE highway system but includes work to be
performed by a railroad, the contract for such work shall be prepared and administered by
ADMINISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event,
ADMINISTERING AGENCY shall enter into an AGREEMENT with the railroad providing for
future maintenance of protective devices or other facilities installed or constructed under that
contract.
ARTICLE II -ENGINEERING
1. "Project Development Costs" includes all preliminary work up to contract award for
construction and directly related to the PROJECT. including, but not limited to, environmental
studies, preliminary surveys and reports, laboratory work, soil investigation, preparation of
plans, specifications and estimates, advertising for bids, awarding contract, as well as Project
Development Contract Administration.
2. "Construction Engineering" eligible costs include actual inspection and supervision of
construction work, construction staking, laboratory and field testing, preparation and processing
of field reports, and records, estimates, final reports, and allowable expenses of
employees/consultants engaged in such activities-
3- Unless the parties shall otherwise agree in writing, ADMINISTERING AGENCY'S
employees or its subcontractor engineering consultant shall be responsible for all PROJECT
engineering work. When construction engineering is performed by STATE, charges by STATE
invoiced to ADMINISTERING AGENCY shall include an assessment on direct labor costs in
accordance with Section 8755.1 of the State Administrative Manual. The portion of such
STATE charges not contractually absorbed by STATE shall be paid from PROJECT or other
funds of ADMINISTERING AGENCY.
4. No reimbursable or matching costs incurred by ADMINISTERING AGENCY in the
period prior to the effective date of this AGREEMENT or a later date specified in a PROGRAM
SUPPLEMENT are allowable by STATE.
ARTICLE III - RIGHT-OP-WAY
1. All related rights-of-way as are necessary for the construction of PROTECT shall be
acquired by ADMINISTERING AGENCY, and no contract for construction of PROTECT or any
portion thereof shall be advertised until those necessary rights-of-way have been secured.
2. The furnishing of rights-of-way as provided for herein includes, and is limited to, the
following, unless the PROGRAM SUPPLEMENT provides otherwise:
(a) expenditures to purchase all real property required for PROTECT free and clear of
liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the
fair market value of any excess property retained and not disposed of by ADMINISTERING
AGENCY.
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(b) the payment of damages to real property not actually taken but injuriously
affected by the proposed improvement
(c) the cost of relocating owners and occupants pursuant to Government Code
Sections 7260-7277
(d) the cost of demolition and sales of all improvements on the right of way
(e) the cost of all unavoidable utility relocation, protection or removal
(f) the cost of all necessary hazardous material and hazardous waste clean up for
which ADMINISTERING AGENCY is not responsible and the actual generator cannot be
identified or recovery made.
3. Should ADMINISTERING AGENCY, in acquiring right-of-way for PROJECT, displace
an individual, family, business, fame operation of nonprofit organization, the ADMINISTERING
AGENCY shall provide relocation payments and services as required by California Government
Code, Sections 7260-7277.
4. State funds will not participate in any PROJECT costs arising out of delays to
construction or demolition contractor's orderly prosecution of the work because utilities have not
been timely removed or relocated or due to the unavailability of rights-of-way_
5. If any protection, relocation or removal of utilities is required within STATE'S
right-of--way, such work shall be performed in accordance with STATE policy and procedure.
ADMINISTERING AGENCY shall require any utility company performing relocation work in
the STATE'S right-of-way to obtain a STATE Encroachment Permit prior to the performance of
said relocation work. Any relocated utilities shall be correctly located and identified on the
PROJECT as-built plans.
ARTICLE IV - MISCELLANEOUS PROVISIONS
I. The cost of security, protection, or maintenance performed by ADMINISTERING
AGENCY or contractor forces during any temporary suspension of the work or at any other time
may not be charged to the PROJECT.
2. Neither STATE nor any officer or employee thereof shall be responsible for any damage
or liability occurring by reason of anything done or omitted to be done by ADMINISTERING
AGENCY under or in connection with any work, authority, or jurisdiction delegated to
ADMINISTERING AGENCY under this AGREEMENT. It is also understood and agreed that,
pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend,
indemnify and hold STATE, its officers and employees hannless fzom any liability imposed for
injury (as defined be Govemment Code Section 810.8) occurring by reason of anything done or
omitted to be done by ADMINISTERING AGENCY tmdei or in connection with ariy work,
authority, or j urisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT.
