HomeMy WebLinkAboutCC RES 2020-72RESOLUTION 2020-72
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A RESOLUTION OF THE CITY COUNCIL OF PALM DESERT,
CALIFORNIA, APPROVING EXECUTION OF PROGRAM
SUPPLEMENT AGREEMENT TO ADMINISTERING AGENCY -
STATE AGREEMENT FOR STATE -FUNDED PROJECTS -
AGREEMENT NO. 00557S
WHEREAS, a Master Agreement Administering Agency -State Agreement for State -
Funded Projects No. 00557S, was approved and adopted by Resolution No. 2020-20
February 27, 2020; and
WHEREAS, the Administering Agency has applied to the California Transportation
Commission (CTC) and/or STATE for funding (herein referred to as STATE FUNDS), for
San Pablo Avenue Phase 2 Streetscape Improvements (681-20), hereinafter referred to
as "PROJECT"; and
WHEREAS, a Program Supplement Agreement to the Master Agreement is
required for each project outlining specific conditions with state allocated funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
DOES HEREBY RESOLVE THE FOLLOWING:
Authorize the Mayor of the City of Palm Desert to execute Program Supplement
No. V18, attached hereto as "Exhibit A", to Master Agreement Administering
Agency -State Agreement for State -Funded Projects No. 00557S.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 24th day of September, 2020, by the following vote, to wit:
AYES: HARNIK, JONATHAN, KELLY, WEBER, and NESTANDE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
&( et_i_c__ ,z_ 644_
GRACE L. ROCHA, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
tivio Y, 44/4/4"
GINA NESTANDE, MAYOR
RESOLUTION NO. 2020-72
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RESOLUTION NO. 2020-72
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PROGRAM SUPPLEMENT NO. V18
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO 00557S
Adv Project ID Date:
0820000043 Location:
Project Number:
E.A. Number:
Locode:
August 31, 2020
08-RIV-0-PDST
ATPSB1 L-5414(015)
5414
This Program Supplement, effective 06/25/2020, hereby adopts and incorporates into the Administering Agency -State
Agreement No. 00557S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and
the STATE with an effective date of 03/29/20 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 encumbered to this project, Administering Agency accepts and will comply with the Special
Covenants and remarks set forth on the following pages.
PROJECT LOCATION: San Pablo Avenue from Fred Waring Drive to Magnesia Falls Drive
TYPE OF WORK: Sidewalk, Class IV paths, and traffic roundabouts
Estimated Cost 1 State Funds
SB1 funds $3,222,000.00
$8,502,467.001
CITY OF PALM DESERT
By
Title
Date
Attest
LOCAL
$5,280,467.0
Matching Funds
OTHER
$0.00
STATE OF CALIFORNIA
Department of Transportation
By-- - ----
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _
le5Sarrliri ?&JoS
Date g f3i/oo $3.222.000.00
Program Supplement 00-557S-V18- SERIAL Page 1 of 4
08-RIV-O-PDST
ATPSBI L-5414(015)
SPECIAL COVENANTS OR REMARKS
RESOLUTION NO. 2020-72
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to
comply with all reporting requirements in accordance with the Active Transportation
Program guidelines, as adopted or amended.
K. This PROJECT has received funds from Active Transportation Program (ATP). The
ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC
Adopted SB1 Accountability and Transparency Guidelines.
2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the
scope of work presented in the application and approved by the California Transportation
Commission. Any changes to the approved PROJECT scope without the prior expressed
approval of the California Transportation Commission are ineligible for reimbursement
and may result in the entire PROJECT becoming ineligible for reimbursement.
Program Supplement 00-557S-V18- SERIAL Page 4 of 4
08-RIV-O-PDST
ATPSBI L-5414(015)
SPECIAL COVENANTS OR REMARKS
RESOLUTION NO. 2020-72
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Local Assistance Engineer immediately after project contract award and prior to the
submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing of invoices for the construction
phase.
G. The ADMINISTERING AGENCY shall invoice. STATE for environmental & permits
(E&P), plans specifications & estimate (PS&E), 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 or contract acceptance
to make the final payment to the contractor prepare the final Report of. Expenditures and
final invoice, and submit to STATE for verification and payment.
H. 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 LAPM and the
Active Transportation Program (ATP) Guidelines.
I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards,
to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan
(ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and
Investigations requirements which may be accessed at: www.dot.ca.govlhglaudits/.
ADMINISTERING AGENCY agrees to comply with, and require all sub -recipients and
project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements,
Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal
and State laws and regulations.
ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures,
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all
applicable Federal and State laws and regulations, shall be used to determine the.
allowability of individual PROJECT cost items.
Any Fund expenditures for costs for which ADMINISTERING AGENCY has received
payment or credit that are determined by subsequent audit to be unallowable under 2
CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by
ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to
reimburse Funds due STATE within 30 days of demand, or within such other period as
may be agreed in writing between the Parties hereto, STATE is authorized to intercept
and withhold future payments due ADMINISTERING AGENCY from STATE or any third -
party source, including, but not limited to, the State Treasurer, the State Controller, and
the California Transportation Commission.
Program Supplement 00-557S-V18- SERIAL Page 3 of 4
08-RIV-O-PDST
ATPSBI L-5414(015)
RESOLUTION NO. 2020-72
1.
SPECIAL COVENANTS OR REMARKS
A. This PROJECT will be administered in accordance with the applicable CTC STIP
guidelines and the Active Transportation Program guidelines as adopted or amended, the
Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines
(LAPG), and this PROGRAM SUPPLEMENT.
B. This PROJECT is programmed to receive State funds from the Active Transportation
Program (ATP). 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. Unless otherwise determined,
the effective date of the component specific allocation will constitute the start of
reimbursable expenditures.
C. STATE and ADMINISTERING AGENCY agree that any additional funds made
available by future allocations will be encumbered on this PROJECT by use of a STATE -
approved Allocation Letter and STATE 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.
D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve
supplementary allocations, time extensions, and fund transfers between components.
Funds transferred between allocated project components retain their original timely use of
funds deadlines, but an approved time extension will revise the timely use of funds criteria
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 will consist of a STATE approved Allocation Letter,
Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
E. This PROJECT is subject to the timely use of funds provisions enacted by the Active
Transportation Program guidelines, as adopted or amended, and by approved CTC and
State procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate
(PS&E), 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 6 months of the construction fund allocation and to complete and accept the
construction within 36 months of award.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Program Supplement 00-557S-V18- SERIAL Page 2 of 4