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3. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reasons of anything done or omitted to be
done by STATE under or in connection with any work, authority, or jurisdiction delegated to
STATE tinder this AGREEMENT- It is also understood and agreed that pursuant to Government
Code Section 895.4, STATE shall filly defend, indemnify and hold ADMINISTERING
AGENCY harmless from any liability imposed for injury (as defined be Govermnent Code
Section 810-8) occurring by reason of anything done or omitted to be done by STATE under or
in connection with any work, authority, or jurisdiction delegated to STATE under this
AGREEMENT.
4. Auditors of STATE shall be given access to books and records of ADMINISTERING
AGENCY and its contractors and subcontractors for the purpose of verifying PROJECT costs
and share to be paid. ADMINISTERING AGENCY shall include clauses in its contracts for
PROJECT obligating contractors and subcontractors to conform and cooperate in any audit of
their PROJECT costs.
5. ADMINISTERING AGENCY will maintain and operate the PROJECT property
acquired, developed, rehabilitated, or restored for its intended public use until such time as the
parties might amend this AGREEMENT to otherwise provide- With the approval of STATE,
ADMINISTERING AGENCY or its successors in interest in the property may transfer This
obligation and responsibility to maintain and operate the property to another public entity.
6. Upon ADMINISTERING AGENCY acceptance of the completed PROJECT
construction contract or upon contractor being relieved of the responsibility for maintaining and
protecting a portion of the work, the ADMINISTERING AGENCY having jurisdiction over the
PROJECT shall maintain, repair and restore any damaged portions of the completed work in a
mamier satisfactory to the authorized representatives of STATE. If, within ninety (90) days after
receipt of notice from STATE. that a PROJECT, or any portion thereof, under
ADMINISTERING AGENCY'S jurisdiction is not being properly maintained, repaired or
restored and ADMINISTERING AGENCY has not satisfactorily remedied the conditions
complained of, the approval of future projects of ADMINISTERING AGENCY will be withheld
until the PROJECT shall have been put in a condition satisfactory to STATE. The provisions of
this section shall not apply to a PROJECT which has been vacated, as preapproved by STATE,
through due process of law.
7. The ADMINISTERING AGENCY obligation to maintain, referred to in paragraph 6
above, includes not only the physical condition of the PROJECT but its continued operation as
well- PROJECT shall be maintained by an adequate and well-trained staff of engineers and/or
such other professionals and technicians as the PROJECT requires. Said maintenance staff may
be employees of ADMINISTERING AGENCY, another unit of government, or a contractor
tinder an agreement with ADMINISTERING AGENCY. All maintenance will be performed at
regular intervals or as required for efficient operation of the complete PROJECT improvements-
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8. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY, either in whole or in part.
9. No alteration or variation of the terms of this AGREEMENT or the PROGRAM
SUPPLEMENT shall be valid unless made in writing and signed by the parties hereto, and no
oral understanding or agreement not incorporated herein shall be binding on any of the parties
hereto.
10. This Agreement is subject to any additional restrictions, limitations, conditions, or any
statute enacted by the State Legislature or adopted by the CTC that may affect the provisions,
terms, or funding of this AGREEMENT in any mamier.
IL ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder
only for transportation purposes that are in conformance with Article XIX of the California State
Constitution.
ARTICLE, V - CONDITION OF ACCEPTANCE
ADMINISTERING AGENCY shall confonn to all State statutes, regulations,and the
Local Assistance Program Guidelines and Local Assistance Procedures Manual including all
subsequent approved revisions thereto. hereafter collectively referred to as PROCEDURES,
applicable to PROJECT unless otherwise designated in the approved PROGRAM
SUPPLEMENT-
This AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under this
AGREEMENT shall terminate upon sixty (60) days' prior written notice by STATE.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly
authorized officers.
STATE OF CALIFORNIA City of Palm Springs
Department of Transportation
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• 0
M E M O R A N D U M
DATE: May 9, 2000
TO: Contractor Administrator, Grant Person, Special
Project Worker, etc...Bob Mohler
FROM: Office of the City Clerk-Trisha
RE: State of California5l9mns Master Agreement State
Funded Project —A421 d Program Supplement
M005 Rev 1-A1459:
CC: File
Attached is your copy of the above mentioned agreement/amendment between
CalTrans and the City, approved by the City Council on May 3, 2000, by
Resolution19780, A4216; and M06609, May 3, 2000 A1459. I have forwarded a
copy to Finance.
Trisha
cc: Fi e
cc: File